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TASMANIA
__________
RACING REGULATION AMENDMENT BILL 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 19 amended (Membership of regulatory panels)
6. Sections 19A and 19B inserted
19A. The Director's deputy
19B. Other deputies
7. Section 20 amended (The independent lawyer)
8. Section 21 amended (Functions and powers of regulatory panels)
9. Section 28 amended (Persons may appeal to TRAB about
disputed bets and other matters)
10. Section 40 amended (Registration and renewal of registration)
11. Section 54 amended (Warning-off notices)
12. Section 61 amended (What does registration authorise?)
13. Section 112 amended (Council elections)
14. Schedule 3 amended (Regulatory Panels)
[Bill 14]-III
2
RACING REGULATION AMENDMENT BILL 2006
(Brought in by the Minister for Infrastructure, the Honourable
James Glennister Cox)
A BILL FOR
An Act to amend the Racing Regulation Act 2004
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:
1. Short title
This Act may be cited as the Racing Regulation
Amendment Act 2006.
2. Commencement
This Act commences on 1 August 2006.
3. Principal Act
In this Act, the Racing Regulation Act 2004* is
referred to as the Principal Act.
*No. 62 of 2004
[Bill 14] 3
Racing Regulation Amendment Act 2006
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting the definition of "exclude".
5. Section 19 amended (Membership of regulatory
panels)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "(or
the Director's nominee)";
(b) by omitting from subsection (1)(c) "(or
that chairperson's nominee)";
(c) by omitting from subsection (2)(a) "(or
the Director's nominee)";
(d) by omitting from subsection (2)(c) "(or
that chairperson's nominee)";
(e) by omitting from subsection (3)(a) "(or
the Director's nominee)";
(f) by omitting from subsection (3)(c) "(or
that chairperson's nominee)";
(g) by omitting subsection (4);
(h) by omitting from subsection (5) "(or, if
applicable, the Director's nominee)".
4
Racing Regulation Amendment Act 2006
Act No. of
s. 6
6. Sections 19A and 19B inserted
After section 19 of the Principal Act, the
following sections are inserted in Part 4:
19A. The Director's deputy
(1) The Minister may appoint a State Service
officer or State Service employee
nominated by the Director to be the
Director's deputy for the purposes of this
Part and that officer or employee may
hold that appointment in conjunction
with State Service employment.
(2) The appointment may be for an indefinite
period or for such period as the Minister
specifies in the instrument of
appointment.
(3) If for any reason the Director is unable to
perform his or her functions on or in
respect of a particular regulatory panel,
the person appointed as the Director's
deputy for the purposes of this Part is
entitled to perform those functions and
when so doing is taken to be a member,
and the chairperson, of that regulatory
panel.
19B. Other deputies
(1) The racing code member of each
regulatory panel has a deputy, that
deputy being the person who is for the
time being -
5
Racing Regulation Amendment Act 2006
Act No. of
s. 6
(a) in the case of the Thoroughbred
Racing Regulatory Panel, the
deputy chairperson of the
Tasmanian Thoroughbred Racing
Council; and
(b) in the case of the Harness Racing
Regulatory Panel, the deputy
chairperson of Harness Racing
Tasmania; and
(c) in the case of the Greyhound
Racing Regulatory Panel, the
deputy chairperson of Greyhound
Racing Tasmania.
(2) If for any reason the racing code member
of a regulatory panel is unable or
unwilling to perform his or her functions
on or in respect of that regulatory panel,
that member's deputy is entitled to
perform those functions and when so
doing is taken to be a member of that
regulatory panel.
(3) In this section -
"racing code member", of a
regulatory panel, means -
(a) in the case of the Thoroughbred
Racing Regulatory Panel, the
member referred to in
section 19(1)(c); and
(b) in the case of the Harness Racing
Regulatory Panel, the member
6
Racing Regulation Amendment Act 2006
Act No. of
s. 7
referred to in section 19(2)(c);
and
(c) in the case of the Greyhound
Racing Regulatory Panel, the
member referred to in
section 19(3)(c).
7. Section 20 amended (The independent lawyer)
Section 20(4) of the Principal Act is amended by
inserting "regulatory" after "that".
8. Section 21 amended (Functions and powers of
regulatory panels)
Section 21(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (c)
"registrations" and substituting "the
registration of animals";
(b) by inserting in paragraph (d) "and
certificates of registration to persons"
after "licences".
9. Section 28 amended (Persons may appeal to TRAB
about disputed bets and other matters)
Section 28 of the Principal Act is amended as
follows:
7
Racing Regulation Amendment Act 2006
Act No. of
s. 10
(a) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) aggrieved, as a registered
bookmaker or bookmaker's
agent, by the decision of a
registered club to withdraw its
permission for the person to
engage in bookmaking on a
racecourse under its control; or
(b) by omitting from subsection (1)(d)(ii)
"owned or leased" and substituting
"owned, leased or trained";
(c) by omitting subsection (2) and
substituting the following subsection:
(2) However, an appeal does not lie
to the TRAB in respect of a
stewards' decision which alters
the result of a horse race or
greyhound race if the decision
was made before the declaration
of "correct weight" or "all clear".
10. Section 40 amended (Registration and renewal of
registration)
Section 40(1)(e) of the Principal Act is amended
by omitting "owner or lessee" and substituting
"owner, lessee or licensee".
8
Racing Regulation Amendment Act 2006
Act No. of
s. 11
11. Section 54 amended (Warning-off notices)
Section 54 of the Principal Act is amended by
omitting subsection (13) and substituting the
following subsection:
(13) Nothing in this section limits the right of
a Council or registered club to do, by
means other than a warning-off notice,
either of the following:
(a) refuse its permission for a person
to enter a racecourse under its
control;
(b) withdraw its permission for a
person to remain on a racecourse
under its control.
12. Section 61 amended (What does registration
authorise?)
Section 61(6) of the Principal Act is amended by
omitting paragraph (c) and substituting the
following paragraph:
(c) affects the right of a registered club to
withdraw its permission for a registered
bookmaker or bookmaker's agent to
engage in bookmaking on a racecourse
under its control.
9
Racing Regulation Amendment Act 2006
Act No. of
s. 13
13. Section 112 amended (Council elections)
Section 112 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"Chief Electoral Officer" twice occurring
and substituting "Electoral
Commissioner";
(b) by omitting from subsection (1)(b)
"Chief Electoral Officer" and substituting
"Electoral Commissioner";
(c) by omitting from subsection (2)(f) "Chief
Electoral Officer" and substituting
"Electoral Commissioner";
(d) by omitting the definition of "Chief
Electoral Officer" from subsection (3)
and substituting the following definition:
"Electoral Commissioner" means the
Electoral Commissioner
appointed under section 14 of the
Electoral Act 2004.
14. Schedule 3 amended (Regulatory Panels)
Schedule 3 to the Principal Act is amended by
omitting from the definition of "member" in
clause 4(3) of Part 3 "or nominee".
10 Government Printer, Tasmania