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This is a Bill, not an Act. For current law, see the Acts databases.


RACING AND GAMBLING ACTS (AMENDMENT) BILL 2005

                 PARLIAMENT OF VICTORIA

 Racing and Gambling Acts (Amendment) Act 2005
                                   Act No.


                       TABLE OF PROVISIONS
Clause                                                                    Page

PART 1--PRELIMINARY                                                          2
  1.     Purposes                                                            2
  2.     Commencement                                                        2

PART 2--RACING ACT 1958                                                      3
  3.     Appeals to Racing Appeals Tribunal                                  3
  4.     New Part IVA inserted                                               5
         PART IVA--RACING VICTORIA CENTRE LAND                               5
         95A.     Application of Part                                        5
         95B.     Definition                                                 5
         95C.     Surrender of Racing Victoria Centre land                   5
         95D.     Crown lease                                                6
         95E.     Power to enter agreements to use, sub-lease or assign
                  interest in Racing Victoria Centre land                    7
         95F.     Registrar of Titles to make necessary amendments           8

PART 3--GAMBLING REGULATION ACT 2003                                         9
  5.     Definition                                                          9
  6.     New section 2.5.16A inserted                                        9
         2.5.16A Restrictions on publication of race fields                  9
  7.     Certain communications etc. exempted                               11
  8.     Health benefit levy                                                11
  9.     Repeal of spent amending Acts                                      12
  10.    Statute law revision--Gambling Regulation (Further
         Amendment) Act 2004                                                12

PART 4--CASINO CONTROL ACT 1991                                             14
  11.    Health benefit levy                                                14
                               

ENDNOTES                                                                    15




                                       i
551333B.I1-24/5/2005                          BILL LA INTRODUCTION 24/5/2005

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Racing Act 1958 with respect to the Racing Victoria Centre land and appeals to the Racing Appeals Tribunal, to amend the Gambling Regulation Act 2003 with respect to the publication of race fields and the health benefit levy, to amend the Casino Control Act 1991 with respect to the health benefit levy, to amend the Gambling Regulation (Further Amendment) Act 2004, to repeal spent Acts and for other purposes. Racing and Gambling Acts (Amendment) Act 2005 The Parliament of Victoria enacts as follows: 1 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 1--Preliminary s. 1 PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to amend the Racing Act 1958 with respect to the Racing Victoria Centre land and 5 appeals to the Racing Appeals Tribunal; (b) to amend the Gambling Regulation Act 2003 with respect to the publication of race fields and the health benefit levy; (c) to amend the Casino Control Act 1991 with 10 respect to the health benefit levy; (d) to make statute law revision amendments to the Gambling Regulation (Further Amendment) Act 2004; (e) to repeal spent Acts. 15 2. Commencement (1) This Act (except sections 3 and 10) comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 10 is deemed to have come into operation 20 on 21 December 2004. (3) Subject to sub-section (4), section 3 comes into operation on a day to be proclaimed. (4) If section 3 does not come into operation before 31 December 2005, it comes into operation on that 25 day. __________________ 2 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 2--Racing Act 1958 s. 3 See: PART 2--RACING ACT 1958 Act No. 6353. 3. Appeals to Racing Appeals Tribunal Reprint No. 12 as at (1) In section 83F of the Racing Act 1958, after the 26 September 2002 definition of "controlling body" insert-- and amending ' "horse racing appeals and disciplinary body" 5 Act Nos means a body-- 45/2003, 96/2003, 114/2003, (a) the members of which are appointed by 45/2004 and the directors of Racing Victoria under 108/2004. LawToday: the Rules of Horse Racing, as made by www.dms. Racing Victoria; and 10 dpc.vic. gov.au (b) which has the function of hearing and determining-- (i) charges under those rules; and (ii) appeals from decisions of Stewards under those rules;'. 15 (2) For section 83K(1) of the Racing Act 1958 substitute-- "(1) Subject to this Part, a person upon whom a penalty has been imposed by-- (a) in the case of harness racing and 20 greyhound racing, the appropriate controlling body; (b) in the case of horse racing, the horse racing appeals and disciplinary body-- may, within 14 days after the imposing of the 25 penalty, in the prescribed form appeal to the Tribunal, and the Tribunal shall hear and determine the appeal.". 3 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 2--Racing Act 1958 s. 3 (3) In section 83K of the Racing Act 1958-- (a) in sub-section (4), for "controlling body" substitute "appropriate controlling body or the horse racing appeals and disciplinary body (as the case requires)"; 5 (b) in sub-sections (5), (6) and (6C), after "controlling body" insert "or the horse racing appeals and disciplinary body (as the case requires)"; (c) in sub-section (9), for "or controlling body 10 (as the case may be)" substitute ", the appropriate controlling body or the horse racing appeals and disciplinary body (as the case requires)". (4) For section 83K(10) of the Racing Act 1958 15 substitute-- "(10) The determination of the Tribunal and any penalty arising from it are binding upon the appellant, the Steward or Stewards and-- (a) in the case of harness racing, Harness 20 Racing Victoria; (b) in the case of greyhound racing, Greyhound Racing Victoria; (c) in the case of horse racing, Racing Victoria and the horse racing appeals 25 and disciplinary body.". (5) In section 83KA of the Racing Act 1958-- (a) for sub-section (3)(b) substitute-- "(b) make or substitute any decision which the appropriate controlling body or the 30 horse racing appeals and disciplinary body (as the case requires) would have been empowered to make."; (b) sub-section (6) is repealed. 4 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 2--Racing Act 1958 s. 4 4. New Part IVA inserted At the end of Part IV of the Racing Act 1958 insert-- 'PART IVA--RACING VICTORIA CENTRE LAND 5 95A. Application of Part This Part has effect despite anything to the contrary in The Victoria Racing Club Act 1871, The Victoria Racing Club Act 1956, the Land Act 1958, the Crown Land 10 (Reserves) Act 1978 or any other Act, law, lease or other instrument. 95B. Definition In this Part-- "Racing Victoria Centre land" means 15 Crown Allotment 28F of Section 2, in the Parish of Doutta Galla, County of Bourke, being an area of 2229 hectares. 95C. Surrender of Racing Victoria Centre land 20 (1) The chairman of the committee of the Victoria Racing Club, by instrument, may surrender to the Crown the Racing Victoria Centre land which is vested in the chairman to be held on trust for the Victoria Racing 25 Club under The Victoria Racing Club Act 1871 and described in Crown lease Volume 10757 Folio 757. 5 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 2--Racing Act 1958 s. 4 (2) On the surrender of the land under sub- section (1)-- (a) Crown lease Volume 10757 Folio 757 is revoked; and (b) the chairman of the committee of the 5 Victoria Racing Club is freed and discharged from all further duties and liabilities under any trust in respect of that land; and (c) the Racing Victoria Centre land is 10 deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. 15 95D. Crown lease (1) On or after the surrender of the Racing Victoria Centre land under section 95C, the Governor in Council, on behalf of the Crown, may grant a lease of the Racing 20 Victoria Centre land to Racing Victoria for the purposes of the administration of horse racing, including-- (a) the use of that land for purposes connected with and for the benefit of 25 horse racing and other sports in Victoria; and (b) training, research and analytical testing. (2) A lease under sub-section (1) may be for an initial term not exceeding 64 years. 30 6 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 2--Racing Act 1958 s. 4 (3) A lease granted under sub-section (1)-- (a) may contain provision for the term of the lease to be extended one or more times, but-- (i) each extension of the term must 5 not exceed 64 years; and (ii) the aggregate of the initial term and any extensions of the term must not exceed 99 years; and (b) may contain provision for a lessee to 10 remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the 15 lease; and (c) is subject to any other covenants, exceptions, reservations and conditions that are determined by the Governor in Council. 20 95E. Power to enter agreements to use, sub- lease or assign interest in Racing Victoria Centre land (1) Subject to sub-section (2), on or after the granting a Crown lease of the Racing 25 Victoria Centre land under section 95D, Racing Victoria may use, sub-let or assign its interest in the Racing Victoria Centre land or any part of that land if, in the opinion of Racing Victoria the use, letting or 30 assignment-- (a) is for a purpose consistent with the purposes specified in section 95D; and (b) will not prevent or hinder Racing Victoria from carrying out its functions. 35 7 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 2--Racing Act 1958 s. 4 (2) Racing Victoria must obtain the written approval of the Minister before exercising a power under sub-section (1). (3) An agreement to use, a sub-lease or an assignment of an interest entered into under 5 this section-- (a) may be for a term determined by Racing Victoria not exceeding 21 years; and (b) is subject to any other covenants, 10 exceptions, reservations and conditions that are determined by Racing Victoria. 95F. Registrar of Titles to make necessary amendments The Registrar of Titles, on being requested to 15 do so, must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.'. 20 __________________ 8 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 3--Gambling Regulation Act 2003 s. 5 See: PART 3--GAMBLING REGULATION ACT 2003 Act No. 114/2003 5. Definition and amending In section 1.3(1) of the Gambling Regulation Act Nos 10/2004, Act 2003, after the definition of "race" insert-- 16/2004, 33/2004, ' "race field" means any information that 5 45/2004, identifies, or is capable of identifying, the 54/2004, 70/2004, names or numbers of the horses or 104/2004 and greyhounds-- 108/2004. LawToday: www.dms. (a) nominated for, or which will otherwise dpc.vic. take part in, an intended horse race, 10 gov.au harness race or greyhound race to be conducted in Victoria; or (b) that have been scratched or withdrawn from an intended horse race, harness race or greyhound race to be conducted 15 in Victoria;'. 6. New section 2.5.16A inserted After section 2.5.16 of the Gambling Regulation Act 2003 insert-- '2.5.16A Restrictions on publication of race fields 20 (1) A wagering service provider must not, in Victoria or elsewhere, publish or otherwise make available a race field for valuable consideration without the approval of the appropriate controlling body. 25 Penalty: 60 penalty units. (2) Sub-section (1) does not apply to-- (a) the licensee within the meaning of Chapter 4; or (b) the wagering operator; or 30 9 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 3--Gambling Regulation Act 2003 s. 6 (c) an approved bookmaker; or (d) a publication that is approved under section 2.5.19. (3) In this section-- "betting exchange" means a facility, 5 electronic or otherwise, that provides a mechanism through which-- (a) offers to enter into wagering contracts are regularly made and accepted; or 10 (b) offers or invitations to enter into wagering contracts are regularly made that are intended to result, or may reasonably be expected to result, directly or indirectly, in the 15 acceptance of the offers or invitations; "controlling body" has the same meaning as in section 83F of the Racing Act 1958; 20 "publish" means publish or disseminate, or cause to be published or disseminated, in any form or by any method of communication; "wagering contract" means a contract, 25 arrangement or understanding-- (a) to make a bet or wager; or (b) to enter into or take a share or interest in another transaction that involves a bet or wager; 30 10 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 3--Gambling Regulation Act 2003 s. 7 "wagering service provider" means-- (a) a person who operates a totalisator in Victoria or elsewhere; (b) a person who operates a betting exchange in Victoria or elsewhere; 5 (c) a person who, in Victoria or elsewhere, carries on the business of, or acts as, a bookmaker or turf commission agent; (d) a person who, in Victoria or 10 elsewhere, gains or endeavours to gain their livelihood wholly or partly by betting or making wagers; (e) an employee or agent of a person 15 mentioned in paragraph (a), (b), (c) or (d).'. 7. Certain communications etc. exempted In section 2.5.19 of the Gambling Regulation Act 2003-- 20 (a) in sub-section (1), after "betting odds" insert "or race fields"; (b) in sub-section (2), for "betting odds prevailing at a race meeting" substitute "betting odds prevailing at, or race fields 25 relating to, a race meeting". 8. Health benefit levy (1) In the formula set out in section 3.6.3(1) of the Gambling Regulation Act 2003, for "$1533.33" substitute "$3033.33". 30 11 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 3--Gambling Regulation Act 2003 s. 9 (2) After section 3.6.3(4) of the Gambling Regulation Act 2003 insert-- "(5) Sub-section (1) as amended by section 8(1) of the Racing and Gambling Acts (Amendment) Act 2005 applies to the 5 health benefit levy for the financial year beginning on 1 July 2005 and each subsequent financial year.". 9. Repeal of spent amending Acts The following Acts are repealed-- 10 (a) the Gaming Machine Control (Amendment) Act 1993; (b) the Gaming Machine Control (General Amendment) Act 1993; (c) the Gaming Machine Control (Community 15 Support Fund) Act 1996; (d) the Gaming Acts (Miscellaneous Amendment) Act 1997. 10. Statute law revision--Gambling Regulation (Further Amendment) Act 2004 20 (1) Section 36(6) of the Gambling Regulation (Further Amendment) Act 2004 is repealed. (2) For section 36(7) of the Gambling Regulation (Further Amendment) Act 2004 substitute-- '(7) For section 10.4.3(3)(b) of the Principal Act 25 substitute-- "(b) any commissioner, in relation to an application for-- (i) a gaming industry employee's licence; 30 (ii) approval as a nominee of a venue operator under section 3.4.14; 12 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 3--Gambling Regulation Act 2003 s. 10 (iii) approval as a nominee of a bingo centre operator under section 8.5.9; (iv) approval as a nominee of a commercial raffle organiser under 5 section 8.5A.10.".'. (3) Section 36(9) of the Gambling Regulation (Further Amendment) Act 2004 is repealed. (4) For section 36(10) of the Gambling Regulation (Further Amendment) Act 2004 substitute-- 10 '(10) For section 10.4.4(3)(b) of the Principal Act substitute-- "(b) any commissioner, in relation to an application for-- (i) a gaming industry employee's 15 licence; (ii) approval as a nominee of a venue operator under section 3.4.14; (iii) approval as a nominee of a bingo centre operator under 20 section 8.5.9; (iv) approval as a nominee of a commercial raffle organiser under section 8.5A.10.".'. __________________ 13 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Part 4--Casino Control Act 1991 s. 11 See: PART 4--CASINO CONTROL ACT 1991 Act No. 47/1991. 11. Health benefit levy Reprint No. 6 as at (1) In the formula set out in section 114A(1) of the 1 July 2004 and Casino Control Act 1991, for "$1533.33" amending substitute "$3033.33". 5 Act Nos 33/2004, 104/2004 and (2) For section 114A(5) of the Casino Control Act 108/2004. 1991 substitute-- LawToday: www.dms. "(5) Sub-section (1) as amended by section 11(1) dpc.vic. gov.au of the Racing and Gambling Acts (Amendment) Act 2005 applies to the 10 health benefit levy for the financial year beginning on 1 July 2005 and each subsequent financial year.". 14 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

Racing and Gambling Acts (Amendment) Act 2005 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 15 551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005

 


 

 


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