Does not include amendments by: (not commenced) Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 No 23
(1) Racing NSW 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 Racing NSW, who is to be Chairperson, (h) the Chief Executive, (i) any person who is appointed for the time being by Racing NSW as an additional member in accordance with subsection (4). (2) The nominated members of Racing NSW are to select, by majority vote, the Chairperson from among candidates identified by recruitment agencies as having suitable expertise to hold that office. Racing NSW 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 Racing NSW if the person:
(a) is an employee of a race club or racing association, or (b) holds a licence issued by Racing NSW or by a racing association, or (b1) is registered by or with the Greyhound and Harness Racing Regulatory Authority under the , or Greyhound and Harness Racing Administration Act 2004 (b2) (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 Racing NSW 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) Racing NSW 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 Racing NSW 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) Racing NSW is to exercise its registration and licensing functions so as to ensure that any individuals registered or licensed by Racing NSW are persons who, in the opinion of Racing NSW, are fit and proper persons to be so registered or licensed (having regard in particular to the need to protect the public interest as it relates to the horse racing industry).
(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) Racing NSW 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 registered under 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 Racing NSW, 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 Racing NSW 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 Racing NSW, or (d) is absent from 4 consecutive meetings of Racing NSW of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by Racing NSW or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by Racing NSW 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 Racing NSW may elect a Deputy Chairperson from among the nominated members. Racing NSW may remove a person from office as Deputy Chairperson of Racing NSW at any time.
(1) Racing NSW may regulate its proceedings as it considers appropriate, subject to this section. (1A) Proceedings in respect of an inquiry conducted by Racing NSW may be conducted in public or in private, or partly in public and partly in private, as Racing NSW may decide. (1B) In conducting an inquiry, Racing NSW may examine any witness on oath or affirmation, or by use of a statutory declaration.
(1) Racing NSW 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 Racing NSW.
(1) If:
(a) a member of Racing NSW or of a committee of Racing NSW has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of Racing NSW 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 Racing NSW or the committee. (2) A disclosure by a member at a meeting of Racing NSW or a committee of Racing NSW 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) Racing NSW 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 Unions NSW to represent stablehands and race club employees, (c) 1 member nominated by the other members of RIPAC to represent consumers of racing and betting services, being a person selected from a panel of 3 persons nominated by the Public Interest Advocacy Centre. (2) The members referred to in subsection (1) (a) are to be nominated by the industry bodies that are appropriate to represent the interests of the categories of participants in the horse racing industry that they represent, namely:
(a) in the case of owners—the NSW Racehorse Owners Association Limited, (b) in the case of breeders—the New South Wales Bloodhorse Breeders Association Limited and the Commercial Thoroughbred Breeders Association Limited (a joint nomination by both bodies), (c) in the case of licensed trainers—the Australian Trainers Association (NSW Branch) and the Sydney Trainers Association (a joint nomination by both bodies), (d) in the case of licensed jockeys and apprentice jockeys—the NSW Jockeys Association, (e) in the case of licensed bookmakers and bookmakers’ clerks—the NSW Bookmakers Co-operative Society Limited.
(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. (3) RIPAC is to meet not less than 4 times a year and of those meetings at least 2 are to be joint meetings with meetings of Racing NSW (with the appropriate quorum of both Racing NSW and RIPAC present). Either RIPAC or Racing NSW can request the other to hold further joint meetings and such a request must be complied with, up to a further 2 joint meetings in a year (without precluding the holding of further joint meetings by agreement).
(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 Racing NSW determines, by order published in the racing calendar published by Racing NSW, to be a decision that may be appealed against to the Appeal Panel. (1A) Racing NSW has a right of appeal to the Appeal Panel against the following decisions of a racing authority:
(a) a decision referred to in subsection (1) (a)–(d), (b) a decision to dismiss a charge against a person for contravention of the Rules of Racing. (2) A racing authority means:
(a) the stewards of Racing NSW, (b) (c) the committee or stewards of any race club or race meeting registered by Racing NSW under the Rules of Racing, (d) a racing association.
(1) An appeal to the Appeal Panel is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the decision appealed against was made, may be given on the appeal. (2) The Appeal Panel may subject to this Act and the local rules of racing of Racing NSW determine its own procedure.
(1) Racing NSW is to appoint suitably qualified persons to be members of the Appeal Panel. A member of Racing NSW cannot be a member of the Appeal Panel. (2) Racing NSW 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 Racing NSW 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)