An Act to make provision with respect to the control and regulation of harness racing; and for other purposes.
Part 1 Preliminary
1 Name of Act
This Act is the Harness Racing Act 2009.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:de facto partner, in relation to a person, means the other party to a de facto relationship (within the meaning of the Property (Relationships) Act 1984) with the person.eligible industry body means a body determined to be an eligible industry body for the time being under section 32 (2).exercise a function includes perform a duty.function includes a power, authority or duty.GRNSW means Greyhound Racing New South Wales constituted by the Greyhound Racing Act 2009.harness racing means pacing or trotting.harness racing club includes any body or other association of persons, whether incorporated or unincorporated and whether registered or not, promoting, conducting or controlling, or formed for promoting, conducting or controlling, a harness racing meeting or harness racing meetings.harness racing meeting has the same meaning as meeting for harness racing has in section 4 of the Racing Administration Act 1998.HRICG means the Harness Racing Industry Consultation Group established by this Act.HRNSW means Harness Racing New South Wales constituted by this Act.Integrity Auditor means the Harness Racing Integrity Auditor appointed under this Act.racing official means a member of HRNSW, the chief executive officer of HRNSW, a steward appointed by HRNSW or any other member of staff of HRNSW.rule means a rule made under this Act.Selection Panel means the Selection Panel established under section 7.(2) A reference in this Act to a person associated with harness racing is a reference to the following:(a) a person who handles horses at a harness race,(b) a bookmaker’s clerk,(c) a breeder of horses for harness racing,(d) a person who is an officer or employee of a harness racing club or is otherwise concerned in the management or control of any such club,(e) any other person of a class prescribed by the regulations for the purposes of this subsection.(3) Unless the regulations otherwise provide, a reference in any provision of this Act:(a) to registration includes a reference to licence, and(b) to register includes a reference to license, and(c) to registered includes a reference to licensed.
Part 2 Harness Racing New South Wales
4 Constitution of Harness Racing New South Wales
(1) There is constituted by this Act a body corporate with the corporate name of Harness Racing New South Wales.(2) HRNSW may use another name approved by the Minister by order published in the Gazette.(3) Without limiting subsection (2), HRNSW may use that other name when entering into any agreement or in relation to any other dealings of HRNSW.
5 HRNSW independent of Government
HRNSW 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 expressly provides otherwise.(b) cannot render the State liable for any debts, liabilities or other obligations of HRNSW or its subsidiaries,
6 Membership
(1) HRNSW is to consist of 5 members appointed as follows:(a) 5 members recommended for appointment by the Selection Panel under section 7 and appointed by the Minister to give effect to the recommendation of the Selection Panel, unless the appointment is to fill a casual vacancy under paragraph (b),(b) the appointment of a member to fill a casual vacancy (a vacancy in the office of a member occurring other than by reason of the completion of the member’s term of office) is to be made by the Minister on the nomination of HRNSW.(2) A person is not eligible to be a member of HRNSW if the person:(a) is an employee of a harness racing club, or(b) is a member of the governing body of a harness racing club or eligible industry body, or(c) is registered by or with HRNSW under this Act, or(d) is registered or licensed by or with GRNSW under the Greyhound Racing Act 2009, or(e) holds a licence issued by Racing New South Wales, or(f) is currently, or during the previous 10 years has been, warned off, disqualified or named on the Unpaid Forfeit List under the rules, or(g) during the previous 10 years has been convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(h) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or(i) is a mentally incapacitated person.(3) A person is not eligible to be appointed as a member of HRNSW if the person is a member of the Selection Panel at the time the Selection Panel makes its recommendation for the appointment concerned.(4) A person is not eligible to hold office as a member of HRNSW for more than 8 years in total (whether or not involving consecutive terms of office).(5) While a person is a member of HRNSW, any entitlement of the person to vote as a member of a harness racing club or of an eligible industry body is suspended.(6) Schedule 1 contains provisions relating to members of HRNSW.
7 Selection Panel
(1) The Minister is to establish a Selection Panel to recommend persons for appointment as members of HRNSW and to recommend the term of office of members.(2) The Selection Panel must recommend only the number of persons required to be appointed (no more and no fewer) and must recommend a term of office for each person recommended.(3) The Selection Panel must not recommend a person for appointment as a member of HRNSW unless the Panel is satisfied that the person has experience in a senior administrative role or experience at a senior level in one or more of the fields of business, finance, law, marketing, technology, commerce, regulatory administration or regulatory enforcement.(4) Before recommending a person for appointment as a member of HRNSW, the Selection Panel must conduct a probity check of the person (with the level of scrutiny as determined by the Minister). The Minister is to appoint a Probity Adviser to assist the Selection Panel to conduct probity checks.(5) The Selection Panel is to choose between candidates for recommendation for appointment as a member of HRNSW on the basis of merit, with merit to be determined on the basis of a candidate’s abilities, qualifications, experience and personal qualities that are relevant to the performance of the duties of membership of HRNSW.
8 Review of appointments process
(1) The Minister is to review the operation of sections 6 and 7 and clause 3 of Schedule 1 to determine whether their policy objectives remain valid and whether their terms remain appropriate for securing those objectives.(2) The review is to be undertaken before the beginning of February 2012.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the review is completed.
9 Functions of HRNSW
(1) HRNSW 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 HRNSW include the following:(a) to control, supervise and regulate harness racing in the State,(b) to register harness racing clubs, harness racing horses, owners, trainers and drivers of harness racing horses, bookmakers for harness racing and other persons associated with harness racing,(c) to initiate, develop and implement policies considered conducive to the promotion, strategic development and welfare of the harness racing industry in the State,(d) to distribute money received as a result of commercial arrangements required by the Totalizator Act 1997,(e) to allocate to harness racing clubs the dates on which they may conduct harness racing meetings.(3) HRNSW may affiliate with such organisations, whether in or out of New South Wales, as HRNSW considers appropriate.(4) The functions of HRNSW are not limited by the rules and are to be exercised independently of Harness Racing Australia or any successor.
10 Powers of HRNSW
(1) HRNSW 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), HRNSW 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) supervise the activities of harness racing clubs, persons registered by HRNSW and all other persons engaged in or associated with harness racing,(c) inquire into and deal with any matter relating to harness 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 harness racing horse on any course or courses, whether or not a report concerning the matter has been made or decision arrived at by any stewards,(d) direct and supervise the dissolution of a harness racing club that ceases to be registered by HRNSW,(e) appoint an administrator to conduct the affairs of a harness racing club,(f) disqualify a harness racing horse from participating in a race,(g) exclude from participating in a race a harness racing horse not registered under the rules,(h) prohibit a person from attending or taking part in a harness racing meeting,(i) impose a penalty on a person registered by it or on an owner of a harness racing horse for a contravention of the rules,(j) consult, join, affiliate and maintain liaison with other associations or bodies, whether in the State or elsewhere, concerned with harness racing,(k) enter into contracts,(l) acquire, hold, take or lease and dispose of real and personal property whether in its own right or as trustee,(m) borrow money,(n) order an audit of the books and accounts of a harness racing club by an auditor who is a registered company auditor nominated by HRNSW,(o) scrutinise the constitutions of harness racing clubs to ensure they conform to any applicable Act and the rules and that they clearly and concisely express the needs and desires of the clubs concerned and of harness racing generally,(p) publish material, including periodical publications, to inform the public about matters relating to harness racing, whether in the State or elsewhere,(q) undertake research and investigation into all aspects of the breeding of harness racing horses and of harness racing generally,(r) 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.(3) Nothing in this Act confers on HRNSW power to conduct harness racing meetings on its own behalf.
11 Registration functions of HRNSW—general
(1) HRNSW is to exercise its registration functions so as to ensure that any individuals registered by HRNSW are persons who, in the opinion of HRNSW, are fit and proper persons to be so registered (having regard in particular to the need to protect the public interest as it relates to the harness racing industry).(2) Without limiting subsection (1), a person is not to be so registered if the person has a conviction and HRNSW is of the opinion that the circumstances of the offence concerned are such as to render the person unfit to be so registered.(3) This section does not limit any provisions of the rules relating to the exercise of the registration functions of HRNSW.(4) In this section:conviction has the same meaning as in the Criminal Records Act 1991 but does not include a conviction that is spent under that Act.registration functions means the functions referred to in Division 1 of Part 3.
12 Consultation and planning
(1) HRNSW is to prepare strategic plans for its activities from time to time.(2) HRNSW is to undertake formal consultation on a regular basis with HRICG and other harness racing industry stakeholders in connection with the initiation, development and implementation of policies for the promotion, strategic development and welfare of the harness racing industry.(3) HRNSW is to prepare an initial strategic plan for the harness racing industry within 12 months after the commencement of this section and is to prepare a further strategic plan for the harness racing industry at least every 3 years after the initial strategic plan is prepared. Each such strategic plan must be prepared in consultation with HRICG and other harness racing industry stakeholders.(4) The annual report of HRNSW under section 16 is to include a progress report on implementation of the strategic plan of HRNSW and the strategic plan for the harness racing industry over the period to which the annual report relates.
13 Chief executive officer of HRNSW
(1) HRNSW may employ a chief executive officer of HRNSW.(2) The chief executive officer is responsible for the day-to-day management of HRNSW.(3) The Public Sector Employment and Management Act 2002 does not apply to or in respect of the chief executive officer.
14 Staff of HRNSW
(1) HRNSW may employ such other staff as it requires to exercise its functions.(2) HRNSW may fix the salary, wages and other conditions of staff employed under subsection (1) (including the chief executive officer of HRNSW) in so far as they are not fixed by or under any other Act or law.(3) The Public Sector Employment and Management Act 2002 does not apply to or in respect of staff employed under subsection (1).(4) HRNSW may engage consultants for the purposes of obtaining expert advice.
15 Arrangements for use of staff and facilities of GRNSW or Racing New South Wales
(1) HRNSW may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of GRNSW or Racing New South Wales.(2) For the purposes of this Act, a person whose services are made use of under subsection (1) is taken to be a member of staff of HRNSW.(3) Without limiting subsection (1), HRNSW may arrange for a steward appointed by GRNSW or Racing New South Wales to perform the functions of a steward of HRNSW under this Act. Any such person is taken to have been appointed by HRNSW as a steward for the purposes of this Act while exercising functions under this Act in accordance with those arrangements.(4) Without limiting subsection (1), HRNSW may arrange to share with GRNSW or Racing New South Wales any equipment, information technology (such as computer software) or office or any administrative system relating to licensing or registration.(5) HRNSW is not authorised to enter into an arrangement under this section in relation to stewards, or registration, without the consent of the Minister.(6) The consent of the Minister under subsection (5):(a) may be given in relation to a particular arrangement or a class of arrangements, and(b) may be subject to conditions, and(c) may be amended from time to time.
16 Annual report of HRNSW
(1) HRNSW 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 HRNSW 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) HRNSW is to make copies of the report available to the public at a reasonable price.
Part 3 Control and regulation of harness racing
Division 1 Registration
17 Registration of harness racing clubs
(1) HRNSW may, in accordance with the rules, register or refuse to register any harness racing club.(2) HRNSW must not refuse to register a harness racing club under this section unless it is of the opinion that:(a) the racing club is not, or will not be, financially viable in relation to participation in the harness racing industry, or(b) the registration of the harness racing club (whether under this or another Act) has previously been cancelled, or(c) it would be in the best interests of the harness racing industry to do so.
18 Registration of harness horses and persons associated with harness racing
(1) HRNSW may, in accordance with the rules, register or refuse to register any harness racing horse, or any owner, trainer or driver of harness racing horses, bookmaker or other person associated with harness racing.(2) HRNSW must not refuse to register any harness racing horse or any person under subsection (1) unless it is of the opinion that it would be in the best interests of the harness racing industry to do so.
19 Registration of bookmakers
(1) An individual over the age of 18 years or a proprietary company may apply to HRNSW for registration as a bookmaker in relation to harness racing.(2) Despite section 18 (2), HRNSW 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, 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 registered 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 HRNSW, a fit and proper person to be registered as an individual as a bookmaker under this Act, and(f) 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(g) 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 under this Act that:(a) the company continues to be an eligible company, and(b) no director, shareholder or person concerned in the management of the company:(i) 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(ii) 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, or(iii) 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(iv) 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(v) is an employee or agent of any individual, partnership or corporation referred to in subparagraph (iii) or (iv), or(vi) 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) It is a condition of a company’s registration as a bookmaker under this Act that no director, shareholder or person concerned in the management of the company:(a) 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 harness racing meeting in New South Wales, or(b) carries on the business of an authorised sports betting bookmaker, otherwise than on behalf of the company, at a racecourse licensed for harness racing.(6) In subsection (4) (b), 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.(7) HRNSW may suspend or cancel the registration of a company as a bookmaker if satisfied that any condition referred to in subsection (4) or (5) is contravened in respect of the company. This does not limit the powers of HRNSW to suspend or cancel the registration of a company as a bookmaker under section 21.(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.proprietary company has the same meaning as in the Corporations Act 2001 of the Commonwealth.racecourse licensed for harness racing means a racecourse in respect of which a licence for harness racing meetings granted under section 7 of the Racing Administration Act 1998 is in force.
20 Suspension or cancellation of registration of harness racing clubs on commercial grounds
(1) HRNSW may, in accordance with the rules, suspend or cancel the registration of any harness racing club.(2) HRNSW must not suspend or cancel any registration under this section unless it is of the opinion that:(a) the harness racing club is not, or will not be, financially viable in relation to participation in the harness racing industry, or(b) it would be in the best interests of the harness racing industry to do so.(3) HRNSW 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 Disciplinary and occupational health and safety action may be taken by HRNSW
(1) HRNSW may, in accordance with the rules, do any of the following:(a) cancel the registration under this Act of:(i) any harness racing club, or(ii) any harness racing horse, or(iii) any owner, trainer or driver of harness racing horses, or bookmaker or other person associated with harness racing,(b) disqualify, either permanently or temporarily, any owner, trainer or driver of harness racing horses, or bookmaker or other person associated with harness racing,(c) prohibit any person from participating in or associating with harness racing in any specified capacity,(d) prohibit any horse from competing in any harness race,(e) prohibit any person from attending or taking part in a harness racing meeting,(f) impose fines, not exceeding 200 penalty units, on any harness racing club or on any owner, trainer or driver of harness racing horses, or bookmaker or other person associated with harness racing for breaches of the rules,(g) suspend, for such term as HRNSW thinks fit, any right or privilege conferred by this Act or the rules on any owner, trainer or driver of harness racing horses, or bookmaker or other person associated with harness racing,(h) prohibit any person registered under the rules from taking part in any harness racing meeting held by any harness racing club that is not registered under the rules.(2) Any fine imposed under subsection (1) (f) is to be paid to and be the property of HRNSW.(3) HRNSW may only take action under this section for disciplinary purposes or for the purposes of occupational health and safety.
Division 2 Rules
22 Rules in relation to harness racing
(1) HRNSW may make rules, not inconsistent with this Act or the regulations, for or with respect to the control and regulation of harness racing.(2) Without limiting the generality of subsection (1), HRNSW may make rules for or with respect to the following:(a) any matter that by this Act is required or permitted to be prescribed by the rules,(b) any of the matters referred to in Division 1,(c) the effect of a disqualification of, or other penalty imposed on, a person or harness racing horse under section 21 (1),(d) the allocation to harness racing clubs of dates on which they may conduct harness racing meetings and harness races,(e) the holding and conduct of harness racing meetings and of races at any such meeting,(f) the keeping of horses that are in the care or custody of persons registered under the rules,(g) the breeding of harness racing horses,(h) the naming and identification of harness racing horses,(i) the appointment of stewards by HRNSW and the functions of those stewards (including functions that do not relate to harness racing meetings),(j) conferring on stewards appointed by HRNSW the same functions as are exercisable by HRNSW under Division 1,(k) the extent to which and the circumstances in which stewards appointed by HRNSW may exercise their functions to the exclusion of stewards of harness racing clubs,(l) the fees and charges referred to in section 38.
23 Rules generally
(1) A provision of a rule made under this Division 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,(2) A rule made under this Division may apply, adopt or incorporate any publication as in force at a particular time or as in force from time to time.(3) A rule made under this Division 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 48 (1) (b) excepted).
Division 3 Harness Racing Integrity Auditor
24 Appointment of Integrity Auditor
(1) HRNSW is to appoint a person who, in the opinion of HRNSW, has suitable legal qualifications to hold the office of Harness Racing Integrity Auditor.(2) HRNSW is to conduct a probity check of a person (with the level of scrutiny to be determined by the Minister) before appointing a person to the office of Harness Racing Integrity Auditor.(3) An appointment of a Harness Racing Integrity Auditor has no effect unless the Minister approves of the appointment.(4) A person holding office as the Greyhound Racing Integrity Auditor under the Greyhound Racing Act 2009 may also be appointed to the office of Harness Racing Integrity Auditor.(5) A probity check need not be conducted under subsection (2) of a person if the person holds the office of the Greyhound Racing Integrity Auditor and GRNSW conducted probity checks of that person before his or her appointment in accordance with the Greyhound Racing Act 2009.
25 Functions of Integrity Auditor
(1) The Integrity Auditor has the following functions:(a) the primary oversight of those aspects of the functions of HRNSW that relate to stewards, drug testing and control and registration,(b) providing advice to HRNSW on the matters referred to in paragraph (a),(c) receiving and investigating complaints against racing officials in respect of the exercise of functions relating to harness racing,(d) such other functions as are conferred or imposed on the Integrity Auditor by or under this or any other Act.(2) The functions of the Integrity Auditor are to be exercised independently of HRNSW.
26 Inquiries and investigations by Integrity Auditor in relation to complaint
(1) A person may make a complaint to the Integrity Auditor in respect of the exercise of functions by a racing official relating to harness racing.(2) On receiving a complaint from a person under this section, the Integrity Auditor must investigate the complaint with due diligence unless the Integrity Auditor considers that the complaint:(a) is frivolous, vexatious or not made in good faith, or(b) is trivial, or(c) does not relate to the exercise of functions by a racing official in a corrupt, improper or unethical manner.(3) If the Integrity Auditor decides to investigate a complaint, the Integrity Auditor must inform the racing official concerned of the substance of the complaint and give the racing official a reasonable opportunity to respond to it.(4) The Integrity Auditor may, by notice in writing, require a racing official who is the subject of an investigation under this section to do one or more of the following:(a) provide, in accordance with directions in the notice, such information verified by statutory declaration as, in the opinion of the Integrity Auditor, is relevant to the investigation and is specified in the notice,(b) produce, in accordance with directions in the notice, such records as, in the opinion of the Integrity Auditor, are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,(c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),(d) furnish to the Integrity Auditor such authorisations and consents as the Integrity Auditor requires for the purpose of enabling the Integrity Auditor to obtain information (including financial and other confidential information) from other persons concerning the person under investigation.(5) A person who complies with a requirement of a notice under subsection (4) does not on that account incur a liability to another person.(6) A person must not fail to comply with a requirement of the Integrity Auditor contained in a notice under subsection (4).Maximum penalty (subsection (6)): 20 penalty units.
27 Action after investigation of complaint
(1) The Integrity Auditor must provide a report in writing of the results of the investigation of a complaint to HRNSW and the Minister if satisfied that those results indicate that there has been a contravention of this or any other Act in relation to the conduct of harness racing or a contravention of the code of conduct adopted by HRNSW in accordance with clause 16 of Schedule 1.(2) If such a report identifies any racing official in an adverse manner, the Integrity Auditor must also give a copy of the report to the racing official.(3) The Integrity Auditor must inform the person who made the complaint of whether a report has been made under this section or whether the Integrity Auditor considers that the complaint does not warrant such a report being made.
Part 4 Directions and minimum standards
28 Power to set minimum standards for conduct of races and harness racing meetings
(1) HRNSW may set minimum standards in connection with the conduct by harness racing clubs of harness races and harness racing meetings, including minimum standards with respect to the following:(a) racecourse design and construction,(b) racecourse facilities and amenities (including facilities and amenities to be provided for patrons, such as grandstands and other patron amenities),(c) harness racing training facilities,(d) the financial management of harness racing meetings, including the management of the costs of conducting harness racing meetings,(e) the fees and charges imposed by a harness racing club in connection with races conducted by the club,(f) prize money paid on races conducted by a harness racing club,(g) starters, appearance and other fees paid by a harness racing club,(h) such other matters relating to the conduct of harness races and harness racing meetings as may be prescribed by the regulations.(2) HRNSW may set minimum standards under this section in any one or more (or any combination) of the following ways:(a) by a direction in writing to harness racing clubs,(b) as a condition of the registration of harness racing clubs,(c) as a condition of the allocation of the dates on which harness racing clubs may conduct harness racing meetings.(3) HRNSW is to consult with harness racing clubs in relation to any proposal to set minimum standards under this section and in the course of that consultation must give a harness racing club a reasonable opportunity to be heard and to make submissions on the proposal.(4) Minimum standards may be set under this section even if they are inconsistent with a provision of a by-law under any Act. In the event of an inconsistency between minimum standards set under this section and a provision of such a by-law, those minimum standards prevail to the extent of the inconsistency.
29 Harness racing clubs to provide information and documents
HRNSW may give a direction in writing to a harness racing club requiring the club to provide specified documents or furnish specified information to HRNSW within a time specified in the direction, being documents or information that HRNSW considers will be of assistance in connection with the exercise of its functions referred to in section 9 (2) (a) or (c) or 28.
30 Sanctions for non-compliance by harness racing club with directions and minimum standards
(1) HRNSW may impose any sanction authorised by this section on a harness racing club that HRNSW is satisfied has:(a) failed without reasonable excuse to comply with a minimum standard set under section 28, or(b) failed without reasonable excuse to comply with a direction given to the harness racing club under section 29.(2) Each of the following sanctions is a sanction that HRNSW may impose under this section:(a) a public admonishment of the harness racing club,(b) a requirement that the harness racing club pay to HRNSW a civil penalty of up to 50 penalty units (or up to 100 penalty units if the contravention or failure is the second or a subsequent contravention or failure for which a civil penalty has been imposed on the club under this section),(c) suspension or cancellation of the harness racing club’s registration.(3) HRNSW is not to impose a sanction under this section without first giving the harness racing club concerned notice in writing of the proposed sanction and a reasonable opportunity to be heard and to make submissions about the matter.(4) Subsection (3) does not apply in respect of the imposition of a sanction if HRNSW is satisfied that the sanction must be imposed as a matter of urgency because the contravention or failure concerned poses a significant threat:(a) to public health or safety, or(b) to the financial wellbeing of the harness racing industry as a whole in New South Wales.(5) A sanction is imposed by giving notice in writing of the decision to impose the sanction to the harness racing club concerned.(6) A civil penalty imposed under this section may be recovered by HRNSW as a debt.
Part 5 Harness Racing Industry Consultation Group
31 Establishment of Harness Racing Industry Consultation Group
There is established by this Act a committee called the Harness Racing Industry Consultation Group. The committee may also be called HRICG.
32 Membership
(1) HRICG is to consist of the following members:(a) one person nominated by the New South Wales Harness Racing Club,(b) one person nominated by the clubs funded by HRNSW as TAB clubs,(c) one person nominated by the clubs funded by HRNSW as non-TAB clubs,(d) no more than 3 persons, each to be nominated by a different eligible industry body.(2) The Minister is to determine from time to time the bodies that are eligible industry bodies for the purposes of subsection (1) (d). The Minister is to consult with HRNSW on determinations made by the Minister under this subsection.(3) A person may be appointed as an alternate of a member, to act as that member during the absence or illness of, or during a vacancy in the office of, the member.(4) An alternate is to be appointed by the body that the member represents or (in the case of a member who is nominated by a body) appointed by the nominating body.(5) An alternate, while acting as a member, is taken to be a member and has and may exercise the functions of the member for whom he or she is the alternate.(6) If a body referred to in subsection (1) changes its name or ceases to exist, the Minister may, by order published in the Gazette, direct that a reference in this section to the body is to be read as a reference to the body under its changed name or to a specified body that appears to the Minister to be the body’s successor.(7) Schedule 2 contains provisions relating to members of HRICG.
33 Eligibility for membership
(1) A person is not eligible to be a member of HRICG if the person:(a) is a member of the Selection Panel, or(b) is a member of HRNSW, or(c) is currently, or during the previous 10 years has been, warned off, disqualified or named on the Unpaid Forfeit List under the rules, or(d) during the previous 10 years has been convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(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 not eligible to be appointed as a member of HRICG unless the person has been the subject of a probity check by HRNSW.
34 Functions of HRICG
(1) HRICG has the function of consulting with and making recommendations to HRNSW on matters concerning harness racing in the State.(2) Recommendations made by HRICG to HRNSW are to be made in writing and tabled at the next meeting of HRNSW or may be presented in person at that meeting by the Chairperson of HRICG.(3) HRNSW is to respond to HRICG in writing in relation to any such recommendations within a reasonable time after they are received. If HRNSW does not support a recommendation made by HRICG, the response by HRNSW is to include its reasons for not supporting the recommendation.(4) The Chairperson of HRICG is to provide a report on the work and activities of HRICG for inclusion in the annual report of HRNSW.
Part 6 Finance
35 Financial year
(1) Subject to subsection (2), the financial year of HRNSW is the year commencing on 1 July.(2) A different financial year for HRNSW may be determined by the Minister by order published in the Gazette.
36 Expenses
HRNSW is liable for all expenses (including remuneration and allowances payable to members of HRNSW, the chief executive officer of HRNSW and the other staff of HRNSW) incurred by HRNSW in the exercise of its functions.
37 Accounts
HRNSW may establish such accounts as it thinks appropriate for the money received and expended by HRNSW.
38 Fees and charges
(1) HRNSW may determine the fees and charges payable for registration or for the transaction of other business with HRNSW.(2) If a steward appointed by HRNSW acts at a harness racing meeting held by a harness racing club, HRNSW may charge the club for the services of the steward.
39 Harness Racing Benevolent Fund
(1) There is to be established by HRNSW, in an authorised deposit-taking institution in New South Wales, a fund to be called the “Harness Racing Benevolent Fund”.(2) There is to be paid into the Benevolent Fund:(a) any money received by HRNSW for payment into the Benevolent Fund, and(b) any money acquired by HRNSW on trust or subject to a condition that it be applied in or towards the assistance of a person to whom subsection (4) (a) applies, and(c) any money received by HRNSW:(i) in respect of any loan advanced from money within the Benevolent Fund, and(ii) in payment of interest on any such loan, and(iii) in payment of any charges, costs and expenses incurred in respect of any such loan, and(d) the income derived from the investment of any money within the Benevolent Fund.(3) If money in the Benevolent Fund:(a) was paid into the Benevolent Fund under subsection (2) (b), andthat money (together with any interest or income derived from the investment of that money) is to be carried to a separate account in the Benevolent Fund established for the purpose of the trust or of fulfilling the condition.(b) is, under the terms of a trust, or by virtue of a condition, to which HRNSW has agreed, required to be applied in or towards the assistance of a specified person or a specified class or description of persons, being a person or persons from within the class of persons to whom subsection (4) (a) applies,(4) There may be paid out of the Benevolent Fund:(a) in respect of money that has not been carried to a separate account in the Benevolent Fund, grants or loans (whether with or without interest) to any person who is in indigent circumstances and who is or has, at any time, been:(i) an owner, trainer or driver of harness racing horses, or(ii) a person employed in a stable of harness racing horses, or(iii) a person who has rendered valuable service to harness racing, or(iv) a dependant of a person referred to in subparagraph (i), (ii) or (iii), and(b) in respect of money which has been carried to a separate account within the Benevolent Fund, that money (and any interest or income derived from the investment of that money) subject to the trust or condition on which that money is held.
Part 7 Miscellaneous
40 Records
HRNSW is to keep records for the purposes of this Act relating to its functions.
41 Production of records to HRNSW
(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) HRNSW may at any time, by notice in writing, give a direction to:(a) a harness racing club, orrequiring the production, at such time and place as are specified in the direction, of such records relating to the affairs of the harness racing club as are so specified.(b) a person who is or has been an officer or employee of, or an agent, banker, Australian legal practitioner, auditor or other person acting in any capacity for or on behalf of, a harness racing club (including such a club that is in the course of being wound up or has been dissolved),(3) Where any records relating to the affairs of a harness racing club 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 harness racing club is a reference to the affairs of the club that relate, directly or indirectly, to harness racing.(6) A power of HRNSW to give a direction under this section does not affect any power of HRNSW to give a direction under section 29. However, a person is not liable to a penalty under both section 30 and this section in respect of a direction to the person that relates to the same records or information.
42 Delegation
(1) Subject to subsection (2), HRNSW may delegate the exercise of its functions to:(a) a member of HRNSW or the chief executive officer of HRNSW, or(b) a committee comprised of, or a combination of, those persons, or(c) a member of staff of HRNSW.(2) HRNSW must not delegate a function relating to the registration of a harness racing club, or the suspension or cancellation of such registration, under this Act.
43 Protection from personal liability
Anything done or omitted to be done by:(a) HRNSW or HRICG, or(b) a member of HRNSW or HRICG, or(c) the chief executive officer of HRNSW, or(d) any steward appointed under this Act by HRNSW, 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 HRNSW or HRICG,
44 Authentication of certain documents
Any summons, process, demand, order, notice, statement, direction or other document requiring authentication by HRNSW is sufficiently authenticated without the seal of HRNSW if signed by the Chairperson of HRNSW, the chief executive officer of HRNSW or another member of staff of HRNSW authorised to do so by the chief executive officer.
45 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 HRNSW,(b) any resolution of HRNSW,(c) the appointment of, or the holding of office by, any member of HRNSW,(d) the presence of a quorum at any meeting of HRNSW.
46 Recovery of money
Any charge, fee or other money due to HRNSW may be recovered by HRNSW as a debt in a court of competent jurisdiction.
47 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be dealt with summarily.
48 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 under Division 2 of Part 3.(2) If there is any inconsistency between the regulations and the rules made under Division 2 of Part 3, the regulations prevail to the extent of the inconsistency.(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.
49 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 members of HRNSW
1 Definitions
In this Schedule:Chairperson means the Chairperson of HRNSW.member means a member of HRNSW.
2 Chairperson
(1) The members are to elect a Chairperson from among themselves. HRNSW may remove a person from office as Chairperson at any time.(2) A person ceases to hold office as Chairperson if he or she:(a) resigns the office by instrument in writing addressed to HRNSW, or(b) is removed from that office by HRNSW, or(c) ceases to hold office as a member.(3) The Chairperson does not cease to be a member merely because he or she ceases to be Chairperson.
3 Term of office of members
(1) A member of HRNSW is to be appointed to hold office (subject to this Act) for a period of up to 4 years recommended by the Selection Panel under section 7, unless the appointment is to fill a casual vacancy.(2) A member appointed to fill a casual vacancy (a vacancy in the office of a member occurring other than by reason of the completion of the member’s term of office) is to be appointed for the balance of the term of office of the member’s predecessor.
4 Remuneration
(1) A member of HRNSW 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 occurring after the determination or redetermination of the base amount takes effect, and(b) allowances to reimburse the member for expenses that he or she may incur (for travel or accommodation, for example).(2) The Statutory and Other Offices Remuneration Tribunal may, on the application of HRNSW, redetermine the base amount from time to time, with effect from the date of the redetermination or such later date as the Tribunal may specify.(3) 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 reappointed, or(c) resigns the office by instrument in writing addressed to HRNSW, or(d) is absent from 4 consecutive meetings of HRNSW of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by HRNSW or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by HRNSW 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 subclause (2).(2) The Minister may, on the recommendation of HRNSW, remove a member from office for incapacity, incompetence, misbehaviour or a contravention of the code of conduct adopted by HRNSW under clause 16.
6 Member vacancies to be filled
If the office of a member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
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 HRNSW.(2) The person presiding at a meeting of HRNSW 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 HRNSW at which a quorum is present is the decision of HRNSW.
9 Transaction of business outside meetings or by telecommunication
(1) HRNSW 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 HRNSW.(2) HRNSW 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 HRNSW.(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 HRNSW.(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 HRNSW or a committee of HRNSW, 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 HRNSW 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 HRNSW 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 HRNSW 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 HRNSW.(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless HRNSW otherwise determines:(a) be present during any deliberation of HRNSW with respect to the matter, or(b) take part in any decision of HRNSW with respect to the matter.(5) For the purpose of the making of a determination by HRNSW 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 HRNSW for the purpose of making the determination, or(b) take part in the making by HRNSW of the determination.(6) A contravention of this clause does not invalidate any decision of HRNSW.
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 to act in the public interest and in the interests of the harness racing industry as a whole in the State.
13 General procedure
The procedure for the calling of meetings of HRNSW and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by HRNSW.
14 Quorum
The quorum for a meeting of HRNSW is a majority of its members.
15 First meeting
The Minister may call the first meeting of HRNSW under this Act in such manner as the Minister thinks fit.
16 Code of conduct
(1) HRNSW must adopt a code of conduct to be observed by members and staff of HRNSW.(2) The code of conduct must include a statement of the duty of members of HRNSW under clause 12 (Duty of members to act in interests of public and industry) and clause 10 (Disclosure of pecuniary interests by members) and the obligations of HRNSW under clause 10 in connection with disclosures under that clause.(3) HRNSW 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 Employment and Management Act 2002 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 HRICG
1 Membership is honorary
The members of HRICG 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 HRNSW for reasonable expenses (such as for travel or accommodation) that they may incur in attending meetings of HRICG.
2 Vacation of office
(1) The office of a member of HRICG becomes vacant if the member:(a) dies, or(b) resigns the office by instrument in writing addressed to HRNSW and HRICG, or(c) is absent from 2 consecutive meetings of HRICG of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by HRICG or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by HRICG for having been absent from those meetings, or(d) becomes a person who is not eligible to be a member, or(e) is a member on the nomination of a body and that nomination is withdrawn by the body or the body ceases to exist, or(f) is removed from office under subclause (2).(2) The Minister may, on the recommendation of HRICG, remove a member of HRICG from office for incapacity, incompetence or misbehaviour.
3 Chairperson and Deputy Chairperson of HRICG
(1) HRICG is to elect a Chairperson from among its members. HRICG may also elect a Deputy Chairperson from among its members. HRICG may remove a person from office as Chairperson or Deputy Chairperson of HRICG at any time.(2) 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 HRNSW and HRICG, or(b) is removed from that office by HRICG, or(c) ceases to hold office as a member of HRICG.(3) To be elected or removed from office as Chairperson or Deputy Chairperson of HRICG requires a simple majority of the members present and voting at a meeting of HRICG at which a quorum is present.(4) The Chairperson or Deputy Chairperson does not cease to be a member of HRICG merely because he or she ceases to be Chairperson or Deputy Chairperson.
4 Member vacancies to be filled
When the office of a member of HRICG 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.
5 Procedure
(1) HRICG may regulate its proceedings as it considers appropriate, subject to this clause.(2) The quorum for a meeting of HRICG is a majority in number of the members for the time being.(3) HRICG must meet at least 6 times in each year unless HRICG otherwise determines.(4) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson is to preside at a meeting of HRICG. 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.(5) A decision supported by a majority of the votes cast at a meeting of HRICG at which a quorum is present is the decision of HRICG.
6 Meetings with HRNSW
(1) In addition to any other meetings that HRICG may hold, HRICG must hold a meeting not less than 6 times in each year with one or more members of HRNSW at least one of whom is the Chairperson or the chief executive officer of HRNSW.(2) The number of meetings required by this clause can be changed by agreement between HRNSW and HRICG.(3) The minutes of a meeting under this clause are to be circulated among both the members of HRICG and the members of HRNSW.
7 Administrative support
HRNSW is to provide such reasonable administrative support as may be required to enable HRICG to exercise its functions.
Schedule 3 Savings, transitional and other provisions
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 on the NSW legislation website, 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.(4) The provisions of this Schedule are subject to the regulations.
Part 2 Provisions consequent on enactment of this Act
Division 1 Interpretation
2 Definitions
In this Part:former administration Act means the Greyhound and Harness Racing Administration Act 2004.former Authority means the Greyhound and Harness Racing Regulatory Authority constituted by the former administration Act.former HRNSW Act means the Harness Racing Act 2002.
Division 2 Provisions relating to HRNSW
3 Continuation of HRNSW
HRNSW is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, HRNSW constituted under the former HRNSW Act.
4 Membership of HRNSW
(1) Despite section 6 of this Act, HRNSW is taken to be duly constituted under that section by the members of HRNSW holding office under section 8 of the former HRNSW Act immediately before the repeal of section 8 of that Act.(2) Subclause (1) has effect:(a) until the expiration of the term of office of those members or until the date on which the first appointment of members of HRNSW in accordance with section 6 of this Act takes effect, whichever occurs first, and(b) despite the vacation of office of any such member in accordance with Schedule 1.(3) The person holding office as Chairperson of HRNSW immediately before the repeal of section 8 of the former HRNSW Act is taken to have been elected to that office in accordance with Schedule 1.
5 Existing staff of HRNSW
(1) The person employed under section 11 of the former HRNSW Act to the office of chief executive officer and holding that office immediately before the repeal of that section is taken to have been employed in that office under section 13 of this Act. Until other provision is duly made, that employment is taken to be on the same terms and conditions as applied to the employment under section 11 of the former HRNSW Act.(2) Any person employed under section 12 of the former HRNSW Act as a member of staff of HRNSW and holding that position immediately before the repeal of that section is taken to have been employed in that position under section 14 of this Act. Until other provision is duly made, that employment is taken to be on the same terms and conditions as applied to the employment under section 12 of the former HRNSW Act.
6 Delegations
Any delegation made under section 56 of the former HRNSW Act is taken to have been made under section 42 of this Act.
Division 3 Provisions relating to former Authority and its assets, rights, liabilities and staff
7 References to former Authority
Regulations may be made under clause 1 that require a reference 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 HRNSW.
8 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) The Minister may, by order in writing, transfer to HRNSW such of the assets, rights and liabilities of the former Authority as are specified or referred to in the order.(3) An order under this clause takes effect on the date specified in the order.(4) An order under subclause (2) may be made on such terms and conditions as are specified in the order.(5) On and from the date on which any asset, right or liability is transferred by subclause (2), 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.(6) 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.(7) No attornment to HRNSW by a lessee of the former Authority is required.
9 Employment of employees of former Authority by HRNSW
(1) Until 1 August 2009, HRNSW:(a) must notify Authority employees whenever it intends to fill a position in the staff of HRNSW, and(b) must give the notified employees a reasonable opportunity to apply for the position.(2) An Authority employee who:(a) applies for a position to be filled as referred to in subclause (1), andis to be considered for the position in preference to any other applicant for the position who is not such a person.(b) at the time of making the application is performing substantially the same duties for the former Authority as are required to be performed in the position to be filled or, if at that time the former Authority has been dissolved, was performing substantially those same duties for the former Authority immediately before its dissolution,(3) The employment of an Authority employee who is appointed to a position in the staff of HRNSW in accordance with this clause is not to be terminated within the period of 24 months after the commencement of the employment on the ground of redundancy arising from the operation of this Act.(4) An Authority employee who is appointed to a position in the staff of HRNSW in accordance with this clause:(a) is, subject to paragraphs (b) and (c), to be employed by HRNSW during the period referred to in subclause (3) at the same salary that the employee received immediately before ceasing to be an employee of the former Authority, and(b) if the employee is employed by HRNSW on 1 July 2009, is entitled to a 4% increase in the employee’s salary at that date, and(c) if the employee is employed by HRNSW on 1 July 2010, is entitled to a further 4% increase in the employee’s salary at that date.(5) Subclause (4) is subject to any agreement relating to salary between HRNSW and the Authority employee concerned.(6) An Authority employee who is appointed to a position in the staff of HRNSW in accordance with this clause is, on commencing employment in that position, entitled to be paid compensation by HRNSW calculated in accordance with Schedule 1 to the Employment Protection Regulation 2001 (as in force at the commencement of this clause) as if the compensation payment were a severance payment referred to in that Schedule. No other payment or benefit is payable to the Authority employee merely because he or she ceases to be a member of staff of the former Authority.(7) If HRNSW is unable to fill a position in accordance with subclause (2) within a reasonable time after the position was notified to Authority employees, nothing in this clause prevents HRNSW from filling the position in any other way.(8) In this clause, Authority employee means a person who was a member of staff of the former Authority before its dissolution.
10 Duty and other fees
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.
11 Actions of former Authority
Anything done by the former Authority relating to a registration, suspension, disqualification or prohibition under the former administration Act in respect of harness racing before the dissolution of the former Authority is, after that dissolution, taken to have been done under the relevant provisions of this Act by HRNSW.
Division 4 Miscellaneous
12 References to former Act
(1) On and from the repeal of the former HRNSW Act, a reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the former HRNSW Act is to be read as a reference to this Act.(2) On and from the repeal of the former administration Act, a reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the former administration Act is to be read as a reference to this Act to the extent that it relates to harness racing.
13 Dissolution of Harness Racing Industry Participants Advisory Committee
(1) On the repeal of Part 5 of the former HRNSW Act, the Harness Racing Industry Participants Advisory Committee is dissolved.(2) No remuneration or compensation is payable to any member of that Committee as a result of its dissolution.
14 Existing rules
On the repeal of section 16 of the former administration Act, the rules made under that section and in force immediately before that repeal are taken to have been made under this Act by HRNSW and may be amended and repealed accordingly.
15 Registration
On the repeal of Part 3 of the former administration Act, any registration granted by the former Authority in relation to harness racing under that Act and in force immediately before that repeal is taken to have been granted by HRNSW under this Act.
16 Harness Racing Benevolent Fund
The Harness Racing Benevolent Fund established under section 52 of the former Act is taken to have been established under section 39 of this Act.