(1) The Board consists of the following members:
(a) one person nominated by the AJC, (b) one person nominated by the Sydney Turf Club, (c) one person nominated by the Provincial Association of New South Wales, (d) one person nominated by the Board of Directors of the Country Racing Council Limited, (e) one person jointly nominated by eligible industry bodies, who is to represent the interests of owners and breeders of thoroughbred racehorses, (f) one person jointly nominated by eligible industry bodies, who is to represent the interests of licensed trainers, licensed jockeys and apprentice jockeys, licensed bookmakers and bookmakers’ clerks, and stablehands and race club employees, (g) one person selected by the nominated members of the Board, who is to be Chairperson, (h) the Chief Executive, (i) any person who is appointed for the time being by the Board as an additional member in accordance with subsection (4). (2) The nominated members of the Board are to select, by majority vote, the Chairperson from among candidates identified by recruitment agencies as having suitable expertise to hold that office. The Board must commission at least 2 recruitment agencies to identify candidates from whom the selection is to be made.
(1) A person is not eligible to be a voting member of the Board if the person:
(a) is an employee of a race club or racing association, or (b) holds a licence issued by the Board or by a racing association, or (b1) is registered by or with the Greyhound Racing Authority under the , Greyhound Racing Act 2002 (b2) is registered by or with Harness Racing New South Wales under the , or Harness Racing Act 2002 (c) is currently warned off or disqualified, or is a person whose name is currently on the Forfeits List, under the Australian Rules of Racing, or (d) during the previous 10 years has been convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or (e) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or (f) is a mentally incapacitated person.
(1) A nominated member of the Board may from time to time appoint a person to be the deputy of the member, and may at any time revoke any such appointment.
(1) The Board has the following functions:
(a) all the functions of the principal club for New South Wales and committee of the principal club for New South Wales under the Australian Rules of Racing, (b) to control, supervise and regulate horse racing in the State, (c) to initiate, develop and implement policies considered conducive to the promotion, strategic development and welfare of the horse racing industry in the State and the protection of the public interest as it relates to the horse racing industry, (d) functions with respect to the insuring of participants in the horse racing industry, being functions of the kind exercised by the AJC on the commencement of this section, and such other functions with respect to insurance in the horse racing industry as may be prescribed by the regulations, (e) such functions as may be conferred or imposed on the Board by or under the Australian Rules of Racing or any other Act, (f) such functions with respect to horse racing in New South Wales as may be prescribed by the regulations.
(1) An application for a bookmaker licence may be made:
(a) by a natural person of or over the age of 18 years, or (b) by a proprietary company. (2) The Board must refuse to licence a proprietary company as a bookmaker unless satisfied that the company is an eligible company. (3) For the purposes of this section, an eligible company means a proprietary company that is taken to be registered in New South Wales for the purposes of theof the Commonwealth and in which: Corporations Act 2001
(a) each director, shareholder and person concerned in the management of the company is of or over the age of 18 years, and (b) each director is licensed as an individual as a bookmaker under this Act, and (c) each director is a shareholder and person concerned in the management of the company, and (d) each shareholder who is not a director is a close family member of a director, and (e) each shareholder or person concerned in the management of the company who is not a director is, in the opinion of the Board, a fit and proper person to be licensed as an individual as a bookmaker under this Act, and (f) subject to the regulations, no person (other than a shareholder) has any interest in the shares or assets of the company.
(1) The office of a voting member of the Board becomes vacant if the member:
(a) dies, or (b) completes a term of office and is not re-nominated, re-selected or reappointed, as the case may be, or (c) resigns the office by instrument in writing addressed to the Board, or (d) is absent from 4 consecutive meetings of the Board of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Board or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Board for having been absent from those meetings, or (e) becomes a person who is not eligible to be a member, or (f) is removed from office under subsection (2).
(1) The nominated members of the Board may elect a Deputy Chairperson from among the nominated members. The Board may remove a person from office as Deputy Chairperson of the Board at any time.
(1) The Board may regulate its proceedings as it considers appropriate, subject to this section. (1A) Proceedings in respect of an inquiry conducted by the Board may be conducted in public or in private, or partly in public and partly in private, as the Board may decide. (1B) In conducting an inquiry, the Board may examine any witness on oath or affirmation, or by use of a statutory declaration.
(1) The Board may, if it thinks fit, transact any of its business by the circulation of papers among all of its members, and a resolution in writing approved in writing by a majority of the voting members is taken to be a decision of the Board.
(1) If:
(a) a member of the Board or of a committee of the Board has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board or the committee, and (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter, the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board or the committee. (2) A disclosure by a member at a meeting of the Board or a committee of the Board that the member:
(a) is a member, or is in the employment, of a specified company or other body, or (b) is a partner, or is in the employment, of a specified person, or (c) has some other specified interest relating to a specified company or other body or to a specified person, is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subsection (1).
(1) The Board must, as soon as practicable after 30 June and in any case before 1 November in each year prepare and forward to the Minister a report of its work and activities for the 12 months ending on that 30 June.
(1) RIPAC consists of 7 members as follows:
(a) 5 members, each nominated to represent one of the following categories of participants in the horse racing industry:
(i) owners, (ii) breeders, (iii) licensed trainers, (iv) licensed jockeys and apprentice jockeys, (v) licensed bookmakers and bookmakers’ clerks, (b) 1 member nominated by the Labor Council of New South Wales to represent stablehands and race club employees, (c) 1 member nominated by the Public Interest Advocacy Centre to represent consumers of racing and betting services.
(1) RIPAC is to elect a Chairperson from among its members. RIPAC may also elect a Deputy Chairperson from among its members. RIPAC may remove a person from office as Chairperson or Deputy Chairperson of RIPAC at any time.
(1) RIPAC may regulate its proceedings as it considers appropriate, subject to this section. (2) The quorum for a meeting of RIPAC is a majority in number of the members for the time being.
(1) A person aggrieved by any of the following decisions of a racing authority has a right of appeal against the decision to the Appeal Panel:
(a) a decision to disqualify or warn off any person, (b) a decision to disqualify any horse, (c) a decision to revoke the licence or registration of any person or suspend (for any period) any such licence or registration, (d) a decision to fine any person a sum of $10 or more, (e) a decision that the Board determines, by order published in the racing calendar published by the Board, to be a decision that may be appealed against to the Appeal Panel. (2) A racing authority means:
(a) the stewards of the Board, (b) (c) the committee or stewards of any race club or race meeting registered by the Board under the Rules of Racing, (d) a racing association.
(1) An appeal to the Appeal Panel is to be in the nature of a rehearing. (2) The Appeal Panel may subject to this Act and the local rules of racing of the Board determine its own procedure.
(1) The Board is to appoint suitably qualified persons to be members of the Appeal Panel. A member of the Board cannot be a member of the Appeal Panel. (2) The Board is (subject to this section) to determine the qualifications and disqualifications for membership of the Appeal Panel and for that purpose is to have particular regard to the need to minimise conflicts of interest, such as might arise from a person’s:
(a) ownership of horses currently in work, or (b) professional involvement in race preparation, or (c) professional or commercial dealings with any person who holds a licence issued by the Board or by a racing association.
(1) When the Appeal Panel is required to hear an appeal, the Principal Member is to establish the Appeal Panel in accordance with this section. More than one Appeal Panel may be established to exercise the functions of the Appeal Panel at any one time. (2) The Appeal Panel is to be constituted for the purposes of an appeal by not less than 3 members, one of whom must be the Principal Member (who is to be Convenor of the Appeal Panel for the purposes of the appeal).
(Section 50)