(1) Racing NSW is to consist of the Chief Executive and 5 appointed members appointed as follows:
(a) 5 members recommended for appointment by the Selection Panel under section 7 and appointed by the Minister to give effect to the recommendation of the Selection Panel, unless the appointment is to fill a casual vacancy under paragraph (b), (b) the appointment of a member to fill a casual vacancy (a vacancy in the office of an appointed member occurring other than by reason of the completion of the member’s term of office) is to be made by the Minister on the nomination of Racing NSW. (2) A person is not eligible to be an appointed member of Racing NSW if the person:
(a) is an employee of a race club or racing association, or (b) is a member of the governing body of a race club or eligible industry body, or (c) holds a licence issued by Racing NSW or by a racing association, or (d) is registered by or with the Greyhound and Harness Racing Regulatory Authority under the , or Greyhound and Harness Racing Administration Act 2004 (e) is currently, or during the previous 10 years has been, warned off, disqualified or named on the Forfeits List under the Australian Rules of Racing, or (f) during the previous 10 years has been convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or (g) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or (h) is a mentally incapacitated person.
(1) The Minister is to establish a Selection Panel to recommend persons for appointment as members of Racing NSW and to recommend the term of office of appointed members.
(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, (b1) such functions in relation to the business, economic development and strategic development of the horse racing industry in the State as are conferred or imposed by this Act, (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) Racing NSW is to prepare business plans for its activities from time to 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.
(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 appointed members is taken to be a decision of Racing NSW. Email may be used to circulate papers among members and a resolution approved by email is taken to have been approved in writing.
(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) Racing NSW may set minimum standards in connection with the conduct by registered race clubs of races and race meetings, including minimum standards with respect to the following:
(a) racecourse design and construction, (b) racecourse facilities and amenities (including facilities and amenities to be provided for patrons, such as grandstands and other patron amenities), (c) racehorse training facilities, (d) the financial management of race meetings, including the management of the costs of conducting race meetings, (e) the fees and charges imposed by a race club in connection with races conducted by the race club, (f) prize money paid on races conducted by a race club, (g) starters, appearance and other fees paid by a race club, (h) such other matters relating to the conduct of races and race meetings as may be prescribed by the regulations.
(1) Racing NSW may impose any sanction authorised by this section on a registered race club that Racing NSW is satisfied has:
(a) failed without reasonable excuse to comply with a minimum standard set under section 29A, or (b) failed without reasonable excuse to comply with a direction given to the race club under section 29B. (2) Each of the following sanctions is a sanction that Racing NSW may impose under this section:
(a) a public admonishment of the race club, (b) a requirement that the race club pay to Racing NSW a civil penalty of up to 50 penalty units (or up to 100 penalty units if the contravention or failure is the second or a subsequent contravention or failure for which a civil penalty has been imposed on the race club under this section), (c) suspension or cancellation of the race club’s registration.
(1) A racing body must not enter into a broadcasting arrangement unless Racing NSW has given its prior approval in writing to the proposed arrangement. Racing NSW may refuse to approve of a proposed broadcasting arrangement if of the opinion that the arrangement is not in the best interests of the horse racing industry as a whole in New South Wales. (2) A broadcasting arrangement entered into in contravention of this section is void.
(1) A proposed broadcasting arrangement must be submitted to Racing NSW for approval not less than 30 days before the broadcasting arrangement is proposed to be entered into, unless Racing NSW otherwise determines in a particular case.
(1) If a person aggrieved by a decision of Racing NSW to refuse to approve of a proposed broadcasting arrangement disputes the decision, the person may request Racing NSW to refer the dispute for mediation. Note— Mediation is a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute.
(1) A person aggrieved by a decision of Racing NSW to impose a sanction under section 29C (2) (a) or (b) may appeal against the decision to the Racing Appeals Tribunal under section 15 of the on procedural grounds. Racing Appeals Tribunal Act 1983
(1) RICG is to consist of the following members:
(a) one person to represent the AJC, being the chief executive officer of the AJC, (b) one person to represent the Sydney Turf Club, being the chief executive officer of the Sydney Turf Club, (c) one person who is an elected official of and nominated by Unions NSW, (d) one person to represent the Provincial Association of New South Wales, being the Chairperson of the Provincial Association of New South Wales, (e) one person to represent the Country Racing Council Limited, being the chairperson of the Board of Directors of the Country Racing Council Limited, (f) one person who is an elected official of and nominated by an eligible industry body to represent the interests of owners of thoroughbred racehorses, (g) one person who is an elected official of and nominated by an eligible industry body to represent the interests of breeders of thoroughbred racehorses, (h) one person who is an elected official of and nominated by an eligible industry body to represent the interests of licensed trainers, (i) one person who is an elected official of and nominated by an eligible industry body to represent the interests of licensed jockeys and apprentice jockeys. (2) The Minister is to determine from time to time the body that is the eligible industry body for the purposes of subsection (1) (f), (g), (h) or (i). The Minister is to consult with Racing NSW on determinations made by the Minister under this subsection.
(1) RICG has the function of consulting with and making recommendations to Racing NSW on matters concerning horse racing in the State.
(1) RICG is to elect a Chairperson from among its members. RICG may also elect a Deputy Chairperson from among its members. RICG may remove a person from office as Chairperson or Deputy Chairperson of RICG at any time.
(1) RICG may regulate its proceedings as it considers appropriate, subject to this section.
(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)