An Act to make provision for the establishment, management and functions of Racing New South Wales as the representative body to control thoroughbred horse racing in the State; and for other purposes.
long title: Am 1997 No 24, Sch 1 [1]; 2004 No 23, Sch 1 [1].
Part 1 Preliminary
1 Name of Act
This Act is the Thoroughbred Racing Act 1996.s 1: Am 1997 No 24, Sch 1 [2]; 2004 No 23, Sch 1 [2].
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:additional member means a member of Racing NSW who is appointed to membership under section 6 (1) (i).AJC means the club known as the Australian Jockey Club as referred to in the Australian Jockey Club Act 1873.Appeal Panel means the Appeal Panel provided for by Part 4.Australian Rules of Racing means the Australian Rules of Racing as adopted by the Australian Conference of Principal Racing Clubs.Chairperson means the Chairperson of Racing NSW.Chief Executive means the Chief Executive of Racing NSW from time to time.eligible industry body means any industry body for the time being eligible to nominate a member of Racing NSW referred to in section 6 (1) (e) or (f).exercise a function includes perform a duty.function includes power, authority or duty.horse racing means the racing of galloping horses as referred to in the Australian Rules of Racing.nominated members means the members of Racing NSW who are nominated to membership under section 6 (1) (a)–(f).race club includes any body or other association of persons, whether incorporated or unincorporated, that promotes, conducts or controls, or that is formed for promoting, conducting or controlling, a horse racing meeting or meetings.racing association means an association of race clubs.Racing NSW means Racing New South Wales.RIPAC means the Racing Industry Participants Advisory Committee established by this Act.Rules of Racing means the rules for the time being governing and relating to horse racing under the control of Racing NSW (being an amalgamation of the Australian Rules of Racing and the local rules of racing of Racing NSW, together with the regulations made under those rules).voting members means the nominated members, the Chairperson, and any additional members of Racing NSW.(2) Notes included in this Act are explanatory notes and do not form part of this Act.s 3: Am 1997 No 24, Sch 1 [3]–[5]; 1999 No 66, Sch 1 [1]; 2004 No 23, Sch 1 [4] [5].
Part 2 Racing NSW
pt 2, hdg: Am 1997 No 24, Sch 1 [6].
4 Establishment of Racing NSW
(1) There is established by this Act a body corporate with the corporate name of Racing New South Wales.(2) Racing New South Wales may, in the exercise of its functions, use the name “Racing NSW”.s 4: Subst 1997 No 24, Sch 1 [7]; 2004 No 23, Sch 1 [6].
5 Racing NSW independent of Government
Racing NSW does not represent the Crown and is not subject to direction or control by or on behalf of the Government.s 5: Am 1997 No 24, Sch 1 [5].
6 Membership
(1) Racing NSW consists of the following members:(a) one person nominated by the AJC,(b) one person nominated by the Sydney Turf Club,(c) one person nominated by the Provincial Association of New South Wales,(d) one person nominated by the Board of Directors of the Country Racing Council Limited,(e) one person jointly nominated by eligible industry bodies, who is to represent the interests of owners and breeders of thoroughbred racehorses,(f) one person jointly nominated by eligible industry bodies, who is to represent the interests of licensed trainers, licensed jockeys and apprentice jockeys, licensed bookmakers and bookmakers’ clerks, and stablehands and race club employees,(g) one person selected by the nominated members of Racing NSW, who is to be Chairperson,(h) the Chief Executive,(i) any person who is appointed for the time being by Racing NSW as an additional member in accordance with subsection (4).(2) The nominated members of Racing NSW are to select, by majority vote, the Chairperson from among candidates identified by recruitment agencies as having suitable expertise to hold that office. Racing NSW must commission at least 2 recruitment agencies to identify candidates from whom the selection is to be made.(3) Racing NSW, with the approval of the Minister, is to determine from time to time the industry bodies that are eligible to nominate the member referred to in subsection (1) (e), and those that are eligible to nominate the member referred to in subsection (1) (f), and the criteria on which those members are to be nominated.(4) Racing NSW may from time to time appoint as an additional member of Racing NSW a person who Racing NSW considers has expertise relevant to the functions exercisable by Racing NSW. There must not be at any time more than 2 additional members of Racing NSW.(5) The Chief Executive does not have a vote at meetings of Racing NSW.(6) The nomination of a member for the purposes of this section is to be made in writing to Racing NSW and is to take effect on the day specified in the nomination.s 6: Am 1997 No 24, Sch 1 [5]. Subst 1999 No 66, Sch 1 [2].
7 Certain persons not eligible for membership
(1) A person is not eligible to be a voting member of Racing NSW if the person:(a) is an employee of a race club or racing association, or(b) holds a licence issued by Racing NSW or by a racing association, or(b1) is registered by or with the Greyhound and Harness Racing Regulatory Authority under the Greyhound and Harness Racing Administration Act 2004, or(b2) (Repealed)(c) is currently warned off or disqualified, or is a person whose name is currently on the Forfeits List, under the Australian Rules of Racing, or(d) during the previous 10 years has been convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or(e) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or(f) is a mentally incapacitated person.(2) A person is also not eligible:(a) to be selected as the Chairperson if the person is a member of a committee of any race club or racing association, or of any eligible industry body, or(b) to be appointed as an additional member of Racing NSW if the person is a member of any race club or racing association, or of any eligible industry body.(3) A person who is a member of a racing club or racing association, or of any eligible industry body, is not to hold office as the Chairperson unless the person’s membership of the club, association or body is suspended for the duration of his or her term of office.(4) A person is not eligible:(a) to be a nominated member of Racing NSW for more than 2 consecutive terms of office, or(b) to be the Chairperson for more than 2 consecutive terms of office, orbut there is no limit on the number of non-consecutive terms for which a person can hold any such office. 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.(c) to be an additional member of Racing NSW for more than 8 consecutive years,s 7: Am 1997 No 24, Sch 1 [5] [8]; 1999 No 66, Sch 1 [3] [4]; 1999 No 94, Sch 4.165; 2002 No 38, Sch 5.17; 2002 No 39, Sch 5.12; 2004 No 36, Sch 3.15.
8 Deputies of members
(1) A nominated member of Racing NSW may from time to time appoint a person to be the deputy of the member, and may at any time revoke any such appointment.(1A) A person cannot be appointed as a deputy of a member if the person is not eligible to be a member of Racing NSW.(2) In the absence of a 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. The deputy of a member who is Deputy Chairperson does not have the member’s functions as Deputy Chairperson.(3) Racing NSW may at any time revoke a person’s appointment as deputy of a member.s 8: Am 1997 No 24, Sch 1 [5] [9]; 1999 No 66, Sch 1 [5] [6].
9 Term of office of members
(1) The term of office of a voting member of Racing NSW is as follows, unless the member sooner ceases to hold the office:(a) a nominated member and the Chairperson of Racing NSW each hold office for a period of 4 years,(b) an additional member of Racing NSW holds office for such period, not exceeding 4 years, as Racing NSW determines.(2) The term of office of a voting member of Racing NSW begins:(a) in the case of a nominated member, on the date on which the relevant nomination takes effect, and(b) in any other case, on a date determined by resolution of Racing NSW.s 9: Am 1997 No 24, Sch 1 [5]. Subst 1999 No 66, Sch 1 [7].s 9, note: Rep 1999 No 15, Sch 1 [1].
10 Remuneration
(1) A voting member of Racing NSW 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 he or she may incur (for travel or accommodation, for example).(2) In this section:base amount means an amount determined for the purposes of this section by the Statutory and Other Offices Remuneration Tribunal (which determination, whenever made, is taken to be effective on the commencement of this subsection).Consumer Price Index means the number appearing in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.s 10: Am 1997 No 24, Sch 1 [5]. Subst 1999 No 66, Sch 1 [8].
11 Duty of members to act in interests of public and industry
It is the duty of each voting member of Racing NSW to act in the public interest and in the interests of the horse racing industry as a whole. (For example, in the case of a nominated member, this duty requires the member to put the interests to which the duty relates before the interests of the body that nominated the member.)s 11: Am 1997 No 24, Sch 1 [5]. Subst 1999 No 66, Sch 1 [9].
12 Personal liability
A matter or thing done or omitted to be done by Racing NSW, the Chief Executive, or a member of Racing NSW or any person acting under the direction of Racing NSW does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the Chief Executive, the member or a person so acting personally to any action, liability, claim or demand.s 12: Am 1997 No 24, Sch 1 [5]; 1999 No 66, Sch 1 [10].
13 Functions of Racing NSW
(1) Racing NSW has the following functions:(a) all the functions of the principal club for New South Wales and committee of the principal club for New South Wales under the Australian Rules of Racing,(b) to control, supervise and regulate horse racing in the State,(c) to initiate, develop and implement policies considered conducive to the promotion, strategic development and welfare of the horse racing industry in the State and the protection of the public interest as it relates to the horse racing industry,(d) functions with respect to the insuring of participants in the horse racing industry, being functions of the kind exercised by the AJC on the commencement of this section, and such other functions with respect to insurance in the horse racing industry as may be prescribed by the regulations,(e) such functions as may be conferred or imposed on Racing NSW by or under the Australian Rules of Racing or any other Act,(f) such functions with respect to horse racing in New South Wales as may be prescribed by the regulations.(2) The functions of Racing NSW are not limited by the Australian Rules of Racing.(3) The AJC ceases to have the functions that are solely the functions of the principal club for New South Wales or committee of the principal club for New South Wales under the Australian Rules of Racing.Note—Racing NSW is not authorised to exercise its functions immediately. See clause 2 of Schedule 1 for the procedure for the hand over of functions. Until functions of the AJC are handed over to Racing NSW they can continue to be exercised by the AJC.s 13: Am 1997 No 24, Sch 1 [5] [10] [11].
14 Powers of Racing NSW
(1) Racing NSW has power to do all things that may be necessary or convenient to be done for or in connection with the exercise of its functions.(2) Without limiting subsection (1), Racing NSW has power to do the following:(a) investigate and report on proposals for the construction of new racecourses, and inspect new racecourses or alterations or renovations to existing racecourses,(b) register or licence, or refuse to register or licence, or cancel or suspend the registration or licence of, a race club, or an owner, trainer, jockey, stablehand, bookmaker, bookmaker’s clerk or another person associated with racing, or disqualify or suspend any of those persons permanently or for a specified period,(c) supervise the activities of race clubs, persons licensed by Racing NSW and all other persons engaged in or associated with racing,(d) inquire into and deal with any matter relating to racing and to refer any such matter to stewards or others for investigation and report and, without limiting the generality of this power, to inquire at any time into the running of any horse on any course or courses, whether or not a report concerning the matter has been made or decision arrived at by any stewards,(e) allocate to registered race clubs the dates on which they may conduct race meetings,(f) direct and supervise the dissolution of a race club that ceases to be registered by Racing NSW,(g) appoint an administrator to conduct the affairs of a race club,(h) register and identify galloping horses,(i) disqualify a horse from participating in a race,(j) exclude from participating in a race a horse not registered under the Rules of Racing,(k) prohibit a person from attending at or taking part in a race meeting,(l) impose a penalty on a person licensed by it or on an owner of a horse for a contravention of the Rules of Racing,(m) impose fees for registration of a person or horse,(n) require registered race clubs to pay to it such fees and charges (including fees for registration of a race club) as are required for the proper performance of its functions, calculated on the basis of criteria notified to race clubs by Racing NSW,(o) consult, join, affiliate and maintain liaison with other associations or bodies, whether in the State or elsewhere, concerned with the breeding or racing of galloping horses,(p) enter into contracts,(q) acquire, hold, take or lease and dispose of real and personal property whether in its own right or as trustee,(r) borrow money,(s) order an audit of the books and accounts of a race club by an auditor who is a registered company auditor,(t) scrutinise the constitutions of race clubs to ensure they conform to any applicable Act and the Rules of Racing and that they clearly and concisely express the needs and desires of the clubs concerned and of racing generally,(u) publish material, including periodical publications, to inform and keep informed the public concerning matters relating to racing, whether in the State or elsewhere,(v) undertake research and investigation into all aspects of the breeding of horses and of racing generally,(w) take such steps and do such acts and things as are incidental or conducive to the exercise of its powers and the performance of its functions.s 14: Am 1997 No 24, Sch 1 [5].
14AA Registration and licensing functions of Racing NSW—general
(1) Racing NSW is to exercise its registration and licensing functions so as to ensure that any individuals registered or licensed by Racing NSW are persons who, in the opinion of Racing NSW, are fit and proper persons to be so registered or licensed (having regard in particular to the need to protect the public interest as it relates to the horse racing industry).(2) Without limiting subsection (1), a person is not to be so registered or licensed if the person has a conviction and Racing NSW is of the opinion that the circumstances of the offence concerned are such as to render the person unfit to be so registered or licensed.(3) This section does not limit any provisions of the Rules of Racing relating to the exercise of the registration and licensing functions of Racing NSW.(4) In this section:conviction has the meaning given by the Criminal Records Act 1991 but does not include a conviction that is spent under that Act.registration and licensing functions means the functions referred to in section 14 (2) (b).s 14AA: Ins 2004 No 23, Sch 1 [7].
14A Licensing of bookmakers
(1) An application for a bookmaker licence may be made:(a) by a natural person of or over the age of 18 years, or(b) by a proprietary company.(2) Racing NSW must refuse to licence a proprietary company as a bookmaker unless satisfied that the company is an eligible company.(3) For the purposes of this section, an eligible company means a proprietary company that is registered under 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 licensed as an individual as a bookmaker under this Act, and(c) each director is a shareholder and person concerned in the management of the company, and(d) each shareholder who is not a director is a close family member of a director, and(e) each shareholder or person concerned in the management of the company who is not a director is, in the opinion of Racing NSW, a fit and proper person to be licensed as an individual as a bookmaker under this Act, and(f) subject to the regulations, no person (other than a shareholder) has any interest in the shares or assets of the company.(4) It is a condition of a bookmaker licence granted to a company 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 licensed 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 horse, harness or greyhound race, at a meeting for horse 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 horse 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 licensed 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 licence under this Act, and(d) (Repealed)(e) no director, shareholder or person concerned in the management of the company:(i) is licensed 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 licensed 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) 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) (Repealed)(7) Racing NSW may suspend or cancel a bookmaker licence granted to a company if satisfied that any condition referred to in subsection (4) is contravened in respect of the company. This does not limit the powers of Racing NSW to suspend or cancel the registration of a company as a bookmaker under section 14.(8) Any debt that is incurred by a company in carrying on business as a bookmaker licensed 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 horse racing has the same meaning as in section 4 of the Racing Administration Act 1998.racecourse licensed for horse racing means a racecourse in respect of which a licence for meetings for horse racing granted under section 7 of the Racing Administration Act 1998 is in force.s 14A: Ins 2002 No 15, Sch 3 [1]. Am 2006 No 91, Sch 1.3 [1]–[4].
15 Vacation of office
(1) The office of a voting member of Racing NSW becomes vacant if the member:(a) dies, or(b) completes a term of office and is not re-nominated, re-selected or reappointed, as the case may be, or(c) resigns the office by instrument in writing addressed to Racing NSW, or(d) is absent from 4 consecutive meetings of Racing NSW of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by Racing NSW or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by Racing NSW for having been absent from those meetings, or(e) becomes a person who is not eligible to be a member, or(f) is removed from office under subsection (2).(2) The Governor may, on the recommendation of Racing NSW, remove a nominated member or the Chairperson of Racing NSW from office for incapacity, incompetence or misbehaviour.(3) A member of Racing NSW does not vacate office merely because of the withdrawal of his or her nomination by the body that nominated the member.(4) Racing NSW may remove an additional member of Racing NSW from office at any time.s 15: Am 1997 No 24, Sch 1 [5]; 1999 No 66, Sch 1 [11]–[14].
16 Deputy Chairperson of Racing NSW
(1) The nominated members of Racing NSW may elect a Deputy Chairperson from among the nominated members. Racing NSW may remove a person from office as Deputy Chairperson of Racing NSW at any time.(2) A member elected as Deputy Chairperson holds office as such for 2 years unless the member ceases to hold the office sooner. A member is eligible to be re-elected as Deputy Chairperson but is not eligible to serve more than 3 consecutive terms as Deputy Chairperson.(3) A person ceases to hold office as Deputy Chairperson if he or she:(a) resigns the office by instrument in writing addressed to Racing NSW, or(b) is removed from that office by Racing NSW, or(c) ceases to hold office as a member of Racing NSW.(4) The Deputy Chairperson does not cease to be a member of Racing NSW merely because he or she ceases to be Deputy Chairperson.s 16: Am 1997 No 24, Sch 1 [5] [12]. Subst 1999 No 66, Sch 1 [15].
17 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 6 (2).(3) A person nominated or selected to fill a casual vacancy under this section 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.s 17: Am 1999 No 66, Sch 1 [16].
18 The Chief Executive and other staff
(1) Racing NSW is to employ a Chief Executive and may employ such other staff as it considers necessary for the exercise of its functions. A person is disqualified from being employed as Chief Executive if the person is or becomes an employee of a race club or racing association.(2) Racing NSW may fix the salary, wages and other conditions of employment of the Chief Executive and its other staff, 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 the Chief Executive and the other members of staff of Racing NSW.s 18: Am 1997 No 24, Sch 1 [5].
19 Procedure
(1) Racing NSW may regulate its proceedings as it considers appropriate, subject to this section.(1A) Proceedings in respect of an inquiry conducted by Racing NSW may be conducted in public or in private, or partly in public and partly in private, as Racing NSW may decide.(1B) In conducting an inquiry, Racing NSW may examine any witness on oath or affirmation, or by use of a statutory declaration.(2) The quorum for a meeting of Racing NSW is a majority of the voting members of Racing NSW as constituted for the time being.(3) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson is to preside at a meeting of Racing NSW. 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. 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.(4) A decision supported by a majority of the votes cast at a meeting of Racing NSW at which a quorum is present is the decision of Racing NSW.(5) A failure to nominate a person to a category of nomination specified in section 6 (1) (a)–(f) does not affect the membership of persons who are nominated in accordance with that section.(6) If an eligible industry body fails to participate in the nomination of a member referred to in section 6 (1) (e) or (f), the nomination by the other eligible industry bodies or body, as the case may be, is taken to be effective for the purposes of the relevant provision.s 19: Am 1997 No 24, Sch 1 [5]; 1998 No 66, Sch 1 [1]; 1999 No 66, Sch 1 [17] [18].
20 Transaction of business outside meetings or by telephone
(1) Racing NSW may, if it thinks fit, transact any of its business by the circulation of papers among all of its members, and a resolution in writing approved in writing by a majority of the voting members is taken to be a decision of Racing NSW.(2) Racing NSW 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 subsection (1), orthe Chairperson and each other member have the same voting rights as they have at an ordinary meeting of Racing NSW.(b) a meeting held in accordance with subsection (2),(4) A resolution approved under subsection (1) is to be recorded in the minutes of the meetings of Racing NSW.(5) Papers may be circulated among members for the purposes of subsection (1) by facsimile or other transmission of the information in the papers concerned.s 20: Am 1997 No 24, Sch 1 [5]; 1999 No 66, Sch 1 [19].
21 Disclosure of pecuniary interests by members
(1) If:(a) a member of Racing NSW or of a committee of Racing NSW has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of Racing NSW or the committee, 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 Racing NSW 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 Racing NSW or a committee of Racing NSW that the member:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, 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 subsection (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 section must be recorded by Racing NSW or the committee 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 the reasonable fee determined by Racing NSW.(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless Racing NSW otherwise determines:(a) be present during any deliberation of Racing NSW or the committee with respect to the matter, or(b) take part in any decision of Racing NSW or the committee with respect to the matter.(5) For the purpose of the making of a determination by Racing NSW under subsection (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of Racing NSW for the purpose of making the determination, or(b) take part in the making by Racing NSW of the determination.(6) A contravention of this section does not invalidate any decision of Racing NSW or a committee.s 21: Am 1997 No 24, Sch 1 [5].
22 Committees
(1) Racing NSW may establish committees to assist it in connection with the exercise of any of its functions.(2) A person may be appointed to be a member of such a committee whether or not the person is a member of Racing NSW.(3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by Racing NSW or (subject to any determination of Racing NSW) by the committee.s 22: Am 1997 No 24, Sch 1 [5].
23 Integrity Assurance Committee
(1) Racing NSW must establish a committee to be known as the Integrity Assurance Committee (“the IA Committee”). The IA Committee is to have primary oversight of those aspects of the functions of Racing NSW that relate to race stewards, drug testing and control, licensing, handicapping and horse racing appeals. The IA Committee has such other functions as Racing NSW may confer on it.(2) The IA Committee is to advise Racing NSW on the matters for which it has primary oversight.(3) Racing NSW is to determine the qualifications and disqualifications for membership of the IA Committee and in doing so is to have particular regard to the need to minimise conflicts of interest, such as might arise from a person’s:(a) ownership of horses currently in work, or(b) professional involvement in race preparation, or(c) professional or commercial dealings with any person who holds a licence issued by Racing NSW or by a racing association.s 23: Am 1997 No 24, Sch 1 [5]; 1997 No 147, Sch 2.28; 2004 No 23, Sch 1 [8].
24 Delegation of functions
(1) Racing NSW may delegate to an authorised person or body any of its functions, other than this power of delegation.(2) A delegate may sub-delegate to an authorised person or body any function delegated by Racing NSW if the delegate is authorised in writing to do so by Racing NSW.(3) In this section, means:(a) the Chief Executive or any other member of Racing NSW, or(b) a committee of Racing NSW or any member of such a committee, or(c) a race club or racing association.ss 24–27: Am 1997 No 24, Sch 1 [5].
25 Custody and affixing of seal
(1) The seal of Racing NSW is to be kept in the custody of the Chairperson or such other person as may be authorised by Racing NSW.(2) The seal is to be affixed to documents only in pursuance of a resolution of Racing NSW and by the person having custody of the seal under this section.ss 24–27: Am 1997 No 24, Sch 1 [5].
26 Authentication of documents
Any document requiring authentication by Racing NSW is sufficiently authenticated without the seal of Racing NSW if signed by the Chairperson.ss 24–27: Am 1997 No 24, Sch 1 [5].
27 Recovery of money
Any charge, fee or other money due to Racing NSW may be recovered as a debt in a court of competent jurisdiction.ss 24–27: Am 1997 No 24, Sch 1 [5].
28 Distribution of profit
Racing NSW must distribute all of its profits (if any) to the Consolidated Fund.s 28: Am 1997 No 24, Sch 1 [5]; 1997 No 45, Sch 1.1.
29 Annual report
(1) Racing NSW must, as soon as practicable after 30 June and in any case before 1 November in each year prepare and forward to the Minister a report of its work and activities for the 12 months ending on that 30 June.(2) The report must include copies of the financial statements of Racing NSW 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) Racing NSW is to make copies of the report available to the public at a reasonable price.s 29: Am 1997 No 24, Sch 1 [5].
Part 3 Racing Industry Participants Advisory Committee
30 Establishment of RIPAC
There is established by this Act a committee called the Racing Industry Participants Advisory Committee. The committee may also be called RIPAC.
31 Membership
(1) RIPAC consists of 7 members as follows:(a) 5 members, each nominated to represent one of the following categories of participants in the horse racing industry:(i) owners,(ii) breeders,(iii) licensed trainers,(iv) licensed jockeys and apprentice jockeys,(v) licensed bookmakers and bookmakers’ clerks,(b) 1 member nominated by Unions NSW to represent stablehands and race club employees,(c) 1 member nominated by the other members of RIPAC to represent consumers of racing and betting services, being a person selected from a panel of 3 persons nominated by the Public Interest Advocacy Centre.(2) The members referred to in subsection (1) (a) are to be nominated by the industry bodies that are appropriate to represent the interests of the categories of participants in the horse racing industry that they represent, namely:(a) in the case of owners—the NSW Racehorse Owners Association Limited,(b) in the case of breeders—the New South Wales Bloodhorse Breeders Association Limited and the Commercial Thoroughbred Breeders Association Limited (a joint nomination by both bodies),(c) in the case of licensed trainers—the Australian Trainers Association (NSW Branch) and the Sydney Trainers Association (a joint nomination by both bodies),(d) in the case of licensed jockeys and apprentice jockeys—the NSW Jockeys Association,(e) in the case of licensed bookmakers and bookmakers’ clerks—the NSW Bookmakers Co-operative Society Limited.(3) Racing NSW may, with the approval of the Minister, determine that a particular body or bodies specified in the determination is to replace any body referred to in subsection (2) for the purposes of the making of a nomination under subsection (1) (a), and such a determination has effect accordingly.(3A) The member referred to in subsection (1) (c) is to be nominated by the other members of RIPAC at a meeting of RIPAC at which a quorum is present.(4) The nomination of a member for the purposes of this section is to be made in writing to Racing NSW and is to take effect on the day specified in the nomination.(5) The nomination by the Public Interest Advocacy Centre referred to in subsection (1) (c) is to be made by notice in writing to RIPAC.s 31: Am 1997 No 24, Sch 1 [5]; 2004 No 23, Sch 1 [9]–[11]; 2005 No 64, Sch 2.58.s 31, note: Rep 2004 No 23, Sch 1 [11].
32 Certain persons not eligible for membership
(1) A person is not eligible to be a member of RIPAC if the person:(a) is currently warned off or disqualified, or is a person whose name is currently on the Forfeits List, under the Australian Rules of Racing, or(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 RIPAC 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.s 32: Am 1999 No 94, Sch 4.165.
33 Term of office of members
The members of RIPAC each hold office for a period of 2 years.
34 Membership is honorary
The members of RIPAC 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 Racing NSW for reasonable expenses (such as for travel or accommodation) that they may incur in attending meetings of RIPAC.s 34: Am 1997 No 24, Sch 1 [5].
35 Functions of RIPAC
(1) RIPAC has the following functions:(a) to provide advice to Racing NSW on industry policy and strategic direction,(b) to serve as a channel for communication between the industry stakeholders that it represents and Racing NSW,(c) to provide a forum for discussion of issues of concern and the making of recommendations to Racing NSW,(d) (Repealed)(e) at the request of Racing NSW, to nominate members to serve on committees or working groups established by Racing NSW.(2) Recommendations made by RIPAC to Racing NSW are to be made in writing and tabled at the next meeting of Racing NSW.(3) Racing NSW is to respond to RIPAC in writing in relation to any such recommendations within a reasonable time after they are received.s 35: Am 1997 No 24, Sch 1 [5]; 1999 No 66, Sch 1 [20]; 2004 No 23, Sch 1 [12].
36 (Repealed)
s 36: Am 1997 No 24, Sch 1 [5]. Rep 1999 No 66, Sch 1 [21].
37 Vacation of office
(1) The office of a member of RIPAC becomes vacant if the member:(a) dies, or(b) completes a term of office and is not re-nominated, or(c) resigns the office by instrument in writing addressed to Racing NSW and RIPAC, or(d) is absent from 2 consecutive meetings of RIPAC of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by RIPAC or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by RIPAC for having been absent from those meetings, or(e) becomes a person who is not eligible to be a member, or(f) is removed from office under subsection (2).(2) The Governor may, on the recommendation of RIPAC, remove a member of RIPAC from office for incapacity, incompetence or misbehaviour.(3) A member of RIPAC does not vacate office merely because of the withdrawal of his or her nomination by the body that nominated the member.s 37: Am 1997 No 24, Sch 1 [5].
38 Chairperson and Deputy Chairperson of RIPAC
(1) RIPAC is to elect a Chairperson from among its members. RIPAC may also elect a Deputy Chairperson from among its members. RIPAC may remove a person from office as Chairperson or Deputy Chairperson of RIPAC at any time.(2) A member elected as Chairperson or Deputy Chairperson holds office as such for 1 year unless the member ceases to hold that office sooner. 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.(3) 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 Racing NSW and RIPAC, or(b) is removed from that office by RIPAC, or(c) ceases to hold office as a member of RIPAC.(4) 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 RIPAC at which a quorum is present.(5) The Chairperson or Deputy Chairperson does not cease to be a member of RIPAC merely because he or she ceases to be Chairperson or Deputy Chairperson.s 38: Am 1997 No 24, Sch 1 [5].
39 Member vacancies to be filled
(1) When the office of a member of RIPAC 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) A person nominated 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 if otherwise qualified.
40 Procedure
(1) RIPAC may regulate its proceedings as it considers appropriate, subject to this section.(2) The quorum for a meeting of RIPAC is a majority in number of the members for the time being.(3) RIPAC is to meet not less than 4 times a year and of those meetings at least 2 are to be joint meetings with meetings of Racing NSW (with the appropriate quorum of both Racing NSW and RIPAC present). Either RIPAC or Racing NSW can request the other to hold further joint meetings and such a request must be complied with, up to a further 2 joint meetings in a year (without precluding the holding of further joint meetings by agreement).(3A) The minutes of any joint meeting are to be circulated among both the members of RIPAC and the members of Racing NSW.(4) Meetings of RIPAC are to be held at the premises of Racing NSW unless Racing NSW approves of a meeting being held elsewhere.(5) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson is to preside at a meeting of RIPAC. 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. 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.(6) A decision supported by a majority of the votes cast at a meeting of RIPAC at which a quorum is present is the decision of RIPAC.(7) Racing NSW is to provide the administrative support needed for the meetings of RIPAC.s 40: Am 1997 No 24, Sch 1 [5]; 2004 No 23, Sch 1 [13].
41 Personal liability
A matter or thing done or omitted to be done by RIPAC or a member of RIPAC or any person acting under the direction of RIPAC does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the member or a person so acting personally to any action, liability, claim or demand.
Part 4 Appeal Panel
42 Right of appeal
(1) A person aggrieved by any of the following decisions of a racing authority has a right of appeal against the decision to the Appeal Panel:(a) a decision to disqualify or warn off any person,(b) a decision to disqualify any horse,(c) a decision to revoke the licence or registration of any person or suspend (for any period) any such licence or registration,(d) a decision to fine any person a sum of $10 or more,(e) a decision that Racing NSW determines, by order published in the racing calendar published by Racing NSW, to be a decision that may be appealed against to the Appeal Panel.(1A) Racing NSW has a right of appeal to the Appeal Panel against the following decisions of a racing authority:(a) a decision referred to in subsection (1) (a)–(d),(b) a decision to dismiss a charge against a person for contravention of the Rules of Racing.(2) A means:(a) the stewards of Racing NSW,(b) (Repealed)(c) the committee or stewards of any race club or race meeting registered by Racing NSW under the Rules of Racing,(d) a racing association.(3) Racing NSW may delegate to a racing association the function of hearing and determining appeals against decisions of the committee or stewards of any club over which the association has jurisdiction. Any such delegation may be general or limited to a particular class or classes of appeals.(4) If an appeal against a decision can be heard by a racing association by virtue of such a delegation, an appellant against the decision has the choice of appealing to the Appeal Panel or to the racing association (but cannot appeal to both).(5) A decision of a racing association on an appeal heard by the racing association by virtue of a delegation under this section, or on an appeal under the Rules of Racing, cannot be appealed against to the Appeal Panel.(6) If the Rules of Racing confer on a person a right of appeal against a decision to the principal club for New South Wales, or the committee of the principal club, and the person has a right of appeal against the decision under this section, the person does not have a right of appeal to Racing NSW (despite the provisions of the Rules of Racing). The function of hearing and determining appeals against decisions that may be appealed against under this section is to be exercised by the Appeal Panel or by a racing association to which that function is delegated under this section, and not by Racing NSW.(7) An appeal is to be made in accordance with the local rules of racing of Racing NSW.s 42: Am 1997 No 24, Sch 1 [5] [13] [14]; 1998 No 66, Sch 1 [2]; 2004 No 23, Sch 1 [14].
43 Procedure on an appeal
(1) An appeal to the Appeal Panel is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the decision appealed against was made, may be given on the appeal.(2) The Appeal Panel may subject to this Act and the local rules of racing of Racing NSW determine its own procedure.(3) On an appeal the Appeal Panel:(a) is not bound to act in a formal manner, and(b) is not bound by the rules of evidence and may inform itself on any matter in any way that it considers to be just, and(c) is to make its decision on the real merits and justice of the case and is not bound to follow strict legal precedent.(4) The Appeal Panel is to sit as in open court when hearing the appeal but may sit in private if the Appeal Panel considers it necessary to do so in the public interest or to protect the safety of any person.(5) For the purpose of the exercise of the Appeal Panel’s functions on an appeal, the person presiding at the hearing of the appeal has the powers, authorities, protections and immunities conferred by the Royal Commissions Act 1923 on a Commissioner appointed under Division 1 of Part 2 of that Act. That Act (except section 13 and Division 2 of Part 2) applies, with any necessary modifications, to a witness summoned by, or appearing before, the Appeal Panel.(6) When an appeal is to a racing association pursuant to a delegation to the association by Racing NSW under this Part, the following provisions have effect:(a) the committee of the association has the function of hearing and determining the appeal, and(b) the members of the committee of the association and the person presiding at the hearing of the appeal have the same powers, authorities, protections and immunities as the members of the Appeal Panel and the person presiding at the hearing of an appeal by the Appeal Panel, and(c) references in this section to the Appeal Panel and to the person presiding at the hearing of an appeal include a reference to the committee and to the person presiding at the hearing of the appeal by the committee, and(d) the same right of appeal as exists under the Racing Appeals Tribunal Act 1983 in respect of a decision of the Appeal Panel also exists in respect of a decision of the committee of the association (and for that purpose references in that Act to a decision of the Appeal Panel are to be read as including a reference to a decision of the committee of a racing association).s 43: Am 1997 No 24, Sch 1 [5] [15]; 2004 No 23, Sch 1 [15].
44 Determination of appeal
(1) The Appeal Panel may do any of the following in respect of an appeal:(a) dismiss the appeal,(b) confirm the decision appealed against or vary the decision by substituting any decision that could have been made by the racing authority,(c) refer any matter relating to the decision appealed against to the racing authority for rehearing (in accordance with directions given by the Appeal Panel),(d) make such other order in relation to the disposal of the appeal as the Appeal Panel thinks fit.(2) The decision of the Appeal Panel is to be given effect to.s 44: Am 1997 No 24, Sch 1 [5]. Subst 1997 No 24, Sch 1 [16]; 2004 No 23, Sch 1 [16].
45 Membership of Appeal Panel
(1) Racing NSW is to appoint suitably qualified persons to be members of the Appeal Panel. A member of Racing NSW cannot be a member of the Appeal Panel.(2) Racing NSW is (subject to this section) to determine the qualifications and disqualifications for membership of the Appeal Panel and for that purpose is to have particular regard to the need to minimise conflicts of interest, such as might arise from a person’s:(a) ownership of horses currently in work, or(b) professional involvement in race preparation, or(c) professional or commercial dealings with any person who holds a licence issued by Racing NSW or by a racing association.(3) At least one member of the Appeal Panel is to be a legal practitioner of at least 7 years standing.(4) A person is not eligible to be appointed as a member of the Appeal Panel if the person:(a) holds a licence issued by Racing NSW or by a racing association, or(b) is currently warned off or disqualified, or is a person whose name is currently on the Forfeits List, under the Australian Rules of Racing, or(c) 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(d) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or(e) is a mentally incapacitated person.(5) A member of the Appeal Panel holds office for 4 years from appointment and is eligible (if otherwise qualified) to be reappointed.(6) The office of a member of the Appeal Panel becomes vacant if the member:(a) dies, or(b) completes a term of office and is not reappointed, or(c) resigns the office by instrument in writing addressed to Racing NSW, or(d) is removed from office under subsection (7), or(e) becomes a person who is not eligible to be a member of the Appeal Panel.(7) The Governor may, on the recommendation of Racing NSW, remove a member of the Appeal Panel from office for incapacity, incompetence or misbehaviour.s 45: Am 1997 No 24, Sch 1 [5]; 1999 No 94, Sch 4.165.
46 Appointment of Principal Member
(1) Racing NSW is to appoint one of the members of the Appeal Panel as Principal Member. The person appointed must be a legal practitioner of at least 7 years standing.(2) The person appointed holds office as Principal Member for a period of 2 years and is eligible (if otherwise qualified) for reappointment.(3) A person ceases to hold office as Principal Member if the person ceases to hold office as a member of the Appeal Panel.s 46: Am 1997 No 24, Sch 1 [5].
47 How Appeal Panel is constituted for particular appeal
(1) When the Appeal Panel is required to hear an appeal, the Principal Member is to establish the Appeal Panel in accordance with this section. More than one Appeal Panel may be established to exercise the functions of the Appeal Panel at any one time.(2) The Appeal Panel is to be constituted for the purposes of an appeal by not less than 3 members, one of whom must be the Principal Member (who is to be Convenor of the Appeal Panel for the purposes of the appeal).(3) If the Principal Member is unavailable to act (including as a result of being a member of the Appeal Panel for another appeal), one of the members is to be appointed Convenor by the Principal Member when the Appeal Panel is established. The member appointed Convenor must be a legal practitioner of at least 7 years standing.(4) The Convenor is to preside at the hearing of an appeal.(5) The Principal Member must, if practicable, consult with the Chief Executive before establishing an Appeal Panel under this section, or appointing a Convenor when the Principal Member is unavailable to act.(6) The Chief Executive may exercise the functions of the Principal Member under this section of establishing an Appeal Panel and appointing a Convenor during any period in which the Principal Member is unavailable to exercise those functions (for example, because of absence or incapacity).s 47: Am 1997 No 24, Sch 1 [17]–[19].
48 Remuneration of members
The members of the Appeal Panel are entitled to be paid such fees and expenses in connection with the hearing and determination of an appeal as Racing NSW determines from time to time.s 48: Am 1997 No 24, Sch 1 [5].
49 How Appeal Panel makes decisions
A decision supported by a majority of the members of the Appeal Panel hearing an appeal is the decision of the Panel. If the members of the Appeal Panel are evenly split on a question, the decision of the Convenor of the Panel is the decision of the Panel.
49A Local rules of racing may provide for appeals
The local rules of racing of Racing NSW may make provision for or with respect to appeals under this Part, including the manner of making an appeal and the procedure for hearing and determining an appeal.s 49A: Ins 1997 No 24, Sch 1 [20].
Part 5 General
50 Savings and transitional provisions
Schedule 1 has effect.
51 (Repealed)
s 51: Rep 1999 No 85, Sch 4.
52 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to 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.
53 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 of 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 Savings and transitional provisions
(Section 50)
Part 1 General
1 Definitions
In this Schedule:assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.liabilities means any liabilities, debts and obligations (whether present or future and whether vested or contingent).rights means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).transfer day means:(a) in relation to any asset, right or liability transferred by or under this Schedule, the day on which the transfer occurs, or(b) in relation to an employee of the AJC who becomes an employee of the AJCPC by operation of this Schedule, the day on which that occurs.
2 Orders to authorise AJCPC to assume functions
(1) The AJCPC is not authorised to exercise any of its functions under this Act until the Minister has by order published in the Gazette authorised it to assume those functions. Such an order takes effect on the day it is published in the Gazette or on such later day as may be specified in the order.(2) More than one order may be made under this clause at different times so as to authorise the AJCPC to assume different functions at different times.(3) The operation of the whole of Part 4 (Appeal Panel) of this Act is deferred until the AJCPC is authorised (as provided by this clause) to exercise its functions under that Part. The repeal by this Act of section 32 (Appeals) of the Australian Jockey Club Act 1873 does not have effect until the AJCPC is authorised (as provided by this clause) to exercise its functions under Part 4 of this Act.(4) Until any particular function is authorised to be exercised by the AJCPC, the function (to the extent that it is a function of the AJC immediately before the commencement of this clause) remains a function of the AJC and may continue to be exercised by the AJC until the AJCPC is authorised to assume it by order under this clause.(5) An amendment made by Schedule 2 that operates to confer a function on the AJCPC or remove a function from the AJC does not have effect until that function is authorised (as provided by this clause) to be exercised by the AJCPC.(6) The AJC does not cease to have a function under section 13 (3) while the function may, under this clause, continue to be exercised by the AJC.
3 Savings and transitional regulations
(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of:this Act(2) In particular, the regulations may include provision to delay or defer the operation of any specified provisions of this Act in relation to specified matters or matters of a specified kind.(3) A provision of a regulation authorised by this clause may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.(4) 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 First members of the AJCPC and RIPAC
4 Minister to call for nominations
(1) As soon as practicable after the commencement of this clause, the Minister is to call for nominations for the first membership of the AJCPC and RIPAC.(2) Nominations are to be in writing addressed to the Minister.(3) The Minister may give directions generally for facilitating the constitution of the first membership of the AJCPC and RIPAC.(4) The AJCPC and RIPAC are formally constituted for the purposes of this Act on a day (the constitution day) appointed by the Minister by notice published in the Gazette. The Minister can appoint a day as the constitution day even if all the members of the AJCPC or RIPAC have not been nominated by that day.Editorial note—Constitution day appointed for AJCPC: 18.10.1996—see Gazette No 117 of 18.10.1996, p 7065. Constitution day appointed for RIPAC: 23.8.1996—see Gazette No 97 of 23.8.1996, p 4932.(5) The terms of office of the first members of the AJCPC and RIPAC 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 day appointed by the Minister under subclause (6).(6) The Minister may by notice published in the Gazette appoint a day as the day on which the AJCPC is fully operational for the purposes of this Act (even if the AJCPC has not assumed all of its functions by that date).
5 Shortened term of office for half of first members of Board
The term of office of the first members of the Board who, under this clause as in force before its repeal by the Thoroughbred Racing Board Amendment Act 1999, were nominated to hold office for 2 years is extended so as to expire instead at midnight on a date to be determined by order of the Minister, being no later than 30 June 2001, and notified in the Gazette.
Part 3 Transfer of assets, rights, liabilities and employees
6 Meaning of “principal club functions”
In this Part:principal club functions means functions of the kind referred to in section 13 (1).
7 Object of Part
The object of this Part is to facilitate the transfer to the AJCPC of assets, rights, liabilities and employees of the AJC that are concerned with the exercise of principal club functions, while ensuring that:(a) the proprietary interests of the AJC are preserved or justly compensated (to the extent that those interests are beneficially owned by the AJC), and(b) employees of the AJC whose employment is concerned with the exercise of principal club functions are treated fairly.
8 Duty to facilitate transition
It is the duty of the AJC to do everything necessary to facilitate the operation of this Part. That duty includes the duty to give the AJCPC information and access to records, documents and any other source of information however compiled, recorded or stored.
9 Agreements and regulations for transfer of assets, rights, liabilities and employees
(1) The AJCPC may enter into an agreement or agreements with the AJC providing for the transfer from the AJC to the AJCPC of assets, rights, liabilities and employees of the AJC that are concerned with the exercise of principal club functions. Such an agreement is referred to in this Part as a transfer agreement and operates to transfer the assets, rights, liabilities and employees concerned in accordance with the terms of the transfer agreement.(2) The regulations can direct the transfer from the AJC to the AJCPC of assets, rights, liabilities and employees of the AJC that are concerned with the exercise of principal club functions. Such a regulation operates to transfer the assets, rights, liabilities or employees concerned in accordance with the terms of the regulation.(3) A transfer effected by a transfer agreement or by regulation under this clause is without consideration or compensation except such consideration or compensation as may be provided for by the transfer agreement or regulation.(4) The AJC must not transfer or otherwise deal with any asset that is concerned with the exercise of principal club functions, except with the consent of the AJCPC. Consent may be given under this subclause on a case by case basis or for a class of cases, as the AJCPC thinks fit.(5) A regulation under this clause takes effect on the day following the last day on which it is capable of being disallowed under section 41 of the Interpretation Act 1987 (as modified by subclause (6)) or on such later day as may be specified in the regulation.(6) Despite section 41 of the Interpretation Act 1987, a resolution by a House of Parliament to disallow a regulation under this clause does not have effect unless the resolution is passed within 15 sitting days of the House after written notice of the making of the regulation is laid before that House under section 40 of that Act.
10 Effect of transfer of assets, rights and liabilities
(1) The following provisions have effect with respect to any asset, right or liability transferred by operation of this Part:(a) the asset vests in the AJCPC by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the right or liability becomes by virtue of this clause the right or liability of the AJCPC,(c) all proceedings relating to the asset, right or liability commenced before the transfer day by or against the AJC and pending immediately before the transfer day are taken to be proceedings pending by or against the AJCPC,(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 AJC is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the AJCPC,(e) a reference in any Act, in any instrument made under any Act or in any document of any kind to the AJC is (to the extent that it relates to the asset, right or liability but subject to any regulations under this Schedule) to be read as, or as including, a reference to the AJCPC.(2) The operation of this Part 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 a contract or instrument, or as causing or permitting the termination of any contract or 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 instrument.(3) No attornment to the AJCPC by a lessee from the AJC is required.
11 Effect of transfer of staff
(1) An employee of the AJC who is transferred by operation of this Part is to be regarded for all purposes as having become an employee of the AJCPC, in accordance with the terms of transfer, on the transfer day.(2) Subject to any of the terms of transfer, the terms and conditions (including as to remuneration or duration of employment) on which a person becomes an employee of the AJCPC by operation of this Part are the same as those on which he or she was an employee of the AJC immediately before the transfer day.(3) Such part of the employee’s remuneration as is salary or wages is subject to any adjustment necessary to give effect to any fluctuation in the applicable basic wage in force under Part 2 of Chapter 2 of the Industrial Relations Act 1991 until the salary is, or the wages are, lawfully varied.(4) The employee retains any rights to annual leave, leave in the nature of long service leave and sick leave accrued or accruing to the person as an AJC employee. The employee’s entitlement to any such leave is to be calculated:(a) for such part of any period during which that leave accrued or was accruing as occurred before the transfer day, at the rate for the time being applicable to the person (as an AJC employee) before that day, and(b) for such part of that period as occurred after the transfer day, at the rate for the time being applicable to the person (as an employee of the AJCPC) after that day.(5) Service with the AJC is taken to be service with the AJCPC for the purposes of the accrual of leave as an employee of the AJCPC.(6) An AJC employee who becomes an employee of the AJCPC by operation of this Part:(a) is not entitled to receive any payment or other benefit merely because the person ceases to be an AJC employee, and(b) is not entitled to claim dual benefits of the same kind for the same period of service.
12 Preservation of enterprise agreements
The provisions of any enterprise agreement applicable to an AJC employee immediately before the employee is transferred by operation of this Part to employment of the AJCPC continue to apply to the employee as an employee of the AJCPC during the term of the agreement. The AJCPC is, for the purposes of this clause, taken to be a party to the enterprise agreement.
13 Stamp duty and 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 stamp 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.
Part 4 Miscellaneous
14 Rules of Racing
The continuity of the Rules of Racing is not affected by this Act. The local rules of racing made by the AJC (as in force immediately before the AJC ceases to exercise the function of making and amending local rules of racing) are taken to have been made by the AJCPC (once the AJCPC has assumed the function of making and amending those rules).
15 Pending appeals
Any appeal pending under section 32 of the Australian Jockey Club Act 1873 immediately before the AJCPC assumes its functions under Part 4 (Appeal Panel) is to continue and be heard and determined and the decision on the appeal given effect to as if this Act had not been enacted.
16 Actions of the AJC
Anything done or commenced by or in relation to the AJC in respect of a function that the AJC ceases to exercise because of this Act has effect after the function is assumed by the AJCPC under this Act as if it had been done or commenced by or in relation to the AJCPC.Note—An existing delegation to a racing association by the AJC and licences issued by the AJC are examples of matters that this clause applies to.
Part 5 Provisions consequent on enactment of AJC Principal Club Amendment Act 1997
17 Commencement of certain amendments
(1) The amendments made to section 13 (1) (a) and 13 (3) by the AJC Principal Club Amendment Act 1997 are taken to have commenced on the date of assent to this Act.(2) Clauses 21 and 22 of this Schedule are taken to have commenced on the date of assent to this Act.(3) Anything done before the commencement of this clause that could have been validly done had the amendments made by the AJC Principal Club Amendment Act 1997 been in force at the time that it was done is taken to have been validly done.
18 Change of name of AJC Principal Club
(1) The substitution of section 4 by the AJC Principal Club Amendment Act 1997 effects the alteration of the name of the AJC Principal Club in terms of section 53 of the Interpretation Act 1987 and accordingly that section applies.(2) A reference in Parts 1 to 4 of this Schedule to the AJCPC is to be read as a reference to the Board, except in relation to matters that occurred before that alteration took place.Note—Section 53 of the Interpretation Act 1987 provides that if an Act alters the name of a body or office:(a) the body or office continues in existence under its new name so that its identity is not affected, and(b) a reference in any Act or instrument, or in any other document, to the body or office under its former name is to be read as a reference to the body or office under its new name (except in relation to matters that occurred before the alteration took place).
19 Change in eligibility criteria for nominated members
(1) Section 7 (1) (b1) and (b2) (as inserted by the AJC Principal Club Amendment Act 1997) apply only to nominations of members of the Board that are made on or after the commencement of those provisions.(2) A member of the Board who holds office under a nomination made before the commencement of section 7 (1) (b1) or (b2) does not cease to hold office by reason of becoming a person who is not eligible to be a member because of those provisions.
20 Change in method of electing and removing Chairperson and Deputy Chairperson
Section 16 (4) (as substituted by the AJC Principal Club Amendment Act 1997) applies only in respect of an election or removal from office as Chairperson or Deputy Chairperson on or after its substitution.
21 Functions of committee of AJC
A reference in clauses 2, 14 and 16 of this Schedule to the AJC includes a reference to the committee of the AJC.
22 Appeals
(1) The reference in clause 15 of this Schedule to any appeal pending under section 32 of the Australian Jockey Club Act 1873 includes a reference to any appeal pending under the Rules of Racing.(2) The Racing Appeals Tribunal Act 1983 continues to apply to and in respect of a decision referred to in section 15 of that Act (as in force immediately before its amendment by Schedule 2 of this Act), whether made before or after the date of assent to this Act.
Part 6 Provision consequent on enactment of Thoroughbred Racing Board Amendment Act 1998
23 Pending appeals
An appeal from a decision of the Board that is pending immediately before the commencement of Schedule 1 [2] to the Thoroughbred Racing Board Amendment Act 1998 is to continue to be heard and determined, and the decision on the appeal given effect to, as if that Act had not been enacted.
Part 7 Provisions consequent on enactment of Thoroughbred Racing Board Further Amendment Act 1999
24 Definitions
In this Part:amending Act means the Thoroughbred Racing Board Further Amendment Act 1999.new Board means the Board as constituted by section 6, as substituted by the amending Act.old Board means the Board as constituted immediately before the commencement of Schedule 1 [2] to the amending Act.
25 Continuation of Board
The new Board is a continuation of, and the same legal entity as, the old Board.
26 Arrangements regarding first members of new Board
(1) The Minister is:(a) to determine, by order published in the Gazette, the industry bodies that may nominate the persons who are to be the first members of the new Board referred to in section 6 (1) (e), and those that may nominate the persons referred to in section 6 (1) (f), and the criteria on which those members are to be nominated, and(b) to call for nominations for the first nominated members of the new Board.(2) The nominations are to be in writing addressed to the Minister.(3) As soon as practicable after the commencement of Schedule 1 [2] to the amending Act, the nominated members of the Board:(a) are to commission at least 2 recruitment agencies to identify candidates with suitable expertise to hold the office of Chairperson, and(b) are to hold a meeting for the purpose of selecting, by majority vote, the first Chairperson of the new Board from those candidates.(4) Until the first Chairperson of the new Board takes office, the nominated members of the Board have and may exercise the functions of the Board and are taken to be the Board.(5) The Minister may give directions generally for facilitating the constitution of the first membership of the new Board.
27 Term of office of first members of new Board
(1) The terms of office of the first members (other than the Chairperson and any additional members) of the new Board are taken to begin on the day that Schedule 1 [2] to the amending Act commences.(2) Half of the first nominated members of the new Board are to be nominated to have a term of office of 2 years (instead of the 4 year term provided for by section 9).(3) The nominators referred to in section 6 (1) (a)–(f) are to draw lots to determine which of the members that they nominate to the first membership of the new Board are to be nominated to have a 2 year term of office.
28 Members of old Board
(1) On the commencement of Schedule 1 [2] to the amending Act, a person (other than the Chief Executive) who held office as a member of the old Board:(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to hold office as a member of the new Board.(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.(3) If a nominated member of the old Board becomes a nominated member of the new Board, any term of office served as member of the old Board is not to be counted for the purposes of section 7 (4).
Part 8 Provisions consequent on enactment of Thoroughbred Racing Legislation Amendment Act 2004
29 Definition
In this Part:amending Act means the Thoroughbred Racing Legislation Amendment Act 2004.
30 Change of Act name
In any Act (other than this Act) or instrument, a reference to the Thoroughbred Racing Board Act 1996 is to be read as a reference to the Thoroughbred Racing Act 1996.
31 Change of name of NSW Thoroughbred Racing Board
(1) The substitution of section 4 by the amending Act effects the alteration of the name of the NSW Thoroughbred Racing Board in terms of section 53 of the Interpretation Act 1987 and accordingly that section applies.(2) A reference in Parts 1 to 7 of this Schedule to the Board is to be read as a reference to Racing NSW, except in relation to matters that occurred before that alteration took place.Note—Section 53 of the Interpretation Act 1987 provides that if an Act alters the name of a body or office:(a) the body or office continues in existence under its new name so that its identity is not affected, and(b) a reference in any Act or instrument, or in any other document, to the body or office under its former name is to be read as a reference to the body or office under its new name (except in relation to matters that occurred before the alteration took place).
32 Registration and licensing functions of Racing NSW
In section 14AA, as inserted by the amending Act, a reference to a conviction includes a reference to:(a) a conviction that occurred before the commencement of that section, and(b) a conviction for an offence committed before the commencement of that section.
33 Membership of RIPAC
The amendments to section 31 made by the amending Act do not affect the office of a member of RIPAC holding office under section 31 (1) (c) of the Act immediately before its substitution by the amending Act and do not take effect with respect to RIPAC until that member vacates office under this Act.
34 Appeals
(1) Section 42 (1A), as inserted by the amending Act, does not apply in respect of decisions referred to in that subsection that were made before the commencement of that subsection.(2) This Act continues to apply in respect of an appeal made to the Appeal Panel before the commencement of an amendment made by the amending Act as if the amendment had not been enacted.
sch 1: Am 1997 No 24, Sch 1 [21]–[23]; 1998 No 66, Sch 1 [3] [4]; 1999 No 15, Sch 1 [2]; 1999 No 66, Sch 1 [22] [23]; 2002 No 15, Sch 3 [2]; 2004 No 23, Sch 1 [17] [18].
Schedule 2 (Repealed)
sch 2: Am 1997 No 24, Sch 1 [24]. Rep 1999 No 85, Sch 4.