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TASMANIA
__________
RACING (TASRACING PTY LTD)
(TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS) BILL 2009
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - SAVINGS AND TRANSITIONAL
3. Interpretation
4. Vesting of assets, rights, liabilities, &c., in the Company
5. Powers of Company in respect of matters arising under this Act
6. Existing staff of TRB to be transferred
7. Superannuation
8. Rules of Racing, policies and guidelines
9. Warning-off notices, &c.
10. Acts, &c., done by or to TRB
11. Regulations
PART 3 - MISCELLANEOUS
12. Administration of Act
13. Consequential amendments
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
[Bill 34]-I
2
RACING (TASRACING PTY LTD)
(TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS) BILL 2009
(Brought in by the Minister for Police and Emergency
Management, the Honourable James Glennister Cox)
A BILL FOR
An Act to provide for the transfer of property, rights,
liabilities and employees to Tasracing Pty Ltd as the
universal successor of the Tasmanian Racing Board and to
consequentially amend certain Acts
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Racing (Tasracing
Pty Ltd) (Transitional and Consequential
Provisions) Act 2009.
2. Commencement
This Act commences immediately after the
commencement of the Racing (Tasracing Pty
Ltd) Act 2009.
[Bill 34] 3
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
s. 3 Part 2 - Savings and Transitional
PART 2 - SAVINGS AND TRANSITIONAL
3. Interpretation
(1) In this Part -
"asset" has the same meaning as in the
Racing (Tasracing Pty Ltd) Act 2009;
"Board" has the same meaning as in the
Racing (Tasracing Pty Ltd) Act 2009;
"Company" has the same meaning as in the
Racing (Tasracing Pty Ltd) Act 2009;
"director" means a director of the Company;
"incorporation day" means the day on which
the Company is incorporated;
"liability" has the same meaning as in the
Racing (Tasracing Pty Ltd) Act 2009;
"right" has the same meaning as in the
Racing (Tasracing Pty Ltd) Act 2009;
"TRB" has the same meaning as in the
Racing (Tasracing Pty Ltd) Act 2009.
(2) Unless the contrary intention appears, an
expression used in this Act has the same
meaning as it has in the Racing Regulation Act
2004.
4
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
Part 2 - Savings and Transitional s. 4
4. Vesting of assets, rights, liabilities, &c., in the
Company
(1) On and after the incorporation day, the following
provisions have effect:
(a) the assets of the TRB vest in the
Company by virtue of this section and
without the need for any further transfer,
assignment or assurance;
(b) the rights or liabilities of the TRB
become by virtue of this section the
rights or liabilities of the Company;
(c) legal or other proceedings commenced
by or against the TRB before, and
pending on, the incorporation day, or that
are taken by virtue of section 15(1) of the
Racing Regulation Amendment
(Governance Reform) (Transitional and
Consequential Provisions) Act 2008 to
be proceedings pending by or against the
TRB, may be continued by or, as the case
may be, against the Company;
(d) a judgment or order of a court obtained
in those proceedings whether by or
against the TRB, or that may be enforced
by virtue of section 15(1) of the Racing
Regulation Amendment (Governance
Reform) (Transitional and Consequential
Provisions) Act 2008 by or against the
TRB, may be enforced by or, as the case
may be, against the Company;
5
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
s. 4 Part 2 - Savings and Transitional
(e) legal or other proceedings which could
have been commenced by or against the
TRB before, and pending on, the
incorporation day, or that may be
commenced by virtue of section 15(1) of
the Racing Regulation Amendment
(Governance Reform) (Transitional and
Consequential Provisions) Act 2008 by
or against the TRB, may be commenced
by or against the Company;
(f) a document addressed to, and purporting
to be served on, the TRB relating to
those proceedings, or that is taken by
virtue of section 15(1) of the Racing
Regulation Amendment (Governance
Reform) (Transitional and Consequential
Provisions) Act 2008 to have been served
on the TRB, is taken to be served on the
Company;
(g) a reference to the TRB in any Act, in any
instrument made under any Act, in any
contract (other than a contract of
employment), agreement, arrangement or
undertaking or in any document of any
kind, or that is taken by virtue of section
15(1) of the Racing Regulation
Amendment (Governance Reform)
(Transitional and Consequential
Provisions) Act 2008 to be, or include, a
reference to the TRB, is taken to be, or
include, a reference to the Company.
6
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
Part 2 - Savings and Transitional s. 4
(2) The operation of this section 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.
(3) State tax is not payable in respect of any
document prepared to give effect to
subsection (1).
(4) In this section -
"State tax" means application or registration
fees, stamp duty or any other tax, duty,
fee or charge imposed by any Act or law
of Tasmania.
7
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
s. 5 Part 2 - Savings and Transitional
5. Powers of Company in respect of matters arising
under this Act
(1) This section applies to -
(a) debts, money, claims, securities and
charges relating to assets that vest in the
Company under this Act; and
(b) liabilities that become liabilities of the
Company under this Act.
(2) On and after the incorporation day, the Company
may -
(a) in addition to pursuing any other
remedies or exercising any other powers
that may be available to it, pursue the
same remedies, for the recovery of debts,
money and claims to which this section
applies that are payable to, or recoverable
by, the TRB and for the prosecution of
proceedings relating to any such debts,
money or claims, as the TRB might have
pursued but for the enactment of this
Act; and
(b) enforce and realise any security or charge
to which this section applies and which
was in existence immediately before the
incorporation day in favour of the TRB,
and exercise any powers conferred under
the security or charge on the TRB as if it
were a security or charge in favour of the
Company.
8
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
Part 2 - Savings and Transitional s. 6
6. Existing staff of TRB to be transferred
(1) On the incorporation day, the employment of all
employees of the TRB is terminated and they
become employees of the Company.
(2) On the incorporation day, the Company becomes
the employer of each employee of the TRB.
(3) An employee of the TRB -
(a) is taken to have been employed by the
Company on the same terms and
conditions, including remuneration, as
the employee was receiving immediately
before the incorporation day; and
(b) retains all existing and accrued rights
relating to leave as if service as an
employee of the Company were a
continuation of his or her service as an
employee of the TRB; and
(c) may claim those rights against the
Company.
(4) The period of service of an employee of the TRB
is taken to be service as an employee of the
Company.
(5) Nothing in subsection (1) or (2) prevents any of
the terms or conditions of employment of an
employee of the TRB being altered by an award,
industrial agreement or any other law having
effect after the incorporation day.
9
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
s. 7 Part 2 - Savings and Transitional
(6) If the Long Service Leave (State Employees) Act
1994 applied to an employee of the TRB
immediately before the incorporation day, that
Act continues to apply to that employee unless -
(a) he or she gives written notice to the
Company that he or she elects that that
Act not apply; or
(b) an award or industrial agreement
provides otherwise.
(7) The termination of an employee's employment
under subsection (1) is not to be regarded as a
cessation of employment for superannuation
purposes.
(8) Nothing in this section entitles an employee of
the TRB whose employment is terminated and
who becomes an employee of the Company by
virtue of subsection (1) to any payment or
compensation in respect of that termination of
employment.
7. Superannuation
(1) The Company is to make adequate provision to
meet any liability it may have under the
Retirement Benefits Act 1993 to pay pension and
other benefits in respect of employees who by
virtue of section 6 become employees of the
Company.
10
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
Part 2 - Savings and Transitional s. 8
(2) Nothing in this Act affects the superannuation
entitlements of a person referred to in
subsection (1) that were in existence
immediately before the incorporation day.
8. Rules of Racing, policies and guidelines
(1) The Rules of Racing, policies and guidelines of
the TRB that were in force for a code of racing
under the Racing Regulation Act 2004
immediately before the incorporation day
continue in force as the Rules of Racing, policies
and guidelines of the Company for that code of
racing on and after the incorporation day.
(2) On or after the incorporation day, the Rules of
Racing, policies and guidelines of the TRB so
continued in force may at any time be amended,
rescinded or rescinded and replaced by new
Rules of Racing, policies and guidelines of the
Company, in accordance with the Racing
Regulation Act 2004 as in force on and after the
incorporation day.
9. Warning-off notices, &c.
Any notice issued by or on behalf of the TRB
under section 54 of the Racing Regulation Act
2004, or that is taken by virtue of section 23 of
the Racing Regulation Amendment (Governance
Reform) (Transitional and Consequential
Provisions) Act 2008 to have been issued by the
11
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
s. 10 Part 2 - Savings and Transitional
TRB, that was still in force immediately before
the incorporation day continues in force on and
after that day, according to its terms, as a
warning-off notice issued by the Company.
10. Acts, &c., done by or to TRB
All acts, matters and things that before the
incorporation day -
(a) were done or omitted to be done by, or
done in relation to, the TRB; or
(b) had, by virtue of section 24 of the Racing
Regulation Amendment (Governance
Reform) (Transitional and Consequential
Provisions) Act 2008, the same force and
effect as if they had been done or omitted
to be done by, or done in relation to, the
TRB -
have, on and after that day, the same force and
effect as if they had been done or omitted to be
done by, or done or suffered in relation to, the
Company.
11. Regulations
(1) The Governor may make regulations of a
savings or transitional nature consequent on the
enactment of this Act or the Racing (Tasracing
Pty Ltd) Act 2009.
12
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
Part 2 - Savings and Transitional s. 11
(2) Without limiting the generality of subsection (1),
regulations made under this section may
supplement any of the provisions of this Act.
(3) Regulations made under this section may -
(a) take effect on the incorporation day or a
later day as specified in the regulations,
whether the day so specified is before, on
or after the day on which the regulations
are made; and
(b) be made so as to apply differently
according to matters, limitations or
restrictions, whether as to time,
circumstance or otherwise, specified in
the regulations; and
(c) authorise any matter to be from time to
time determined, applied or regulated by
the Minister, Company or Director.
13
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
s. 12 Part 3 - Miscellaneous
PART 3 - MISCELLANEOUS
12. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Racing; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
13. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
14
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 13
Gaming Control Act 1993
1. Section 76ZDB is amended by omitting
paragraph (c) from the definition of "regulatory
Agency" and substituting:
(c) Tasracing Pty Ltd formed under the
Racing (Tasracing Pty Ltd) Act 2009; or
Racing Regulation Act 2004
1. Section 3 is amended as follows:
(a) by omitting "the TRB" from the
definition of "betting-only meeting" and
substituting "Tasracing";
(b) by omitting ", TRB" from the definition
of "chairperson";
(c) by omitting ", TRB" from the definition
of "deputy chairperson";
(d) by omitting the definition of "panel";
(e) by inserting the following definition after
the definition of "steward":
"Tasracing" means Tasracing Pty Ltd
formed under the Racing
(Tasracing Pty Ltd) Act 2009;
15
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
sch. 1
(f) by omitting the definition of "TRB".
2. Section 6(2)(c) is amended by omitting "the
TRB" and substituting "Tasracing".
3. Section 7(2) is amended as follows:
(a) by omitting from paragraph (fa) "the
TRB" and substituting "Tasracing";
(b) by omitting from paragraph (fb) "the
TRB" and substituting "Tasracing";
(c) by omitting from paragraph (fc) "the
TRB" and substituting "Tasracing".
4. Section 10 is repealed.
5. Section 11 is amended as follows:
(a) by omitting from subsection (1) "The
TRB" and substituting "Tasracing";
(b) by omitting from subsection (1)(r) "the
TRB" and substituting "Tasracing";
(c) by omitting subsections (2), (3), (4), (5),
(6), (7), (8), (9), (10) and (11) and
substituting the following subsection:
16
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
sch. 1
(11) Tasracing must perform its
functions and exercise its powers
in accordance with the Rules of
Racing.
(d) by omitting from subsection (12) "the
TRB" twice occurring and substituting
"Tasracing".
6. Sections 12, 13, 14, 15 and 16 are repealed.
7. Division 2 of Part 3 is repealed.
8. Section 22(6)(e) is amended by omitting "the
TRB" and substituting "Tasracing".
9. Section 23(7)(e) is amended by omitting "the
TRB" and substituting "Tasracing".
10. Section 28(1)(a) is amended by omitting "the
TRB" and substituting "Tasracing".
11. Section 36(1)(c) is amended by omitting "the
TRB" and substituting "Tasracing".
12. Section 40 is amended as follows:
17
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
sch. 1
(a) by omitting from subsection (1) "the
TRB" and substituting "Tasracing";
(b) by omitting from subsection (1A) "the
TRB" and substituting "Tasracing";
(c) by omitting from subsection (2) "the
TRB" and substituting "Tasracing".
13. Section 44 is amended as follows:
(a) by omitting from subsection (1) "the
TRB" and substituting "Tasracing";
(b) by omitting from subsection (3)(a) "the
TRB" and substituting "Tasracing";
(c) by omitting from subsection (3)(b) "the
TRB" and substituting "Tasracing";
(d) by omitting from subsection (4) "the
TRB" and substituting "Tasracing".
14. Section 44A(1) is amended by omitting "the
TRB" and substituting "Tasracing".
15. Section 44B is amended as follows:
(a) by omitting from subsection (1) "the
TRB" and substituting "Tasracing";
18
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
sch. 1
(b) by omitting from subsection (2) "The
TRB" and substituting "Tasracing".
16. Section 44C is amended as follows:
(a) by omitting from subsection (1) "The
TRB" and substituting "Tasracing";
(b) by omitting from subsection (2) "the
TRB" and substituting "Tasracing";
(c) by omitting from subsection (3) "The
TRB" and substituting "Tasracing".
17. Section 44D is amended as follows:
(a) by omitting "the TRB" first occurring
and substituting "Tasracing";
(b) by omitting from paragraph (b) "the
TRB" and substituting "Tasracing".
18. Section 47 is amended as follows:
(a) by omitting from subsection (4)(b) "the
TRB" and substituting "Tasracing";
(b) by omitting from subsection (5) "the
TRB" twice occurring and substituting
"Tasracing";
19
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
sch. 1
(c) by omitting from subsection (6) "the
TRB" and substituting "Tasracing".
19. Section 51 is amended as follows:
(a) by omitting from subsection (2) "the
TRB and IAB" and substituting
"Tasracing and the IAB";
(b) by omitting from subsection (7) "the
TRB" and substituting "Tasracing".
20. Section 54 is amended as follows:
(a) by omitting from subsection (2) "The
TRB" and substituting "Tasracing";
(b) by omitting from subsection (2)(a) "the
TRB or club" and substituting "Tasracing
or the club";
(c) by omitting from subsection (2)(b) "the
TRB or club" and substituting "Tasracing
or the club";
(d) by omitting from subsection (4) "the
TRB or" and substituting "Tasracing or
the";
(e) by omitting from subsection (4) "TRB
or" second occurring and substituting
"Tasracing or the";
20
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
sch. 1
(f) by omitting from subsection (6) "the
TRB or" and substituting "Tasracing or
the";
(g) by omitting from subsection (12) "the
TRB or" first occurring and substituting
"Tasracing or the";
(h) by omitting from subsection (12)(a) "the
TRB or" twice occurring and substituting
"Tasracing or the";
(i) by omitting from subsection (12)(b) "the
TRB or" and substituting "Tasracing or
the";
(j) by omitting from subsection (13) "the
TRB or" and substituting "Tasracing or
the".
21. Section 82(2)(b) is amended by omitting "the
TRB" and substituting "Tasracing".
22. Section 106 is amended as follows:
(a) by omitting subsection (2);
(b) by omitting subsection (4).
23. Section 109(3)(c) is amended by omitting "the
TRB" twice occurring and substituting
"Tasracing".
21
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
sch. 1
24. Section 111 is amended as follows:
(a) by omitting from subsection (2)(b) "the
TRB" and substituting "Tasracing";
(b) by omitting from subsection (4) "The
TRB" and substituting "Tasracing";
(c) by omitting from subsection (5) "the
TRB" and substituting "Tasracing";
(d) by omitting from subsection (6) "The
TRB" and substituting "Tasracing";
(e) by omitting from subsection (7)(b) "the
TRB" and substituting "Tasracing".
25. Schedules 1, 2 and 3 are repealed.
TOTE Tasmania (Racing Regulation) Act 2004
1. Section 3 is amended by omitting the definition
of "TRB" and substituting the following
definition:
"Tasracing" means Tasracing Pty Ltd formed
under the Racing (Tasracing Pty Ltd) Act
2009.
2. Section 10(1) is amended as follows:
22
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
sch. 1
(a) by omitting "the TRB" twice occurring
and substituting "Tasracing";
(b) by inserting "and the Racing (Tasracing
Pty Ltd) Act 2009" after "Racing
Regulation Act 2004".
3. Section 11(3) is amended as follows:
(a) by omitting "the TRB" first occurring
and substituting "Tasracing";
(b) by omitting from paragraph (b) "the
TRB" and substituting "Tasracing".
4. Section 11A(1) is amended by omitting "the
TRB" and substituting "Tasracing".
TOTE Tasmania Act 2000
1. The long title is amended by omitting "and
administrative".
Workers Rehabilitation and Compensation Act 1988
1. Section 4DC is amended as follows:
(a) by omitting from subsection (1) "the
TRB" and substituting "Tasracing";
23
Racing (Tasracing Pty Ltd) (Transitional and Consequential
Provisions) Act 2009
Act No. of
sch. 1
(b) by omitting from subsection (2)(a) "the
TRB" and substituting "Tasracing";
(c) by omitting from subsection (2)(b) "the
TRB" and substituting "Tasracing";
(d) by omitting the definition of "TRB" from
subsection (4) and substituting the
following definition:
"Tasracing" means Tasracing Pty Ltd
formed under the Racing
(Tasracing Pty Ltd) Act 2009.
24 Government Printer, Tasmania