An Act to repeal the Greyhound Racing Authority Act 1985; to constitute Greyhound Racing New South Wales and the Greyhound Racing Authority; to make provision with respect to the control and regulation of greyhound racing; to amend various Acts consequentially; and for other purposes.
Part 1 Preliminary
1 Name of Act
This Act is the Greyhound Racing Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:Advisory Committee means the Greyhound Racing Industry Participants Advisory Committee established under Part 5.exercise a function includes perform a duty.greyhound racing means racing between greyhounds in competitive pursuit of an artificial lure, and includes:(a) a greyhound trial or training race, and(b) racing in a test of speed of a greyhound or of greyhounds competing separately.greyhound racing club means a non-proprietary association holding a racecourse licence under the Racing Administration Act 1998, and includes an association of greyhound racing clubs.greyhound trial track means land (not being a racecourse licensed under the Racing Administration Act 1998 for meetings for greyhound racing) that is held out by any person having the management or control of the land, whether as owner, lessee, occupier or otherwise, as being available for the purpose of enabling greyhounds, other than those owned by, or leased to, that person, to compete in trials or be trained in racing.function includes a power, authority or duty.GRNSW means Greyhound Racing New South Wales constituted by section 6.rule means a rule made under this Act.the Authority means the Greyhound Racing Authority constituted by section 13.Tribunal means the Greyhound Racing Appeals Tribunal established by section 32.(2) A reference in this Act to a person associated with greyhound racing is a reference to the following:(a) a person who handles greyhounds at a greyhound race or trial,(b) a bookmaker’s clerk,(c) a greyhound breeder,(d) a person who manages or controls a greyhound trial track,(e) a person who is an officer or employee of a greyhound racing club or is otherwise concerned in the management or control of any such club,(f) any other person prescribed by the regulations for the purposes of this subsection.
4 Notes
Notes in the text of this Act do not form part of this Act.
5 Determination of appropriate body to carry out functions
(1) The Minister may, by order in writing, determine whether GRNSW or the Authority is to be the appropriate body to carry out a function under this Act in relation to the greyhound racing industry.(2) Subsection (1) does not apply to a function that a provision of this Act provides is to be carried out by GRNSW or the Authority.(3) However, if a dispute arises as to whether a function is to be exercised under this Act by GRNSW or the Authority, the Minister may resolve the dispute.(4) The Minister’s determination is final and conclusive of the matter.
Part 2 Greyhound Racing NSW and Greyhound Racing Authority
Division 1 Greyhound Racing New South Wales
6 Constitution of Greyhound Racing New South Wales
(1) There is constituted by this Act a body corporate with the corporate name of Greyhound Racing New South Wales.(2) GRNSW may use another name approved by the Minister by order published in the Gazette.(3) Without limiting subsection (2), GRNSW may use that other name when entering into any agreement or in relation to any other dealings of GRNSW.(4) Schedule 1 has effect with respect to GRNSW.
7 GRNSW independent of Government
GRNSW or any of its subsidiaries:(a) does not represent the Crown and is not subject to direction or control by or on behalf of the Government, andunless this or any other Act otherwise expressly provides.(b) cannot render the State liable for any debts, liabilities or other obligations of GRNSW or its subsidiaries,
8 Membership of GRNSW
(1) GRNSW consists of the following members:(a) one person nominated by The New South Wales Greyhound Breeders Owners and Trainers’ Association Ltd,(b) one person nominated by the New South Wales National Coursing Association Limited,(c) two persons nominated by greyhound racing clubs (other than those referred to in paragraphs (a) and (b)), with one of those nominees being nominated as a representative of TAB clubs and the other being nominated as a representative of country racing,(d) one person nominated by participants in the greyhound racing industry (being owners, trainers, bookmakers or other persons involved with greyhound racing),(e) one person selected by the nominated members of GRNSW, who is to be the Chairperson.(2) GRNSW may decide to appoint the same person to both the position of Chairperson and the position of Chief Executive Officer.(3) The nominated members of GRNSW are to select, by majority vote, the Chairperson from among candidates identified by a recruitment agency or recruitment agencies as having suitable expertise to hold the office of Chairperson and, if the successful candidate is to be appointed to the position of Chief Executive Officer, as having suitable expertise to fill that office also.(4) GRNSW must commission at least one recruitment agency to identify candidates from whom the selection is to be made.(5) The Minister is to determine, by order published in the Gazette, the manner in which, and the criteria on which, persons are to be nominated for the purposes of subsection (1), including the time at which such a nomination is taken to have effect.(6) The following persons are not eligible to be nominated under subsection (1) (d) as a member of GRNSW:(a) a person who is, or has been at any time in the year immediately preceding the time of nomination, a member of the committee of a greyhound racing club,(b) an employee of a greyhound racing club.(7) The following persons are not eligible to be selected as Chairperson of GRNSW:(a) a person who is, or has been at any time in the year immediately preceding the time of selection, a member of the committee of a greyhound racing club,(b) a member or employee of a greyhound racing club.(8) For the purposes of this section, a TAB club is a greyhound racing club on a majority of whose race meetings TAB Limited conducts an off-course totalizator (within the meaning of the Totalizator Act 1997).
9 Functions of GRNSW
(1) GRNSW has the functions conferred or imposed on it by or under this or any other Act or law.(2) Without limiting subsection (1), the functions of GRNSW include the following:(a) to register greyhound racing clubs and greyhound trial tracks,(b) to initiate, develop and implement policies considered conducive to the promotion, strategic development and welfare of the greyhound racing industry in the State,(c) to distribute money received as a result of commercial arrangements required by the Totalizator Act 1997,(d) to allocate the dates on which greyhound races may be conducted,(e) to develop and review policy in relation to the breeding and grading of greyhounds.(3) GRNSW may affiliate with such organisations, whether in or out of New South Wales, as GRNSW considers appropriate.(4) Nothing in this Act confers on GRNSW power to conduct meetings for greyhound racing on its own behalf.
10 Chief executive officer of GRNSW
(1) Subject to section 8 (2) and (3), GRNSW may employ a chief executive officer of GRNSW.(2) The chief executive officer is responsible for the day-to-day management of GRNSW.(3) The Public Sector Management Act 1988 does not apply to or in respect of the chief executive officer.
11 Staff of GRNSW
(1) GRNSW may employ such other staff as it requires to exercise its functions.(2) GRNSW may fix the salary, wages and other conditions of staff employed under subsection (1) (including the chief executive officer of GRNSW) in so far as they are not fixed by or under any other Act or law.(3) The Public Sector Management Act 1988 does not apply to or in respect of staff employed under subsection (1).(4) GRNSW may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of the Authority.(5) For the purposes of this Act, a person whose services are made use of under subsection (4) is taken to be a member of staff of GRNSW.(6) GRNSW may engage consultants for the purposes of getting expert advice.
12 Annual report of GRNSW
(1) GRNSW 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.(2) The report must include copies of the financial statements of GRNSW for the 12-month period to which the report relates together with an auditor’s report on those statements prepared by an independent auditor.(3) The Minister is to table the report or cause it to be tabled in both Houses of Parliament as soon as practicable after the report is forwarded to the Minister.(4) GRNSW is to make copies of the report available to the public at a reasonable price.
Division 2 Greyhound Racing Authority
13 Constitution of Greyhound Racing Authority
(1) There is constituted by this Act a body corporate with the corporate name of the Greyhound Racing Authority.(2) The Authority is subject to the direction and control of the Minister except in relation to the following matters:(a) the contents of a report or recommendation made by it to the Minister,(b) the decision on any appeal or other disciplinary proceedings.(3) The Authority is, for the purposes of any Act, a statutory body representing the Crown.(4) Schedule 2 has effect with respect to the Authority.
14 Membership of Authority
(1) The Authority is to consist of three members appointed by the Governor, on the recommendation of the Minister.(2) The Minister must ensure that at least one of the persons recommended for appointment as a member has, in the opinion of the Minister, suitable legal qualifications and at least two of the persons so recommended have, in the opinion of the Minister, one or more of the following qualifications:(a) experience in management or administration,(b) experience in enforcement or policing of regulatory schemes,(c) veterinary qualifications,(d) knowledge of the racing or wagering industries.(3) The following persons are not eligible to be appointed as members of the Authority:(a) a person who is, or has been at any time in the year immediately preceding the time of appointment, a member of the committee of a greyhound racing club,(b) a member or employee of a greyhound racing club,(c) a person licensed or registered under this Act, the Harness Racing New South Wales Act 1977 or the Thoroughbred Racing Board Act 1996,(d) a person with a financial interest in an animal intended for racing under this Act.
15 Chairperson and deputy chairperson
(1) The Governor is to appoint one of the members of the Authority as chairperson of the Authority by the instrument appointing the person as member or by a subsequent instrument executed by the Governor.(2) The Governor is to appoint one of the members of the Authority as the deputy chairperson of the Authority by the instrument appointing the person as member or by a subsequent instrument executed by the Governor.
16 Functions of Authority
(1) The Authority has the functions conferred or imposed on it by or under this or any other Act or law.(2) The Authority may affiliate with such organisations, whether in or out of New South Wales, as the Authority considers appropriate.(3) Nothing in this Act confers on the Authority power to conduct meetings for greyhound racing on its own behalf.
17 Chief executive officer of Authority
(1) The Authority may, in consultation with the Minister, employ a chief executive officer of the Authority.(2) The chief executive officer is responsible for the day-to-day management of the Authority.
18 Staff of Authority
(1) The Authority may employ such other staff as it requires to exercise its functions.(2) The Authority may fix the salary, wages and other conditions of staff employed under subsection (1) (including the chief executive officer of the Authority) in so far as they are not fixed by or under any other Act or law.(3) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of staff employed under subsection (1) (including the chief executive officer of the Authority).(4) The Authority may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of GRNSW.(5) For the purposes of this Act, a person whose services are made use of under subsection (4) is taken to be a member of staff of the Authority.(6) The Authority may engage consultants for the purposes of getting expert advice.
Part 3 Control and regulation of greyhound racing
Division 1 Registration
19 Registration of clubs and trial tracks
(1) GRNSW may, in accordance with the rules, register or refuse to register:(a) any greyhound racing club, or(b) any greyhound trial track.(2) GRNSW must not refuse to register a greyhound racing club or a greyhound trial track under this section unless it is of the opinion that:(a) the racing club or trial track is not, or will not be, financially viable in relation to participation in the greyhound racing industry, or(b) it would be in the best interests of the greyhound racing industry to do so.(3) GRNSW may not refuse any registration under this section for the purpose of taking disciplinary action.(4) Despite subsection (1), GRNSW may not register a greyhound racing club or greyhound trial track the registration of which has previously been cancelled under section 23 unless the Authority has given approval in writing to the registration.
20 Suspension or cancellation of registration of clubs and trial tracks on commercial grounds
(1) GRNSW may, in accordance with the rules, suspend or cancel the registration of:(a) any greyhound racing club, or(b) any greyhound trial track.(2) GRNSW must not suspend or cancel any registration under this section unless it is of the opinion that:(a) the racing club or trial track is not, or will not be, financially viable in relation to participation in the greyhound racing industry, or(b) it would be in the best interests of the greyhound racing industry to do so.(3) GRNSW may not suspend or cancel any registration under this section for the purpose of taking disciplinary action or for the purposes of occupational health and safety.
21 Registration of owners, trainers, bookmakers, associated persons and greyhounds
(1) The Authority may, in accordance with the rules, register or refuse to register:(a) any greyhound, or(b) any owner, trainer or bookmaker or other person associated with greyhound racing.(2) The Authority must not refuse to register any greyhound, or any owner, trainer, bookmaker or other person associated with greyhound racing, unless it is of the opinion that it would be in the best interests of the greyhound racing industry to do so.
22 Registration of bookmakers
(1) An application for registration as a bookmaker may be made:(a) by a natural person of or over the age of 18 years, or(b) by a proprietary company.(2) Despite section 21 (2), the Authority must refuse to grant an application for registration of 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 the Corporations Act 2001 of the Commonwealth and in which:(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 registered 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 Authority, a fit and proper person to be registered 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.(4) It is a condition of a company’s registration as a bookmaker that:(a) the company continues to be an eligible company, and(b) no shareholder or person concerned in the management of the company, other than a director, is registered as an individual as a bookmaker under this Act, and(c) no director, shareholder or person concerned in the management of the company:(i) carries on the business of a bookmaker, otherwise than on behalf of the company, in relation to any greyhound, horse or harness race, at a meeting for greyhound racing in New South Wales, or(ii) carries on the business of an authorised sports betting bookmaker, otherwise than on behalf of the company, at a racecourse licensed for greyhound racing, or(iii) is a director, shareholder or person concerned in the management of, or is an employee or agent of, any other company that is registered as a bookmaker under this Act, or(iv) has a financial interest in any business of a bookmaker that is carried on by any such other company under the authority of its registration under this Act, and(d) no director, shareholder or person concerned in the management of the company:(i) is registered or otherwise authorised as an individual to carry on, or carries on, the business of a bookmaker, bookmaker’s clerk or turf commission agent, or a totalizator business, in another Australian State or Territory, or(ii) is a director, shareholder or person concerned in the management of a corporation, or is a member of a partnership, that is registered or otherwise authorised to carry on, or that carries on, any such business in another Australian State or Territory, or(iii) is an employee or agent of any individual, partnership or corporation referred to in the preceding subparagraphs, or(iv) has a financial interest in the business of a bookmaker or turf commission agent, or a totalizator business, that is authorised to be carried on or is carried on in another Australian State or Territory, and(e) no director, shareholder or person concerned in the management of the company:(i) is registered or otherwise authorised as an individual to carry on, or carries on, the business of a bookmaker, bookmaker’s clerk or turf commission agent, or a totalizator business, or any other kind of betting, wagering, gambling or gaming business, in another country, or(ii) is a director, shareholder or person concerned in the management of a corporation, or is a member of a partnership, that is registered or otherwise authorised to carry on, or that carries on, any such business in another country, or(iii) is an employee or agent of any individual, partnership or corporation referred to in the preceding subparagraphs, or(iv) has a financial interest in the business of a bookmaker or turf commission agent, or a totalizator business, or any other kind of betting, wagering, gambling or gaming business, that is authorised to be carried on or is carried on in another country.(5) In subsection (4) (c), (d) and (e), a reference to carrying on the business of a bookmaker, or the business of a bookmaker’s clerk or turf commission agent, includes a reference to acting as a bookmaker, or a bookmaker’s clerk or turf commission agent.(6) The condition set out in subsection (4) (d) does not extend to a person who is a director of a company that is registered as a bookmaker under this Act if:(a) the person is the sole director of the company, and(b) the relevant matters referred to in subsection (4) (d) (i), (ii), (iii) or (iv) are disclosed in writing to the Authority at the time the company applies for registration as a bookmaker under this Act or, if they do not occur until after that time, within 2 working days after they occur.(7) The Authority may suspend or cancel the registration of a company as a bookmaker if satisfied that any condition referred to in subsection (4) is contravened in respect of the company. This does not limit the powers of the Authority to suspend or cancel the registration of a company as a bookmaker under section 23.(8) Any debt that is incurred by a company in carrying on business as a bookmaker registered under this Act is enforceable jointly and severally against all persons who are directors of the company at the time the debt is incurred (whether or not they are directors at the time the debt is sought to be enforced).(9) In this section:has the same meaning as in section 4 of the Racing Administration Act 1998.close family member of a director means:(a) a spouse, de facto partner, parent, child, brother or sister of the director, or(b) a person who has a relationship with the director that is prescribed by the regulations for the purposes of this definition.financial interest in a bookmaking business means an entitlement to receive any of the income from the business.meeting for greyhound racing has the same meaning as in section 4 of the Racing Administration Act 1998.racecourse licensed for greyhound racing means a racecourse in respect of which a licence for meetings for greyhound racing granted under section 7 of the Racing Administration Act 1998 is in force.
23 Disciplinary and occupational health and safety action may be taken by Authority
(1) The Authority may, in accordance with the rules, do any of the following:(a) cancel the registration of:(i) any greyhound racing club, or(ii) any greyhound trial track, or(iii) any greyhound, or(iv) any owner, trainer or bookmaker or other person associated with greyhound racing,(b) disqualify, either permanently or temporarily, any owner, trainer or bookmaker or other person associated with greyhound racing,(c) disqualify any greyhound, either permanently or temporarily,(d) prohibit any person from participating in or associating with greyhound racing in any specified capacity,(e) prohibit any greyhound from competing in any greyhound race or trial,(f) impose fines, not exceeding 20 penalty units, on any greyhound racing club or on any owner, trainer or bookmaker or other person associated with greyhound racing for breaches of the rules,(g) suspend, for such term as the Authority thinks fit, any right or privilege conferred by this Act or the rules on any owner, trainer or bookmaker or other person associated with greyhound racing, and(h) prohibit any person registered under the rules from taking part in any meeting for greyhound racing held by any greyhound racing club which is not registered under the rules.(2) Any fine imposed under subsection (1) (f) is to be paid to and be the property of the Authority.(3) The Authority may only take action under this section for disciplinary purposes or for the purposes of occupational health and safety.
24 Offence for greyhound trial tracks not to be registered
A person who as owner, lessee, occupier or otherwise has the management or control of a greyhound trial track which is required to be registered in accordance with the rules and is not so registered is guilty of an offence and liable to a penalty not exceeding 4 penalty units.
Division 2 Rules
25 Authority may make rules
(1) The Authority may make rules, not inconsistent with this Act, for or with respect to the control and regulation of greyhound racing.(2) Without limiting the generality of subsection (1), the Authority may make rules for or with respect to the following:(a) any of the matters referred to in section 19, 20, 21 or 23 (1),(b) the effect of a disqualification of, or other penalty imposed on, a person or greyhound under section 23,(c) the allocation to greyhound racing clubs of dates on which they may conduct greyhound racing meetings and greyhound races,(d) the holding and conduct of meetings for greyhound racing and of races or trials at any such meeting,(e) the keeping of greyhounds which are in the care or custody of persons registered under the rules,(f) the breeding of greyhounds (including the registration or recording of sires, services and litters),(g) the naming and identification of greyhounds,(h) the adoption by the Authority (with or without inquiry) of penalties imposed by clubs or authorities conducting or controlling greyhound racing, horse racing or harness racing, whether in or out of New South Wales,(i) the appointment of stewards by the Authority and the functions of those stewards (including functions that do not relate to meetings for greyhound racing),(j) conferring on stewards appointed by the Authority the same functions as are exercisable by the Authority under Division 1,(k) the extent to which and the circumstances in which stewards appointed by the Authority may exercise their functions to the exclusion of stewards of greyhound racing clubs,(l) prohibiting any or all of the following:(i) betting or wagering at any place where a greyhound trial or training race is held,(ii) the award, in respect of any greyhound trial or training race, of any money,(iii) the making of a charge for the admission of persons (not being persons in charge of greyhounds) to a greyhound trial track,(m) the registration of greyhound racing clubs and greyhound trial tracks,(n) the fees and charges referred to in section 47.(3) A provision of a rule may:(a) apply generally or be limited in its application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind, oror may do any combination of those things.(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,(4) The following rules may be made only on the recommendation of GRNSW:(a) a rule for or with respect to any of the matters referred to in section 19 or 20,(b) a rule for or with respect to any of the matters referred to in subsection (2) (c), (e) or (m),(c) a rule for or with respect to any other matter prescribed by the regulations for the purposes of this paragraph.(5) A rule may not be made for or with respect to any of the matters for or with respect to which regulations may be made by virtue of this Act (section 59 (1) (b) excepted).
Part 4 Appeals and disciplinary inquiries
Division 1 Rights and procedures concerning appeals and inquiries
26 Definitions
In this Part:appeal means an appeal under this Part.disciplinary inquiry means a special inquiry under section 29 or any other inquiry by the Authority for the purpose of taking disciplinary action.
27 Appeals
(1) A person who is aggrieved by a decision:(a) of the stewards or the committee of a greyhound racing club, ormay, in accordance with the regulations, appeal against the decision to the Authority or the Tribunal as determined by the regulations.(b) of a steward appointed by the Authority,(2) A person who is aggrieved by a decision of the Authority (other than a decision in respect of an appeal under subsection (1)) may, in accordance with the regulations, appeal against the decision to the Tribunal.(3) The decision of the Authority or the Tribunal on appeal under this section is final and conclusive and is taken to be a decision of the person or body whose decision is the subject of the appeal.(4) Subsection (3) does not preclude the operation of section 29.
28 Proceedings on appeal and disciplinary inquiries
(1) Proceedings on an appeal to the Authority under section 27 are to be held as in open court at a meeting of the Authority at which a quorum is present.(2) Proceedings on an appeal to the Tribunal under section 27 are to be held as in open court before the Tribunal.(3) Proceedings in respect of a disciplinary inquiry of the Authority may be conducted in public or in private, or partly in public and partly in private, as the Authority may decide.(4) In conducting a disciplinary inquiry, the Authority may examine any witness on oath or affirmation, or by use of a statutory declaration.
29 Special inquiry following appeal to Tribunal
(1) The Authority may hold a special inquiry into a matter that the Tribunal has decided on an appeal under section 27 if:(a) the Authority receives information that was not available as evidence at the hearing of the appeal, and(b) the Authority is satisfied that the information may have resulted in a substantially different decision if it had been given in evidence at the hearing of the appeal.(2) The Authority may determine the manner in which a special inquiry is to be held.(3) After holding a special inquiry into a matter that has been decided on an appeal, the Authority may:(a) decide to take no further action, or(b) make a decision that differs from the decision of the Tribunal, in which case the different decision has effect as the decision of the Tribunal instead of the Tribunal’s decision.(4) Section 27 (2) does not apply to a decision made under this section.
30 Regulations concerning appeals
(1) The regulations may make provision for or with respect to the following:(a) appeals to the Authority or Tribunal under this Act,(b) special inquiries under section 29,(c) the procedure at or in connection with appeals under this Act and special inquiries under section 29,(d) the suspension of a decision appealed against under this Act, or the subject of a special inquiry under section 29, pending the determination of the appeal or inquiry,(e) the payment of fees and costs in respect of appeals under this Act and special inquiries under section 29,(f) any matters incidental to or connected with appeals under this Act and special inquiries under section 29.(2) Without affecting the generality of subsection (1), the regulations may:(a) prescribe classes of matters in respect of which appeals may not be made under this Act, or(b) provide that no appeals may be made under this Act except in respect of prescribed classes of matters.
Division 2 Greyhound Racing Appeals Tribunal
31 Definitions
In this Part:assessor means a person appointed as an assessor of the Tribunal under section 35.court includes the Industrial Relations Commission of New South Wales.judge includes a judicial member of the Industrial Relations Commission.qualified person means a judge of any court in New South Wales, a retired judge of any court (whether or not in New South Wales) or a person qualified to be appointed as a Judge of the District Court.
32 Greyhound Racing Appeals Tribunal
For the purposes of this Act, there is established a Tribunal to be known as the Greyhound Racing Appeals Tribunal.
33 Appointment of Tribunal
The Minister may, on the recommendation of the Attorney General, appoint a qualified person as the Tribunal.
34 Appointment of acting Tribunal
(1) The Minister may from time to time, on the recommendation of the Attorney General, appoint:(a) a qualified person to act as the Tribunal:(i) during the illness or absence of the person appointed as the Tribunal, or(ii) during a vacancy in the office of the Tribunal, or(iii) on such occasions or in respect of such appeals as the person appointed as the Tribunal directs, and(b) another qualified person to act as the Tribunal in accordance with paragraph (a) but only during the illness or absence of the person appointed to act as the Tribunal under paragraph (a).(2) A qualified person is taken to be the Tribunal while acting as the Tribunal.(3) More than one sitting of the Tribunal may be held at the same time, but the person appointed as the Tribunal and a person appointed to act as the Tribunal must not sit on the same appeal.
35 Appointment of assessors
The Minister may, for the purposes of this Act, appoint persons the Minister believes have special knowledge of, and experience in, the racing industry to be assessors of the Tribunal.
36 Functions of assessors
(1) The Tribunal may, in hearing appeals under this Act, be assisted by one or more assessors.(2) An assessor assisting the Tribunal as referred to in subsection (1) may assist and advise the Tribunal, but must not adjudicate on any matter before the Tribunal.
37 Provisions relating to Tribunal
Schedule 3 has effect.
Part 5 Greyhound Racing Industry Participants Advisory Committee
38 Establishment of Advisory Committee
(1) There is established by this Act a committee called the Greyhound Racing Industry Participants Advisory Committee.(2) Schedule 4 has effect with respect to the members and procedure of the Advisory Committee.
39 Membership
(1) The Advisory Committee is to consist of 5 members of which:(a) 4 are to be nominated by relevant industry bodies to represent each of the following categories of participants in the greyhound racing industry:(i) owners,(ii) breeders,(iii) licensed trainers,(iv) licensed bookmakers and bookmakers’ clerks, and(b) one member is to be selected by the members referred to in paragraph (a) to represent consumers of racing and betting services.(2) The Minister is to determine, by order published in the Gazette, the relevant industry bodies that may nominate members under subsection (1) (a) and the manner in which persons are to be nominated by those bodies, including the time at which such a nomination is taken to have effect.
40 Certain persons not eligible for membership
(1) A person is not eligible to be a member of the Advisory Committee if the person:(a) is currently disqualified, or is a person whose name is currently on the list relating to disqualifications, suspensions, subjects of inquiries and defaulters kept under the rules, or(b) 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(c) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or(d) is a mentally incapacitated person.(2) A person is not eligible to be a member of the Advisory Committee for more than 4 consecutive terms of office, but there is no limit on the number of non-consecutive terms for which a person can be a member. A term of office is counted for the purposes of this subsection even if the member did not serve out the full period of that term of office.
41 Functions of Advisory Committee
The Advisory Committee has the following functions:(a) to provide advice to GRNSW and the Authority on industry policy and strategic direction,(b) to serve as a channel for communication between the industry stakeholders that it represents and GRNSW and the Authority,(c) to provide a forum for discussion of issues of concern and the making of recommendations to GRNSW and the Authority,(d) at the request of GRNSW or the Authority, to nominate members to serve on committees or working groups established by GRNSW or the Authority.
Part 6 Administration
42 Records
(1) The Authority is to keep records for the purposes of this Act relating to its own functions and the registration functions of GRNSW.(2) GRNSW is to ensure that the relevant information is passed on to the Authority to enable it to perform its record-keeping functions under this section.(3) The Authority is to allow GRNSW access to the records kept under this section that relate to the registration functions of GRNSW.
43 Meetings of GRNSW and Authority
GRNSW and the Authority are to meet with each other at least twice a year to co-ordinate the carrying out of their functions under this Act.
Part 7 Finance
44 Financial year
(1) Subject to subsections (2) and (3), the financial year of GRNSW and the Authority is the year commencing on 1 July.(2) A different financial year for GRNSW may be determined by the Minister by order published in the Gazette.(3) A different financial year for the Authority may be determined by the Treasurer under section 4 (1A) of the Public Finance and Audit Act 1983.
45 Expenses
(1) GRNSW is liable for all expenses (including remuneration and allowances payable to members of GRNSW, the chief executive officer of GRNSW and the other staff of GRNSW) incurred by GRNSW in the exercise of its functions.(2) The Authority is liable for the following expenses:(a) all expenses (including remuneration and allowances payable to members of the Authority, the chief executive officer of the Authority and the other staff of the Authority) incurred by the Authority in the exercise of its functions,(b) all expenses (including remuneration and allowances payable under clause 3 of Schedule 3) incurred by the Tribunal in the exercise of its functions under this Act.
46 Accounts
(1) GRNSW may establish such accounts as it thinks appropriate for the money received and expended by GRNSW.(2) The Authority may establish such accounts as it thinks appropriate for the money received and expended by the Authority.
47 Fees and charges
(1) If a steward appointed by the Authority acts at a meeting for greyhound racing held by a greyhound racing club, the Authority may charge the club for the services of the steward.(2) GRNSW may determine the fees and charges payable for registration or for the transaction of other business with GRNSW.(3) The Authority may determine the fees and charges payable for registration or for the transaction of other business with the Authority.
48 Approval required for certain loans by GRNSW
GRNSW must not borrow:(a) an amount exceeding $1,000,000 (or exceeding such other amount as is prescribed by the regulations), orunless the Minister has approved of GRNSW doing so.(b) amounts totalling in excess of a prescribed amount within a prescribed period,
49 Funding of Authority
(1) The Authority is to submit a draft annual budget to the Minister before the beginning of each of its financial years.(2) After considering the draft annual budget of the Authority, the Minister is to determine an amount, in writing, that is to be the total amount to be allowed for the funding of the Authority for the financial year concerned.(3) Notice in writing of the amount determined under subsection (2) is to be given to GRNSW.(4) GRNSW is to provide annual funding to the Authority equal to the amount determined under subsection (2).(5) The amount is to be paid to the Authority in the manner and at the times directed by the Minister.(6) The amount is:(a) to be provided from money to be distributed by GRNSW under the intra-code agreement, and(b) to be deducted from that money before it is distributed as referred to in paragraph (a).(7) Any amendment to the inter-code agreement that affects the way in which money is distributed to the greyhound racing industry under that agreement has no effect unless it is approved in writing by the Authority.(8) This section has effect despite any provision of the inter-code agreement or the intra code agreement.(9) As soon as practicable after GRNSW is constituted, GRNSW is to meet with the other parties to the intra-code agreement (except the Greyhound Racing Authority as constituted under the Greyhound Racing Authority Act 1985) to determine the manner in which GRNSW will be funded under that agreement.(10) In this section, inter-code agreement means:(a) the Racing Inter-Code Deed made on 27 February 1998 between the following:(i) NSW Racing Pty Ltd,(ii) NSW Thoroughbred Racing Board,(iii) Harness Racing New South Wales,(iv) the Greyhound Racing Authority (NSW), or(b) any agreement with GRNSW for the purposes of making commercial arrangements required by the Totalizator Act 1997 that replaces the agreement referred to in paragraph (a) (whether or not the other parties to the agreement have changed).(11) In this section, intra-code agreement means:(a) the New South Wales Greyhound Racing Industry Intracode Memorandum of Understanding made on 20 February 1998 between the former Authority, the NSW Greyhound Breeders, Owners and Trainers’ Association Limited, NSW National Coursing Association Limited, NSW Greyhound Racing Clubs Association and TAB Greyhound Racing Clubs (NSW), or(b) any agreement with GRNSW for the purposes of making commercial arrangements required by the Totalizator Act 1997 that replaces the agreement referred to in paragraph (a) (whether or not the other parties to the agreement have changed).
Part 8 Miscellaneous
50 Reports and recommendations by Authority
The Authority must, when so directed by the Minister, or may, of its own motion, investigate and furnish to the Minister a report and recommendation with respect to any matter relevant to greyhound racing, including any matter with respect to which rules may be made.
51 Production of club records to GRNSW and Authority
(1) In this section:records includes:(a) documents, registers and other records of information, and(b) invoices, receipts, orders for the payment of money, bills of exchange, promissory notes, vouchers and other records of transactions, andhowever compiled, recorded or stored.(c) such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up,(2) GRNSW or the Authority may at any time, by notice in writing, give a direction to:(a) a greyhound racing club, or(b) a person who is or has been an officer or employee of, or an agent, banker, solicitor, auditor or other person acting in any capacity for or on behalf of, a greyhound racing club (including a greyhound racing club that is in the course of being wound up or has been dissolved), orrequiring the production, at such time and place as are specified in the direction, of such records relating to the affairs of the greyhound racing club or greyhound trial track as are so specified.(c) a person who manages or controls a greyhound trial track,(3) Where any records relating to the affairs of a greyhound racing club or greyhound trial track are compiled, recorded or stored by means of a mechanical, electronic or other device, a direction under subsection (2) may require the production of a document containing a clear reproduction in writing of the whole or any part of those records.(4) A person must not, when required under subsection (2) to produce a record:(a) refuse or neglect to produce the record, or(b) produce a record that contains information that to the person’s knowledge is false or misleading in a material particular unless the person discloses that fact when producing the record.Maximum penalty: 5 penalty units.(5) A reference in this section to the affairs of a greyhound racing club is a reference to the affairs of the greyhound racing club that relate, directly or indirectly, to greyhound racing.
52 Secrecy
(1) A person who:(a) acquires information in the exercise of a function under this Act, andis guilty of an offence unless the information is recorded or divulged in the exercise of functions under this Act.(b) directly or indirectly makes a record of the information or divulges it to another person,Maximum penalty: 50 penalty units.(2) Despite subsection (1), information may be divulged:(a) to a particular person or persons, if the Minister certifies that it is necessary in the public interest that the information be divulged to the person or persons, or(b) to a person who is expressly or impliedly authorised to obtain it by the person to whom the information relates, or(c) to the GRNSW, the Authority, Harness Racing New South Wales or the NSW Thoroughbred Racing Board, or(d) to the Director-General of the Department of Gaming and Racing, or(e) to a person or authority prescribed by the regulations.(3) It is not an offence under this section if, in legal proceedings, a person:(a) divulges information in answer to a question that the person is compellable to answer, or(b) produces a document or other thing that the person is compellable to produce.(4) A body or person to whom information is divulged under this section, and a person or employee under the control of that body or person, are, in respect of that information, subject to the same rights, privileges and duties under this section as they would be if that body, person or employee were a person exercising functions under this Act and had acquired the information in the exercise of those functions.(5) This section does not apply to the divulging of information to any of the following:(a) the Independent Commission Against Corruption,(b) the Australian Crime Commission,(c) the New South Wales Crime Commission,(d) the Ombudsman,(e) the Police Integrity Commission,(f) the Inspector of the Police Integrity Commission,(g) any other person or body prescribed by the regulations for the purposes of this subsection.(6) This section does not prevent a person being given access to a document in accordance with the Freedom of Information Act 1989.(7) In this section, a reference to the divulging of information includes a reference to the production of a document or other thing and the provision of access to the document or other thing.s 52: Am 2003 No 13, Sch 1.11.
53 Delegation
(1) Subject to subsection (2), GRNSW may delegate the exercise of its functions to:(a) a member of GRNSW or the chief executive officer of GRNSW, or(b) a committee comprised of, or a combination of, those persons.(2) GRNSW must not delegate a function relating to registration, or the suspension or cancellation of registration, under this Act.(3) Subject to subsection (4), the Authority may delegate the exercise of its functions to:(a) a member of the Authority or the chief executive officer of the Authority, or(b) a committee comprised of, or a combination of, those persons.(4) The Authority must not delegate a function relating to the suspension or cancellation of registration under this Act or the taking of any other disciplinary action under this Act.Note—The functions of the Authority under Division 1 of Part 3 may be conferred on stewards appointed by the Authority by rules made under section 25 (2) (j).
54 Protection from personal liability
Anything done or omitted to be done by:(a) GRNSW, the Authority or the Advisory Committee, or(b) a member of GRNSW, the Authority or the Advisory Committee, or(c) the chief executive officer of GRNSW or the Authority, or(d) any steward appointed by the Authority, ordoes not subject the member, chief executive officer, steward or a person so acting personally to any action, liability, claim or demand if the thing was done or omitted to be done in good faith for the purposes of executing this or any other Act.(e) any person acting under the direction of GRNSW, the Authority or the Advisory Committee,
55 Authentication of certain documents
(1) Any summons, process, demand, order, notice, statement, direction or other document requiring authentication by GRNSW is sufficiently authenticated without the seal of GRNSW if signed by the chairperson of GRNSW, the chief executive officer of GRNSW or another member of staff of GRNSW authorised to do so by the chief executive officer.(2) Any summons, process, demand, order, notice, statement, direction or other document requiring authentication by the Authority is sufficiently authenticated without the seal of the Authority if signed by the chairperson of the Authority, the chief executive officer of the Authority, or any other member of staff of the Authority authorised to do so by the chief executive officer.
56 Proof of certain matters not required
In any legal proceedings, proof is not required (until evidence is given to the contrary) of the following matters:(a) the constitution of GRNSW or the Authority,(b) any resolution of GRNSW or the Authority,(c) the appointment of, or the holding of office by, any member of GRNSW or the Authority,(d) the presence of a quorum at any meeting of GRNSW or the Authority.
57 Recovery of money
(1) Any charge, fee or other money due to GRNSW may be recovered by GRNSW as a debt in a court of competent jurisdiction.(2) Any charge, fee, fine (as referred to in section 23 (1) (f)) or other money due to the Authority may be recovered by the Authority as a debt in a court of competent jurisdiction.
58 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before a Local Court.
59 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to:(a) any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act, and(b) any matter for or with respect to which rules may be made.(2) If there is any inconsistency between the regulations and the rules, the regulations prevail.(3) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.(4) A reference in Division 1 of Part 3 to the rules includes a reference to regulations in so far as the regulations make provision for or with respect to any of the matters mentioned in that Division.
60 Repeal of Greyhound Racing Authority Act 1985 No 119
(1) The Greyhound Racing Authority Act 1985 is repealed.(2) Different days may be appointed for the repeal of different provisions of the Greyhound Racing Authority Act 1985.
61 Amendment of other Acts
Each Act specified in Schedule 5 is amended as set out in that Schedule.
62 Savings, transitional and other provisions
Schedule 6 has effect.
63 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1 Provisions relating to GRNSW
(Section 6)
1 Definitions
In this Schedule:Chairperson means the Chairperson of GRNSW.member means a member of GRNSW.nominated member means a member of GRNSW referred to in section 8 (1) (a)–(d).
2 Deputies of members
(1) A nominated member of GRNSW may from time to time appoint a person to be the deputy of the member, and may at any time revoke any such appointment.(2) A person cannot be appointed as a deputy of a nominated member if the person is not eligible to be a member of GRNSW.(3) In the absence of a nominated member due to illness or other reasonable cause, the member’s deputy may, if available, act in the place of the member and while so acting has all the functions of the member and is taken to be the member.(4) GRNSW may at any time revoke a person’s appointment as deputy of a nominated member.
3 Term of office of members
(1) The term of office of a member is, unless the member sooner ceases to hold the office, 3 years, but the member is eligible (if otherwise qualified) for re-nomination or re-selection to the position of member.(2) The term of office of a member begins:(a) in the case of a nominated member, on the date on which the relevant nomination takes effect, and(b) in the case of the Chairperson, on a date determined by resolution of GRNSW.
4 Remuneration
(1) A member of GRNSW is entitled to be paid:(a) remuneration consisting of a base amount adjusted annually in accordance with the annual percentage increase (if any) in the Consumer Price Index, and(b) allowances to reimburse the member for expenses that the member may incur (for travel or accommodation, for example).(2) In this clause:base amount means an amount determined for the purposes of this clause by the Statutory and Other Offices Remuneration Tribunal (which determination, whenever made, is taken to be effective on the commencement of this subclause).Consumer Price Index means the number appearing in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.
5 Vacation of office
(1) The office of a member becomes vacant if the member:(a) dies, or(b) completes a term of office and is not re-nominated or re-selected, as the case may be, or(c) resigns the office by instrument in writing addressed to GRNSW, or(d) is absent from 4 consecutive meetings of GRNSW of which reasonable notice has been given to the member personally or by post, except on leave granted by GRNSW or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by GRNSW for having been absent from those meetings, or(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(f) becomes a mentally incapacitated person, or(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(h) becomes a person who is not eligible to be a member, or(i) is removed from office under subclause (2).(2) The Governor may, on the recommendation of GRNSW, remove a member from office for incapacity, incompetence or misbehaviour.(3) A member does not vacate office merely because of the withdrawal of his or her nomination by the body that nominated the member.
6 Member vacancies to be filled
(1) When the office of a nominated member becomes vacant, a person is to be nominated to fill the vacancy in the same way as the person whose office has become vacant was nominated.(2) When the office of the Chairperson becomes vacant, a person is to be selected to fill the vacancy in accordance with section 8 (3).(3) A person nominated or selected to fill a casual vacancy under this clause is to hold office for the balance of the term of office of the person’s predecessor or until the person sooner vacates the office. Such a person is eligible for re-nomination or re-selection, as the case may be, if otherwise qualified.
7 Presiding member
(1) The Chairperson or, in the absence of the Chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of GRNSW.(2) The person presiding at a meeting of GRNSW has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
8 Voting
A decision supported by a majority of the votes cast at a meeting of GRNSW at which a quorum is present is the decision of GRNSW.
9 Transaction of business outside meetings or by telephone
(1) GRNSW 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 GRNSW.(2) GRNSW may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if a member who speaks on a matter at the meeting can be heard by the other members.(3) For the purposes of:(a) the approval of a resolution under subclause (1), orthe Chairperson and each other member have the same voting rights as they have at an ordinary meeting of GRNSW.(b) a meeting held in accordance with subclause (2),(4) A resolution approved under subclause (1) is to be recorded in the minutes of the meetings of GRNSW.(5) Papers may be circulated among members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
10 Disclosure of pecuniary interests by members
(1) If:(a) a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of GRNSW or the committee, andthe 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 GRNSW or the committee.(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,(2) A disclosure by a member at a meeting of GRNSW 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, oris 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 subclause (1).(c) has some other specified interest relating to a specified company or other body or to a specified person,(3) Particulars of any disclosure made under this clause must be recorded by GRNSW in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of a reasonable fee determined by GRNSW.(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless GRNSW otherwise determines:(a) be present during any deliberation of GRNSW with respect to the matter, or(b) take part in any decision of GRNSW with respect to the matter.(5) For the purpose of the making of a determination by GRNSW under subclause (4), a member who has a pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of GRNSW for the purpose of making the determination, or(b) take part in the making by GRNSW of the determination.(6) A contravention of this clause does not invalidate any decision of GRNSW.
11 Pecuniary interests required to be disclosed
(1) For the purposes of clause 10, a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated as provided by subclauses (3)–(5).(2) A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter.(3) For the purposes of clause 10, a person has a pecuniary interest in a matter if the pecuniary interest is the interest of:(a) the person, or(b) another person with whom the person is associated as provided by this clause.(4) A person is taken to have a pecuniary interest in a matter if:(a) the person’s spouse or de facto partner or a relative of the person, or a partner or employer of the person, has a pecuniary interest in the matter, or(b) the person, or a nominee, partner or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.(5) However, a person is not taken to have a pecuniary interest in a matter as referred to in subclause (4):(a) if the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or(b) just because the person is a member of, or is employed by, a statutory body or is employed by the Crown, or(c) just because the person is a member of a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.
12 Duty of members to act in interests of public and industry
It is the duty of each member of GRNSW to act in the public interest and in the interests of the greyhound racing industry as a whole. (For example, in the case of a nominated member, this duty requires the member to put the interest to which the duty relates before the interests of the body that nominated the member.)
13 General procedure
The procedure for the calling of meetings of GRNSW and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by GRNSW.
14 Quorum
The quorum for a meeting of GRNSW is a majority of its members.
15 First meeting
The Minister may call the first meeting of GRNSW in such manner as the Minister thinks fit.
16 Code of conduct
(1) GRNSW must adopt a code of conduct to be observed by members, delegates and staff of GRNSW.(2) GRNSW must review its code of conduct at least every 3 years and make such changes to it as it considers appropriate.
17 Effect of certain other Acts
(1) The Public Sector Management Act 1988 does not apply to or in respect of the appointment of a member.(2) If by or under any Act provision is made:(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, orthe provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.(b) prohibiting the person from engaging in employment outside the duties of that office,
Schedule 2 Provisions relating to Authority
(Section 13)
1 Definitions
In this Schedule:Chairperson means the Chairperson of the Authority.Deputy Chairperson means Deputy Chairperson of the Authority.member means any member of the Authority.
2 Terms of office of members
Subject to this Schedule, a member holds office for such period (not exceeding 3 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
3 Remuneration
A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
4 Deputies
(1) The Governor may, from time to time, appoint persons to be the deputies of members, and the Governor may revoke any such appointment.(2) In the absence of a member, a deputy appointed under subclause (1) may act in the place of the member.(3) The Chairperson may determine which deputy appointed under subclause (1) may act in the place of an absent member.(4) While acting in the place of a member, a person:(a) has all the functions of the member and is taken to be a member, and(b) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.(5) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.
5 Vacancy in office of member
(1) The office of a member becomes vacant if the member:(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is absent from 4 consecutive meetings of the Authority of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from those meetings, or(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(f) becomes a mentally incapacitated person, or(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(h) becomes a person who is not eligible to be a member, or(i) is removed from office by the Minister under subclause (2).(2) The Minister may at any time remove a member from office.
6 Filling of vacancy in office of member
If the office of any member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
7 Presiding member
(1) The Chairperson is to preside at a meeting of the Authority, or in the absence of the Chairperson, the Deputy Chairperson.(2) The person presiding at a meeting of the Authority has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
8 Voting
A decision supported by a majority of the votes cast at a meeting of the Authority at which a quorum is present is the decision of the Authority.
9 Transaction of business outside meetings or by telephone
(1) The Authority may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Authority for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Authority.(2) The Authority may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.(3) For the purposes of:(a) the approval of a resolution under subclause (1), orthe Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Authority.(b) a meeting held in accordance with subclause (2),(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Authority.(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
10 Disclosure of pecuniary interests
(1) If:(a) a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of the Authority, andthe 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 Authority.(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,(2) A disclosure by a member at a meeting of the Authority 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, oris 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 subclause (1).(c) has some other specified interest relating to a specified company or other body or to a specified person,(3) Particulars of any disclosure made under this clause must be recorded by the Authority in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of a reasonable fee determined by the Authority.(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Authority otherwise determines:(a) be present during any deliberation of the Authority with respect to the matter, or(b) take part in any decision of the Authority with respect to the matter.(5) For the purposes of the making of a determination by the Authority under subclause (4), a member who has a pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Authority for the purpose of making the determination, or(b) take part in the making by the Authority of the determination.(6) A contravention of this clause does not invalidate any decision of the Authority.
11 Pecuniary interests required to be disclosed
(1) For the purposes of clause 10, a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated as provided by subclauses (3)–(5).(2) A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter.(3) For the purposes of clause 10, a person has a pecuniary interest in a matter if the pecuniary interest is the interest of:(a) the person, or(b) another person with whom the person is associated as provided by this clause.(4) A person is taken to have a pecuniary interest in a matter if:(a) the person’s spouse or de facto partner or a relative of the person, or a partner or employer of the person, has a pecuniary interest in the matter, or(b) the person, or a nominee, partner or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.(5) However, a person is not taken to have a pecuniary interest in a matter as referred to in subclause (4):(a) if the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or(b) just because the person is a member of, or is employed by, a statutory body or is employed by the Crown, or(c) just because the person is a member of a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.
12 General procedure
The procedure for the calling of meetings of the Authority and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Authority.
13 Quorum
The quorum for a meeting of the Authority is a majority of its members.
14 First meeting
The Minister may call the first meeting of the Authority in such manner as the Minister thinks fit.
15 Code of conduct
(1) The Authority must adopt a code of conduct to be observed by members, delegates and staff of the Authority.(2) The code of conduct must be approved by the Minister before it is adopted.(3) The Authority must review its code of conduct at least every 3 years and make such changes to it as it considers appropriate.(4) Any changes proposed to the code of conduct must be approved by the Minister.
16 Effect of certain other Acts
(1) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of a member.(2) If by or under any Act provision is made:(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, orthe provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.(b) prohibiting the person from engaging in employment outside the duties of that office,
Schedule 3 Provisions relating to Tribunal
(Section 37)
1 Term of office
Subject to this Act, a person appointed as:(a) the Tribunal, oris to hold office for such period, not exceeding 3 years, as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.(b) an assessor,
2 Effect of appointment of a judge as Tribunal
(1) A person’s tenure of the office of judge of a court, or the person’s rank, title, status, precedence, salary or other rights or privileges as a holder of that office, is not affected by:(a) the appointment of the person as, or to act as, the Tribunal, or(b) the person’s service as the Tribunal.(2) A judge of any court may exercise the functions of a judge of that court despite holding office as, or acting as, the Tribunal.(3) The service, as the Tribunal, of a judge of any court is, for all purposes, taken to be service as a judge of that court.
3 Remuneration
A person (not being a judge of any court) holding office as, or acting as, the Tribunal and an assessor are entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of each of them.
4 Vacation of office
(1) A person (being a judge of any court) holding office as the Tribunal is taken to have vacated that office if the person:(a) ceases to be a judge of that court, or(b) resigns that office by instrument in writing addressed to the Minister.(2) A person (not being a judge of any court) holding office as the Tribunal or a person holding office as an assessor is taken to have vacated that office if the person:(a) dies, or(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration, or(c) becomes a mentally incapacitated person, or(d) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or upwards, or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(e) resigns that office by instrument in writing addressed to the Minister, or(f) is removed from office by the Minister under subclause (3).(3) The Minister may remove from office:(a) a person (not being a judge of any court) holding office as, or appointed to act as, the Tribunal, or(b) an assessor.
5 Effect of Public Sector Management Act 1988
The Public Sector Management Act 1988 does not apply to or in respect of the appointment of:(a) a person as, or to act as, the Tribunal, orand a person holding office as, or acting as, the Tribunal or an assessor is not, as the Tribunal or an assessor, subject to that Act.(b) an assessor,
6 Staff to assist Tribunal
For the purposes of this Act, and if the Minister so approves, the Tribunal may make use of the services of:(a) any staff of the Authority, or(b) any staff of a Department in the Minister’s administration.
Schedule 4 Provisions relating to Advisory Committee
(Section 38)
1 Definition
In this Schedule, member means a member of the Advisory Committee.
2 Term of office of members
The members of the Advisory Committee each hold office for a period of 2 years.
3 Membership is honorary
The members of the Advisory Committee are honorary members and no remuneration is payable to them in respect of the duties they perform as members. The members are however entitled to be reimbursed by GRNSW for reasonable expenses (such as for travel or accommodation) that they may incur in attending meetings of the Advisory Committee.
4 Vacation of office
(1) The office of a member of the Advisory Committee becomes vacant if the member:(a) dies, or(b) completes a term of office and is not re-nominated or re-selected, or(c) resigns the office by instrument in writing addressed to the Minister and the Advisory Committee, or(d) is absent from 2 consecutive meetings of the Advisory Committee of which reasonable notice has been given to the member personally or by post, except on leave granted by the Advisory Committee or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Advisory Committee for having been absent from those meetings, or(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(f) becomes a mentally incapacitated person, or(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(h) becomes a person who is not eligible to be a member, or(i) is removed from office under subclause (2).(2) The Minister may, on the recommendation of the Advisory Committee, remove a member of the Advisory Committee from office for incapacity, incompetence or misbehaviour.(3) A member of the Advisory Committee does not vacate office merely because of the withdrawal of his or her nomination by the body that nominated the member.
5 Chairperson and Deputy Chairperson of Advisory Committee
(1) The Advisory Committee is to elect a Chairperson from among its members.(2) The Advisory Committee may also elect a Deputy Chairperson from among its members.(3) The Advisory Committee may remove a person from office as Chairperson or Deputy Chairperson of the Advisory Committee at any time.(4) A member elected as Chairperson or Deputy Chairperson holds office as such for 1 year unless the member ceases to hold that office sooner.(5) A member is eligible to be re-elected as Chairperson or Deputy Chairperson but is not eligible to serve more than 3 consecutive terms as either Chairperson or Deputy Chairperson.(6) A person ceases to hold office as Chairperson or Deputy Chairperson if he or she:(a) resigns the office by instrument in writing addressed to the Minister and the Advisory Committee, or(b) is removed from that office by the Advisory Committee, or(c) ceases to hold office as a member of the Advisory Committee.(7) To be elected or removed from office as Chairperson or Deputy Chairperson requires a simple majority of the members present and voting at a meeting of the Advisory Committee at which a quorum is present.(8) The Chairperson or Deputy Chairperson does not cease to be a member of the Advisory Committee merely because he or she ceases to be Chairperson or Deputy Chairperson.
6 Member vacancies to be filled
(1) When the office of a member becomes vacant, a person is to be nominated or selected to fill the vacancy in the same way as the person whose office has become vacant was nominated or selected.(2) A person nominated or selected to fill a casual vacancy as a member is to hold office for the balance of the term of office of the person’s predecessor or until the person sooner vacates the office. Such a person is eligible for re-nomination or re-selection if otherwise qualified.
7 Procedure and meetings
(1) The Advisory Committee may regulate its proceedings as it considers appropriate, subject to this clause.(2) The quorum for a meeting of the Advisory Committee is a majority of its members.(3) The Advisory Committee is to meet not less than 4 times a year.(4) The Advisory Committee is to hold at least 2 joint meetings a year with GRNSW and at least 2 joint meetings a year with the Authority. The appropriate quorum of each body is to be present at joint meetings.(5) The Advisory Committee may hold joint meetings for the purposes of subclause (4) with both the GRNSW and the Authority at the same time.(6) The Advisory Committee, GRNSW or the Authority can request the holding of 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).(7) Meetings of the Advisory Committee are to be held at the premises of the Committee unless the Committee approves of a meeting being held elsewhere.
8 Presiding member
(1) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson is to preside at a meeting of the Advisory Committee.(2) If neither the Chairperson nor Deputy Chairperson is present at a meeting, the members present may elect one of their number to preside at the meeting.(3) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
9 Decisions of Advisory Committee
A decision supported by a majority of the votes cast at a meeting of the Advisory Committee at which a quorum is present is the decision of Advisory Committee.
10 Administrative support
The Authority is to provide the administrative support needed for the meetings of the Advisory Committee.
Schedule 5 Amendment of other Acts
(Section 61)
Schedule
Omit “Greyhound Racing Authority (NSW)”.Insert instead “Greyhound Racing Authority”.
[1] Section 84 Establishment of the Fund
Omit “from the Greyhound Racing Authority (NSW) Fund” from section 84 (1) (c).Insert instead “from an account established under section 46 of the Greyhound Racing Act 2002”.
[2] Section 84 (3)
Omit “the Greyhound Racing Authority (NSW) Fund (established under the Greyhound Racing Authority Act 1985)”.Insert instead “an account established under section 46 of the Greyhound Racing Act 2002”.
[3] Section 84 (3)
Omit “Greyhound Racing Authority (NSW)”.Insert instead “Greyhound Racing Authority”.
[1] Section 17DC Matters arising under the Greyhound Racing Act 2002
Omit “Greyhound Racing Authority Act 1985” from section 17DC (a).Insert instead “Greyhound Racing Act 2002”.
[2] Section 17DC (b)
Omit “Greyhound Racing Authority (NSW)”.Insert instead “Greyhound Racing Authority”.
[3] Schedule 2 Proceedings of public concern and official and public documents and records
Omit clause 2 (13B). Insert instead:(13B) without limiting the operation of any other subclause, proceedings:(a) at an inquiry conducted by the Greyhound Racing Authority in the exercise of its functions (including the exercise of any such functions by a steward of that Authority), and(b) on an appeal to that Authority or the Greyhound Racing Appeals Tribunal under the Greyhound Racing Act 2002,
Schedule 1 Employers
Omit “Greyhound Racing Authority (NSW)”.Insert instead “Greyhound Racing Authority”.
Schedule 4 Employing authorities
Omit “Greyhound Racing Authority (NSW)”.Insert instead “Greyhound Racing Authority”.
Section 4 Definitions
Omit “the Greyhound Racing Authority (NSW)” from the definition of racing club in section 4 (1).Insert instead “Greyhound Racing New South Wales”.
Section 4D Sweepstakes in relation to Melbourne Cup and other events
Omit “Greyhound Racing Authority Act 1985” from the definition of prescribed organisation in section 4D (1).Insert instead “Greyhound Racing Act 2002”.
Schedule 2
Omit “Greyhound Racing Authority (NSW)”.Insert instead “Greyhound Racing Authority”.
Schedule 3 Employers
Omit “The Greyhound Racing Authority (NSW)”.Insert instead “The Greyhound Racing Authority”.
Schedule 2 Statutory bodies
Omit “Greyhound Racing Authority (NSW)”.Insert instead “Greyhound Racing Authority”.
[1] Schedule 3 Declared authorities
Omit “Greyhound Racing Authority (NSW)”.Insert instead “Greyhound Racing Authority”.
[2] Schedule 3A Chief executive positions
Omit “Greyhound Racing Authority (NSW)” from Part 3.Insert instead “Greyhound Racing Authority”.
[1] Section 4 Definitions
Omit “the Greyhound Racing Authority (NSW)” from the definition of controlling body.Insert instead “Greyhound Racing New South Wales”.
[2] Section 26C Bookmakers Revision Committee
Omit “Greyhound Racing Authority (NSW)” from section 26C (1) (d).Insert instead “Greyhound Racing Authority”.
Section 30 Rules of registered clubs
Omit “the Greyhound Racing Authority (NSW)” from section 30 (5A) (c).Insert instead “Greyhound Racing New South Wales”.
Schedule 1 Employers
Omit “Greyhound Racing Authority (NSW)”.Insert instead “Greyhound Racing Authority”.
Schedule 1 Employers
Omit “Greyhound Racing Authority (NSW)”.Insert instead “Greyhound Racing Authority”.
Schedule 3 List of employers
Omit “Greyhound Racing Authority (NSW)”.Insert instead “Greyhound Racing Authority”.
Section 7 Certain persons not eligible for membership
Omit section 7 (1) (b1). Insert instead:(b1) is registered by or with the Greyhound Racing Authority under the Greyhound Racing Act 2002,
[1] Section 6A Controlling bodies
Omit “Greyhound Racing Authority (NSW)” wherever occurring.Insert instead “Greyhound Racing New South Wales”.
[2] Section 105 Secrecy
Insert “, Greyhound Racing New South Wales” before “or” where firstly occurring in section 105 (2) (c).
[3] Schedule 2 Savings, transitional and other provisions
Omit “the Greyhound Racing Authority (NSW)” from clause 11 (5) (e).Insert instead “Greyhound Racing New South Wales, the Greyhound Racing Authority”.
Schedule 6 Savings, transitional and other provisions
(Section 62)
Part 1 General
1 Regulations
(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act(2) A provision of a regulation authorised by this clause may, if the regulations so provide, take effect as from the date of assent to the Act concerned or as from a later day.(3) To the extent to which a provision of a regulation authorised by this clause takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State), in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this Act
Division 1 Interpretation
2 Definitions
In this Part:former Act means the Greyhound Racing Authority Act 1985.former Authority means the Greyhound Racing Authority (NSW) constituted under the former Act.new Authority means the Greyhound Racing Authority constituted by section 13.
Division 2 Dissolution of former Authority
3 Dissolution of former Authority
(1) The former Authority is dissolved.(2) No remuneration or compensation is payable to any director of the former Authority as a result of its dissolution.
4 References to former Authority
Regulations may be made under clause 1 that require references in any other Act, in any instrument made under another Act, or in any document of any kind, to the former Authority to be read as, or as including, a reference to GRNSW or the new Authority, or both.
5 Constitution of GRNSW
(1) GRNSW may be constituted, and may select a chairperson and a chief executive officer, in accordance with the provisions of Division 1 of Part 2 even if those provisions have not commenced.(2) However, GRNSW has no functions before the dissolution of the former Authority (other than a function under section 49 (9)).(3) As soon as practicable after the commencement of this clause, the Minister is to call for nominations for the first membership of GRNSW.(4) Nominations are to be in writing addressed to the Minister.(5) The Minister may give directions generally for facilitating the constitution of the first membership of GRNSW.(6) GRNSW is formally constituted for the purposes of this Act on a day (the constitution day) appointed by the Minister by notice published in the Gazette.Editorial note—Constitution day: 9.9.2002. See Gazette No 144 of 13.9.2002, p 8124.(7) The Minister can appoint a day as the constitution day even if all the members of GRNSW have not been nominated by that day.(8) The terms of office of the first members of GRNSW begin on the constitution day but the terms of office of those first members are extended by the period between the constitution day and the date of dissolution of the former Authority.
6 Transfer of assets, rights and liabilities of former Authority
(1) In this clause:transferee, in relation to the transfer of an asset, right or liability by or under this clause, means the body to which the asset, right or liability is transferred.transferor, in relation to the transfer of an asset, right or liability by or under this clause, means the body from which the asset, right or liability is transferred.(2) On the dissolution of the former Authority, the assets, rights and liabilities of the former Authority are transferred to the new Authority.(3) The Minister may, by order in writing, transfer to GRNSW such of the assets, rights and liabilities of the new Authority that were transferred to the new Authority by subclause (2) and as are specified or referred to in the order.(4) One or more orders may be made under subclause (3) at the same or at different times.(5) An order under subclause (3) may be made on such terms and conditions as are specified in the order.(6) On and from the date on which any asset, right or liability is transferred by subclause (2) or under subclause (3), the following provisions have effect with respect to the transfer:(a) the transferred asset vests in the transferee by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the transferred rights and liabilities become by virtue of this clause the rights and liabilities of the transferee,(c) all proceedings relating to the asset, right or liability commenced before the transfer day by or on behalf of, or against, the transferor and pending immediately before the transfer day are taken to be proceedings pending by or against the transferee,(d) any act, matter or thing done or omitted to be done in relation to the asset, right or liability before the transfer day by, to or in respect of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee.(7) The operation of this clause 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.(8) No attornment to the new Authority by a lessee of the former Authority is required.(9) No attornment to GRNSW by a lessee of the former Authority or the new Authority is required.
7 Duty and other fees
A transfer agreement or an instrument executed only for a purpose ancillary to or consequential on the operation of this Part or the purpose of giving effect to this Part:(a) is not chargeable with duty, and(b) is exempt from payment of any other fee or charge that would otherwise be payable under any other Act in respect of the registration of any such instrument.
8 Actions of former Authority
Anything done by the former Authority relating to a registration, suspension, disqualification or prohibition under the former Act before the dissolution of the former Authority is, after that dissolution, taken to have been done under the relevant provisions of this Act by whichever of GRNSW or the new Authority has that function after the dissolution.
Division 3 Staff of former Authority transferred to new Authority
9 Chief Executive Officer of former Authority and stewards
(1) The person holding office as the Chief Executive Officer of the former Authority immediately before the commencement of this clause is taken to have been appointed under this Act to the office of Chief Executive Officer of the new Authority for the remainder of the term of office, and on the same terms and conditions, that applied to the person’s appointment as Chief Executive Officer of the former Authority.(2) A person holding office as a steward under the former Act immediately before the commencement of this clause is taken to have been appointed to that office under this Act on the same terms and conditions that applied to the person’s appointment as steward under the former Act.
10 Staff of former Authority
(1) On the dissolution of the former Authority, each member of staff of the former Authority is transferred to the employment of the new Authority.(2) Each such member of staff becomes after the transfer a member of staff of the new Authority and continues (until other provision is duly made) to be employed in accordance with the awards, agreements and determinations applying, immediately before the transfer, to members of the staff of the former Authority.(3) Neither the contract of employment nor the period of employment of each member of staff concerned is taken to have been broken by the operation of this Act for the purposes of any law, award or agreement relating to the employment of that member of staff.(4) Without limiting this clause, this Act does not affect any accrued rights that the member of staff concerned had immediately before the transfer in relation to any kind of leave.(5) A member of staff concerned is not entitled to receive any payment or other benefit merely because the member ceases to be an employee of the former Authority.(6) A member of staff concerned is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service.
Division 4 Staff of new Authority transferring to GRNSW
11 Interpretation
(1) In this Division:LGSS means the local government superannuation scheme.relevant employee means a person who:(a) is employed by GRNSW, and(b) immediately before being so employed was an employee of the new Authority, and(c) was, at any time while being employed by the new Authority, a member of or contributor to a SAC scheme.(2) Expressions used in this Schedule have the same meaning as in the Superannuation Administration Act 1996.
12 Transfer of employees to another superannuation scheme
(1) The Treasurer may by order in writing transfer a relevant employee from a SAC scheme to:(a) the LGSS, or(b) another superannuation scheme (whether or not established under an Act) that is designated by the Treasurer for the purposes of this clause by order in writing.(2) The superannuation scheme to which a person is transferred under this clause is referred to in this Division as the new scheme and the person is referred to in this Division as a transferred person.(3) The Treasurer is not to make such an order in respect of a person unless the person has, no later than 3 months after the date on which the person ceased to be employed by the new Authority, elected, by notice in writing given to the Trustee, to transfer to the new scheme.(4) The Treasurer, and SAC are to take all necessary steps generally to facilitate the superannuation coverage of transferred persons by the new scheme.(5) For that purpose, the Treasurer may enter into arrangements with the trustee of the new scheme, including arrangements for the amendment of any relevant trust deed.(6) Section 127 of the Superannuation Administration Act 1996 does not limit or otherwise affect the operation of this clause and in particular does not prevent the transfer to the LGSS of transferred persons or the superannuation coverage of transferred persons by the LGSS.(7) An order under this clause may be made to take effect on and from a day specified in the order, whether or not the day specified is earlier than the day of publication of the order.
13 Regulations
(1) Regulations may be made for or with respect to the transfer of a relevant employee from a SAC scheme to the new scheme in accordance with a direction of the Treasurer under this Division.(2) In particular, regulations may be made for or with respect to the following:(a) the transfer of assets and liabilities of a SAC scheme, in respect of a transferred person, to the new scheme,(b) the transfer of assets and liabilities within a SAC scheme, or between any such schemes, from any reserve in respect of the employer or former employer of a transferred person to the Crown’s reserve,(c) the preservation or deferral of benefits of transferred persons,(d) the entitlements, rights and obligations under the new scheme of a transferred person,(e) providing for the resolution, by a prescribed authority or person, of all disputes, or of any prescribed class of disputes, concerning the entitlements, rights and obligations of a transferred person under the new scheme.(3) A regulation made under this clause has effect despite any provision of an Act under which a SAC scheme is constituted.(4) A provision of a regulation made under this clause may be made to take effect on and from a day on which an order under clause 12 takes effect, whether or not that day is earlier than the day of publication of the regulation.
14 Mobility between new scheme and public sector schemes
For the purposes of section 128A of the Superannuation Administration Act 1996, a transferred person is taken to be an employee referred to in section 128A (3) (a) of that Act.
15 Employment of employees of new Authority to staff of GRNSW
(1) In the period of 12 months after GRNSW is constituted, GRNSW:(a) must notify employees of the new Authority whenever it intends to fill a position in the staff of GRNSW, and(b) give such employees a reasonable opportunity to apply for the position.(2) A person who:(a) applies for a position to be filled as referred to in subclause (1), and(b) is employed by the new Authority at the time of making the application, and(c) was transferred to that employment by the operation of clause 10, andis to be considered for the position in preference to any other applicant for the position who is not such a person.(d) at the time of transfer was performing substantially the same duties for the former Authority as are required to be performed in the position to be filled,(3) The employment of a person referred to in subclause (2) who is appointed to a position in the staff of GRNSW in accordance with this clause is not to be terminated within the period of 12 months after the commencement of the employment on the ground of redundancy arising from the operation of this Act.
Division 5 Appeals and disciplinary inquiries
16 Greyhound Racing Appeals Tribunal
(1) The Greyhound Racing Appeals Tribunal established under the former Act is taken to have been established as the Greyhound Racing Appeals Tribunal under this Act.(2) A person appointed as the Greyhound Racing Appeals Tribunal, or to act as that Tribunal, under the former Act and whose appointment is in force immediately before the commencement of this clause is taken to have been so appointed under this Act.(3) A person appointed as an assessor of the Greyhound Racing Appeals Tribunal under the former Act and whose appointment is in force immediately before the commencement of this clause is taken to have been so appointed under this Act.
17 Appeals and inquiries
(1) Any appeal under the former Act that has not been finally determined at the commencement of this clause may continue to be dealt with under this Act.(2) Despite clause 8, any decision made before the commencement of this clause by the former Authority is, for the purposes of subclause (1), taken to be a decision made by the new Authority.(3) Nothing in this clause enables a person to appeal under this Act against a decision if the person has appealed against the decision under the former Act and the appeal has been finally determined under that Act.(4) Any inquiry commenced under, but not finished before, the repeal of the former Act may be continued by the new Authority under the corresponding provisions of this Act.
Division 6 Commercial agreements
18 Functions under agreement
(1) In this clause, the agreement means the New South Wales Greyhound Racing Industry Intracode Memorandum of Understanding made on 20 February 1998 between the former Authority, the NSW Greyhound Breeders, Owners and Trainers’ Association Limited, NSW National Coursing Association Limited, NSW Greyhound Racing Clubs Association and TAB Greyhound Racing Clubs (NSW).(2) From the commencement of this clause, the functions of the Committee on Budgeting, Industry Development and Distribution under the agreement are to be exercised by GRNSW.(3) This clause has effect despite any provision of the agreement.
Division 7 Miscellaneous
19 References to former Act
A reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the former Act is to be read as a reference to this Act.
20 Accounts
An account established under section 17A of the former Act is taken to have been established under section 46 (2) of this Act.
21 Rules
Any rules made under the former Act and in force immediately before the commencement of this clause are taken to have been made under, and in accordance with, this Act by the new Authority.
22 Regulations
Any regulations made under the former Act and in force immediately before the commencement of this clause are taken to have been made under this Act.
23 Operation of Part
The operation of this Part is subject to the regulations.