Racing Regulation Act 2004

Racing Regulation Act 2004

An Act to provide for the better regulation of thoroughbred, harness and greyhound racing and associated betting activities, and for related purposes

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Racing Regulation Act 2004 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

In this Act, unless the contrary intention appears –

accept a bet includes negotiate a bet;

act includes omission;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 11 of 2015, s. 4, Applied:01 Jul 2015] appeal means an appeal to the TRAB;

[Section 3 Amended by No. 32 of 2008, s. 4, Applied:01 Jul 2009] [Section 3 Amended by No. 18 of 2014, s. 4, Applied:01 Jul 2015]

[Section 3 Amended by No. 1 of 2011, s. 11, Applied:01 Apr 2011] approval holder means a wagering operator who holds a race field information publication approval;

[Section 3 Amended by No. 1 of 2011, s. 11, Applied:01 Apr 2011] [Section 3 Amended by No. 18 of 2014, s. 4, Applied:01 Jul 2015]

[Section 3 Amended by No. 18 of 2014, s. 4, Applied:01 Jul 2015] approval period means the period determined from time to time by Tasracing in accordance with section 54AB ;

approved form means a form approved or determined by the Director;

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 86 ;

betting means betting on –

(a) contingencies relating to horse or greyhound races; or

(b) contingencies relating to approved sports events;

[Section 3 Amended by No. 1 of 2011, s. 4, Applied:01 Nov 2010] betting exchange has the same meaning as in the Gaming Control Act 1993 ;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] 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;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 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 his or her employment and under direction, merely assists a bookmaker or bookmaker's agent to engage in bookmaking;

bookmaking has the meaning referred to in section 55 ;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009]

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 3 Amended by No. 11 of 2015, s. 4, Applied:01 Jul 2015] chairperson means the chairperson of the TRAB;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] close associate  – see section 3A ;

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

code of racing means, according to the context –

(a) thoroughbred racing; or

(b) harness racing; or

(c) greyhound racing;

control includes supervision;

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

conviction, in relation to an offence, includes a finding of guilt without the recording of a conviction for the offence;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 3 Amended by No. 11 of 2015, s. 4, Applied:01 Jul 2015] deputy chairperson means the deputy chairperson of the TRAB;

direct means direct in writing;

Director means the person for the time being holding or acting in the office of Director of Racing referred to in section 5 ;

[Section 3 Amended by No. 6 of 2006, s. 4, Applied:01 Aug 2006]

financial year means –

(a) in the case of a club, the financial year used by the club; or

(b) in any other case, the 12-month period ending on 30 June in any year;

[Section 3 Amended by No. 11 of 2015, s. 4, Applied:01 Jul 2015] former IAB means the IAB, as established under this Act before the commencement of the Racing Regulation Amendment (Board Amalgamation) Act 2015;

functions includes duties and responsibilities;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] 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;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] horse means a thoroughbred horse or a standardbred horse bred for the purposes of racing;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 11 of 2015, s. 4, Applied:01 Jul 2015] [Section 3 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 3 Amended by No. 63 of 2008, s. 6, Applied:01 Jan 2009]

inquiry means an inquiry held by the Director under this Act;

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

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

[Section 3 Amended by No. 11 of 2015, s. 4, Applied:01 Jul 2015] major appeal means an appeal under section 28 that is not a minor appeal;

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

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 11 of 2015, s. 4, Applied:01 Jul 2015] minor appeal means an appeal under section 28 only against the imposition of either, or both, of the following:

(a) a fine not exceeding $500 or, if another amount is prescribed, the prescribed amount;

(b) a suspension for a period not exceeding 30 days;

notice means notice in writing;

[Section 3 Amended by No. 41 of 2016, s. 4, Applied:17 Oct 2016] off-course function approval means an approval issued under section 75C(4)(a) ;

[Section 3 Amended by No. 41 of 2016, s. 4, Applied:17 Oct 2016] 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;

[Section 3 Amended by No. 41 of 2016, s. 4, Applied:17 Oct 2016] off-course function betting endorsement means an off-course function betting endorsement that is endorsed under section 73(5)(b) on a bookmaker's certificate of registration and that is in force;

[Section 3 Amended by No. 41 of 2016, s. 4, Applied:17 Oct 2016] off-course telephone betting means betting by telephone with a registered bookmaker who is at the premises specified, in accordance with section 73A(1)(a) , in the bookmaker's off-course telephone betting endorsement;

[Section 3 Amended by No. 41 of 2016, s. 4, Applied:17 Oct 2016] off-course telephone betting endorsement means an off-course telephone betting endorsement that is endorsed under section 73(5)(b) on a bookmaker's certificate of registration and that is in force;

[Section 3 Amended by No. 41 of 2016, s. 4, Applied:17 Oct 2016] on-course telephone betting means betting by telephone with a registered bookmaker, or a bookmaker's agent, who is at a racecourse;

[Section 3 Amended by No. 41 of 2016, s. 4, Applied:17 Oct 2016] on-course telephone betting endorsement means an on-course telephone betting endorsement that is endorsed under section 73(5)(b) on a bookmaker's certificate of registration and that is in force;

[Section 3 Amended by No. 41 of 2016, s. 4, Applied:17 Oct 2016] premises includes a part of premises;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009]

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;

[Section 3 Amended by No. 32 of 2008, s. 4, Applied:01 Jul 2009] race field information publication approval means an approval granted under section 54B ;

race meeting has the meaning referred to in section 35 ;

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

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] racing club means a club that is registered under section 40 ;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] racing industry association means a body prescribed in the regulations;

racing official means a person holding an appointment under section 51(1) ;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] racing year means the 12-month period commencing on 1 July in any year;

registered means registered under this Act;

[Section 3 Amended by No. 32 of 2008, s. 4, Applied:01 Jul 2009] regulations means the regulations made and in force under this Act;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009]

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 11 of 2015, s. 4, Applied:01 Jul 2015] 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;

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

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 11 of 2015, s. 4, Applied:01 Jul 2015] secretary means the secretary to the TRAB;

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 51(1) ;

[Section 3 Amended by No. 32 of 2008, s. 4, Applied:01 Jul 2009] Tasmanian race field information means information that identifies, or is capable of identifying, the name or number of a horse or greyhound –

(a) 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

(b) as a horse or greyhound that has been scratched or withdrawn from a race intended to be held at any race meeting in Tasmania;

[Section 3 Amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] Tasracing means Tasracing Pty Ltd formed under the Racing (Tasracing Pty Ltd) Act 2009 ;

[Section 3 Amended by No. 41 of 2016, s. 4, Applied:17 Oct 2016] [Section 3 Amended by No. 1 of 2011, s. 11, Applied:01 Apr 2011]

[Section 3 Amended by No. 1 of 2011, s. 11, Applied:01 Apr 2011] totalizator has the same meaning as in the Gaming Control Act 1993 ;

[Section 3 Amended by No. 11 of 2015, s. 4, Applied:01 Jul 2015]

TRAB means the Tasmanian Racing Appeal Board continued under section 23 ;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009]

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] [Section 3 Amended by No. 32 of 2008, s. 4, Applied:01 Jul 2009] unauthorised betting has the meaning referred to in section 86 ;

[Section 3 Amended by No. 32 of 2008, s. 4, Applied:01 Jul 2009] [Section 3 Amended by No. 1 of 2011, s. 4, Applied:01 Nov 2010] wagering operator means –

(a) a bookmaker; or

(b) a person who operates a totalizator; or

(c) a person who operates a betting exchange; or

(d) a person who operates such other form of wagering as may be prescribed –

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;

[Section 3 Amended by No. 62 of 2008, s. 4, Applied:01 Jan 2009] wager has the same meaning as in the Gaming Control Act 1993 .

3A.   Close associate

[Section 3A Inserted by No. 62 of 2008, s. 5, Applied:01 Jan 2009]

(1)  A person is a close associate of another person (the "other person") if the firstmentioned person is –

(a) a proprietary company in which the other person is a shareholder; or

(b) a public company in which the other person is directly or indirectly a substantial shareholder; or

(c) a beneficiary under a trust or an object of a discretionary trust of which the other person is a trustee; or

(d) a business or commercial partner of the other person; or

(e) the employer or an employee of the other person; or

(f) a person from whom the other person has received, or might reasonably be expected to receive, a fee, commission or other reward for providing professional or other services; or

(g) the spouse or partner of the other person or of the other person's son or daughter; or

(h) the son, daughter, brother, sister, mother or father of the other person or their spouse or partner.

(2)  For the purposes of subsection (1)(g) and (h)  –

partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 .

4.   Application of Act

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

(a) [Section 4 Amended by No. 11 of 2015, s. 5, Applied:01 Jul 2015] the conduct of, or participation in, totalizator betting authorised under the Gaming Control Act 1993 ; or

(b) 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

(c) business, technical or promotional activities associated with the activities referred to in paragraphs (a) and (b) ; or

(d) such other activities as may be prescribed.

PART 2 - Director of Racing

5.   Director of Racing

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

6.   Functions of Director

(1)  The Director is responsible for –

(a) regulating and controlling racing to ensure that it is conducted with integrity; and

(b) monitoring the administration of racing; and

(c) [Section 6 Subsection (1) amended by No. 62 of 2008, s. 6, Applied:01 Jan 2009] researching and investigating racing integrity and related matters; and

(d) [Section 6 Subsection (1) amended by No. 62 of 2008, s. 6, Applied:01 Jan 2009] advising the Minister on racing integrity and related matters and making appropriate policy recommendations for the development of racing; and

(e) [Section 6 Subsection (1) amended by No. 62 of 2008, s. 6, Applied:01 Jan 2009] liaising with authorities and persons responsible for racing integrity and related matters in this State and, as appropriate, elsewhere; and

(f) [Section 6 Subsection (1) amended by No. 62 of 2008, s. 6, Applied:01 Jan 2009] representing the State and the local industry on national bodies and in national forums generally concerned with racing integrity and related matters; and

(g) [Section 6 Subsection (1) amended by No. 62 of 2008, s. 6, Applied:01 Jan 2009] .  .  .  .  .  .  .  .  

(h) [Section 6 Subsection (1) amended by No. 62 of 2008, s. 6, Applied:01 Jan 2009] providing administrative support to the TRAB; and

(i) such other functions as are imposed on the Director by this or any other Act.

(2)  The Director is also responsible for –

(a) controlling race nominations, acceptances, field selections, handicapping, barrier draws and scratchings in harness racing; and

(b) controlling race nominations, gradings, field selections, box draws and scratchings in greyhound racing; and

(c) [Section 6 Subsection (2) amended by No. 62 of 2008, s. 6, Applied:01 Jan 2009] [Section 6 Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] providing advice and recommendations to Tasracing on the Rules of Racing; and

(d) [Section 6 Subsection (2) amended by No. 62 of 2008, s. 6, Applied:01 Jan 2009] ensuring that the Rules of Racing for all codes of racing are properly enforced by stewards; and

(e) [Section 6 Subsection (2) amended by No. 62 of 2008, s. 6, Applied:01 Jan 2009] approving registrations under the Rules of Racing; and

(f) [Section 6 Subsection (2) amended by No. 62 of 2008, s. 6, Applied:01 Jan 2009] granting licences under the Rules of Racing.

7.   Powers of Director

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

(2)  Without limiting the generality of subsection (1) , the Director may –

(a) hold inquiries; and

(b) maintain registers of clubs, bookmakers and bookmakers' agents; and

(c) [Section 7 Subsection (2) amended by No. 62 of 2008, s. 7, Applied:01 Jan 2009] give directions to registered clubs, either individually or collectively; and

(d) give directions to registered bookmakers, either individually or collectively, including directions about how they may advertise; and

(e) give directions to bookmakers' agents and other persons involved in the racing industry, either individually or collectively; and

(f) [Section 7 Subsection (2) amended by No. 62 of 2008, s. 7, Applied:01 Jan 2009] require a registered club or registered bookmaker to furnish the Director with specified information within a specified time and in a specified manner; and

(fa) [Section 7 Subsection (2) amended by No. 62 of 2008, s. 7, Applied:01 Jan 2009] [Section 7 Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] determine, after consulting with Tasracing, the number of stewards required to –

(i) officiate at race meetings; and

(ii) officiate at race trials; and

(iii) perform any other functions pursuant to the Rules of Racing; and

(fb) [Section 7 Subsection (2) amended by No. 62 of 2008, s. 7, Applied:01 Jan 2009] [Section 7 Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] determine, after consulting with Tasracing, the nature and level of swabbing of racing animals and participants to be undertaken; and

(fc) [Section 7 Subsection (2) amended by No. 62 of 2008, s. 7, Applied:01 Jan 2009] [Section 7 Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] determine, after consulting with Tasracing, licence and registration fees pursuant to the Rules of Racing; and

(fd) [Section 7 Subsection (2) amended by No. 1 of 2011, s. 12, Applied:01 Apr 2011] determine the integrity conditions, being the conditions referred to in section 54B(2)(a) , to be imposed in respect of a race field information publication approval granted by Tasracing; and

(g) apply, towards the costs of administering this Act, any of the following payments received by the Director or on his or her behalf:

(i) [Section 7 Subsection (2) amended by No. 62 of 2008, s. 7, Applied:01 Jan 2009] payments forfeited under sections 22J and 34 ;

(ii) registration fees under this Act;

(iii) registration and licensing fees under any Rules of Racing;

(iv) fines imposed by stewards under any Rules of Racing;

(v) fines imposed by the Director under this Act;

(vi) proceeds from the sale of any goods or the provision of any services;

(vii) such other payments as the Minister may approve.

8.   Financial management

(1)  The Director is responsible for –

(a) ensuring that payments from the Director's funds are correctly made and properly authorised; and

(b) maintaining adequate control over –

(i) any assets of, or in the custody of, the Director; and

(ii) the incurring of Director's liabilities.

(2)  The Director is to keep accounting records that correctly record and explain the Director's transactions and financial position.

(3)  [Section 8 Subsection (3) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009] The accounts and records of the Director are subject to the Audit Act 2008 .

9.   Delegation by Director

The Director may delegate any of the Director's powers or functions other than this power of delegation.

PART 3 - Tasracing

[Part 3 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009]

Division 1 - General provisions

[Division 1 of Part 3 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009]

10.   

[Section 10 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 10 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

11.   General functions and powers of Tasracing

[Section 11 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009]

(1)  [Section 11 Subsection (1) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] Tasracing is, with respect to racing in Tasmania, responsible for –

(a) developing a vision for the racing industry; and

(b) promoting Tasmanian racing locally, nationally and internationally; and

(c) promoting the development of an efficient and effective racing industry; and

(d) promoting the development of an efficient and effective horse and greyhound breeding industry; and

(e) corporate governance, strategic direction and funding; and

(f) providing advice to the Minister and making appropriate policy recommendations for the development of racing; and

(g) attracting sponsorship income; and

(h) allocating race dates; and

(i) race programming; and

(j) developing and maintaining racing and training venues under its control; and

(k) making (by drawing up its own local rules and by adopting Australian Rules of Racing) the Rules of Racing, having regard to the recommendations of the Director; and

(l) setting licence and registration standards and criteria, having regard to the recommendations of the Director; and

(m) monitoring, coordinating and setting standards, in consultation with the Director, for the training of people employed or otherwise engaged in the racing industry other than –

(i) persons appointed under section 51 ; or

(ii) persons employed in that industry appointed under the State Service Act 2000 ; and

(n) representing the Tasmanian racing industry on national and international controlling bodies and in national and international forums; and

(o) publishing industry journals; and

(p) approving, in a manner not inconsistent with the Corporations Act, the operating budgets of racing clubs; and

(q) assisting racing clubs with the promotion and marketing of major race meetings and race carnivals; and

(qa) [Section 11 Subsection (1) amended by No. 32 of 2008, s. 5A, Applied:01 Jul 2009] [Section 11 Subsection (1) amended by No. 1 of 2011, s. 13, Applied:01 Apr 2011] determining, in consultation with the relevant racing clubs for each code of racing, a fee or series of fees for a race field information publication approval for each code of racing; and

(r) [Section 11 Subsection (1) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] developing a code of conduct to be complied with by Tasracing and its employees; and

(s) controlling race nominations, acceptances, field selections, handicapping, barrier draws and scratchings in thoroughbred racing; and

(t) negotiating with broadcast providers scheduling and revenue-sharing arrangements for the broadcast of Tasmanian racing, both nationally and internationally; and

(u) such other functions as may be conferred or imposed on it by or under this or any other Act.

(2)  [Section 11 Subsection (2) omitted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(3)  [Section 11 Subsection (3) omitted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(4)  [Section 11 Subsection (4) omitted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(5)  [Section 11 Subsection (5) omitted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(6)  [Section 11 Subsection (6) omitted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(7)  [Section 11 Subsection (7) omitted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(8)  [Section 11 Subsection (8) omitted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(9)  [Section 11 Subsection (9) omitted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(10)  [Section 11 Subsection (10) omitted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(11)  [Section 11 Subsection (11) substituted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] Tasracing must perform its functions and exercise its powers in accordance with the Rules of Racing.

(12)  [Section 11 Subsection (12) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] In the performance of its functions and exercise of its powers under this Act, Tasracing or a representative of Tasracing is to meet with the Director, racing clubs and racing industry associations at least once every 3 months and report to the Director, racing clubs and racing industry associations the outcomes of those meetings.

12.   

[Section 12 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 12 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

13.   

[Section 13 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 13 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

14.   

[Section 14 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 14 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

15.   

[Section 15 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 15 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

16.   

[Section 16 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 16 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

Division 2 - .  .  .  .  .  .  .  .  

[Division 2 of Part 3 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Division 2 of Part 3 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009]

17.   

[Section 17 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 17 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

18.   

[Section 18 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 18 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

19.   

[Section 19 Subsection (1) amended by No. 6 of 2006, s. 5, Applied:01 Aug 2006] [Section 19 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 19 Subsection (1) amended by No. 6 of 2006, s. 5, Applied:01 Aug 2006] [Section 19 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 19 Subsection (2) amended by No. 6 of 2006, s. 5, Applied:01 Aug 2006] [Section 19 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 19 Subsection (3) amended by No. 6 of 2006, s. 5, Applied:01 Aug 2006] [Section 19 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 19 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

19A.   

[Section 19A Inserted by No. 6 of 2006, s. 6, Applied:01 Aug 2006] [Section 19A Repealed by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 19A Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

19B.   

[Section 19B Inserted by No. 6 of 2006, s. 6, Applied:01 Aug 2006] [Section 19B Repealed by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 19B Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

20.   

[Section 20 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 20 Subsection (4) amended by No. 6 of 2006, s. 7, Applied:01 Aug 2006] [Section 20 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 20 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

PART 4 - .  .  .  .  .  .  .  .  

[Part 4 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Part 4 Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015]

Division 1 - .  .  .  .  .  .  .  .  

[Division 1 of Part 4 Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Division 1 of Part 4 Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015]

21.   

[Section 21 Subsection (2) amended by No. 6 of 2006, s. 8, Applied:01 Aug 2006] [Section 21 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 21 Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22.   

[Section 22 Substituted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22 Subsection (6) amended by No. 1 of 2011, s. 14, Applied:01 Apr 2011] [Section 22 Subsection (6) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 22 Subsection (6) amended by No. 1 of 2011, s. 14, Applied:01 Apr 2011] [Section 22 Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22A.   

[Section 22A Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22A Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22B.   

[Section 22B Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22B Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22C.   

[Section 22C Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22C Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

Division 2 - .  .  .  .  .  .  .  .  

[Division 2 of Part 4 Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Division 2 of Part 4 Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015]

22D.   

[Section 22D Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22D Amended by No. 32 of 2008, s. 5B, Applied:01 Jul 2009] [Section 22D Amended by No. 1 of 2011, s. 15, Applied:01 Apr 2011] [Section 22D Amended by No. 32 of 2008, s. 5B, Applied:01 Jul 2009] [Section 22D Amended by No. 1 of 2011, s. 15, Applied:01 Apr 2011] [Section 22D Amended by No. 32 of 2008, s. 5B, Applied:01 Jul 2009] [Section 22D Amended by No. 1 of 2011, s. 15, Applied:01 Apr 2011] [Section 22D Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22DA.   

[Section 22DA Inserted by No. 1 of 2011, s. 16, Applied:01 Apr 2011] [Section 22DA Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22DB.   

[Section 22DB Inserted by No. 1 of 2011, s. 16, Applied:01 Apr 2011] [Section 22DB Repealed by No. 18 of 2014, s. 5, Applied:01 Jul 2015] [Section 22DB Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22DC.   

[Section 22DC Inserted by No. 1 of 2011, s. 16, Applied:01 Apr 2011] [Section 22DC Repealed by No. 18 of 2014, s. 5, Applied:01 Jul 2015] [Section 22DC Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22E.   

[Section 22E Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22E Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22F.   

[Section 22F Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22F Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22G.   

[Section 22G Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22G Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22H.   

[Section 22H Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22H Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22I.   

[Section 22I Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22I Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

22J.   

[Section 22J Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22J Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

Division 3 - .  .  .  .  .  .  .  .  

[Division 3 of Part 4 Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Division 3 of Part 4 Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015]

22K.   

[Section 22K Inserted by No. 62 of 2008, s. 8, Applied:01 Jan 2009] [Section 22K Repealed by No. 11 of 2015, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

PART 5 - Tasmanian Racing Appeal Board

23.   Tasmanian Racing Appeal Board (TRAB)

(1)  The Tasmanian Racing Appeal Board constituted under section 25(1) of the Racing Act 1983 continues.

(2)  [Section 23 Subsection (2) amended by No. 69 of 2009, s. 5, Applied:01 Jan 2010] The TRAB consists of 6 members.

(3)  [Section 23 Subsection (3) amended by No. 69 of 2009, s. 5, Applied:01 Jan 2010] [Section 23 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] At least 3 of the members are to be Australian legal practitioners of at least 5 years' standing and one such member is to be appointed as chairperson and the other 2 such members are to be appointed as deputy chairpersons.

(4)  [Section 23 Subsection (4) amended by No. 69 of 2009, s. 5, Applied:01 Jan 2010] The members, and the chairperson and deputy chairpersons, are appointed by the Governor.

(4A)  [Section 23 Subsection (4A) inserted by No. 69 of 2009, s. 5, Applied:01 Jan 2010] Persons with experience in each code of racing are to be appointed by the Governor to attend hearings of the TRAB, when requested by TRAB, to provide advice on racing matters.

(4B)  [Section 23 Subsection (4B) inserted by No. 69 of 2009, s. 5, Applied:01 Jan 2010] The persons appointed under subsection (4A) are not members of the TRAB.

(4C)  [Section 23 Subsection (4C) inserted by No. 69 of 2009, s. 5, Applied:01 Jan 2010] The persons appointed under subsection (4A) are to be appointed for a term not exceeding 3 years and, if eligible, may be reappointed for further terms.

(5)  A member is to be appointed for a term not exceeding 3 years and, if eligible, may be reappointed for further terms.

(6)  [Section 23 Subsection (6) substituted by No. 62 of 2008, s. 9, Applied:01 Jan 2009] Schedule 3B has effect in relation to the membership of the TRAB.

(7)  A person is not eligible to be a member of the TRAB if the person is –

(a) registered as a bookmaker or a bookmaker's agent; or

(b) [Section 23 Subsection (7) amended by No. 62 of 2008, s. 9, Applied:01 Jan 2009] the trainer, owner or lessee of a horse or greyhound used for racing; or

(c) the rider or driver of a horse used for racing; or

(d) [Section 23 Subsection (7) amended by No. 1 of 2011, s. 18, Applied:01 Apr 2011] [Section 23 Subsection (7) amended by No. 11 of 2015, s. 7, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(e) [Section 23 Subsection (7) amended by No. 62 of 2008, s. 9, Applied:01 Jan 2009] [Section 23 Subsection (7) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 23 Subsection (7) amended by No. 1 of 2011, s. 18, Applied:01 Apr 2011] a director or employee of Tasracing; or

(f) [Section 23 Subsection (7) amended by No. 62 of 2008, s. 9, Applied:01 Jan 2009] [Section 23 Subsection (7) amended by No. 11 of 2015, s. 7, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(g) [Section 23 Subsection (7) amended by No. 62 of 2008, s. 9, Applied:01 Jan 2009] a member of a racing club committee; or

(h) [Section 23 Subsection (7) amended by No. 62 of 2008, s. 9, Applied:01 Jan 2009] an employee of a racing club; or

(i) [Section 23 Subsection (7) amended by No. 62 of 2008, s. 9, Applied:01 Jan 2009] a member of a racing industry association committee.

(8)  [Section 23 Subsection (8) inserted by No. 69 of 2009, s. 5, Applied:01 Jan 2010] [Section 23 Subsection (8) substituted by No. 11 of 2015, s. 7, Applied:01 Jul 2015] A member of the TRAB must not wager on a Tasmanian race meeting or with a Tasmanian registered bookmaker.

(9)  [Section 23 Subsection (9) inserted by No. 69 of 2009, s. 5, Applied:01 Jan 2010] [Section 23 Subsection (9) omitted by No. 11 of 2015, s. 7, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(10)  [Section 23 Subsection (10) inserted by No. 69 of 2009, s. 5, Applied:01 Jan 2010] [Section 23 Subsection (10) omitted by No. 11 of 2015, s. 7, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

24.   Delegation by chairperson

[Section 24 Amended by No. 69 of 2009, s. 6, Applied:01 Jan 2010] The chairperson may delegate any of the chairperson's functions or powers under this or any other Act, other than this power of delegation, to a deputy chairperson.

25.   Role of deputy chairperson

[Section 25 Substituted by No. 62 of 2008, s. 10, Applied:01 Jan 2009] [Section 25 Substituted by No. 69 of 2009, s. 7, Applied:01 Jan 2010]

(1)  A deputy chairperson assists the chairperson in the performance of the chairperson's functions.

(2)  If the chairperson is absent, a deputy chairperson nominated by the chairperson is to act as chairperson during that absence and, where so acting, may perform the functions and exercise the powers of the chairperson as fully and effectively as the chairperson.

(3)  If the office of chairperson is vacant, a deputy chairperson nominated by the Minister is to act as chairperson during the vacancy and, while so acting, may perform the functions and exercise the powers of the chairperson as fully and effectively as the chairperson.

26.   TRAB secretary

The Secretary of the Department may appoint a State Service officer or State Service employee employed in the Department to be secretary to the TRAB and that officer or employee may hold that office in conjunction with State Service employment.

27.   Consultation with racing industry

[Section 27 Repealed by No. 62 of 2008, s. 11, Applied:01 Jan 2009] [Section 27 Inserted by No. 69 of 2009, s. 8, Applied:01 Jan 2010] The chairperson and deputy chairpersons are to consult with the chairpersons of racing industry associations and racing clubs, the Director and the 3 chairmen of stewards on at least 2 occasions in a year.

28.   Persons may appeal to TRAB about certain matters

(1)  [Section 28 Subsection (1) amended by No. 6 of 2006, s. 9, Applied:01 Aug 2006] [Section 28 Subsection (1) substituted by No. 62 of 2008, s. 12, Applied:01 Jan 2009] A person may appeal to the TRAB if the person is –

(a) [Section 28 Subsection (1) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] aggrieved by the decision of Tasracing or a registered club to issue the person with a warning-off notice under section 54 ; or

(b) aggrieved by the decision of the stewards to –

(i) impose a fine on the person; or

(ii) impose a suspension or disqualification on the person or on a horse or greyhound owned, leased or trained by the person.

(2)  [Section 28 Subsection (2) substituted by No. 6 of 2006, s. 9, Applied:01 Aug 2006] However, an appeal does not lie to the TRAB in respect of a stewards' decision which alters the result of a horse race or greyhound race if the decision was made before the declaration of "correct weight" or "all clear".

(3)  [Section 28 Subsection (3) amended by No. 62 of 2008, s. 12, Applied:01 Jan 2009] [Section 28 Subsection (3) substituted by No. 69 of 2009, s. 9, Applied:01 Jan 2010] If a person has a right of appeal under this section against a decision of Tasracing or a registered club, no appeal against that decision lies to Tasracing or that club, as the case may be.

(4)  [Section 28 Subsection (4) amended by No. 62 of 2008, s. 12, Applied:01 Jan 2009] [Section 28 Subsection (4) substituted by No. 69 of 2009, s. 9, Applied:01 Jan 2010] If a person has a right of appeal under this section against a stewards' decision, no appeal against that decision lies to Tasracing or a registered club.

(5)  Subsections (3) and (4) have effect notwithstanding anything to the contrary that may be contained in –

(a) the Rules of Racing; or

(b) [Section 28 Subsection (5) amended by No. 62 of 2008, s. 12, Applied:01 Jan 2009] [Section 28 Subsection (5) amended by No. 69 of 2009, s. 9, Applied:01 Jan 2010] the constitution, rules or articles of the registered club; or

(c) [Section 28 Subsection (5) amended by No. 69 of 2009, s. 9, Applied:01 Jan 2010] the constitution of Tasracing.

28A.   Other rights of appeal to TRAB

[Section 28A Inserted by No. 11 of 2015, s. 8, Applied:01 Jul 2015]

(1)  A person may appeal to the TRAB if the person is aggrieved by a decision of the Director to –

(a) refuse to grant a licence, or approve a registration, under the Rules of Racing, of the person or a horse or greyhound owned, leased or trained by the person; or

(b) refuse to register the person as a bookmaker or bookmaker's agent; or

(c) cancel or suspend the person's registration as a bookmaker or bookmaker's agent; or

(d) [Section 28A Subsection (1) amended by No. 41 of 2016, s. 5, Applied:17 Oct 2016] refuse to endorse the person's certificate of registration as a bookmaker with an on-course telephone betting endorsement, an off-course telephone betting endorsement or an off-course function betting endorsement; or

(e) [Section 28A Subsection (1) amended by No. 41 of 2016, s. 5, Applied:17 Oct 2016] cancel or suspend the person's on-course telephone betting endorsement, off-course telephone betting endorsement or off-course function betting endorsement; or

(ea) [Section 28A Subsection (1) amended by No. 41 of 2016, s. 5, Applied:17 Oct 2016] refuse under section 75C(4)(b) to issue to the person an off-course function approval; or

(eb) [Section 28A Subsection (1) amended by No. 41 of 2016, s. 5, Applied:17 Oct 2016] cancel under section 64(1) or (2) or section 75D(1) an off-course function approval issued to the person; or

(f) refuse to register a club of which the person is a member; or

(g) cancel or suspend the registration of a club of which the person is a member; or

(h) impose conditions on the person's licence, or registration, granted or approved under the Rules of Racing; or

(i) impose conditions on the person's registration as a bookmaker or bookmaker's agent; or

(j) [Section 28A Subsection (1) amended by No. 41 of 2016, s. 5, Applied:17 Oct 2016] impose conditions on the person's on-course telephone betting endorsement, off-course telephone betting endorsement or off-course function betting endorsement; or

(ja) [Section 28A Subsection (1) amended by No. 41 of 2016, s. 5, Applied:17 Oct 2016] impose conditions on an off-course function approval; or

(k) impose conditions on the registration of a club of which the person is a member; or

(l) issue the person with a warning-off notice under section 54 ; or

(m) impose a fine on the person.

(2)  A wagering operator may appeal to the TRAB if the wagering operator is aggrieved by a decision of Tasracing to –

(a) refuse to grant approval to the wagering operator to publish Tasmanian race field information; or

(b) impose conditions, other than conditions referred to in section 54B(2)(a) and section 54B(2)(b)(i) , in respect of a race field information publication approval; or

(c) cancel a race field information publication approval; or

(d) vary the conditions, other than conditions referred to in section 54B(2)(a) and section 54B(2)(b)(i) , in respect of a race field information publication approval.

(3)  A person may also appeal to the TRAB if the person is –

(a) in dispute with a bookmaker regarding the placement, acceptance, payment, non-payment or amount of a bet; or

(b) aggrieved, as a registered bookmaker or bookmaker's agent, by the decision of a registered club to withdraw its permission for the person to engage in bookmaking on a racecourse under its control.

(4)  If a person has a right of appeal under this section against a decision of the Director, no appeal against that decision lies to the Director.

(5)  If a person has a right of appeal under this section against a decision of Tasracing or a registered club, no appeal against that decision lies to Tasracing or that club, as the case may be.

(6)  Subsections (4) and (5) have effect despite anything to the contrary that may be contained in –

(a) the Rules of Racing; or

(b) the constitution, rules or articles of the registered club; or

(c) the constitution of Tasracing.

29.   How and when should persons appeal?

(1)  An appeal is instituted by lodging a notice of appeal with the secretary.

(2)  The notice of appeal –

(a) is to be in a form approved by the TRAB; and

(b) [Section 29 Subsection (2) amended by No. 30 of 2009, s. 33, Applied:01 Jul 2009] [Section 29 Subsection (2) amended by No. 11 of 2015, s. 9, Applied:01 Jul 2015] must specify –

(i) the parties to the appeal, the relevant decision and the grounds of appeal; or

(ii) if section 28A(3)(a) applies, the parties in dispute and the nature of the dispute.

(3)  The notice of appeal must be lodged with the secretary within –

(a) [Section 29 Subsection (3) amended by No. 62 of 2008, s. 13, Applied:01 Jan 2009] in the case of a minor appeal, 7 days after the taking of the relevant decision; or

(ab) [Section 29 Subsection (3) amended by No. 62 of 2008, s. 13, Applied:01 Jan 2009] [Section 29 Subsection (3) amended by No. 11 of 2015, s. 9, Applied:01 Jul 2015] in the case of a major appeal or an appeal under section 28A(2) or section 28A(3)(b) , 14 days after the taking of the relevant decision; or

(b) [Section 29 Subsection (3) amended by No. 62 of 2008, s. 13, Applied:01 Jan 2009] [Section 29 Subsection (3) amended by No. 30 of 2009, s. 33, Applied:01 Jul 2009] if section 28(1)(a) applies, 14 days after the day on which the person is issued with the warning-off notice; or

(c) [Section 29 Subsection (3) amended by No. 62 of 2008, s. 13, Applied:01 Jan 2009] [Section 29 Subsection (3) amended by No. 11 of 2015, s. 9, Applied:01 Jul 2015] if section 28A(1) applies, 14 days after the day on which the person was issued with the warning-off notice, or the taking of the relevant decision by the Director, as the case may be; or

(d) [Section 29 Subsection (3) amended by No. 11 of 2015, s. 9, Applied:01 Jul 2015] if section 28A(3)(a) applies, 60 days after the conclusion of the event to which the disputed bet relates.

30.   Hearing of appeals

(1)  On the lodgment of an appeal, the secretary is to –

(a) [Section 30 Subsection (1) amended by No. 62 of 2008, s. 14, Applied:01 Jan 2009] request the chairperson to fix a time and place, as soon as practicable, for the hearing of the appeal; and

(b) give the parties to the appeal notice of that time and place; and

(c) [Section 30 Subsection (1) amended by No. 69 of 2009, s. 10, Applied:01 Jan 2010] give the respondent a copy of the notice of appeal; and

(d) [Section 30 Subsection (1) amended by No. 69 of 2009, s. 10, Applied:01 Jan 2010] [Section 30 Subsection (1) amended by No. 11 of 2015, s. 10, Applied:01 Jul 2015] give the parties to the appeal, as soon as practicable, a copy of the transcript, if any, of the proceedings at which the decision that is the object of the appeal was made; and

(e) [Section 30 Subsection (1) amended by No. 69 of 2009, s. 10, Applied:01 Jan 2010] [Section 30 Subsection (1) amended by No. 11 of 2015, s. 10, Applied:01 Jul 2015] in the case of an appeal under section 28(1)(b) , give the appellant, as soon as practicable, a copy of the race patrol film relating to the matter that is the object of the appeal.

(1A)  [Section 30 Subsection (1A) inserted by No. 69 of 2009, s. 10, Applied:01 Jan 2010] For the purposes of subsection (1) , the chairperson is to make every endeavour to ensure that –

(a) a minor appeal is heard within 7 days of lodgment of the appeal; and

(b) [Section 30 Subsection (1A) amended by No. 11 of 2015, s. 10, Applied:01 Jul 2015] a major appeal is heard within 21 days of the lodgment of the appeal.

(2)  [Section 30 Subsection (2) amended by No. 62 of 2008, s. 14, Applied:01 Jan 2009] Before an appeal is heard or consideration is given under section 33 to suspending the operation of a penalty, the appellant must pay the prescribed deposit, if any, to the secretary.

(3)  [Section 30 Subsection (3) amended by No. 62 of 2008, s. 14, Applied:01 Jan 2009] An appeal is not capable of being withdrawn or abandoned except by leave of the chairperson.

(4)  An application for leave to withdraw or abandon an appeal is to be –

(a) in a form approved by the TRAB; and

(b) lodged with the secretary.

(5)  At the hearing of an appeal, the TRAB may allow the appellant to amend the grounds of appeal if satisfied in the circumstances of the case that it would be just to do so.

(6)  On the hearing of an appeal, the TRAB –

(a) is to proceed with as little formality and technicality, and with as much expedition, as a proper consideration of the appeal permits; and

(ab) [Section 30 Subsection (6) amended by No. 69 of 2009, s. 10, Applied:01 Jan 2010] is to act according to equity, good conscience and the substantial merits of the case; and

(b) must observe the rules of natural justice; and

(c) may adjourn the hearing from time to time or from place to place as it thinks fit; and

(d) except as provided by this Act, may otherwise regulate its own proceedings.

(6A)  [Section 30 Subsection (6A) inserted by No. 69 of 2009, s. 10, Applied:01 Jan 2010] At any appeal proceedings the presiding member is to determine any question relating to –

(a) the jurisdiction of the TRAB; and

(b) the admissibility of evidence; and

(c) law or procedure.

(6B)  [Section 30 Subsection (6B) inserted by No. 69 of 2009, s. 10, Applied:01 Jan 2010] An appeal is to be heard and determined upon the evidence at the original hearing when the decision or finding appealed against was made, but, if the presiding member considers it to be proper, expert or other evidence may be required or admitted.

(6C)  [Section 30 Subsection (6C) inserted by No. 69 of 2009, s. 10, Applied:01 Jan 2010] The appellant may request the TRAB to admit any expert or other evidence that the appellant considers necessary.

(6D)  [Section 30 Subsection (6D) inserted by No. 69 of 2009, s. 10, Applied:01 Jan 2010] The TRAB –

(a) is to make a full and thorough investigation in open court, without regard to the forms, requirements or solemnities that might have been appropriate in legal proceedings; and

(b) may inform itself on any matter in such manner as it thinks fit, and admit any evidence considered by the presiding member to be relevant notwithstanding that that evidence would not be admissible in a court of law; and

(c) may take into account any matters relating to, or to the administration of, racing that are within the knowledge or experience of a member of the TRAB or which have arisen in or as a result of other proceedings or appeals before the TRAB.

(6E)  [Section 30 Subsection (6E) inserted by No. 69 of 2009, s. 10, Applied:01 Jan 2010] Notwithstanding subsection (6D)(a) the TRAB may hear evidence in camera.

(7)  Except as otherwise provided by this Act, Part 3 and section 33 of the Commissions of Inquiry Act 1995 apply to appeal proceedings as if the TRAB were a Commission established under section 4 of that Act and the appeal were an inquiry being conducted by that Commission under that Act.

(8)  [Section 30 Subsection (8) amended by No. 62 of 2008, s. 14, Applied:01 Jan 2009] A person, other than the appellant, who is required by the TRAB to attend the hearing of an appeal is entitled to be paid such allowances and expenses as are prescribed or, if not prescribed, as the TRAB determines.

(9)  [Section 30 Subsection (9) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] A party to an appeal may be represented by an Australian legal practitioner or any other person.

(10)  [Section 30 Subsection (10) amended by No. 69 of 2009, s. 10, Applied:01 Jan 2010] [Section 30 Subsection (10) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] The TRAB may appoint an Australian legal practitioner or other person with appropriate expertise or skills to help it conduct an appeal.

(11)  [Section 30 Subsection (11) inserted by No. 69 of 2009, s. 10, Applied:01 Jan 2010] In this section –

race patrol film means a visual recording of a horse or greyhound race used by stewards in determining a matter under the Rules of Racing.

31.   Constitution of TRAB for appeals, &c.

(1)  For the purposes of hearing an appeal, the TRAB is properly constituted by –

(a) one, 2 or 3 members for a minor appeal; and

(b) [Section 31 Subsection (1) amended by No. 11 of 2015, s. 11, Applied:01 Jul 2015] 3 or more members for a major appeal; and

(c) [Section 31 Subsection (1) amended by No. 11 of 2015, s. 11, Applied:01 Jul 2015] 3 members for an appeal under section 28A .

(2)  The chairperson is to choose the members who are to constitute the TRAB for an appeal, but –

(a) for a minor appeal, the member chosen or, if applicable, one of the members chosen must be the chairperson or deputy chairperson; and

(b) [Section 31 Subsection (2) amended by No. 69 of 2009, s. 11, Applied:01 Jan 2010] [Section 31 Subsection (2) amended by No. 11 of 2015, s. 11, Applied:01 Jul 2015] for a major appeal or an appeal under section 28A , the chairperson or a deputy chairperson is to be chosen as such a member.

(3)  The chairperson is to preside at all hearings of the TRAB at which the chairperson is present.

(4)  [Section 31 Subsection (4) substituted by No. 69 of 2009, s. 11, Applied:01 Jan 2010] If the chairperson is not present at a hearing of the TRAB, a deputy chairperson is to preside at the hearing.

(5)  The presiding member has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

(6)  If the members constituting the TRAB for any hearing do not agree on a matter, the decision of the majority is the decision of the TRAB.

(7)  [Section 31 Subsection (7) omitted by No. 62 of 2008, s. 15, Applied:01 Jan 2009] [Section 31 Subsection (7) inserted by No. 11 of 2015, s. 11, Applied:01 Jul 2015] In choosing the members who are to constitute the TRAB for an appeal by a person, the chairperson must consider all available members and give due consideration to the nature of the issues likely to be involved in the appeal and attempt, as far as practicable, to ensure that there is not a risk of a member chosen being biased or having a conflict of interest, or being perceived to be biased or to have a conflict of interest, in relation to the appeal, by virtue of having been a member of the TRAB, or the former IAB, constituted in respect of a previous appeal to the TRAB, or the former IAB, by the person.

(8)  [Section 31 Subsection (8) omitted by No. 62 of 2008, s. 15, Applied:01 Jan 2009] .  .  .  .  .  .  .  .  

32.   Protection of TRAB members, &c.

(1)  A member of the TRAB has, in that capacity, the same protection and immunity as a judge of the Supreme Court.

(2)  [Section 32 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] An Australian legal practitioner or other person who represents a party to an appeal or is engaged to help the TRAB conduct an appeal has, in that capacity, the same protection and immunity as an Australian legal practitioner appearing for a party in proceedings in the Supreme Court.

33.   Suspension of penalties pending appeals

[Section 33 Substituted by No. 69 of 2009, s. 12, Applied:01 Jan 2010]

(1)  The chairperson, on the request of the appellant, may, unconditionally or on such conditions as he or she thinks fit, suspend the operation of a penalty pending the hearing and determination of an appeal.

(2)  [Section 33 Subsection (2) amended by No. 11 of 2015, s. 12, Applied:01 Jul 2015] The chairperson must not suspend the operation of a penalty under subsection (1) in relation to a major or minor appeal if –

(a) the appeal is in relation to the penalty only; or

(b) [Section 33 Subsection (2) amended by No. 11 of 2015, s. 12, Applied:01 Jul 2015] the appeal is intended to be heard within 7 days of lodgment, unless the chairperson considers that extenuating circumstances require otherwise.

(c) [Section 33 Subsection (2) amended by No. 11 of 2015, s. 12, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(3)  [Section 33 Subsection (3) omitted by No. 11 of 2015, s. 12, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

34.   Determination of appeals

(1)  [Section 34 Subsection (1) amended by No. 62 of 2008, s. 16, Applied:01 Jan 2009] [Section 34 Subsection (1) substituted by No. 69 of 2009, s. 13, Applied:01 Jan 2010] After hearing an appeal, the TRAB –

(a) [Section 34 Subsection (1) amended by No. 11 of 2015, s. 13, Applied:01 Jul 2015] may affirm, vary or quash the decision that was the object of the appeal or, if section 28A(3)(a) applies, make the orders in settlement of the dispute that it thinks fit; or

(b) [Section 34 Subsection (1) amended by No. 11 of 2015, s. 13, Applied:01 Jul 2015] if the appeal is made under section 28(1)(b) , may, if it considers it just to do so, refer the matter to the stewards for rehearing if the TRAB is satisfied that the appellant did not engage in the conduct that prompted the making of the decision but may have engaged in some other conduct that would have justified the respondent making another decision against the appellant.

(1A)  [Section 34 Subsection (1A) inserted by No. 69 of 2009, s. 13, Applied:01 Jan 2010] After hearing an appeal, the TRAB must make an order regarding the disposal of the prescribed deposit, if any, lodged on appeal.

(1B)  [Section 34 Subsection (1B) inserted by No. 69 of 2009, s. 13, Applied:01 Jan 2010] Subject to subsection (1C) , if the decision that was the object of the appeal is affirmed or varied, the decision is to take effect immediately.

(1C)  [Section 34 Subsection (1C) inserted by No. 69 of 2009, s. 13, Applied:01 Jan 2010] If the immediate implementation of the decision referred to in subsection (1B) would have a detrimental effect in relation to the care and wellbeing of a horse or a greyhound, the TRAB may defer the implementation of the decision, or part of the decision, and any restrictions arising out of the decision or part of the decision for such period, not exceeding 5 days, as it thinks fit.

(2)  [Section 34 Subsection (2) amended by No. 69 of 2009, s. 13, Applied:01 Jan 2010] [Section 34 Subsection (2) substituted by No. 62 of 2008, s. 16, Applied:01 Jan 2009] For the purposes of subsection (1A) , the TRAB must order that –

(a) if the decision that was the object of the appeal is affirmed, an amount of not less than 50 per cent of the prescribed deposit is to be forfeited to the Secretary of the Department; or

(b) if an appeal is withdrawn or abandoned after consideration has been given under section 33 to suspending the operation of a penalty, an amount of not less than 50 per cent of the prescribed deposit is to be forfeited to the Secretary of the Department; or

(c) if an appeal is withdrawn or abandoned and no consideration has been given under section 33 to suspending the operation of a penalty, the whole of the prescribed deposit is to be refunded to the appellant; or

(d) if the decision that was the object of the appeal is varied, an amount of not less than 25 per cent of the prescribed deposit is to be forfeited to the Secretary of the Department; or

(e) [Section 34 Subsection (2) amended by No. 69 of 2009, s. 13, Applied:01 Jan 2010] if the decision that was the object of the appeal is quashed or referred to the stewards for rehearing under subsection (1)(b) , the whole of the prescribed deposit is to be refunded to the appellant.

(3)  [Section 34 Subsection (3) substituted by No. 62 of 2008, s. 16, Applied:01 Jan 2009] If the TRAB orders that an amount of more than 50 per cent of the prescribed deposit is to be forfeited to the Secretary of the Department, it is to have regard to –

(a) whether the appeal appears to the TRAB to have been made in good faith or vexatiously; and

(b) whether the grounds of appeal appear to the TRAB to have been serious or frivolous; and

(c) whether the appellant appears to the TRAB to have been seeking genuine redress or merely a delay in the implementation of the decision under appeal; and

(d) whether, in the reasonable opinion of the TRAB, the appellant pursued the appeal with due diligence or was obstructive; and

(e) such other matters as the TRAB thinks reasonable and fair in the circumstances.

(4)  [Section 34 Subsection (4) substituted by No. 62 of 2008, s. 16, Applied:01 Jan 2009] Any part of a prescribed deposit not forfeited to the Secretary of the Department is to be refunded to the appellant.

(4A)  [Section 34 Subsection (4A) inserted by No. 69 of 2009, s. 13, Applied:01 Jan 2010] If after hearing an appeal the TRAB affirms or varies the decision that was the object of the appeal, the TRAB must make an order requiring the appellant to pay to the Secretary of the Department a percentage of the cost incurred in the preparation of the transcript referred to in section 30(1)(d) .

(4B)  [Section 34 Subsection (4B) inserted by No. 69 of 2009, s. 13, Applied:01 Jan 2010] For the purposes of subsection (4A) , the TRAB must order that –

(a) if the decision that was the object of the appeal is affirmed, an amount of not less than 50 per cent of the cost referred to in that subsection is to be paid to the Secretary of the Department; or

(b) if an appeal is withdrawn or abandoned, an amount of not less than 50 per cent of the cost referred to in that subsection is to be paid to the Secretary of the Department; or

(c) if the decision that was the object of the appeal is varied, an amount of not less than 25 per cent of the cost referred to in that subsection is to be paid to the Secretary of the Department.

(4C)  [Section 34 Subsection (4C) inserted by No. 69 of 2009, s. 13, Applied:01 Jan 2010] If the TRAB orders that an amount of more than 50 per cent of the cost referred to in subsection (4A) is to be paid to the Secretary of the Department, it is to have regard to –

(a) whether the appeal appears to the TRAB to have been made in good faith or vexatiously; and

(b) whether the grounds of appeal appear to the TRAB to have been serious or frivolous; and

(c) whether the appellant appears to the TRAB to have been seeking genuine redress or merely a delay in the implementation of the decision under appeal; and

(d) whether, in the reasonable opinion of the TRAB, the appellant pursued the appeal with due diligence or was obstructive; and

(e) such other matters as the TRAB thinks reasonable and fair in the circumstances.

(5)  [Section 34 Subsection (5) amended by No. 62 of 2008, s. 16, Applied:01 Jan 2009] [Section 34 Subsection (5) omitted by No. 69 of 2009, s. 13, Applied:01 Jan 2010] [Section 34 Subsection (5) inserted by No. 11 of 2015, s. 13, Applied:01 Jul 2015] If, after hearing an appeal under section 28A(1) against a decision, the TRAB is satisfied that the appellant did not engage in the conduct that prompted the making of the decision but may have engaged in some other conduct that would have justified the respondent making another decision against the appellant, the TRAB may, if it considers it just to do so, make any decision that could have been made by the respondent in relation to the other conduct.

(5A)  [Section 34 Subsection (5A) inserted by No. 11 of 2015, s. 13, Applied:01 Jul 2015] A registered bookmaker who, following the determination of an appeal under section 28A(3)(a) , is ordered by the TRAB to pay a bet must comply with that order.

Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

(6)  The TRAB is to give the parties to an appeal notice of its determination in relation to the appeal.

(7)  A determination of the TRAB in relation to an appeal is final and, in the case of an appeal against a decision, is to be taken to be the decision of the respondent to which the determination relates.

(8)  [Section 34 Subsection (8) omitted by No. 62 of 2008, s. 16, Applied:01 Jan 2009] .  .  .  .  .  .  .  .  

34A.   

[Section 34A Inserted by No. 69 of 2009, s. 14, Applied:01 Jan 2010] [Section 34A Repealed by No. 18 of 2014, s. 6, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

PART 6 - Regulation of racing

Division 1 - Restrictions on holding race meetings

35.   What is a race meeting?

A race meeting is a meeting of people at which racing occurs and one or more of the following applies:

(a) the meeting is open to the public, whether on payment of an admission fee or on other conditions or otherwise;

(b) the person holding the meeting causes or allows images of any of the racing to be transmitted, electronically or otherwise, for display anywhere outside the venue used for the meeting;

(c) the person holding the meeting causes or allows commentary on any of the racing, or related betting information, to be broadcast by radio or other means;

(d) payment is made or demanded for a rider, driver or animal to take part in any of the racing.

36.   Who may hold race meetings?

(1)  Race meetings may be held by –

(a) persons who are authorised to do so by a permit under section 38 ; or

(b) registered clubs; or

(c) [Section 36 Subsection (1) amended by No. 62 of 2008, s. 17, Applied:01 Jan 2009] [Section 36 Subsection (1) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] Tasracing if authorised to do so under section 44 .

(2)  Except as provided by subsection (1) , a person must not hold a race meeting.

Penalty:  Fine not exceeding 50 penalty units.

37.   Where may race meetings, &c., be held?

(1)  Race meetings and betting-only meetings may only be held on registered racecourses.

(2)  A person who holds a race meeting or betting-only meeting on a racecourse other than a registered racecourse is guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units.

(3)  In this section –

registered racecourse means a racecourse specified in –

(a) a permit issued, and in force, under section 38 ; or

(b) a certificate of registration issued, and in force, under section 41 ; or

(c) an authorisation issued, and in force, under section 44 .

38.   Race meeting permits

(1)  A person may apply to the Director for a permit to hold a race meeting for or on behalf of an association or other body of persons (other than a registered club).

(2)  The application –

(a) is to be in an approved form; and

(b) must be accompanied by the prescribed fee, if any; and

(c) must be supported by such information or evidence as the Director requires.

(3)  Subject to subsection (4) , the Director may –

(a) approve the application; or

(b) refuse the application.

(4)  The Director must refuse the application if the association or other body of persons for or on whose behalf the race meeting is proposed to be held is a proprietary body.

(5)  In deciding in any other case whether to approve the application, the Director may consider such matters as he or she thinks fit, including –

(a) whether the venue for the proposed race meeting is suitable for use as a racecourse; and

(b) whether adequate first-aid and veterinary facilities will be available at the proposed race meeting; and

(c) whether any necessary local government approvals have been obtained.

(6)  If the application is refused –

(a) the Director is to give the applicant notice of the refusal, with reasons, and may refund all or any part of the application fee; but

(b) [Section 38 Subsection (6) amended by No. 62 of 2008, s. 18, Applied:01 Jan 2009] [Section 38 Subsection (6) amended by No. 11 of 2015, s. 14, Applied:01 Jul 2015] the Director's decision is not appealable to the TRAB.

(7)  If the application is approved, the Director is to –

(a) give the applicant notice of the approval; and

(b) issue the applicant with the required permit.

(8)  The permit may be issued unconditionally or on such conditions as the Director determines.

(9)  Without limiting the Director's discretion, the permit may be issued on one or more of the following conditions:

(a) that no betting take place at or in respect of the proposed race meeting;

(b) that no images of any race of the proposed race meeting be transmitted, electronically or otherwise, for display anywhere outside the venue used for the race meeting;

(c) that no commentary of any race of the race meeting be broadcast by radio or other means.

(10)  The permit is to be in an approved form but it must –

(a) specify the conditions, if any, of the permit; and

(b) specify which racecourse is to be used for the proposed race meeting.

(11)  The permit is invalidated if any racecourse other than the one specified in the permit is used for the proposed race meeting.

(12)  The permit may, by notice to the Director, be surrendered at any time but it has no surrender value.

(13)  The permit is not renewable or transferable and if any attempt is made to transfer the benefit of the permit it is taken to have been cancelled on the date of the attempted transfer.

(14)  A person issued with a permit under this section must not –

(a) contravene a condition of the permit; or

(b) cause or allow another person to contravene a condition of the permit.

Penalty:  Fine not exceeding 20 penalty units.

(15)  A person must not knowingly contravene a condition of a permit issued to another person under this section.

Penalty:  Fine not exceeding 20 penalty units.

Division 2 - Clubs and racing by clubs

39.   Provisions about clubs

(1)  If a provision of this Act confers a power or imposes an obligation on a registered club then, unless the contrary intention appears –

(a) the capacity to exercise the power or the responsibility to comply with the obligation is taken to be conferred or imposed on the club committee; and

(b) the persons who constitute the club committee at the relevant time are jointly and severally liable for exercising the power or complying with the obligation.

(2)  If a club's failure to comply with an obligation constitutes an offence against this Act, each person who is a member of the club committee at the relevant time is taken to have committed, and may be convicted of, the offence unless the person shows that –

(a) the failure of compliance occurred without the person's knowledge and the person could not reasonably have acquired the knowledge; or

(b) the person was not in a position to influence the conduct of the club in relation to the obligation; or

(c) although being in such a position of influence, the person used due diligence to try to prevent the failure of compliance.

(3)  A person who is a member of a club committee may be charged with, and convicted of, an offence pursuant to this section whether or not any other members of the committee are charged with the offence either jointly or individually, or convicted of the offence.

40.   Registration and renewal of registration

(1)  [Section 40 Subsection (1) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 40 Subsection (1) amended by No. 6 of 2006, s. 10, Applied:01 Aug 2006] [Section 40 Subsection (1) substituted by No. 62 of 2008, s. 19, Applied:01 Jan 2009] The Director may register a club on the recommendation of Tasracing.

(1A)  [Section 40 Subsection (1A) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 40 Subsection (1A) inserted by No. 62 of 2008, s. 19, Applied:01 Jan 2009] In making its recommendation, Tasracing must be satisfied that the club –

(a) is incorporated; and

(b) is not a proprietary club; and

(c) comprises not less than the prescribed number of members; and

(d) has, or is likely to have, an aggregate annual membership subscription of not less than the prescribed amount; and

(e) is, or within 12 months of lodging its application for registration is likely to be, the owner, lessee or licensee of a racecourse complying with the prescribed conditions, if any; and

(f) is in a sound financial position.

(2)  [Section 40 Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 40 Subsection (2) amended by No. 62 of 2008, s. 19, Applied:01 Jan 2009] The Director may, on the recommendation of Tasracing, renew the registration of a club if satisfied that it is still compliant with subsection (1A) .

41.   Applications for registration or renewal of registration

(1)  An application to register or renew the registration of a club –

(a) is to be in an approved form; and

(b) must be accompanied by the prescribed fee, if any; and

(c) must be supported by such information or evidence as the Director requires.

(2)  A club may apply to renew its registration even if the registration is suspended, and the Director may consider the application.

(3)  The Director may, when considering the application, call for submissions from and consult with such persons and organisations as the Director thinks fit.

(4)  After considering the application, the Director may –

(a) approve the application; or

(b) refuse the application.

(5)  If the application is refused, the Director –

(a) is to give the applicant notice of the refusal, with reasons, and the applicant's right of appeal; and

(b) may refund all or any part of the application fee.

(6)  If the application is approved, the Director is to –

(a) give the applicant notice of the approval; and

(b) register the club and issue it with a certificate of registration or, in the case of a renewal, a new certificate of registration.

(7)  The certificate of registration is to be in an approved form but it must specify which racecourse the club is to use for the purposes of holding its race meetings.

42.   Features of club registration

(1)  A club may be registered or reregistered unconditionally or on such conditions as the Director determines and specifies in its certificate of registration.

(2)  Without limiting the Director's discretion, a club may be registered on conditions to do with –

(a) the standard, safety and suitability of the racing venue used by the club; and

(b) the keeping, custody and inspection of membership and racing records; and

(c) the giving of information and returns to the Director.

(3)  Except as provided by this Division, a club's registration comes into force on the day on which it is issued with its certificate of registration and expires on the following 31 July.

(4)  A club's registration is not transferable.

(5)  A club may, by notice to the Director accompanied by its certificate of registration, surrender its registration at any time but such registration has no surrender value.

43.   Suspension and cancellation, &c., of registration

(1)  The Director may suspend a club's registration for such period as the Director thinks fit or, following an inquiry, cancel its registration if satisfied that the club has –

(a) contravened this Act; or

(b) [Section 43 Subsection (1) amended by No. 62 of 2008, s. 20, Applied:01 Jan 2009] ceased to be compliant with section 40(1A) ; or

(c) contravened a condition of its registration; or

(d) contravened a direction that the Director has given the club under this Act; or

(e) held a race meeting on a racecourse not specified in its certificate of registration; or

(f) become insolvent; or

(g) [Section 43 Subsection (1) amended by No. 62 of 2008, s. 20, Applied:01 Jan 2009] contravened section 44A .

(2)  If the Director decides to suspend a club's registration but its registration is already suspended, the Director may impose such further period of suspension as the Director thinks fit.

(3)  As soon as practicable after taking a decision under subsection (1) , the Director is to give the club notice of –

(a) the decision; and

(b) the reasons for taking the decision; and

(c) the club's right of appeal.

(4)  The decision takes effect when the club is given the notice.

(5)  A club that has its registration suspended under this section is, except for the purposes of applying for a renewal of the registration, taken not to be registered during the period of suspension.

(6)  The suspension or cancellation of a club's registration under this section does not affect any penalty that might be imposed on the club or a member of the club committee under this Act.

(7)  If a club's registration is cancelled, it must return its certificate of registration to the Director within 14 days of being given notice of the cancellation.

Penalty:  Fine not exceeding 5 penalty units.

44.   Substitute race meetings on suspension, &c., of registration

(1)  [Section 44 Subsection (1) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 44 Subsection (1) amended by No. 62 of 2008, s. 21, Applied:01 Jan 2009] If a club's registration is suspended, cancelled or surrendered, the Director may authorise Tasracing to hold a race meeting or betting-only meeting in substitution for any such meeting that the club could have otherwise held, whether allotted or not.

(2)  Any such authorisation –

(a) is to be in an approved form (but must specify which racecourse is to be used for the substitute race meeting or betting-only meeting); and

(b) has effect for such period as the Director determines and specifies in the authorisation; and

(c) may be rescinded before the expiration of that period if the Director, having regard to any changed circumstances, thinks it appropriate to do so.

(3)  For the purposes of this Act –

(a) [Section 44 Subsection (3) amended by No. 62 of 2008, s. 21, Applied:01 Jan 2009] [Section 44 Subsection (3) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] Tasracing is, in relation to a race meeting or betting-only meeting that it holds in the place of a registered club pursuant to an authorisation under subsection (1) , taken to be the club committee of the club; and

(b) [Section 44 Subsection (3) amended by No. 62 of 2008, s. 21, Applied:01 Jan 2009] [Section 44 Subsection (3) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] the records of Tasracing relating to such a meeting are taken to be the accounting records of the club.

(4)  [Section 44 Subsection (4) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 44 Subsection (4) amended by No. 62 of 2008, s. 21, Applied:01 Jan 2009] An authorisation under subsection (1) does not confer on Tasracing any right to the use or occupation of a racecourse to which it would not otherwise be entitled.

44A.   Purchase and improvement of racecourses

[Section 44A Inserted by No. 62 of 2008, s. 22, Applied:01 Jan 2009]

(1)  [Section 44A Subsection (1) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] A racing club must not, without the written approval of Tasracing –

(a) buy a racecourse; or

(b) spend, in any one racing year, in excess of the allowed limit on improving a racecourse unless the amount of the excess is met from the club's current funds exclusive of any additional borrowings relating, wholly or partly, to the carrying out of those improvements.

(2)  In subsection (1)  –

allowed limit means –

(a) $5 000; or

(b) if another amount is prescribed, that other amount.

44B.   Allotment of racing days

[Section 44B Inserted by No. 62 of 2008, s. 22, Applied:01 Jan 2009]

(1)  [Section 44B Subsection (1) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] The racing days for racing clubs on which the totalizator is to be used are to be allotted in each racing year by Tasracing after consultation with each racing club.

(2)  [Section 44B Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] Tasracing may, after consultation with the relevant racing club, specify the racing days on which certain races may be conducted.

44C.   Betting-only meetings

[Section 44C Inserted by No. 62 of 2008, s. 22, Applied:01 Jan 2009]

(1)  [Section 44C Subsection (1) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] Tasracing may authorise a racing club to hold one or more betting-only meetings in a racing year.

(2)  [Section 44C Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] The betting-only meetings for racing clubs are to be authorised and allotted by Tasracing only after it has consulted each racing club that may be affected by the authorisation.

(3)  [Section 44C Subsection (3) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] Tasracing is not to authorise a racing club to hold a betting-only meeting at a racecourse on a day on which a race meeting is scheduled to be held in the same region of the State as the region in which that racecourse is located.

(4)  In this section –

region means the northern region, north-western region or southern region.

44D.   Emergency conversion of race meetings to betting-only meetings

[Section 44D Amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 44D Inserted by No. 62 of 2008, s. 22, Applied:01 Jan 2009] Notwithstanding sections 44B and 44C , Tasracing may authorise a racing club to convert a race meeting to a betting-only meeting if and only if –

(a) the race meeting scheduled to be held by the club has been abandoned; and

(b) [Section 44D Amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] Tasracing is satisfied in the circumstances that the club had good cause for abandoning the race meeting.

45.   Club returns, &c.

(1)  The Director may direct a registered club to give the Director such periodic and special returns, and such membership lists and other information, as the Director considers necessary or convenient for the purpose of exercising or performing the Director's powers or functions under this or any other Act.

(2)  A registered club must comply with a direction under subsection (1) within such time and in such manner as is specified in the direction.

Penalty:  Fine not exceeding 25 penalty units.

46.   Accounting records, audit, &c.

(1)  A registered club must keep accounting records that correctly record and explain its transactions and financial position and must do so in a manner that –

(a) allows true and fair accounts of the club to be prepared; and

(b) allows its accounts to be conveniently and properly audited or reviewed; and

(c) complies with Australian Accounting Standards and any directions given to it by the Director.

(2)  The registered club must allow the accounting records to be inspected at any reasonable time, free of charge, by –

(a) the Director or any person who is authorised for the purpose by the Director; or

(b) any member of the club.

(3)  A person who is entitled to inspect the registered club's accounting records may make copies of, or take extracts from, all or any of those records free of charge.

(4)  [Section 46 Subsection (4) amended by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] Within 45 days after the end of each of its financial years, a registered club must –

(a) prepare, for that financial year, financial statements that include any information required by the Director; and

(b) give the Director copies of those financial statements; and

(c) [Section 46 Subsection (4) amended by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] have those financial statements, and its accounting records for the same financial year, audited as required by the Audit Act 2008 .

(5)  [Section 46 Subsection (5) amended by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] The Director may, in concurrence with the Auditor-General, direct a club to have all or any of its accounts or records audited by the Auditor-General.

47.   Winding-up of clubs

(1)  The Director may wind up a registered club if satisfied that the club has –

(a) disbanded; or

(b) ceased to hold race meetings; or

(c) failed in any 12-month period to hold a race meeting.

(2)  If the Director decides to wind up a registered club, he or she must –

(a) cause a notice (called a "winding-up notice") to be published in the Gazette declaring that the club is to be wound up; and

(b) give the club notice of the decision as soon as practicable.

(3)  A person must not, without obtaining the prior written permission of the Director –

(a) dispose of, or otherwise deal with, any of the assets of a registered club that is being wound up; or

(b) incur any liability on behalf of a registered club that is being wound up.

Penalty:  Fine not exceeding 50 penalty units.

(4)  Once a winding-up notice has been published in relation to a registered club –

(a) the Director may take possession of the club's assets and apply all or any part of those assets towards the discharge of any liabilities that the club had when the notice was published or arising in respect of any such assets; and

(b) [Section 47 Subsection (4) amended by No. 62 of 2008, s. 23, Applied:01 Jan 2009] [Section 47 Subsection (4) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] if a residue of those assets remains after discharging those liabilities, the Director is, after recouping the Director's costs in relation to the winding-up, to pay or transfer that residue to Tasracing to be held or applied for the benefit of the racing industry.

(5)  [Section 47 Subsection (5) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 47 Subsection (5) amended by No. 62 of 2008, s. 23, Applied:01 Jan 2009] If the assets of a registered club being wound up consist partly of an interest in land and it appears to the Director that the club's other assets will be sufficient to discharge its liabilities, the Director may transfer that interest in land to Tasracing free of consideration to be held or applied by Tasracing for the benefit of the racing industry.

(6)  [Section 47 Subsection (6) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 47 Subsection (6) amended by No. 62 of 2008, s. 23, Applied:01 Jan 2009] Notwithstanding subsection (5) , an interest in land that is transferred to Tasracing under that subsection is to be transferred subject to any subsisting mortgage, trust, charge or other encumbrance.

(7)  In the exercise of a power under this Part in relation to a registered club that is being wound up, the Director may –

(a) exercise, in relation to any property forming part of the assets of the club, the powers that may be exercised by the persons in whom the property is vested or by any person who, but for this section, would have had power to dispose of or otherwise deal with the property; and

(b) recover any sums due to the club or to any person on behalf of, or for the purposes of, the club, and take any legal proceedings necessary for that purpose; and

(c) sell or otherwise realise any property forming part of the assets of the club, or transfer any such property to the Director or any other person; and

(d) do such other things as may be necessary or convenient for or in connection with the exercise of the powers conferred on the Director under this section.

(8)  The Director may direct a registered club that is being wound up to do either or both of the following within such reasonable time as the Director may allow:

(a) surrender, or cause to be surrendered, to the Director all the documents in the possession of, or available to, the club or any of its members or officers, that relate to the affairs of the club;

(b) cause the club's financial statements to be prepared in compliance with Australian Accounting Standards, audited and forwarded to the Director.

(9)  If a registered club fails to comply with a direction under subsection (8) , each person whose name appears on the list of members last given to the Director under section 45 , is guilty of an offence and severally liable to a fine not exceeding 25 penalty units unless the person establishes that –

(a) the failure of compliance occurred without the person's knowledge and the person could not reasonably have acquired that knowledge; or

(b) the person was not in a position to influence the conduct of the club in relation to the direction; or

(c) although being in such a position of influence, the person used due diligence to try to prevent the failure of compliance.

(10)  Notwithstanding anything in this section, the Director may –

(a) retain any document or article that comes into the Director's possession under this section that he or she considers to be of historical interest; and

(b) deal with any such document or article in such manner as appears to the Director most appropriate for its preservation.

(11)  In this section –

(a) a reference to a registered club that is being wound up is taken to be a reference to a registered club in respect of which a winding-up notice has been published; and

(b) a reference to the assets of a registered club is taken to include a reference to any assets held on behalf, or for the purposes, of the registered club; and

(c) a reference to the liabilities of a registered club is taken to include a reference to any liabilities that may be discharged out of its assets.

(12)  A winding-up notice is not a statutory rule.

(13)  This section applies only to registered clubs that are incorporated under the Associations Incorporation Act 1964 , not to those that are incorporated under the Corporations Act.

48.   Merger of clubs

(1)  A registered club may, with the prior written permission of the Director, merge with –

(a) any other registered club; or

(b) a new club being formed, whether by the merger of 2 or more registered clubs or otherwise.

(2)  The Director must, as soon as practicable after approving a club merger, cause a notice (called a "merger notice") to be published in the Gazette –

(a) setting out particulars of the merger; and

(b) specifying the date on which the merger will take effect.

(3)  If the Director approves the merger of a club with any other club, all of the assets and liabilities of the former club are, on the date specified under subsection (2)(b) , vested in and transferred to the latter club without further assurance.

(4)  A merger notice is not a statutory rule.

(5)  In this section –

assets, of a club, include any assets held on behalf, or for the purposes, of the club;

liabilities, of a club, include any liabilities that may be discharged out of its assets.

49.   Prohibition of proprietary racing

(1)  The takings, receipts, profits or gains of a registered club, however derived, are not divisible, directly or indirectly, among the individual members of the club, or any of them.

(2)  The takings, receipts, profits or gains of a registered club are to be applied only for –

(a) the benefit of racing in this State; or

(b) with the approval of the Director, a charitable, philanthropic or special purpose.

(3)  The purpose referred to in subsection (2)(a) is taken to include –

(a) purchasing, maintaining or improving racecourses or racecourse facilities; and

(b) improving freehold property, the revenue from which is applied solely for the promotion of racing in this State; and

(c) improving the breed of horses or greyhounds in this State.

(4)  Nothing in this section prevents a registered club from –

(a) paying the principal and reasonable interest on a loan made to it by one of its members; or

(b) paying a reasonable rent for a racecourse leased by it from one of its members; or

(c) awarding advertised prizes or prize money for races held by it; or

(d) incurring reasonable expenditure for the purpose of providing entertainment for its members in common with other persons; or

(e) defraying the reasonable expenses of members who perform tasks for it.

(5)  Nothing in this section prevents a member of a registered club from receiving any payment or benefit that a club is authorised to make or award to that member under subsection (4) .

(6)  In this section –

registered club includes an association or other body of persons for or on whose behalf a person is issued with a permit under section 38 .

Division 3 - Officers and stewards

50.   Appointment, &c., of club officers

(1)  [Section 50 Subsection (1) amended by No. 62 of 2008, s. 24, Applied:01 Jan 2009] Despite any law or Rules of Racing to the contrary, the appointment or dismissal of a prescribed officer of a registered club is subject to the approval of the Director.

(2)  [Section 50 Subsection (2) amended by No. 62 of 2008, s. 24, Applied:01 Jan 2009] Where application is made to the Director to approve the appointment or dismissal of a person as a prescribed officer of a registered club, the Director, in his or her absolute discretion, may approve or refuse to approve the appointment or dismissal.

(3)  [Section 50 Subsection (3) amended by No. 62 of 2008, s. 24, Applied:01 Jan 2009] If the Director reasonably considers that a person is not a fit and proper person to remain as a prescribed officer of a registered club, the Director may direct the club to dismiss the person.

(4)  [Section 50 Subsection (4) amended by No. 62 of 2008, s. 24, Applied:01 Jan 2009] A registered club must comply with a direction under subsection (3) within such time as is specified in the direction.

(5)  [Section 50 Subsection (5) amended by No. 62 of 2008, s. 24, Applied:01 Jan 2009] No action lies against the Director or a registered club for or in respect of any damage or loss sustained or alleged to have been sustained by a person by reason of –

(a) [Section 50 Subsection (5) amended by No. 62 of 2008, s. 24, Applied:01 Jan 2009] the refusal of the Director to approve the appointment of that person as a prescribed officer of that registered club; or

(b) [Section 50 Subsection (5) amended by No. 62 of 2008, s. 24, Applied:01 Jan 2009] the person's dismissal as a prescribed officer of that registered club in accordance with this section.

(6)  [Section 50 Subsection (6) amended by No. 62 of 2008, s. 24, Applied:01 Jan 2009] A registered club may pay its officers such remuneration, invest them with such powers and assign them such functions as the club considers appropriate.

(7)  [Section 50 Subsection (7) amended by No. 62 of 2008, s. 24, Applied:01 Jan 2009] A person holding an appointment as an officer of a registered club is not subject to the State Service Act 2000 .

(8)  This section does not apply to the appointment of stipendiary stewards or their dismissal.

51.   Appointment of stewards and other racing officials

(1)  The Secretary of the Department may, in accordance with this section, appoint –

(a) stipendiary stewards to enforce the Rules of Racing of one or more codes of racing; and

(b) betting supervisors to assist the Director in supervising betting; and

(c) branding officers to conduct the branding of animals for one or more codes of racing; and

(d) handicappers to determine field selections and handicaps in harness races; and

(e) graders to determine field selections and grading in greyhound races.

(2)  [Section 51 Subsection (2) amended by No. 11 of 2015, s. 15, Applied:01 Jul 2015] [Section 51 Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 51 Subsection (2) substituted by No. 62 of 2008, s. 25, Applied:01 Jan 2009] A person is not capable of being appointed as a full-time stipendiary steward unless a panel, consisting of the chairperson of Tasracing, the Director and a person determined by the Secretary of the Department, has recommended the appointment.

(3)  [Section 51 Subsection (3) omitted by No. 62 of 2008, s. 25, Applied:01 Jan 2009] .  .  .  .  .  .  .  .  

(4)  An appointment under subsection (1) is to be on such conditions as the Secretary of the Department determines and specifies in the instrument of appointment.

(5)  A person holding an appointment under subsection (1) is not subject to the State Service Act 2000 but a State Service officer or State Service employee may hold such an appointment in conjunction with State Service employment.

(6)  A person holding an appointment under subsection (1) may only be dismissed or suspended from office by the Secretary of the Department.

(7)  [Section 51 Subsection (7) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 51 Subsection (7) amended by No. 62 of 2008, s. 25, Applied:01 Jan 2009] Despite any law or Rules of Racing to the contrary, Tasracing or a registered club is not capable of –

(a) appointing or dismissing a person as a stipendiary steward or other racing official; or

(b) authorising or requiring a person to perform, or not perform, the functions of a stipendiary steward or other racing official; or

(c) performing the functions of a stipendiary steward or other racing official in its own right.

(8)  Any purported appointment, dismissal or authorisation contrary to subsection (7)(a) or (b) is void.

(9)  Any purported performance of functions contrary to subsection (7)(c) is void.

(10)  A registered club must provide stipendiary stewards with such reasonable accommodation and facilities as will enable them to perform their functions in a secure and effective manner.

52.   Stewards may regulate betting in certain cases

If a horse or greyhound is withdrawn from a race after having been officially drawn in the field for the race, the stewards in charge of the race may decide the manner in which betting by and with bookmakers on the race is to proceed in consequence of the withdrawal.

Division 4 - Miscellaneous

53.   Effect of disqualification

(1)  A person who is disqualified under the Rules of Racing for one code of racing is, during the period of the disqualification, disqualified for all codes of racing.

(2)  In subsection (1)  –

[Section 53 Subsection (2) amended by No. 62 of 2008, s. 26, Applied:01 Jan 2009] disqualified means disqualified with or without limitation as to time by a decision of stewards.

54.   Warning-off notices

(1)  The Director may, if satisfied that there are grounds to do so, issue a person with a notice directing the person not to enter a specified racecourse, or racecourses generally, on a specified day or during a specified period.

(2)  [Section 54 Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 54 Subsection (2) amended by No. 62 of 2008, s. 27, Applied:01 Jan 2009] Tasracing or a registered club may, if satisfied that there are grounds to do so, issue a person with a notice directing the person –

(a) [Section 54 Subsection (2) amended by No. 62 of 2008, s. 27, Applied:01 Jan 2009] [Section 54 Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] not to enter, on a specified day or during a specified period, a specified racecourse under the control of Tasracing or the club; or

(b) [Section 54 Subsection (2) amended by No. 62 of 2008, s. 27, Applied:01 Jan 2009] [Section 54 Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] to leave a racecourse under the control of Tasracing or the club where a race meeting or betting-only meeting is being or is about to be held.

(3)  A notice issued under subsection (1) or (2) is called a warning-off notice.

(4)  [Section 54 Subsection (4) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 54 Subsection (4) amended by No. 62 of 2008, s. 27, Applied:01 Jan 2009] Without limiting their discretion under subsection (1) or (2) , the Director or Tasracing or the registered club has grounds for issuing a person with a warning-off notice if the Director, Tasracing or the club knows or reasonably suspects that the person –

(a) is engaging in bookmaking without being registered as a bookmaker or bookmaker's agent; or

(b) habitually engages in unauthorised betting.

(5)  A warning-off notice that directs a person to leave a racecourse must be served personally.

(6)  [Section 54 Subsection (6) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 54 Subsection (6) amended by No. 62 of 2008, s. 27, Applied:01 Jan 2009] Within 5 days after issuing a person with a warning-off notice, Tasracing or the registered club is to forward a copy of the notice to the Director.

(7)  As soon as practicable after issuing a warning-off notice, the Director is to forward a copy of it to –

(a) each club holding race meetings at the specified racecourse on or during the specified day or period; or

(b) if the notice applies to racecourses generally, every club.

(8)  A person who is issued with a warning-off notice must comply with the notice and, if the notice directs the person to leave a racecourse, the compliance must be immediate.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 30 penalty units or imprisonment for a term not exceeding one month.

(9)  A person who is issued with a warning-off notice directing the person to leave a racecourse must not, after leaving or being removed from the racecourse pursuant to the notice, enter or attempt to re-enter the racecourse on the same day.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 30 penalty units or imprisonment for a term not exceeding one month.

(10)  If a person contravenes subsection (8) or (9)  –

(a) a police officer or an employee or agent of the club that issued the notice, using such reasonable force as may be necessary, may, depending on the offence, evict the person from the racecourse or prevent the person from re-entering the racecourse; and

(b) a police officer may arrest the person without warrant.

(11)  The issuer of a warning-off notice may, by a further notice, rescind the notice at any time if satisfied that there is no reason for it to remain in force.

(12)  [Section 54 Subsection (12) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 54 Subsection (12) amended by No. 62 of 2008, s. 27, Applied:01 Jan 2009] In their application to Tasracing or the registered club, the provisions of this section –

(a) [Section 54 Subsection (12) amended by No. 62 of 2008, s. 27, Applied:01 Jan 2009] [Section 54 Subsection (12) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] extend to every racecourse that Tasracing or the club has control of at the relevant time, whether or not the racecourse is owned by Tasracing or the club or is at any other time subject to a right of public use or entry; and

(b) [Section 54 Subsection (12) amended by No. 62 of 2008, s. 27, Applied:01 Jan 2009] [Section 54 Subsection (12) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] are in addition to and not in derogation of any other powers that Tasracing or the club may have.

(13)  [Section 54 Subsection (13) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 54 Subsection (13) amended by No. 62 of 2008, s. 27, Applied:01 Jan 2009] [Section 54 Subsection (13) substituted by No. 6 of 2006, s. 11, Applied:01 Aug 2006] Nothing in this section limits the right of Tasracing or the registered club to do, by means other than a warning-off notice, either of the following:

(a) refuse its permission for a person to enter a racecourse under its control;

(b) withdraw its permission for a person to remain on a racecourse under its control.

(14)  In this section –

specified, for a warning-off notice, means specified in the notice.

PART 6A - Regulation of Publication of Race Field Information

54AA.   Interpretation – publishing of Tasmanian race field information

[Section 54AA Inserted by No. 32 of 2008, s. 5, Applied:01 Jul 2009] For the purposes of this Part, a wagering operator publishes Tasmanian race field information only if the wagering operator, whether in Australia or elsewhere –

(a) communicates any Tasmanian race field information to a person (regardless of whether the person already knew the information); or

(b) acknowledges or confirms any Tasmanian race field information to a person (including acknowledging or confirming the information by accepting, or facilitating the making of, a bet); or

(c) makes a written or electronic record (such as a betting ticket, statement of account or notice) that contains or refers to any Tasmanian race field information (regardless of whether the record is communicated to any person); or

(d) uses any Tasmanian race field information in a manner prescribed by the regulations; or

(e) causes any of the activities referred to in paragraphs (a) , (b) , (c) or (d) to occur.

54A.   Publication of Tasmanian race field information restricted

[Section 54A Inserted by No. 32 of 2008, s. 5, Applied:01 Jul 2009]

(1)  A wagering operator must not, whether in Tasmania or elsewhere, publish Tasmanian race field information unless the wagering operator –

(a) is authorised to do so by a race field information publication approval and complies with the conditions (if any) to which the approval is subject; or

(b) is authorised to do so by or under the regulations.

(2)  A wagering operator who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to –

(a) in the case of a body corporate, a fine not exceeding 500 penalty units; or

(b) in any other case –

(i) for a first offence, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both; and

(ii) for a subsequent offence, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

54AB.   Determination relating to publication of race field information

[Section 54AB Inserted by No. 18 of 2014, s. 7, Applied:01 Jul 2015]

(1)  Tasracing is to make a determination in relation to the publication of race field information.

(2)  A determination under subsection (1)  –

(a) must specify –

(i) the fee or series of fees payable in respect of a race field information publication approval; and

(ii) the period for which that fee or that series of fees are payable in respect of a race (or class of races) covered by the race field information publication approval; and

(b) is of no effect unless the Minister approves, before the determination takes effect, the fee or series of fees specified in the determination.

(3)  A fee or series of fees specified in a determination under subsection (1) may be expressed by reference to a rate, percentage, average or other calculation.

(4)  Before making a determination under subsection (1) , Tasracing is to conduct a review of the fee or series of fees payable in respect of a race field information publication approval, in consultation with the relevant racing clubs for each code of racing.

(5)  After the Minister has approved the fee or series of fees specified in a determination under subsection (1) , Tasracing is to –

(a) publish the following information on a website operated by, or on behalf of, Tasracing:

(i) the fee or series of fees so approved by the Minister;

(ii) the period specified in the determination as the period for which that fee or that series of fees are payable; and

(b) ensure that the information specified in paragraph (a)  –

(i) is published in accordance with that paragraph at least 14 days before the determination is to take effect; and

(ii) remains so published while the determination has effect.

54B.   Tasracing may grant race field information publication approvals

[Section 54B Inserted by No. 32 of 2008, s. 5, Applied:01 Jul 2009]

(1)  [Section 54B Subsection (1) substituted by No. 1 of 2011, s. 20, Applied:01 Apr 2011] A wagering operator who wishes to publish Tasmanian race field information in respect of a race (or class of races) intended to be held at any race meeting in Tasmania must apply to Tasracing for a race field information publication approval in respect of that race (or class of races).

(1A)  [Section 54B Subsection (1A) inserted by No. 1 of 2011, s. 20, Applied:01 Apr 2011] On receipt of an application under subsection (1) , Tasracing may grant a race field information publication approval to the wagering operator in respect of the race (or class of races) referred to in the application.

(2)  [Section 54B Subsection (2) amended by No. 1 of 2011, s. 5, Applied:01 Nov 2010] [Section 54B Subsection (2) substituted by No. 1 of 2011, s. 20, Applied:01 Apr 2011] In granting a race field information publication approval under subsection (1A) , Tasracing –

(a) [Section 54B Subsection (2) amended by No. 18 of 2014, s. 8, Applied:01 Jul 2015] is to impose the integrity conditions determined from time to time by the Director pursuant to section 7(2)(fd) (being conditions of a kind that are prescribed as permissable conditions by the regulations); and

(b) may impose –

(i) [Section 54B Subsection (2) amended by No. 18 of 2014, s. 8, Applied:01 Jul 2015] a condition that the approval holder pay, in the manner specified in the approval, in respect of the approval period that relates to the race (or class of races) covered by the approval, the fee or series of fees determined by Tasracing under section 54AB for the approval period; and

(ii) [Section 54B Subsection (2) amended by No. 18 of 2014, s. 8, Applied:01 Jul 2015] such other conditions as it may determine; and

(c) [Section 54B Subsection (2) amended by No. 18 of 2014, s. 8, Applied:01 Jul 2015] is to provide the approval holder with a written copy of –

(i) the integrity conditions referred to in paragraph (a) ; and

(ii) the conditions imposed under paragraph (b) in respect of the approval; and

(iii) if a requirement to pay a fee or series of fees is imposed under paragraph (b)(i)  –

(A) the fee or series of fees so payable; and

(B) the approval period that relates to the race (or class of races) covered by the approval.

(2A)  [Section 54B Subsection (2A) amended by No. 1 of 2011, s. 20, Applied:01 Apr 2011] [Section 54B Subsection (2A) inserted by No. 1 of 2011, s. 5, Applied:01 Nov 2010] [Section 54B Subsection (2A) omitted by No. 18 of 2014, s. 8, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(2B)  [Section 54B Subsection (2B) amended by No. 1 of 2011, s. 20, Applied:01 Apr 2011] [Section 54B Subsection (2B) inserted by No. 1 of 2011, s. 5, Applied:01 Nov 2010] [Section 54B Subsection (2B) omitted by No. 18 of 2014, s. 8, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(2C)  [Section 54B Subsection (2C) inserted by No. 1 of 2011, s. 5, Applied:01 Nov 2010] [Section 54B Subsection (2C) omitted by No. 18 of 2014, s. 8, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(2D)  [Section 54B Subsection (2D) amended by No. 1 of 2011, s. 20, Applied:01 Apr 2011] [Section 54B Subsection (2D) inserted by No. 1 of 2011, s. 5, Applied:01 Nov 2010] [Section 54B Subsection (2D) omitted by No. 18 of 2014, s. 8, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(2E)  [Section 54B Subsection (2E) amended by No. 1 of 2011, s. 20, Applied:01 Apr 2011] [Section 54B Subsection (2E) inserted by No. 1 of 2011, s. 5, Applied:01 Nov 2010] [Section 54B Subsection (2E) omitted by No. 18 of 2014, s. 8, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(2EA)  [Section 54B Subsection (2EA) amended by No. 1 of 2011, s. 20, Applied:01 Apr 2011] [Section 54B Subsection (2EA) inserted by No. 1 of 2011, s. 5, Applied:01 Nov 2010] [Section 54B Subsection (2EA) omitted by No. 18 of 2014, s. 8, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(2F)  [Section 54B Subsection (2F) amended by No. 1 of 2011, s. 20, Applied:01 Apr 2011] [Section 54B Subsection (2F) inserted by No. 1 of 2011, s. 5, Applied:01 Nov 2010] [Section 54B Subsection (2F) omitted by No. 18 of 2014, s. 8, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(3)  [Section 54B Subsection (3) substituted by No. 1 of 2011, s. 5, Applied:01 Nov 2010] [Section 54B Subsection (3) substituted by No. 1 of 2011, s. 20, Applied:01 Apr 2011] [Section 54B Subsection (3) substituted by No. 18 of 2014, s. 8, Applied:01 Jul 2015] In addition to the requirements of subsection (2)(c) , Tasracing is to publish a copy of the integrity conditions referred to in subsection (2)(a) on a website operated by, or on behalf of, Tasracing.

(4)  [Section 54B Subsection (4) substituted by No. 1 of 2011, s. 5, Applied:01 Nov 2010] [Section 54B Subsection (4) substituted by No. 1 of 2011, s. 20, Applied:01 Apr 2011] [Section 54B Subsection (4) omitted by No. 18 of 2014, s. 8, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(5)  [Section 54B Subsection (5) inserted by No. 1 of 2011, s. 20, Applied:01 Apr 2011] [Section 54B Subsection (5) omitted by No. 18 of 2014, s. 8, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(6)  [Section 54B Subsection (6) inserted by No. 1 of 2011, s. 20, Applied:01 Apr 2011] [Section 54B Subsection (6) omitted by No. 18 of 2014, s. 8, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(7)  [Section 54B Subsection (7) inserted by No. 1 of 2011, s. 20, Applied:01 Apr 2011] Any fee or series of fees that is payable under a race field information publication approval is a debt due to Tasracing and recoverable as such in a court of competent jurisdiction and payable to Tasracing.

(8)  [Section 54B Subsection (8) inserted by No. 1 of 2011, s. 20, Applied:01 Apr 2011] Tasracing, at any time, may, by written notice to the approval holder –

(a) cancel the race field information publication approval; or

(b) vary the conditions of the approval, other than –

(i) [Section 54B Subsection (8) amended by No. 18 of 2014, s. 8, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(ii) the integrity conditions referred to in subsection (2)(a) .

(9)  [Section 54B Subsection (9) inserted by No. 1 of 2011, s. 20, Applied:01 Apr 2011] If Tasracing cancels or varies a race field information publication approval, Tasracing must provide the approval holder with written reasons indicating why the approval was cancelled or varied (as the case may be).

(4A)  [Section 54B Subsection (4A) omitted by No. 1 of 2011, s. 5, Applied:01 Nov 2010] .  .  .  .  .  .  .  .  

(4B)  [Section 54B Subsection (4B) omitted by No. 1 of 2011, s. 5, Applied:01 Nov 2010] .  .  .  .  .  .  .  .  

54C.   Applications for race field information publication approvals

[Section 54C Inserted by No. 32 of 2008, s. 5, Applied:01 Jul 2009]

(1)  [Section 54C Subsection (1) substituted by No. 1 of 2011, s. 21, Applied:01 Apr 2011] An application for a race field information publication approval referred to in section 54B(1) must be –

(a) made in the manner and in the time determined by Tasracing from time to time; and

(b) accompanied by such information as may be required by Tasracing.

(2)  [Section 54C Subsection (2) omitted by No. 1 of 2011, s. 21, Applied:01 Apr 2011] .  .  .  .  .  .  .  .  

(3)  [Section 54C Subsection (3) omitted by No. 1 of 2011, s. 21, Applied:01 Apr 2011] .  .  .  .  .  .  .  .  

(4)  [Section 54C Subsection (4) omitted by No. 1 of 2011, s. 21, Applied:01 Apr 2011] .  .  .  .  .  .  .  .  

(5)  [Section 54C Subsection (5) amended by No. 1 of 2011, s. 21, Applied:01 Apr 2011] If Tasracing determines that a race field information publication approval should not be granted to the applicant (or should be granted subject to any condition imposed under section 54B(2)(b)(ii) ), Tasracing must provide the applicant with written reasons indicating why the application was rejected or the conditions were imposed (as the case may be).

54D.   

[Section 54D Inserted by No. 32 of 2008, s. 5, Applied:01 Jul 2009] [Section 54D Substituted by No. 1 of 2011, s. 22, Applied:01 Apr 2011] [Section 54D Repealed by No. 18 of 2014, s. 9, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

54E.   Delegation by Secretary of Department

[Section 54E Inserted by No. 32 of 2008, s. 5, Applied:01 Jul 2009] Omitted by No. 63 of 2008.

54F.   Effect of race field information publication approval limited

[Section 54F Inserted by No. 32 of 2008, s. 5, Applied:01 Jul 2009] For the avoidance of doubt, the granting of a race field information publication approval does not operate to authorise the holder of the approval to do (or omit to do) anything in relation to a race to be held at any race meeting in Tasmania other than to publish the Tasmanian race field information to which the approval relates in accordance with the terms of the approval.

PART 7 - Regulation of Bookmaking

Division 1 - Restrictions on engaging in bookmaking

55.   What is bookmaking?

A person engages in bookmaking if he or she accepts bets, and engages in activities connected with the acceptance of bets, on –

(a) contingencies relating to horse or greyhound races; or

(b) contingencies relating to approved sports events.

56.   Bookmakers must be registered

(1)  A person must not engage in bookmaking on his or her own behalf unless the person is registered as a bookmaker.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both; and

(b) a second offence, a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(c) a subsequent offence, a fine not exceeding 400 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  A person who is not registered as a bookmaker must not, by any means, induce another person to believe that the first-mentioned person is –

(a) registered as a bookmaker; or

(b) in any way authorised to engage in bookmaking on his or her own behalf in Tasmania.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

57.   Bookmakers' agents must be registered

(1)  A person must not engage in bookmaking for or on behalf of another person unless –

(a) the person engaging in the bookmaking is registered as a bookmaker's agent; and

(b) the other person is –

(i) registered as a bookmaker; and

(ii) named as the principal in the certificate of registration issued under section 58 to the person engaging in the bookmaking.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(2)  A registered bookmaker must not cause or allow another person to engage in bookmaking on the bookmaker's behalf unless –

(a) the person is registered as a bookmaker's agent; and

(b) the bookmaker is named as the person's principal in the certificate of registration issued to the person under section 58 .

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(3)  This section does not apply to a person who, by virtue of his or her employment and under direction, merely assists a bookmaker or bookmaker's agent to engage in bookmaking but does not independently accept bets.

Division 2 - Registration

58.   Applications for registration

(1)  An application to be registered as a bookmaker or bookmaker's agent –

(a) is to be in an approved form; and

(b) must be accompanied by the prescribed fee, if any; and

(c) is to be lodged with the Director; and

(d) must be supported by such information or evidence as the Director requires; and

(e) must, in the case of an application for registration as a bookmaker's agent –

(i) nominate one registered bookmaker as the applicant's principal; and

(ii) be endorsed by that registered bookmaker.

(2)  The Director may –

(a) approve the application; or

(b) refuse the application.

(3)  In deciding whether to approve the application the Director may consider such matters as he or she thinks fit, including –

(a) whether the applicant is a fit and proper person to be so registered; and

(b) whether, in the case of an application for registration as a bookmaker, the applicant has sufficient assets to carry on business as a bookmaker.

(4)  If the application is refused, the Director –

(a) is to give the applicant notice of the refusal, with reasons, and the applicant's right of appeal; and

(b) may refund all or any part of the application fee.

(5)  If the application is approved, the Director is to –

(a) give the applicant notice of the approval; and

(b) subject to section 59 , register the applicant and issue the applicant with a certificate of registration.

(6)  The certificate of registration is to be in an approved form but, in the case of registration as a bookmaker's agent, it must specify the name of the agent's principal.

59.   Security for bookmaker registration

(1)  Notwithstanding section 58 , an applicant is not entitled to be registered as a bookmaker unless he or she has given the Director a bond of indemnity, or such other form of security as the Director may approve, to secure proper observance by the applicant of the provisions of this Act.

(2)  The bond of indemnity or other form of security is to be to the value of $6 000 or, if another value is prescribed, to the prescribed value.

(3)  Without limiting the Director's discretion, the security to be given under this section may comprise any, or any combination, of the following:

(a) cash;

(b) money on fixed deposit with an authorised deposit-taking institution carrying on business in this State;

(c) a bond or guarantee, in an approved form, of a corporation or authorised deposit-taking institution approved by the Director;

(d) a State or Commonwealth government security;

(e) a prescribed security.

60.   Features of registration

(1)  A bookmaker or bookmaker's agent may be registered unconditionally or on such conditions as the Director determines and specifies in the certificate of registration issued to the bookmaker or bookmaker's agent.

(2)  Registration as a bookmaker or bookmaker's agent comes into force on the day on which the bookmaker or bookmaker's agent is issued with his or her certificate of registration and expires on the following 30 June, unless it is expressed to continue in force only until an earlier date, in which case it expires on that earlier date.

(3)  Except as provided by section 62 , registration as a bookmaker or bookmaker's agent is not transferable.

(4)  A bookmaker or bookmaker's agent may, by notice to the Director accompanied by his or her certificate of registration, surrender his or her registration at any time but such registration has no surrender value.

61.   What does registration authorise?

(1)  Registration as a bookmaker, while in force, authorises the person so registered to engage in bookmaking on a racecourse on his or her own behalf subject to –

(a) [Section 61 Subsection (1) amended by No. 1 of 2011, s. 6, Applied:01 Nov 2010] the provisions of this Part and Part 6A ; and

(b) the conditions, if any, that the Director specifies in the person's certificate of registration under section 60(1) ; and

(c) the directions, if any, that the Director gives to the bookmaker; and

(d) the regulations made and in force under this Act.

(2)  Registration as a bookmaker's agent, while in force, authorises the person so registered to engage in bookmaking on a racecourse for or on behalf of his or her principal subject to –

(a) the provisions of this Part; and

(b) the conditions, if any, that the Director specifies in the person's certificate of registration under section 60(1) ; and

(c) the directions, if any, that the Director gives to the bookmaker's agent or to his or her principal; and

(d) the regulations made and in force under this Act.

(3)  A bookmaker's agent may, with the written approval of the Director, change his or her principal but he or she is not entitled to have more than one principal at any one time.

(4)  For the purposes of this section, a bookmaker or bookmaker's agent engages in bookmaking on a racecourse if –

(a) while a lawful race meeting is being held on the racecourse, the bookmaker or bookmaker's agent accepts a bet on –

(i) a contingency relating to any racing being held on the racecourse or elsewhere; or

(ii) a contingency relating to an approved sports event; or

(b) while a lawful betting-only meeting is being held on the racecourse, the bookmaker or bookmaker's agent accepts a bet on –

(i) a contingency relating to any racing being held elsewhere; or

(ii) a contingency relating to an approved sports event; or

(c) following the abandonment of a lawful race meeting begun on the racecourse, the bookmaker or bookmaker's agent continues to accept bets on –

(i) a contingency relating to any racing being held elsewhere; or

(ii) a contingency relating to an approved sports event.

(5)  For the purposes of subsection (4)(c) , a race meeting is taken to have begun if it is not abandoned before 6 a.m. on the advertised day of the meeting.

(6)  Nothing in this section –

(a) authorises a registered bookmaker or bookmaker's agent to engage in bookmaking on a racecourse without the permission of its controlling club; or

(b) authorises the Director to direct a registered bookmaker or bookmaker's agent to engage in bookmaking on a racecourse without the permission of its controlling club; or

(c) [Section 61 Subsection (6) amended by No. 6 of 2006, s. 12, Applied:01 Aug 2006] affects the right of a registered club to withdraw its permission for a registered bookmaker or bookmaker's agent to engage in bookmaking on a racecourse under its control.

62.   Substitute certificates of registration

(1)  If the Director is satisfied that a registered bookmaker is temporarily incapable of carrying on business because of illness or some other unavoidable or reasonable cause, the Director may, in his or her absolute discretion, issue a substitute certificate of registration to a nominee of that bookmaker.

(2)  The nominee must be a registered bookmaker's agent.

(3)  A substitute certificate of registration authorises the person to whom it is issued to carry on the bookmaking business of the incapacitated bookmaker, on that bookmaker's behalf, during the period specified in the certificate.

(4)  A person to whom a substitute certificate is issued is subject to the same liability in all respects as if he or she were registered as a bookmaker.

(5)  A bookmaker is responsible for all the acts of a person who acts, or purports to act, on his or her behalf as the holder of a substitute certificate of registration.

63.   Cancellation, &c., of registration for certain convictions

(1)  [Section 63 Subsection (1) amended by No. 53 of 2013, s. 4, Applied:20 Nov 2013] [Section 63 Subsection (1) substituted by No. 1 of 2011, s. 23, Applied:01 Apr 2011] The registration of a bookmaker or bookmaker's agent is taken to have been cancelled immediately if the bookmaker or bookmaker's agent is convicted of an offence against section 67 , 69 , 70 , 92 , 93 , 94 or 95 .

(2)  If a registered bookmaker or bookmaker's agent is charged with an offence referred to in subsection (1) and the court records a conviction on the charge, the Director may, whether or not any appeal or other proceedings may be taken in relation to the matter, suspend the bookmaker's or agent's registration until the conclusion of the proceedings on the charge.

64.   Suspension or cancellation, &c., of registration for misconduct

(1)  The Director may suspend the registration of a bookmaker or bookmaker's agent for such period as the Director thinks fit or, following an inquiry, cancel the registration or impose on the bookmaker or bookmaker's agent a fine not exceeding 20 penalty units, if satisfied that the bookmaker or bookmaker's agent has –

(a) contravened this Act; or

(b) contravened another Act, being a contravention of a kind that calls into question the professional probity of the bookmaker or bookmaker's agent; or

(c) engaged in bookmaking at a time or place or in a way not authorised under this Act; or

(d) contravened a condition of his or her certificate of registration; or

(e) [Section 64 Subsection (1) amended by No. 41 of 2016, s. 6, Applied:17 Oct 2016] contravened a condition of an on-course telephone betting endorsement, an off-course telephone betting endorsement, an off-course function betting endorsement or an off-course function approval; or

(f) contravened any Rules of Racing; or

(g) defaulted in payment of any bet; or

(h) been guilty of misconduct or incompetence when engaging in bookmaking; or

(i) ignored or contravened a direction that the Director has given to that particular bookmaker or bookmaker's agent; or

(j) ignored or contravened a direction that the Director has given to bookmakers or bookmakers' agents generally.

(2)  [Section 64 Subsection (2) amended by No. 41 of 2016, s. 6, Applied:17 Oct 2016] If subsection (1)(e) applies in relation to an on-course telephone betting endorsement, an off-course telephone betting endorsement, an off-course function betting endorsement or an off-course function approval, the Director may, instead of taking action under that subsection, do either or both of the following:

(a) [Section 64 Subsection (2) amended by No. 41 of 2016, s. 6, Applied:17 Oct 2016] cancel the endorsement or approval, or both, or suspend the endorsement for such period as the Director thinks fit;

(b) impose on the bookmaker or bookmaker's agent a fine not exceeding 20 penalty units.

(3)  Notwithstanding subsections (1) and (2) , the Director's power to impose a fine under those subsections is not capable of being exercised in respect of an offence that a person has been charged with unless the charge has been withdrawn.

(4)  [Section 64 Subsection (4) amended by No. 41 of 2016, s. 6, Applied:17 Oct 2016] If, under this section, the Director decides to suspend or cancel a person's registration, suspend or cancel a person's on-course telephone betting endorsement, off-course telephone betting endorsement or off-course function betting endorsement, or an off-course function approval issued to the person, or impose a fine, the Director must give the person notice of –

(a) the decision; and

(b) the reasons for taking the decision; and

(c) the person's right of appeal.

(5)  The Director's decision takes effect when the person is given the notice.

(6)  Any fine imposed on a person under this section may be recovered from that person as a debt due to the Crown.

65.   Effect of suspension of registration

A bookmaker or bookmaker's agent whose registration has been suspended is taken, during the period of the suspension, not to be registered for any purpose.

66.   Return of cancelled certificates

A bookmaker or bookmaker's agent whose registration has been cancelled under this Part must return his or her certificate of registration to the Director within 14 days after being given notice of the cancellation.

Penalty:  Fine not exceeding 5 penalty units.

Division 3 - Business and betting

Subdivision 1 - General controls and conduct

67.   Bookmakers and their agents may only field on racecourses, &c.

(1)  [Section 67 Subsection (1) substituted by No. 41 of 2016, s. 7, Applied:17 Oct 2016] A registered bookmaker must not engage in bookmaking except in accordance with any of the following paragraphs:

(a) on a racecourse;

(b) if the bookmaker's registration is endorsed with an off-course telephone betting endorsement – at the premises specified, in accordance with section 73A(1)(a) , in the endorsement;

(c) if the bookmaker's registration is endorsed with an off-course function betting endorsement – at a function to which relates an off-course function approval issued to the bookmaker.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(1A)  [Section 67 Subsection (1A) inserted by No. 41 of 2016, s. 7, Applied:17 Oct 2016] A bookmaker's agent must not engage in bookmaking except on a racecourse.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(2)  A registered bookmaker or bookmaker's agent must not engage in bookmaking on a racecourse except on such parts of the racecourse as are set apart for the purpose by its controlling club.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

68.   

[Section 68 Repealed by No. 53 of 2013, s. 5, Applied:20 Nov 2013] .  .  .  .  .  .  .  .  

69.   Bookmakers and their agents must not engage in improper procurement

A registered bookmaker or bookmaker's agent must not procure a person to accept or place, on the bookmaker's or agent's behalf, a bet that would contravene this Act if accepted or placed by the bookmaker or bookmaker's agent personally.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

70.   Bookmakers' agents may only field if their principals field on the same day

(1)  A registered bookmaker's agent must not engage in bookmaking on any day on which his or her principal does not also engage in bookmaking.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(2)  It is a defence in proceedings under subsection (1) if the defendant establishes that, on the day of the alleged offence, the defendant's principal –

(a) attended, with the intention of engaging in bookmaking, a Tasmanian racecourse where a lawful race meeting was scheduled to be held; but

(b) was prevented from engaging in bookmaking by the postponement or abandonment of that race meeting.

71.   Restrictions on power of clubs to control or charge bookmakers

Nothing in this Act authorises a registered club to –

(a) impose conditions on registered bookmakers or bookmakers' agents who lawfully engage in bookmaking on a racecourse under its control, other than conditions as to the places or positions they may occupy and the allocation of those places between such persons; or

(b) impose, without the prior written permission of the Director, a fee or charge for allowing a registered bookmaker or bookmaker's agent to engage in lawful bookmaking on a racecourse under its control; or

(c) if such permission is given, demand or receive a fee or charge in excess of that authorised by the Director.

Subdivision 2 - Endorsements

[Subdivision 2 of Division 3 of Part 7 Heading amended by No. 41 of 2016, s. 8, Applied:17 Oct 2016]

72.   Control of telephone betting and off-course betting

(1)  [Section 72 Subsection (1) substituted by No. 41 of 2016, s. 9, Applied:17 Oct 2016] A registered bookmaker must not accept a bet from a person who is not physically present at the place where the bet is accepted and recorded unless the bet is –

(a) an on-course telephone bet in relation to the registered bookmaker; or

(b) an off-course telephone bet in relation to the registered bookmaker.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(1A)  [Section 72 Subsection (1A) inserted by No. 41 of 2016, s. 9, Applied:17 Oct 2016] For the purposes of subsection (1)(a) , a bet is an on-course telephone bet in relation to a registered bookmaker if –

(a) the registered bookmaker's certificate of registration is endorsed with an on-course telephone betting endorsement; and

(b) the registered bookmaker is on a racecourse and carrying on business as a bookmaker when the bet is accepted; and

(c) the bet is placed and accepted in accordance with the conditions of the on-course telephone betting endorsement.

(1B)  [Section 72 Subsection (1B) inserted by No. 41 of 2016, s. 9, Applied:17 Oct 2016] For the purposes of subsection (1)(b) , a bet is an off-course telephone bet in relation to a registered bookmaker if –

(a) the registered bookmaker's certificate of registration is endorsed with an off-course telephone betting endorsement; and

(b) the bookmaker is at the premises specified, in accordance with section 73A(1)(a) , in the endorsement and carrying on business as a bookmaker when the bet is accepted; and

(c) the bet is placed and accepted in accordance with the conditions of the off-course telephone betting endorsement.

(2)  [Section 72 Subsection (2) omitted by No. 41 of 2016, s. 9, Applied:17 Oct 2016] .  .  .  .  .  .  .  .  

(3)  A registered bookmaker's agent must not accept a bet from a person who is not physically present at the place where the bet is accepted and recorded.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

73.   Applications for endorsements

(1)  [Section 73 Subsection (1) substituted by No. 41 of 2016, s. 10, Applied:17 Oct 2016] A registered bookmaker may apply to the Director to have his or her certificate of registration endorsed with –

(a) an on-course telephone betting endorsement; or

(b) an off-course telephone betting endorsement; or

(c) an off-course function betting endorsement.

(2)  The application –

(a) is to be in an approved form; and

(b) must be accompanied by the prescribed fee, if any; and

(c) must be supported by such information or evidence as the Director requires.

(3)  The Director may –

(a) approve the application; or

(b) refuse the application.

(3A)  [Section 73 Subsection (3A) inserted by No. 41 of 2016, s. 10, Applied:17 Oct 2016] The Director may only approve an application from a registered bookmaker to have the bookmaker's certificate of registration endorsed with –

(a) an off-course telephone betting endorsement; or

(b) an off-course function betting endorsement –

if the registered bookmaker has been a registered bookmaker for a period of not less than 2 years before the application is made.

(4)  If the application is refused, the Director –

(a) is to give the applicant notice of the refusal, with reasons, and the applicant's right of appeal; and

(b) may refund all or any part of the application fee.

(5)  If the application is approved, the Director is to –

(a) give the applicant notice of the approval; and

(b) [Section 73 Subsection (5) amended by No. 41 of 2016, s. 10, Applied:17 Oct 2016] endorse the applicant's certificate of registration with an on-course telephone betting endorsement, an off-course telephone betting endorsement, or an off-course function betting endorsement, as specified in the application.

(6)  [Section 73 Subsection (6) amended by No. 41 of 2016, s. 10, Applied:17 Oct 2016] The on-course telephone betting endorsement, off-course telephone betting endorsement or off-course function betting endorsement is to be in an approved form.

73A.   Particular specifications on off-course telephone betting endorsements

[Section 73A Inserted by No. 41 of 2016, s. 11, Applied:17 Oct 2016]

(1)  The Director must specify in an off-course telephone betting endorsement endorsed on the certificate of registration of a registered bookmaker –

(a) the premises from which the registered bookmaker is authorised to engage in off-course telephone betting; and

(b) the days, other than a Wednesday, a Saturday or a statutory holiday within the meaning of the Statutory Holidays Act 2000 , on which the registered bookmaker is authorised to engage in off-course telephone betting.

(2)  The Director may not, in accordance with subsection (1)(b) , specify in an off-course telephone betting endorsement more than 10 days on which the registered bookmaker is authorised to engage in off-course telephone betting.

74.   Security for endorsements

(1)  [Section 74 Subsection (1) amended by No. 41 of 2016, s. 12, Applied:17 Oct 2016] Notwithstanding section 73 , a bookmaker is not entitled to have his or her certificate of registration endorsed with an on-course telephone betting endorsement, an off-course telephone betting endorsement or an off-course function betting endorsement unless he or she has given the Director a bond of indemnity, or such other form of security as the Director may approve, to secure proper observance by the bookmaker of the provisions of this Division.

(2)  The bond of indemnity or other form of security is to be to the value of $15 000 or, if another value is prescribed, to the prescribed value.

(3)  Without limiting the Director's discretion, the security to be given under this section may comprise any, or any combination, of the following:

(a) cash;

(b) money on fixed deposit with an authorised deposit-taking institution carrying on business in this State;

(c) a bond or guarantee, in an approved form, of a corporation or authorised deposit-taking institution approved by the Director;

(d) a State or Commonwealth government security;

(e) a prescribed security.

75.   Conditions of on-course telephone betting endorsements

(1)  [Section 75 Subsection (1) amended by No. 41 of 2016, s. 13, Applied:17 Oct 2016] The conditions on which a registered bookmaker may engage in on-course telephone betting under an on-course telephone betting endorsement are as determined by the Director and specified in the endorsement.

(2)  [Section 75 Subsection (2) amended by No. 41 of 2016, s. 13, Applied:17 Oct 2016] Without limiting the Director's discretion, an on-course telephone betting endorsement may include any one or more of the following conditions:

(a) that the registered bookmaker's telephone unit must be of a type approved by the Director and adapted and tested as required by the Director to ensure that outgoing calls cannot be made on the telephone unit;

(b) that the registered bookmaker must, on demand, allow a person authorised for the purpose by the Director to inspect and test a telephone unit being used by the bookmaker on a racecourse;

(ba) [Section 75 Subsection (2) amended by No. 41 of 2016, s. 13, Applied:17 Oct 2016] that the registered bookmaker must allow a person authorised by the Director to monitor, including by electronic means, any bets accepted by the bookmaker by telephone;

(c) [Section 75 Subsection (2) amended by No. 41 of 2016, s. 13, Applied:17 Oct 2016] that the registered bookmaker must pay such annual fee in respect of the reasonable costs incurred by the Director in administering, auditing and monitoring the bookmaker's on-course telephone betting endorsement as is specified in the endorsement.

75A.   Conditions of off-course telephone betting endorsement

[Section 75A Inserted by No. 41 of 2016, s. 14, Applied:17 Oct 2016]

(1)  The following are the conditions on which a registered bookmaker may engage in off-course telephone betting under an off-course telephone betting endorsement:

(a) the bookmaker must not engage in off-course telephone betting except at the premises specified, in accordance with section 73A(1)(a) , in the endorsement;

(b) there is not, on the premises specified, in accordance with section 73A(1)(a) , in the endorsement, a minor or a member of the public at any time when the registered bookmaker is engaging in off-course telephone betting;

(c) the bookmaker must not engage in off-course telephone betting except on –

(i) a Wednesday, a Saturday or a statutory holiday within the meaning of the Statutory Holidays Act 2000 ; or

(ii) another day that is specified, in accordance with section 73A(1)(b) , in the endorsement;

(d) the bookmaker must engage in bookmaking on a racecourse for at least 10 race meetings in each racing year during which the endorsement is in force;

(e) the registered bookmaker must only use a single telephone unit to conduct betting under the endorsement;

(f) the registered bookmaker's telephone unit must be of a type approved by the Director and adapted and tested as required by the Director to ensure that outgoing calls cannot be made on the telephone unit;

(g) the registered bookmaker must, on demand, allow a person authorised for the purpose by the Director to inspect and test a telephone unit being used by the bookmaker at premises specified, in accordance with section 73A(1)(a) , in the endorsement;

(h) the registered bookmaker must allow a person authorised by the Director to monitor, including by electronic means, any bets accepted by the bookmaker by telephone;

(i) the registered bookmaker must pay such annual fee, in respect of the reasonable costs incurred by the Director in administering, auditing and monitoring the endorsement, as is specified in the endorsement;

(j) any other condition determined by the Director and specified in the endorsement under subsection (2) .

(2)  The Director may determine and specify in an off-course telephone betting endorsement the conditions, not inconsistent with the conditions specified in subsection (1) , that the Director thinks fit.

75B.   Conditions of off-course function betting endorsement

[Section 75B Inserted by No. 41 of 2016, s. 14, Applied:17 Oct 2016]

(1)  The following are the conditions on which a registered bookmaker may engage in off-course function betting under an off-course function betting endorsement:

(a) the bookmaker must not engage in off-course function betting except in person at a function, in relation to a bet made with a person who is at a function, to which relates an off-course function approval issued to the registered bookmaker;

(b) at any time when the registered bookmaker is engaging in off-course function betting at a function to which relates an off-course function approval issued to the registered bookmaker –

(i) there is not on the premises at which the function is taking place a minor, other than a minor who is accompanied by a parent or guardian or a person authorised by the parent or guardian of the minor to be with the minor at the function; and

(ii) the premises must be premises to which a person may be refused entry, or from which a person may be ejected, by the occupier of the premises or an agent of the occupier of the premises;

(c) any other condition determined by the Director and specified in the endorsement under subsection (2) .

(2)  The Director may determine and specify in an off-course function betting endorsement the conditions, not inconsistent with the conditions specified in subsection (1) , that the Director thinks fit.

75C.   Off-course function approvals

[Section 75C Inserted by No. 41 of 2016, s. 14, Applied:17 Oct 2016]

(1)  A registered bookmaker whose certificate of registration is endorsed with an off-course function betting endorsement may apply to the Director for an approval of a function specified in the application.

(2)  An application for an approval –

(a) is to be in the approved form, if any; and

(b) must be accompanied by the prescribed fee, if any; and

(c) is to be lodged with the Director; and

(d) must be supported by the information or evidence that the Director requires; and

(e) must specify –

(i) the purpose of the function, or the name of the function, to which the application relates; and

(ii) the premises at which the function is to occur; and

(iii) the date on which the function is to occur; and

(iv) the hours on that date during which the function is to occur; and

(v) any other details that the Director requires.

(3)  An application for an approval of a function is to be made under subsection (1) at least 28 days before the date on which the function is to occur.

(4)  The Director, within 14 days after receiving from a registered bookmaker an application under subsection (1) in relation to a function, must –

(a) issue to the bookmaker an approval (an off-course function approval) in relation to the function; or

(b) refuse to issue an off-course function approval in relation to the function.

(5)  The Director may determine and specify in an off-course function approval the conditions that the Director thinks fit.

(6)  An off-course function approval in relation to a function is to specify –

(a) the purpose of the function or the name of the function; and

(b) the premises at which the function is to occur; and

(c) the date on which the function is to occur; and

(d) the hours on that date during which the function is to occur; and

(e) any other details as the Director thinks fit; and

(f) the conditions, if any, that the Director determines under subsection (5) .

(7)  The Director may not issue to a registered bookmaker more than 3 off-course function approvals in respect of any racing year.

(8)  The Director is to give to a registered bookmaker a copy of an off-course function approval issued to the bookmaker.

(9)  If the Director refuses to issue an off-course function approval to a registered bookmaker, the Director –

(a) is to give the bookmaker notice of the refusal, with reasons, and of the bookmaker's right of appeal; and

(b) may refund all or part of the fee that accompanied the application for the approval.

75D.   Cancellation of off-course function approval

[Section 75D Inserted by No. 41 of 2016, s. 14, Applied:17 Oct 2016]

(1)  The Director may cancel an off-course function approval issued to a registered bookmaker in relation to a function, if the Director is satisfied –

(a) that there is information in relation to the function that was not available to the Director at the time the approval was issued such that, if the Director had been aware of the information at that time, the Director would have refused to issue the approval; or

(b) that the bookmaker has contravened a condition of the off-course function approval.

(2)  If, under subsection (1) , the Director decides to cancel an off-course function approval issued to a registered bookmaker, the Director must give to the registered bookmaker notice of –

(a) the decision; and

(b) the reasons for the decision; and

(c) the registered bookmaker's right of appeal.

(3)  A decision under subsection (1) in relation to a registered bookmaker takes effect when the notice under subsection (2) is given to the bookmaker.

76.   Features of endorsements

(1)  [Section 76 Subsection (1) amended by No. 41 of 2016, s. 15, Applied:17 Oct 2016] A registered bookmaker's on-course telephone betting endorsement, off-course telephone betting endorsement or off-course function betting endorsement comes into force as soon as the endorsement is made under section 73(5)(b) and expires when the bookmaker's certificate of registration expires or is cancelled or surrendered, whichever first occurs.

(2)  [Section 76 Subsection (2) substituted by No. 41 of 2016, s. 15, Applied:17 Oct 2016] A registered bookmaker's on-course telephone betting endorsement does not authorise the bookmaker to engage in on-course telephone betting during any period when his or her registration is suspended.

(2A)  [Section 76 Subsection (2A) inserted by No. 41 of 2016, s. 15, Applied:17 Oct 2016] A registered bookmaker's off-course telephone betting endorsement does not authorise the bookmaker to engage in off-course telephone betting during any period when his or her registration is suspended.

(2B)  [Section 76 Subsection (2B) inserted by No. 41 of 2016, s. 15, Applied:17 Oct 2016] A registered bookmaker's off-course function betting endorsement does not authorise the bookmaker to engage in off-course function betting during any period when his or her registration is suspended.

(3)  [Section 76 Subsection (3) amended by No. 41 of 2016, s. 15, Applied:17 Oct 2016] An on-course telephone betting endorsement, an off-course telephone betting endorsement or an off-course function betting endorsement is not transferable.

(4)  [Section 76 Subsection (4) amended by No. 41 of 2016, s. 15, Applied:17 Oct 2016] A bookmaker whose certificate of registration is endorsed with an on-course telephone betting endorsement, an off-course telephone betting endorsement or an off-course function betting endorsement may surrender the endorsement at any time by requesting the Director to cancel the endorsement but it has no surrender value.

76A.   What does an endorsement authorise?

[Section 76A Inserted by No. 41 of 2016, s. 16, Applied:17 Oct 2016]

(1)  An on-course telephone betting endorsement, an off-course telephone betting endorsement, or an off-course function betting endorsement, while the endorsement is in force, authorises the bookmaker on whose certificate of registration the endorsement is endorsed to, on his or her own behalf, engage in on-course telephone betting, off-course telephone betting or off-course function betting, respectively, subject to –

(a) the provisions of this Part; and

(b) the conditions, if any, of the endorsement and, in the case of an off-course function betting endorsement, the conditions of an off-course function approval under which the off-course betting occurs; and

(c) the directions, if any, that the Director gives to the bookmaker; and

(d) the regulations made and in force under this Act.

(2)  An on-course telephone betting endorsement endorsed on a registered bookmaker's certificate of registration authorises, while the endorsement is in force, a bookmaker's agent to, on behalf of the bookmaker, engage in on-course telephone betting, subject to –

(a) the provisions of this Part; and

(b) the conditions, if any, of the endorsement; and

(c) the directions, if any, that the Director gives to the bookmaker's agent or the bookmaker; and

(d) the regulations made and in force under this Act.

Subdivision 3 - Betting tickets and records

77.   Bookmakers and agents must issue tickets and record bets

(1)  A registered bookmaker or bookmaker's agent must, immediately after accepting a bet –

(a) [Section 77 Subsection (1) amended by No. 41 of 2016, s. 17, Applied:17 Oct 2016] issue a betting ticket for the bet in an approved form, unless the bet is placed and accepted by telephone in accordance with the bookmaker's on-course telephone betting endorsement or off-course telephone betting endorsement; and

(b) record the bet in the record required to be kept under section 78 .

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(2)  A registered bookmaker who issues a betting ticket as required by subsection (1) must –

(a) unless the bet was placed and accepted by telephone, give the betting ticket directly to the bettor; or

(b) [Section 77 Subsection (2) amended by No. 41 of 2016, s. 17, Applied:17 Oct 2016] .  .  .  .  .  .  .  .  

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(3)  A registered bookmaker's agent who issues a betting ticket as required by subsection (1) must give the betting ticket directly to the bettor.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(4)  [Section 77 Subsection (4) amended by No. 41 of 2016, s. 17, Applied:17 Oct 2016] A registered bookmaker or bookmaker's agent must not make a written record or note of an accepted bet until the bet has been recorded as required, if at all, by subsection (1)(b) .

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 10 penalty units; and

(b) a subsequent offence, a fine not exceeding 20 penalty units.

(5)  A registered bookmaker or bookmaker's agent must not issue a betting ticket that has been previously used for another bet.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(6)  [Section 77 Subsection (6) amended by No. 41 of 2016, s. 17, Applied:17 Oct 2016] Except as may be authorised by an on-course telephone betting endorsement or an off-course telephone betting endorsement, a registered bookmaker or bookmaker's agent must not have in his or her possession, for longer than is necessary to enable it to be destroyed, a betting ticket that has been used and issued to a bettor.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

78.   Bookmakers must keep betting records

(1)  A registered bookmaker must keep, in the form and manner required by the Director, a record of all bets accepted by the bookmaker.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(2)  A bet that is accepted under section 61(4)(a)(i) on the outcome of more than one race is taken, for the purposes of a record under subsection (1) , to relate only to the club on the racecourse where the first of those races is held.

(3)  A bet that is accepted under section 61(4)(a)(ii) on the sporting contingency of more than one approved sports event is taken, for the purposes of a record under subsection (1) , to relate only to the club on the racecourse where bets are accepted on the first of those approved sports events.

(4)  If a bet is accepted in respect of a race or approved sports event that is abandoned, or if the competent authority has declared a bet off, the bet need not be included in a record under this section.

(5)  [Section 78 Subsection (5) amended by No. 41 of 2016, s. 18, Applied:17 Oct 2016] Except as may be provided by the conditions of an on-course telephone betting endorsement or an off-course telephone betting endorsement, it is not necessary to include in a record under this section the name of the person who places a bet.

79.   Bookmakers must keep books of account

(1)  A registered bookmaker must –

(a) keep, in the form and manner required by the Director, complete and proper books of account in respect of his or her bookmaking business; and

(b) enter and record in those books of account a full and accurate account of all betting transactions entered into by the bookmaker and registered agents of the bookmaker; and

(c) keep those books of account available at all times, and produce them on demand at any reasonable time for inspection by the Director or any person authorised for the purpose by the Director; and

(d) if the Director so directs, have those books of account audited within such time and in such manner as is specified in the direction.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(2)  [Section 79 Subsection (2) amended by No. 41 of 2016, s. 19, Applied:17 Oct 2016] A registered bookmaker must not –

(a) bribe or attempt to bribe; or

(b) threaten; or

(c) attempt to intimidate or influence; or

(d) hinder or obstruct or attempt to hinder or obstruct –

a person who is carrying out an inspection or audit, or conducting any monitoring, that the person is authorised to carry out under this Act in relation to the registered bookmaker's bookmaking business.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

80.   

[Section 80 Repealed by No. 1 of 2011, s. 24, Applied:01 Apr 2011] .  .  .  .  .  .  .  .  

81.   Bookmakers must give certain returns to Director

(1)  The Director may direct a registered bookmaker to give the Director such periodic and special returns in relation to the bookmaker's bookmaking business as the Director considers necessary or convenient for the purpose of exercising or performing the Director's powers or functions under this or any other Act.

(2)  A registered bookmaker must comply with a direction under subsection (1) within such time and in such manner as is specified in the direction.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

Subdivision 4 - Unclaimed winnings and commissions

82.   Unclaimed winnings and their disposal

(1)  A registered bookmaker must, as and when directed –

(a) give the Director a return of all of the money that, as at the date of the return, is owed by the bookmaker to bettors and has remained unclaimed for a period of more than one month; and

(b) at the same time, pay that money to the Director.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(2)  The Director –

(a) may, at any time in the 6-month period after the date of the return, pay any winnings that the Director is satisfied the holder of a betting ticket to which the return relates is entitled to; and

(b) [Section 82 Subsection (2) amended by No. 62 of 2008, s. 28, Applied:01 Jan 2009] [Section 82 Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 82 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] when the 6-month period expires, is to pay Tasracing (or, if the Minister so directs, into the Public Account) a sum equal to the total of the unclaimed money received from the bookmaker in conjunction with the return, less any amount paid under paragraph (a) .

(3)  After the 6-month period referred to in subsection (2) expires, the right of a person holding a betting ticket to which the return relates (or a person claiming through that person) to recover any winnings to which, but for this subsection, the betting ticket would entitle the person, is barred, and no action lies for the recovery of those winnings.

83.   Payment of commission to Director

(1)  Subject to section 85 , a registered bookmaker must, in respect of each month, pay to the Director an amount by way of commission equal to the sum of –

(a) [Section 83 Subsection (1) amended by No. 1 of 2011, s. 7, Applied:01 Nov 2010] .  .  .  .  .  .  .  .  

(b) [Section 83 Subsection (1) amended by No. 1 of 2011, s. 7, Applied:01 Nov 2010] an amount equal to 0·5% of all money paid or payable in respect of all bets, other than bets in relation to racing, placed with the bookmaker during that month in relation to amounts bet by persons betting in Australia or New Zealand; and

(c) [Section 83 Subsection (1) amended by No. 1 of 2011, s. 7, Applied:01 Nov 2010] an amount equal to 0·25% of all money paid or payable in respect of all bets, other than bets in relation to racing, placed with the bookmaker during that month in relation to amounts bet by persons betting outside Australia and New Zealand.

(2)  A registered bookmaker must pay the commission payable under subsection (1) in relation to a month not later than 7 days after the end of that month.

(3)  The omission of a bet that should have been included in a record under section 78 or a return under section 81 does not relieve the registered bookmaker of liability to pay commission in respect of that bet.

(4)  If a registered bookmaker fails to pay the whole or any part of the commission that the bookmaker is required to pay under this section, the amount of the unpaid commission may be recovered from the bookmaker as a debt due to the Crown.

(5)  For the avoidance of doubt, a reference in this section to the bets placed with a registered bookmaker is taken to include the bets, if any, placed with registered agents of the bookmaker.

84.   Payment of commission to clubs

Within 7 days after receiving a payment of commission under section 83(1) , the Director is to pay the commission to each registered club in respect of all bets placed –

(a) [Section 84 Amended by No. 1 of 2011, s. 8, Applied:01 Nov 2010] .  .  .  .  .  .  .  .  

(b) [Section 84 Amended by No. 1 of 2011, s. 8, Applied:01 Nov 2010] .  .  .  .  .  .  .  .  

(c) at any race meeting or betting-only meeting held by that club in relation to an approved sports event.

85.   Set-off for GST

(1)  [Section 85 Subsection (1) amended by No. 1 of 2011, s. 9, Applied:01 Nov 2010] In any month, a registered bookmaker may set off against the commission payable under section 83 any GST paid during the relevant month arising in respect of all bets referred to in section 83(1)(b) and (c) accepted by the bookmaker.

(2)  [Section 85 Subsection (2) amended by No. 1 of 2011, s. 9, Applied:01 Nov 2010] If, in any month, the amount of GST paid in respect of the bets referred to in section 83(1)(b) and (c) accepted by the registered bookmaker exceeds the amount of commission payable under section 83 in respect of those bets, that excess may be set off in any subsequent month in the same financial year against the commission payable under that section.

(3)  The amount of any credit given to a registered bookmaker for GST paid in a financial year is limited to the commission payable under section 83 for the financial year.

(4)  Within 21 days after the end of a financial year, a registered bookmaker must give the Director a return stating –

(a) the amount of commission payable under section 83 in respect of bets accepted by the bookmaker for that financial year; and

(b) the amount of GST paid by the bookmaker in that financial year in respect of those bets; and

(c) the amount of credit given for the amount of commission payable under section 83 in respect of bets accepted in that financial year.

(5)  Subject to subsection (3)  –

(a) if the amount of GST paid in respect of bets accepted by a registered bookmaker for a financial year exceeds the amount of credit given in respect of those bets for that financial year, the difference between those amounts is to be credited to the bookmaker at the time of the next payment of commission required under this Act; and

(b) if the amount of GST paid in respect of bets accepted by a registered bookmaker for a financial year is less than the amount of credit given in respect of those bets for that financial year, the difference between those amounts is to be paid by the bookmaker at the time of the next payment of commission required under this Act.

(6)  The provisions of the Taxation Administration Act 1997 apply to this section and, for that purpose, this section is taken to be a taxation law within the meaning of that Act.

(7)  For the avoidance of doubt, a reference in this section to the bets accepted by a registered bookmaker is taken to include the bets, if any, accepted by registered agents of the bookmaker.

(8)  In this section –

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

PART 8 - Offences

86.   Authorised and unauthorised betting, &c.

(1)  Except as otherwise provided by this Act, it is lawful for a person to engage in authorised betting and the placement or acceptance of an authorised bet does not, in itself, constitute an offence.

(2)  For the purposes of this Act, authorised betting is –

(a) betting conducted in person by or with a registered bookmaker or bookmaker's agent who is engaging in bookmaking on a racecourse in accordance with Part 7 ; or

(b) [Section 86 Subsection (2) amended by No. 41 of 2016, s. 20, Applied:17 Oct 2016] on-course telephone betting conducted in accordance with the requirements of Subdivision 2 of Division 3 of Part 7 that apply to on-course telephone betting, by or with a registered bookmaker whose certificate of registration is endorsed with an on-course telephone betting endorsement; or

(ba) [Section 86 Subsection (2) amended by No. 41 of 2016, s. 20, Applied:17 Oct 2016] off-course telephone betting conducted in accordance with the requirements of Subdivision 2 of Division 3 of Part 7 that apply to off-course telephone betting, by or with a registered bookmaker whose certificate of registration is endorsed with an off-course telephone betting endorsement; or

(bb) [Section 86 Subsection (2) amended by No. 41 of 2016, s. 20, Applied:17 Oct 2016] off-course function betting conducted in accordance with the requirements of Subdivision 2 of Division 3 of Part 7 that apply to off-course function betting, by or with a registered bookmaker whose certificate of registration is endorsed with an off-course function betting endorsement and who is conducting betting at a function to which an off-course function approval issued to the bookmaker relates; or

(c) betting in a totalizator conducted by or on behalf of a registered club at a race meeting or betting-only meeting under its control; or

(d) such other kind of betting as may be prescribed.

(3)  Any betting that is not authorised betting by virtue of subsection (2) is, for the purposes of this Act, unauthorised betting.

87.   Offences by bettors

(1)  [Section 87 Subsection (1) substituted by No. 41 of 2016, s. 21, Applied:17 Oct 2016] A person who places a bet with a registered bookmaker must not, with intent to evade the provisions of this Act, fail to demand or obtain from the bookmaker, or from a bookmaker's agent who is registered in relation to the bookmaker, a betting ticket for the bet, unless the bet is placed and accepted by telephone in accordance with an off-course telephone betting endorsement or an on-course telephone betting endorsement.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 30 penalty units.

(2)  A person must not place a bet with a registered bookmaker or bookmaker's agent if the person knows that –

(a) the bookmaker or bookmaker's agent is not authorised under this Act to engage in bookmaking at the time when and place where the bet is placed; or

(b) the way in which the bet is being accepted is contrary to the way in which the bookmaker or bookmaker's agent is authorised to engage in bookmaking under this Act.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 30 penalty units.

(3)  In any proceedings for an offence under this section, the defendant is taken to have the intent required to constitute the offence if –

(a) it is proved that the defendant habitually attends race meetings or bets with bookmakers; and

(b) the defendant is unable to show that his or her conduct was due to accident or excusable inadvertence.

88.   Betting with and by minors

(1)  A registered bookmaker or bookmaker's agent must not accept, or offer to accept, a bet from a minor.

Penalty:  Fine not exceeding 25 penalty units.

(2)  A person must not –

(a) place, or offer to place, a bet with a bookmaker for or on behalf of a minor; or

(b) cause or allow a minor to place a bet with a bookmaker; or

(c) by actions or words, however conveyed, invite or encourage a minor to –

(i) place a bet with a bookmaker; or

(ii) enter into or take a share or an interest in a betting transaction involving a bookmaker; or

(iii) seek information or advice for the purpose of placing a bet with a bookmaker.

Penalty:  Fine not exceeding 25 penalty units.

(3)  It is a defence in proceedings for an offence against subsection (1) or (2) for the defendant to establish that, at the relevant time, he or she reasonably believed that the person in relation to whom the offence was allegedly committed was not a minor.

(4)  A minor must not –

(a) place a bet with a bookmaker; or

(b) cause or allow another person to place a bet with a bookmaker for or on behalf of the minor.

Penalty:  Fine not exceeding –

(a) 2 penalty units if the minor has not attained the age of 15 years; or

(b) 5 penalty units if the minor has attained the age of 15 or 16 years; or

(c) 10 penalty units if the minor has attained the age of 17 years.

(5)  A police officer or steward who reasonably believes that a person is a minor who has been betting with a bookmaker may demand that the person deliver up all of the betting tickets in the person's possession.

(6)  A person must comply with a demand under subsection (5) forthwith.

Penalty:  Fine not exceeding 10 penalty units.

(7)  A minor who, by the production of documents or other means, falsely represents to any person that he or she is not a minor in order to engage in betting activities, or to induce others to engage in betting activities for or on behalf of that minor, is guilty of an offence.

Penalty:  Fine not exceeding –

(a) 2 penalty units if the minor has not attained the age of 15 years; or

(b) 5 penalty units if the minor has attained the age of 15 or 16 years; or

(c) 10 penalty units if the minor has attained the age of 17 years.

89.   Betting with unregistered bookmakers

(1)  A person must not place a bet with another person who is engaging in bookmaking if that other person is not registered as a bookmaker or bookmaker's agent.

Penalty:  Fine not exceeding 25 penalty units.

(2)  It is a defence in proceedings for an offence under subsection (1) if the defendant establishes –

(a) that, at the relevant time, the defendant reasonably believed that the person in respect of whom the offence is alleged to have been committed was registered as a bookmaker or bookmaker's agent; or

(b) that the transaction to which the charge relates was conducted pursuant to an agreement with another person to place a bet with a registered bookmaker lawfully engaged in bookmaking, or in a totalizator being lawfully conducted by a registered club, and that neither the defendant nor the other person was to receive any fee, commission or reward for placing the bet.

90.   Clubs must not allow unregistered persons to field

A registered club must not allow a person to engage in bookmaking at a race meeting or betting-only meeting held by the club or under its control if the person is not registered as a bookmaker or bookmaker's agent.

Penalty:  Fine not exceeding 25 penalty units.

91.   

[Section 91 Repealed by No. 53 of 2013, s. 6, Applied:20 Nov 2013] .  .  .  .  .  .  .  .  

92.   Betting in public places

(1)  Except as authorised by this Act, a person must not, either personally or by means of an agent –

(a) bet in a public place; or

(b) frequent, loiter in, use or be in a public place for the purpose of betting.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both; and

(b) a second offence, a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(c) a subsequent offence, a fine not exceeding 400 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  It is a defence in proceedings for an offence under subsection (1)(a) if the defendant establishes that –

(a) the transaction to which the charge relates was conducted pursuant to an agreement with another person to place a bet with a registered bookmaker lawfully engaged in bookmaking, or in a totalizator being lawfully conducted by a registered club; and

(b) neither the defendant nor the other person was to receive any fee, commission or reward for placing the bet.

93.   Unlawful betting-places

(1)  A person must not –

(a) open, keep or use an unlawful betting-place; or

(b) allow any place occupied by that person to be opened, kept or used as an unlawful betting-place; or

(c) assist in conducting the business of an unlawful betting-place; or

(d) publish or disseminate, by any means, betting information in respect of an unlawful betting-place; or

(e) advertise, by any means, an unlawful betting-place; or

(f) invite, by any means, a person to attend or contact an unlawful betting-place for the purposes of betting; or

(g) receive at an unlawful betting-place money or things of value as deposits, security or consideration in connection with betting; or

(h) place or accept a bet, by any means, with or from any person at an unlawful betting-place; or

(i) cause or allow another person to do a thing referred to in paragraph (a) , (b) , (c) , (d) , (e) , (f) , (g) or (h) .

Penalty:  Fine not exceeding 35 penalty units or imprisonment for a term not exceeding 6 months.

(2)  In this section –

unlawful betting-place means –

(a) a place at or from which unauthorised betting takes place; or

(b) a place at which activities connected with unauthorised betting take place.

94.   False or misleading statements

A person must not, in giving any information under this Act –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter from a statement knowing that without that matter the statement is false or misleading.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 30 penalty units.

95.   Bribery of stewards and other racing officials, &c.

(1)  A person must not –

(a) bribe or attempt to bribe; or

(b) threaten; or

(c) attempt to intimidate or influence; or

(d) hinder or obstruct or attempt to hinder or obstruct –

a racing official in the performance of the racing official's functions.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding one month, or both; and

(b) a subsequent offence, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both.

(2)  A racing official must not –

(a) accept a bribe; or

(b) collude with any person in the performance of the racing official's functions.

Penalty:  Fine not exceeding 50 penalty units.

PART 9 - Enforcement

96.   Authorised persons and police officers have right to enter racecourses

(1)  A person who is authorised in writing for the purpose by the Director is, on production of that authorisation, entitled to enter a racecourse free of charge at any time and to remain on the racecourse.

(2)  A person must not prevent another person from exercising a right that the other person is entitled to exercise by virtue of an authorisation under subsection (1) .

Penalty:  Fine not exceeding 10 penalty units.

(3)  A police officer acting in the course of his or her duty is entitled to enter a racecourse free of charge at any time and to remain on the racecourse.

97.   Power of police and stewards to require personal information

(1)  A police officer or steward who reasonably believes that a person has committed, is committing or is about to commit an offence against this Act may require the person to state his or her name and address.

(2)  A person who is required to state his or her name and address under subsection (1) must not –

(a) refuse or fail to comply with the requirement; or

(b) state a false name or address.

Penalty:  Fine not exceeding 25 penalty units.

(3)  A police officer who requires a person to state his or her name and address under subsection (1) may arrest the person without warrant if –

(a) the person refuses or fails to comply with the requirement; or

(b) the police officer reasonably believes that the name or address stated by the person is false.

98.   Power of police to arrest, &c., in public places

(1)  A police officer who reasonably believes that a person is or has recently been engaging in unauthorised betting in a public place, or is in a public place for the purpose of engaging in unauthorised betting in that public place, may –

(a) arrest the person without warrant; and

(b) search the person following the arrest; and

(c) retain any money, document or other thing found on or in the care, charge or control of the person at the time of arrest or search that, in the reasonable opinion of the police officer, constitutes evidence of the unauthorised betting.

(2)  Any money, document or other thing retained on the arrest or search of a person under this section may be used in evidence in any proceedings that may be taken against the person for an offence alleged to have been committed by the person at, or immediately before, the time of arrest.

99.   Self-incrimination

A person, other than the defendant, who is called or examined as a witness in any proceedings in respect of an offence against this Act is not excused from answering a question or producing a document on the ground that the answer or document might tend to incriminate the person or render the person liable to a penalty.

100.   Forfeiture and disposal of things, &c., used for unauthorised betting

(1)  A court that convicts a person of an offence against this Act may, in addition to any other penalty it may impose, order that any money, document or other thing seized by a police officer in connection with the offence is forfeited to the Crown.

(2)  [Section 100 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] Any money forfeited to the Crown under this section is to be paid into the Public Account and any document or other thing so forfeited is to be disposed of as the Minister thinks fit.

101.   Vicarious liability of bookmakers

(1)  If a registered bookmaker's agent or other person acting or purportedly acting for or on behalf of a registered bookmaker commits an act that would constitute an offence against this Act if committed by the bookmaker –

(a) the bookmaker is taken to have also committed the act; and

(b) the bookmaker may be charged with and convicted of the offence unless the bookmaker proves that the act was committed without his or her knowledge or consent.

(2)  Subsection (1) has effect whether or not the registered bookmaker's agent or other person acting or purportedly acting for the registered bookmaker is charged with or convicted of the offence.

102.   Evidentiary provisions

(1)  In any proceedings for an offence against this Act, proof that at a particular time a place was opened, kept or used for the purpose of unauthorised betting is evidence that it was so opened, kept or used with the permission of its occupier.

(2)  In any proceedings for an offence against this Act, an allegation in the complaint that at a particular time –

(a) a person was or was not registered as a bookmaker or bookmaker's agent; or

(b) a club was or was not registered as a club; or

(c) a place was a public place within the meaning of this Act; or

(d) a particular person is or was the occupier of a place mentioned in the complaint; or

(e) the defendant had or had not attained a specified age –

is evidence of that fact.

(3)  In any proceedings for an offence against this Act, an allegation in the complaint that on a particular day –

(a) a race meeting took place, or was appointed to take place, at a specified place; or

(b) a horse or greyhound, known by any specified name, competed in, or had been entered to compete in, a race at a race meeting –

is evidence of that fact.

103.   Unauthorised betting agreements, &c., are void

(1)  Subject to subsection (2)  –

(a) all agreements, whether by parole or in writing, by way of betting are void; and

(b) all claims for money lent or advanced for the purpose of betting are void; and

(c) no action is to be brought or allowed by or in favour of any person in any court for recovering a sum of money or valuable thing that is alleged to have been won on a bet or deposited with a person to abide the event on which a bet is made.

(2)  This section does not apply to authorised betting or betting that is lawful by virtue of any other Act.

104.   Proceedings

Despite the Justices Act 1959 , proceedings in respect of an offence against this Act may be commenced at any time within 2 years after the cause of complaint arises.

104A.   Infringement notices

[Section 104A Inserted by No. 41 of 2016, s. 22, Applied:17 Oct 2016]

(1)  In this section –

infringement offence means an offence against this Act or the regulations that is prescribed by the regulations to be an infringement offence.

(2)  The Director may issue and serve an infringement notice on a person if he or she reasonably believes that the person has committed an infringement offence.

(3)  An infringement notice may not be served on an individual who has not attained the age of 18 years.

(4)  An infringement notice –

(a) is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 ; and

(b) is not to relate to more than 3 offences.

(5)  The regulations –

(a) may prescribe, for infringement offences, the penalties payable under infringement notices; and

(b) may prescribe different penalties for bodies corporate and individuals.

(6)  The penalty prescribed for an infringement offence is not to exceed 20% of the maximum penalty that could be imposed on an individual by a court in respect of the offence.

PART 10 - Miscellaneous

105.   Replacement certificates of registration

(1)  The Director may issue a registered club, a registered bookmaker or a registered bookmaker's agent with a replacement certificate of registration at any time if the Director is satisfied that –

(a) the original certificate has been lost, stolen, destroyed or damaged; or

(b) the particulars on the original certificate have changed; or

(c) there are other reasonable grounds to do so.

(2)  Without limiting the generality of subsection (1) , the Director may issue a replacement certificate of registration to a bookmaker's agent who changes his or her principal.

(3)  The Director, in his or her discretion, may charge a fee to recover the reasonable costs of issuing the replacement certificate.

106.   Protection for racing administrators and officials

(1)  The Director or a racing official is not personally liable for any act done or purported or omitted to be done by the Director or racing official in good faith in the exercise or performance of the Director's or racing official's powers or functions under this or any other Act.

(2)  [Section 106 Subsection (2) amended by No. 62 of 2008, s. 29, Applied:01 Jan 2009] [Section 106 Subsection (2) omitted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(3)  A liability that would, but for this section, attach to the Director or a racing official attaches to the Crown.

(4)  [Section 106 Subsection (4) amended by No. 62 of 2008, s. 29, Applied:01 Jan 2009] [Section 106 Subsection (4) omitted by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .  

(5)  [Section 106 Subsection (5) omitted by No. 62 of 2008, s. 29, Applied:01 Jan 2009] .  .  .  .  .  .  .  .  

107.   Conduct of inquiries

(1)  Schedule 4 has effect in relation to the holding of an inquiry.

(2)  Except as otherwise provided by this Act, Part 3 and section 33 of the Commissions of Inquiry Act 1995 apply to inquiry proceedings as if the Director were a Commission established under section 4 of that Act and the inquiry being conducted by the Director were an inquiry being conducted by that Commission under that Act.

107A.   Director may require attendance at inquiry by stewards under Rules of Racing

[Section 107A Inserted by No. 41 of 2016, s. 23, Applied:17 Oct 2016]

(1)  The Director may, by summons to a person, require the person to –

(a) produce documents, specified in the summons, for the purposes of an inquiry conducted by stewards under the Rules of Racing; or

(b) appear to give evidence at a hearing being conducted, or to be conducted, in relation to an inquiry conducted by stewards under the Rules of Racing –

if the Director is of the opinion, on reasonable grounds, that the production of the document, or the giving of the evidence, as the case may be, is necessary or desirable for the purposes of the inquiry, or in relation to the matter in respect of which the inquiry by stewards is being conducted.

(2)  A person served with a summons to produce any document or appear before an inquiry conducted by stewards under the Rules of Racing must not, without reasonable excuse –

(a) fail to produce the document or attend as required by the summons; or

(b) fail to appear from time to time in the course of the inquiry by stewards as required by the Director.

Penalty:  Fine not exceeding 20 penalty units.

108.   Service of notices

(1)  For the purposes of this Act, an application, direction or other document may be lodged with, served on or given to a person by –

(a) in the case of an individual –

(i) handing it to the person; or

(ii) leaving it at, or sending it by post to, the person's postal or residential address or place or address of business or employment last known to the person seeking to lodge, serve or give the document; or

(iii) faxing it to the person's facsimile number; or

(iv) emailing it to the person's email address; and

(b) in the case of any other person –

(i) leaving it at, or sending it by post to, the person's principal or registered office or one of the person's places of business; or

(ii) faxing it to the person's facsimile number; or

(iii) emailing it to the person's email address.

(2)  For the purposes of this Act, a document is taken to have been lodged with, served on or given to a club or any other body of persons if the document is lodged with, served on or given to –

(a) the club or body; or

(b) the secretary of the club or body.

(3)  A document that is sent to a person by post is not taken to have been lodged with, served on or given to the person until the time when it would have been delivered in the ordinary course of post.

109.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Without limiting the generality of subsection (1) , regulations may be made under that subsection for or in relation to all or any of the following matters:

(a) further procedural or other requirements in connection with registrations and applications;

(b) the control and enforcement and, if relevant, the disbursement of bonds of indemnity or other forms of security given in respect of any matter;

(c) the business arrangements and conduct of bookmakers and bookmakers' agents;

(d) the control and regulation of betting by and with bookmakers, including, but not limited to, the following:

(i) betting tickets and betting sheets;

(ii) the laying and displaying of odds;

(iii) winning, losing, void and disputed bets;

(iv) types of bets and the conditions applicable to each type of bet;

(v) the settlement of bets;

(e) [Section 109 Subsection (2) amended by No. 41 of 2016, s. 24, Applied:17 Oct 2016] the control and regulation of on-course telephone betting endorsements, off-course telephone betting endorsements or off-course function betting endorsements and the issue of off-course function approvals;

(f) the keeping of records and accounts on any matter by clubs or bookmakers or other persons, and the consequences of the loss or destruction of such records or accounts;

(g) the provision, to the Director, of information or returns on any matter by clubs or bookmakers or other persons involved in the racing industry;

(h) [Section 109 Subsection (2) amended by No. 32 of 2008, s. 6, Applied:01 Jul 2009] stipendiary stewards and other racing officials, including their functions and the nature and enforcement of their powers;

(i) [Section 109 Subsection (2) amended by No. 32 of 2008, s. 6, Applied:01 Jul 2009] [Section 109 Subsection (2) amended by No. 1 of 2011, s. 25, Applied:01 Apr 2011] the regulation of the publication of Tasmanian race field information by wagering operators, including, but not limited to, the integrity conditions in respect of race field information publication approvals.

(3)  The regulations may –

(a) be made so as to apply differently according to such factors as are specified in the regulations; and

(b) authorise any matter to be from time to time determined, applied or regulated by the Director; and

(c) [Section 109 Subsection (3) amended by No. 62 of 2008, s. 30, Applied:01 Jan 2009] [Section 109 Subsection (3) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] authorise any matter relating to the functions or powers of Tasracing to be determined, applied or regulated by Tasracing; and

(d) [Section 109 Subsection (3) amended by No. 62 of 2008, s. 30, Applied:01 Jan 2009] [Section 109 Subsection (3) amended by No. 11 of 2015, s. 16, Applied:01 Jul 2015] .  .  .  .  .  .  .  .  

(e) authorise any matter relating to the functions or powers of the TRAB to be determined, applied or regulated by the TRAB or its chairperson.

(4)  The regulations may –

(a) provide that a contravention of any of the regulations is an offence; and

(b) provide, in relation to any such offence, for the imposition of a fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

(5)  Without limiting the application of subsection (3) , regulations of the kind referred to in subsection (2)(d) may –

(a) authorise any matter in respect of betting on contingencies relating to horse or greyhound races to be determined by stewards or other racing officials, or in accordance with the Rules of Racing; and

(b) authorise any matter in respect of betting on contingencies relating to approved sports events to be determined in accordance with the Sports Betting Rules; and

(c) contain notes and examples; and

(d) stipulate that such notes and examples, or any of them, form or do not form part of the regulations.

109A.   Further amendment of regulations not prevented

[Section 109A Inserted by No. 1 of 2011, s. 26, Applied:01 Apr 2011] If an Act amending this Act also amends a provision of any regulations made under this Act, the amendment of the provision of the regulations does not prevent that provision or any other provision of the regulations from being amended or rescinded by a subsequent regulation.

110.   Sports Betting Rules

(1)  The Director may make rules, called Sports Betting Rules, for the purpose of further controlling and regulating betting by and with registered bookmakers on contingencies relating to approved sports events.

(2)  The Director, after complying with any enactment applying to their publication, may publish the Sports Betting Rules in such ways as the Director thinks fit, having regard to their purpose and likely users.

(3)  The Sports Betting Rules –

(a) may be made so as to apply differently according to such factors as are specified in the rules; and

(b) may authorise any matter to be from time to time determined by betting supervisors or other racing officials or by reference to the decisions of sports officials; and

(c) may be named for the particular approved sports events in respect of which they are made; and

(d) may contain notes and examples; and

(e) may stipulate that such notes and examples, or any of them, form or do not form part of the rules.

(4)  The Sports Betting Rules are not to contain provisions that –

(a) provide for a contravention of the rules to be an offence; or

(b) are repugnant to regulations made under this Act.

(5)  The Sports Betting Rules are not –

(a) statutory rules; or

(b) subject to section 47(3)(c) , (10) or (11) of the Acts Interpretation Act 1931 ; or

(c) instruments of a legislative character for the purposes of the Subordinate Legislation Act 1992 .

(6)  All courts, judges and persons acting judicially are to –

(a) take judicial notice of the Sports Betting Rules as amended from time to time; and

(b) admit as evidence a copy of those rules, as amended from time to time, if the copy is certified as a true copy by the Director.

111.   Rules of Racing

(1)  Rules of Racing are not –

(a) statutory rules; or

(b) instruments of a legislative character for the purposes of the Subordinate Legislation Act 1992 ; or

(c) subject to section 47(3) , (3A) , (10) or (11) of the Acts Interpretation Act 1931 .

(2)  Rules of Racing may –

(a) be made so as to apply differently according to such factors as are specified in the rules; and

(b) [Section 111 Subsection (2) amended by No. 62 of 2008, s. 31, Applied:01 Jan 2009] [Section 111 Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 111 Subsection (2) amended by No. 11 of 2015, s. 17, Applied:01 Jul 2015] authorise any matter to be from time to time determined by Tasracing, the TRAB, a racing club, steward or other person or body specified in the rules; and

(c) provide that a contravention of any of the rules is an offence; and

(d) provide, in relation to the commission of any such offence, for any, or any combination of, the following:

(i) the imposition on the offender of a fine not exceeding 750 penalty units;

(ii) disqualification of the offender;

(iii) disqualification of the horse or greyhound in respect of which the offence was committed;

(iv) the suspension of any registration or licence held under the rules by the offender;

(v) the suspension of any registration held under the rules by the horse or greyhound in respect of which the offence was committed.

(3)  Fines payable under any Rules of Racing are payable to the Director and, if not paid, may be recovered as a debt due to the Crown.

(4)  [Section 111 Subsection (4) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 111 Subsection (4) amended by No. 62 of 2008, s. 31, Applied:01 Jan 2009] Tasracing –

(a) must publish any new Rules of Racing as soon as practicable after making those rules; and

(b) must publish particulars of any amendment or rescission of the Rules of Racing as soon as practicable after making that amendment or effecting that rescission; and

(c) may publish the Rules of Racing from time to time in consolidated form.

(5)  [Section 111 Subsection (5) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 111 Subsection (5) amended by No. 62 of 2008, s. 31, Applied:01 Jan 2009] For the purposes of subsection (4) , publication may be effected by such means as Tasracing sees fit but publication by electronic means alone is not sufficient.

(6)  [Section 111 Subsection (6) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 111 Subsection (6) amended by No. 62 of 2008, s. 31, Applied:01 Jan 2009] Tasracing may charge a person a fee to recover the cost of providing a person with a consolidated copy of the Rules of Racing.

(7)  A court or person acting judicially is to –

(a) take judicial notice of the Rules of Racing as amended from time to time; and

(b) [Section 111 Subsection (7) amended by No. 62 of 2008, s. 31, Applied:01 Jan 2009] [Section 111 Subsection (7) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] admit as evidence a copy of the Rules of Racing as amended from time to time, if the copy is certified by the chairperson of Tasracing.

(8)  [Section 111 Subsection (8) omitted by No. 62 of 2008, s. 31, Applied:01 Jan 2009] .  .  .  .  .  .  .  .  

112.   Termination of membership of Boards consequent on Racing Regulation Amendment (Board Amalgamation) Act 2015

[Section 112 Subsection (1) amended by No. 6 of 2006, s. 13, Applied:01 Aug 2006] [Section 112 Repealed by No. 62 of 2008, s. 32, Applied:01 Jan 2009] [Section 112 Inserted by No. 11 of 2015, s. 18, Applied:01 Jul 2015]

(1)  Despite the provisions of Schedule 3A as in force immediately before the commencement of the Racing Regulation Amendment (Board Amalgamation) Act 2015, on the commencement of that Act the appointment, as a member of the former IAB, of each person who is a member of the former IAB immediately before that commencement, is revoked.

(2)  Despite clause 5(4) of Schedule 3B , on the commencement of the Racing Regulation Amendment (Board Amalgamation) Act 2015 the appointment, as a member of the TRAB, of each person who is a member of the TRAB immediately before that commencement, is revoked.

(3)  A person is not entitled to any compensation or payment in respect of the revocation of his or her appointment as a member of the former IAB or the TRAB.

(4)  Nothing in this section is to be taken to prevent the appointment, or re-appointment, of a person as a member of the TRAB.

112A.   Transitional and savings provisions consequent on Racing Regulation Amendment (Board Amalgamation) Act 2015

[Section 112A Inserted by No. 11 of 2015, s. 18, Applied:01 Jul 2015]

(1)  In this section –

commencement day means the day on which the Racing Regulation Amendment (Board Amalgamation) Act 2015 commences;

repealed Part means Part 4 of this Act as in force immediately before the commencement day;

right means any right, power, privilege or immunity whether actual, contingent or prospective.

(2)  A determination of an appeal that is made to the former IAB under section 22D, 22DA, 22E(a), or 22E (b), of the repealed Part and that is made by the former IAB before the commencement day is to be taken to be a determination of the appeal by the TRAB.

(3)  If an appeal is made to the former IAB under section 22D, 22DA, 22E(a), or 22E(b), of the repealed Part but is not withdrawn or abandoned, or determined by the former IAB, before the commencement day –

(a) the appeal is to be taken to be an appeal to the TRAB under section 28A(1) , section 28A(2) , section 28A(3)(a) or section 28A(3)(b) respectively; and

(b) if a hearing has been held in relation to the appeal by the former IAB before the commencement day, the matter is to be re-heard by the TRAB as if the matter had not been heard by the former IAB.

(4)  If an appeal could have been, but was not, made to the former IAB under section 22D, 22DA, 22E(a), or 22E(b), of the repealed Part before the commencement day, the appeal may be made to the TRAB under section 28A(1) , section 28A(2) , section 28A(3)(a) or section 28A(3)(b) , respectively, within the period allowed under this Act for such an appeal, calculated from the day on which the decision to which the appeal relates was made.

(5)  An act (including the imposition of an order), matter or thing done or omitted to be done by, or done or suffered in relation to, the former IAB before the commencement day has, on and after that day, the same force and effect as if it had been done or omitted to be done by, or done or suffered in relation to, the TRAB.

(6)  A document issued or made by the former IAB, or served on or by, or provided to or by, the former IAB, is taken to have been issued or made by, or served on or by, or provided to or by, the TRAB.

(7)  A legal proceeding instituted against the former IAB and pending immediately before the commencement day may, on and after that day, be continued against the TRAB.

(8)  A legal proceeding that could have been instituted against the former IAB to enforce a right that had accrued, or was in existence, immediately before the commencement day may, on and after that day, be instituted against the TRAB.

(9)  A judgment or order of a court obtained by or against the former IAB before the commencement day may, on and after that day, be enforced by or against the TRAB.

(10)  The Governor may make regulations of a savings or transitional nature consequent on the enactment of the Racing Regulation Amendment (Board Amalgamation) Act 2015.

(11)  Regulations made under this section may –

(a) take effect on the commencement day or a later day as specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and

(b) be made so as to apply differently according to the matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and

(c) authorise any matter to be from time to time determined, applied or regulated by the Minister or the Director.

112B.   Transitional and savings provisions consequent on Racing Regulation Amendment (Bookmaker Betting and Miscellaneous Provisions) Act 2016

[Section 112B Inserted by No. 41 of 2016, s. 25, Applied:17 Oct 2016] A telephone betting endorsement that is endorsed on a bookmaker's certificate of registration and is in force immediately before the day on which the Racing Regulation Amendment (Bookmaker Betting and Miscellaneous Provisions) Act 2016 commences is to be taken, on and after that day, to be an on-course telephone betting endorsement endorsed on the certificate of registration, but may be cancelled or suspended under this Act.

113.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Racing; and

(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.

SCHEDULE 1

[Schedule 1 Substituted by No. 62 of 2008, s. 33, Applied:01 Jan 2009] [Schedule 1 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009]

SCHEDULE 2

[Schedule 2 Substituted by No. 62 of 2008, s. 33, Applied:01 Jan 2009] [Schedule 2 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009]

SCHEDULE 3

[Schedule 3 Amended by No. 6 of 2006, s. 14, Applied:01 Aug 2006] [Schedule 3 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Schedule 3 Substituted by No. 62 of 2008, s. 33, Applied:01 Jan 2009] [Schedule 3 Repealed by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009]

SCHEDULE 3A

[Schedule 3A Inserted by No. 62 of 2008, s. 33, Applied:01 Jan 2009] [Schedule 3A Amended by No. 1 of 2011, s. 27, Applied:01 Apr 2011] [Schedule 3A Repealed by No. 11 of 2015, s. 19, Applied:01 Jul 2015]

SCHEDULE 3B - Further provisions relating to membership of TRAB

[Schedule 3B Inserted by No. 62 of 2008, s. 33, Applied:01 Jan 2009]

Section 23(6)

1.   Interpretation

In this Schedule –

member means a member of the TRAB;

State servant means a State Service officer or State Service employee.

2.   Holding other office

The holder of an office who is required by the terms of his or her employment to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

3.   State servants may be members

(1) The State Service Act 2000 does not apply in relation to a member in his or her capacity as a member.

(2) A State servant may hold the office of a member in conjunction with State Service employment.

4.   Remuneration of members and conditions of appointment

(1) A member is entitled to be paid such remuneration and allowances as the Governor may from time to time determine.

(2) A member who is a State servant is not entitled to receive remuneration or allowances under this clause, except with the approval of the Minister administering the State Service Act 2000 .

(3) A member holds office on such conditions in relation to matters not provided for by this Act as are specified in the member's instrument of appointment.

5.   Vacation of office

(1) A member vacates office if he or she –

(a) dies before the end of the term for which he or she has been appointed; or

(b) resigns by notice given to the Governor; or

(c) is removed from office under subclause (2) or (3) .

(2) The Governor may remove a member from office if the member –

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(b) under this Act, ceases to be eligible to hold the office; or

(c) fails to disclose a personal interest as required by clause 6(1) ; or

(d) is convicted, in Tasmania or elsewhere, of a crime or offence punishable by imprisonment or by a fine of 300 or more penalty units; or

(e) [Schedule 3B Amended by No. 1 of 2011, s. 28, Applied:01 Apr 2011] is convicted of an offence against this Act or the Gaming Control Act 1993 ; or

(f) ceases to hold a practising certificate, within the meaning of the Legal Profession Act 2007 , or has his or her name removed from the roll of local lawyers kept by the Supreme Court.

(3) The Governor may remove a member from office if satisfied that the member is unable to perform the duties of the office adequately or competently.

(4) A member must not be removed from office otherwise than in accordance with this clause.

6.   Disclosure of interest

(1) A member of the TRAB who has a direct or indirect interest in a matter being considered, or about to be considered, by the TRAB must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest prior to the hearing before the TRAB to which the direct or indirect interest relates.

Penalty:  Fine not exceeding 50 penalty units or a term of imprisonment not exceeding 3 months, or both.

(2) A member who discloses an interest under subclause (1) must not, unless the chairperson determines otherwise –

(a) be present during any deliberations of the TRAB in relation to the matter; or

(b) take part in any decision of the TRAB in relation to the matter.

7.   Filling of vacancies

If the office of a member of the TRAB becomes vacant, otherwise than by the expiration of the term for which the member was appointed, the Governor may appoint a person to the vacant office for the remainder of the member’s term of office.

8.   Validity of proceedings, &c.

(1) An act or proceeding of the TRAB or of a person acting under a direction of the TRAB is not invalidated by reason only that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the TRAB.

(2) All acts and proceedings of the TRAB or of a person acting under a direction of the TRAB are, despite the subsequent discovery of a defect in the appointment of a member or that any other person was disqualified from acting as, or incapable of being, a member, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the TRAB had been fully constituted.

9.   Presumptions

In any proceedings by or against the TRAB, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the TRAB; or

(b) any resolution of the TRAB; or

(c) the appointment of any member of the TRAB.

SCHEDULE 4 - Conduct of Inquiries

Section 107(1)

1.   General procedure

In conducting an inquiry, the Director –

(a) is to proceed with as little formality and technicality, and with as much expedition, as a proper consideration of the matter permits; and

(b) must observe the rules of natural justice; and

(c) may proceed with and determine the inquiry notwithstanding the absence of a person who has been required to appear; and

(d) may adjourn the inquiry from time to time or from place to place as he or she thinks fit; and

(e) may publish the findings of the inquiry as he or she thinks fit; and

(f) except as provided by this Act, may otherwise regulate his or her own proceedings.

2.   Representation

(1) [Schedule 4 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] A natural person is entitled to be represented in an inquiry by an Australian legal practitioner or any other person.

(2) [Schedule 4 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] A corporation, club, association or other body of persons is entitled to be represented in an inquiry by an Australian legal practitioner or any other person.

(3) [Schedule 4 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] The Director may engage an Australian legal practitioner or other person to help the Director hold an inquiry.

(4) [Schedule 4 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] An Australian legal practitioner or other person who represents a party to an inquiry or is engaged to help the Director hold an inquiry has, in that capacity, the same protection and immunity as an Australian legal practitioner appearing for a party in proceedings in the Supreme Court.

3.   Evidentiary provision

Section 102 has the same application to inquiry proceedings as it has to proceedings on the hearing of a charge for an offence against this Act.