Racing (Tasracing Pty Ltd) (Transitional and Consequential Provisions) Act 2009
An Act to provide for the transfer of property, rights, liabilities and employees to Tasracing Pty Ltd as the universal successor of the Tasmanian Racing Board and to consequentially amend certain Acts
[Royal Assent 24 June 2009]
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
This Act may be cited as the Racing (Tasracing Pty Ltd) (Transitional and Consequential Provisions) Act 2009 .
This Act commences immediately after the commencement of the Racing (Tasracing Pty Ltd) Act 2009 .
PART 2 - Savings and Transitional
(1) In this Part –asset has the same meaning as in the Racing (Tasracing Pty Ltd) Act 2009 ;Board has the same meaning as in the Racing (Tasracing Pty Ltd) Act 2009 ;Company has the same meaning as in the Racing (Tasracing Pty Ltd) Act 2009 ;director means a director of the Company;incorporation day means the day on which the Company is incorporated;liability has the same meaning as in the Racing (Tasracing Pty Ltd) Act 2009 ;right has the same meaning as in the Racing (Tasracing Pty Ltd) Act 2009 ;TRB has the same meaning as in the Racing (Tasracing Pty Ltd) Act 2009 .(2) Unless the contrary intention appears, an expression used in this Act has the same meaning as it has in the Racing Regulation Act 2004 .
4. Vesting of assets, rights, liabilities, &c., in the Company
(1) On and after the incorporation day, the following provisions have effect:(a) the assets of the TRB vest in the Company by virtue of this section and without the need for any further transfer, assignment or assurance;(b) the rights or liabilities of the TRB become by virtue of this section the rights or liabilities of the Company;(c) legal or other proceedings commenced by or against the TRB before, and pending on, the incorporation day, or that are taken by virtue of section 15(1) of the Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008 to be proceedings pending by or against the TRB, may be continued by or, as the case may be, against the Company;(d) a judgment or order of a court obtained in those proceedings whether by or against the TRB, or that may be enforced by virtue of section 15(1) of the Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008 by or against the TRB, may be enforced by or, as the case may be, against the Company;(e) legal or other proceedings which could have been commenced by or against the TRB before, and pending on, the incorporation day, or that may be commenced by virtue of section 15(1) of the Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008 by or against the TRB, may be commenced by or against the Company;(f) a document addressed to, and purporting to be served on, the TRB relating to those proceedings, or that is taken by virtue of section 15(1) of the Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008 to have been served on the TRB, is taken to be served on the Company;(g) a reference to the TRB in any Act, in any instrument made under any Act, in any contract (other than a contract of employment), agreement, arrangement or undertaking or in any document of any kind, or that is taken by virtue of section 15(1) of the Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008 to be, or include, a reference to the TRB, is taken to be, or include, a reference to the Company.(2) The operation of this section is not to be regarded –(a) as a breach of contract or confidence or otherwise as a civil wrong; or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities; or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or(d) as an event of default under any contract or other instrument.(3) State tax is not payable in respect of any document prepared to give effect to subsection (1) .(4) In this section –State tax means application or registration fees, stamp duty or any other tax, duty, fee or charge imposed by any Act or law of Tasmania.
5. Powers of Company in respect of matters arising under this Act
(1) This section applies to –(a) debts, money, claims, securities and charges relating to assets that vest in the Company under this Act; and(b) liabilities that become liabilities of the Company under this Act.(2) On and after the incorporation day, the Company may –(a) in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies, for the recovery of debts, money and claims to which this section applies that are payable to, or recoverable by, the TRB and for the prosecution of proceedings relating to any such debts, money or claims, as the TRB might have pursued but for the enactment of this Act; and(b) enforce and realise any security or charge to which this section applies and which was in existence immediately before the incorporation day in favour of the TRB, and exercise any powers conferred under the security or charge on the TRB as if it were a security or charge in favour of the Company.
6. Existing staff of TRB to be transferred
(1) On the incorporation day, the employment of all employees of the TRB is terminated and they become employees of the Company.(2) On the incorporation day, the Company becomes the employer of each employee of the TRB.(3) An employee of the TRB –(a) is taken to have been employed by the Company on the same terms and conditions, including remuneration, as the employee was receiving immediately before the incorporation day; and(b) retains all existing and accrued rights relating to leave as if service as an employee of the Company were a continuation of his or her service as an employee of the TRB; and(c) may claim those rights against the Company.(4) The period of service of an employee of the TRB is taken to be service as an employee of the Company.(5) Nothing in subsection (1) or (2) prevents any of the terms or conditions of employment of an employee of the TRB being altered by an award, industrial agreement or any other law having effect after the incorporation day.(6) If the Long Service Leave (State Employees) Act 1994 applied to an employee of the TRB immediately before the incorporation day, that Act continues to apply to that employee unless –(a) he or she gives written notice to the Company that he or she elects that that Act not apply; or(b) an award or industrial agreement provides otherwise.(7) The termination of an employee's employment under subsection (1) is not to be regarded as a cessation of employment for superannuation purposes.(8) Nothing in this section entitles an employee of the TRB whose employment is terminated and who becomes an employee of the Company by virtue of subsection (1) to any payment or compensation in respect of that termination of employment.
(1) The Company is to make adequate provision to meet any liability it may have under the Retirement Benefits Act 1993 to pay pension and other benefits in respect of employees who by virtue of section 6 become employees of the Company.(2) Nothing in this Act affects the superannuation entitlements of a person referred to in subsection (1) that were in existence immediately before the incorporation day.
8. Rules of Racing, policies and guidelines
(1) The Rules of Racing, policies and guidelines of the TRB that were in force for a code of racing under the Racing Regulation Act 2004 immediately before the incorporation day continue in force as the Rules of Racing, policies and guidelines of the Company for that code of racing on and after the incorporation day.(2) On or after the incorporation day, the Rules of Racing, policies and guidelines of the TRB so continued in force may at any time be amended, rescinded or rescinded and replaced by new Rules of Racing, policies and guidelines of the Company, in accordance with the Racing Regulation Act 2004 as in force on and after the incorporation day.
Any notice issued by or on behalf of the TRB under section 54 of the Racing Regulation Act 2004 , or that is taken by virtue of section 23 of the Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008 to have been issued by the TRB, that was still in force immediately before the incorporation day continues in force on and after that day, according to its terms, as a warning-off notice issued by the Company.
10. Acts, &c., done by or to TRB
All acts, matters and things that before the incorporation day –have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Company.(a) were done or omitted to be done by, or done in relation to, the TRB; or(b) had, by virtue of section 24 of the Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008 , the same force and effect as if they had been done or omitted to be done by, or done in relation to, the TRB –
(1) The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act or the Racing (Tasracing Pty Ltd) Act 2009 .(2) Without limiting the generality of subsection (1) , regulations made under this section may supplement any of the provisions of this Act.(3) Regulations made under this section may –(a) take effect on the incorporation 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 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, Company or Director.
PART 3 - Miscellaneous
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.
See Schedule 1 .
SCHEDULE 1 - Consequential AmendmentsThe amendments effected by Section 13 and this Schedule have been incorporated into authorised versions of the following Acts:
(a) Gaming Control Act 1993 ;(b) Racing (Tasracing Pty Ltd) Act 2009 ;(c) Racing Regulation Act 2004 ;(d) TOTE Tasmania (Racing Regulation) Act 2004 ;(e) TOTE Tasmania Act 2000 ;(f) Workers Rehabilitation and Compensation Act 1988 .