Greyhound Racing Act 2017 (NSW)

Greyhound Racing Act 2017 No 13 An Act to regulate greyhound racing and to provide for the welfare of greyhounds; to constitute the Greyhound Welfare and Integrity Commission and to reconstitute Greyhound Racing New South Wales; to repeal the Greyhound Racing Prohibition Act 2016 and the Greyhound Racing Act 2009; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Greyhound Racing Act 2017. 2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). (2) Schedule 5 commences on the date of assent to this Act. 3 Definitions (1) In this Act— animal welfare body means an approved charitable organisation within the meaning of the Prevention of Cruelty to Animals Act 1979. Board means the board of directors of GRNSW. Chief Commissioner means the Chief Commissioner of the Commission appointed under section 5. chief executive officer of the Commission means the person employed in the Public Service as the chief executive officer of the Commission. code of practice means the code of practice made under section 36 as in force from time to time. Commission means the Greyhound Welfare and Integrity Commission constituted under this Act. Commissioner means the Chief Commissioner or other Commissioner of the Commission appointed under section 5. former Act means the Greyhound Racing Act 2009. function includes a power, authority or duty and exercise a function includes perform a duty. greyhound means a greyhound owned or kept— (a) in connection with greyhound racing, or (b) by a greyhound racing industry participant. greyhound race meeting means an event at which greyhound racing takes place. greyhound racing (or greyhound race) means racing between greyhounds in competitive pursuit of an artificial lure activated by mechanical means, and includes— (a) a greyhound trial or training race, and (b) racing in a test of speed of a greyhound or of greyhounds competing separately. greyhound racing club means a non-proprietary association holding a racecourse licence under the Betting and Racing Act 1998 and includes an association of greyhound racing clubs. greyhound racing industry participant means any of the following persons, whether or not the person is employed or engaged on a full-time basis and whether or not the person receives payment or other consideration for the activity concerned— (a) a person who owns, breeds or keeps greyhounds, (b) a person who trains greyhounds, (c) a person who handles greyhounds at a greyhound race or trial, (d) a person who acts as a bookmaker or bookmaker's clerk in connection with greyhound racing, (e) a person who provides such health services to greyhounds as are prescribed by the regulations, (f) any other person who is of a class of persons associated with greyhound racing that is prescribed by the regulations for the purposes of this definition. greyhound racing rules (or rules) means rules made by the Commission under this Act. greyhound trial track means any premises (other than a licensed racecourse) held out by the proprietor as being available for the purpose of enabling greyhounds (other than those owned by or leased to the proprietor) to compete in trials or be trained in racing, and includes such other premises as are prescribed by the regulations for the purposes of this definition. GRNSW means Greyhound Racing New South Wales constituted under this Act. inspector means a person appointed by the Commission under section 68. licensed racecourse means a racecourse licensed under the Betting and Racing Act 1998 for greyhound race meetings. operating licence means an operating licence granted by the Minister under section 25. premises includes— (a) a building or structure, or (b) land or a place (whether built on or not), or (c) a vehicle or trailer. proprietor of a greyhound trial track means a person who is the owner, lessee or occupier, or who otherwise has the management or control, of the trial track. racing club official means an employee of a greyhound racing club or a person concerned in the management or control of a greyhound racing club and official of a club has a corresponding meaning. registered means registered under this Act. steward means a member of staff of the Commission who is appointed by the Commission as a steward for the purposes of this Act. transfer a greyhound means transfer ownership of the property in the greyhound by any means, including by sale, gift or surrender. Welfare Committee means the Greyhound Industry Animal Welfare Committee established under section 33. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes included in this Act do not form part of this Act. 3A Objects of Act The objects of this Act are as follows— (a) to provide for the efficient and effective regulation of the greyhound racing industry, (b) to protect the interests of the greyhound racing industry and its stakeholders, (c) to facilitate the development and operation of a sustainable and viable greyhound racing industry, (d) to ensure the integrity of greyhound racing and associated betting in the public interest, (e) to provide for the functions of regulatory bodies, (f) to provide for the protection and promotion of the welfare of greyhounds. Part 2 Greyhound Welfare and Integrity Commission Division 1 Constitution and management of Commission 4 Constitution of Commission (1) There is constituted by this Act a body corporate with the corporate name of the Greyhound Welfare and Integrity Commission. (2) The Commission is, for the purposes of any Act, a NSW Government agency. Note— See section 13A of the Interpretation Act 1987. (3) The Commission is not subject to the control and direction of the Minister except to the extent expressly provided for under this or any other Act. 5 The Commissioners (1) The Commission consists of the following members appointed by the Governor on the joint recommendation of the Minister and the Minister for Primary Industries— (a) a Chief Commissioner, (b) 2 other Commissioners. Note— Schedule 1 contains provisions relating to the Commissioners. (2) At least one of the Commissioners must be a person who has been an Australian lawyer for at least 7 years. (3) A person is not eligible to be appointed as a Commissioner if the person is or has at any time been— (a) a greyhound racing industry participant, or (b) a proprietor of a greyhound trial track, or (c) a racing club official or a member of a greyhound racing club, or (d) a director of the Board, or (e) a member of GRNSW as constituted under the former Act, or (f) a member of any other body (or body of a class) prescribed by the regulations for the purposes of this section. 6 Exercise of Commission's functions (1) Except as otherwise provided by this section, the functions of the Commission are exercisable by a Commissioner, and any act, matter or thing done in the name of, or on behalf of, the Commission by a Commissioner is taken to have been done by the Commission. (2) A decision of the Commission to exercise any of the following functions must be authorised by the Chief Commissioner and at least one other Commissioner— (a) the power to make greyhound racing rules, (b) the power to conduct an inquiry under Part 8 or appoint a person to conduct such an inquiry, (c) the power to delegate a function of the Commission. (3) A decision of the Commission referred to in subsection (2) is presumed to have been duly authorised unless the contrary is established. (4) Except as provided by subsection (2), a decision of the Chief Commissioner prevails in the event of an inconsistency in the decisions of Commissioners with respect to a matter. 7 Management of affairs of Commission The chief executive officer of the Commission is responsible for the day to day management of the affairs of the Commission and for the implementation of the decisions of the Commissioners. 8 Ministerial directions (1) The Minister may give the Commission a written direction with respect to the functions of the Commission if the Minister is satisfied that it is necessary to do so in the public interest. (2) The Commission must ensure that the direction is complied with. (3) A direction under this section cannot be made in relation to the following matters— (a) the content of any advice, report or recommendation by the Commission, (b) any decision relating to the registration of a particular greyhound, person or greyhound trial track, (c) any decision to institute criminal proceedings for offences under this Act or the regulations or to take disciplinary action under Division 1 of Part 6, (d) any decision relating to the exercise of powers under Part 7. (4) The Minister is required to cause a notice to be published in the Gazette setting out the reasons why a direction was given under this section and why it is in the public interest that the direction was given. Any such notice is to be published in the Gazette within 1 month after the direction is given. 9 Staff Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Commission to exercise its functions. Note— Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Commission makes use of) may be referred to as officers or employees, or members of staff, of the Commission. Section 47A of the Constitution Act 1902 precludes the Commission from employing staff. 10 Delegation The Commission may delegate the exercise of any function of the Commission under this Act (other than this power of delegation) to any of the following— (a) a Commissioner, (b) the chief executive officer of the Commission or any other member of staff of the Commission, (c) any other person or body prescribed by the regulations. Division 2 Objectives and functions of Commission 11 Principal objectives of Commission The principal objectives of the Commission are as follows— (a) to promote and protect the welfare of greyhounds, (b) to safeguard the integrity of greyhound racing and betting, (c) to maintain public confidence in the greyhound racing industry. 12 Functions of Commission The Commission has the following functions— (a) to control, supervise and regulate (subject to this Act) greyhound racing in the State, (b) to initiate, develop and implement policies relating to the welfare of greyhounds, (c) to undertake research and investigation into any aspect of the breeding of greyhounds and of greyhound racing generally, (d) to consult with animal welfare bodies in developing changes to legislation relating to the welfare of greyhounds, (e) to provide the Minister with such information, advice or reports as the Minister may request, (f) to inform the Minister about any event or matter that may adversely affect the integrity of greyhound racing, (g) such other functions as are conferred or imposed on the Commission by or under this or any other Act. Note— The Commission's other functions under this Act include registering greyhounds, greyhound racing industry participants and greyhound trial tracks, preparing the code of practice for the welfare of greyhounds and making greyhound racing rules. 13 Committees (1) The Commission may establish committees to give advice and assistance to the Commission in connection with any of its functions. (2) A committee established by the Commission need not include a Commissioner. (3) The procedure for the calling of meetings of a committee of the Commission and for the conduct of business at those meetings is to be as determined by the Commission or (subject to any determination of the Commission) by the committee. 14 Strategic plans (1) The Commission is, as soon as practicable after the commencement of this Part, to prepare a draft strategic plan outlining the activities for meeting the objectives of the Commission. (2) The Commission is to submit the draft strategic plan to the Minister for comment. (3) The Commission is, every 3 years after the initial strategic plan is made, to prepare a further draft strategic plan and submit it to the Minister for comment. (4) In making a strategic plan under this section, the Commission is to have regard to any comments received from the Minister in relation to the draft plan and to refer to those comments in the strategic plan. (5) The Commission is to make copies of any strategic plan made by the Commission publicly available at no cost. 15 Annual reporting information for Commission to include additional particulars The annual reporting information prepared for the Commission under the Government Sector Finance Act 2018 must include— (a) a progress report on the implementation of the strategic plan of the Commission over the annual reporting period to which the information relates, and (b) such other particulars as may be prescribed by the regulations. Part 3 Greyhound Racing New South Wales Division 1 Constitution and management of GRNSW 16 Constitution of GRNSW (1) There is constituted by this Act a body corporate with the corporate name of Greyhound Racing New South Wales. (2) GRNSW is not and does not represent the Crown. (3) Without limiting subsection (2), GRNSW— (a) is not entitled to any immunity or privilege of the State, and (b) cannot render the State liable for any debts, liabilities or other obligations of GRNSW. 17 Board of directors of GRNSW (1) There is to be a board of directors of GRNSW. (2) The Board is to consist of at least 5 (but no more than 7) directors appointed by the Governor on the recommendation of the Minister. (3) A person is not eligible to be appointed as a director if the person is a racing club official. (4) If 5 directors are appointed for the time being, no more than 2 may be greyhound racing industry participants. (5) If 6 or 7 directors are appointed for the time being, no more than 3 may be greyhound racing industry participants. (6) A majority of the directors for the time being must be independent directors. An independent director is a person who is not (or was not in the previous 7 years)— (a) a greyhound racing industry participant, or (b) a proprietor of a greyhound trial track, or (c) a racing club official or a member of a greyhound racing club. Note— Schedule 2 contains provisions relating to the directors and procedure of the Board. 18 Role of Board (1) The affairs of GRNSW are to be managed and controlled by the Board. (2) Any act, matter or thing done in the name of, or on behalf of, GRNSW by the Board is taken to have been done by GRNSW. 19 Chief executive officer of GRNSW (1) GRNSW may employ a chief executive officer of GRNSW. (2) The chief executive officer is responsible for the day to day management of GRNSW. (3) The Government Sector Employment Act 2013 does not apply to or in respect of the chief executive officer. 20 Staff of GRNSW (1) GRNSW may employ such other staff as it requires to exercise its functions. (2) GRNSW may fix the salary, wages and other conditions of staff employed under subsection (1) in so far as they are not fixed by or under any other Act or law. (3) The Government Sector Employment Act 2013 does not apply to or in respect of staff employed under subsection (1). (4) GRNSW may engage consultants for the purposes of obtaining expert advice. 21 Delegation (1) Except as provided by subsection (2), GRNSW may delegate the exercise of any of its functions to any of the following— (a) a director of the Board, (b) the chief executive officer of GRNSW or any other member of staff of GRNSW, (c) a committee comprised of, or a combination of, those persons. (2) GRNSW cannot delegate the following functions— (a) the power of delegation under subsection (1), (b) any function relating to the registration of greyhound racing clubs (including the suspension or cancellation of such registration). 22 Removal of directors and appointment of administrator (1) The Minister may, by order published in the Gazette, remove all the directors of the Board from office and appoint a person as the administrator of GRNSW. (2) Such an order may be made— (a) if the Minister is satisfied that GRNSW has failed— (i) to exercise its functions in accordance with an operating licence granted to GRNSW, or (ii) to comply with any direction in writing by the Minister to rectify a matter relating to the obligations of GRNSW under an operating licence granted to GRNSW, or (b) if a report is made by the Commission to the Minister under section 65 indicating that there has been a contravention of this Act, the regulations, the code of practice or the greyhound racing rules in relation to a greyhound race meeting conducted by GRNSW, or (c) in such other circumstances as may be prescribed by the regulations. (3) On the appointment of an administrator— (a) each director of the Board ceases to hold office, and (b) the affairs of GRNSW are to be managed by the administrator, and (c) the administrator has and may exercise all the functions of GRNSW, and (d) any act, matter or thing done in the name of, or on behalf of, GRNSW by the administrator is taken to have been done by GRNSW. (4) Subject to this section, an administrator holds office for the period specified in the administrator's instrument of appointment. (5) The Minister may remove an administrator from office at any time by order published in the Gazette. (6) The Minister may determine the remuneration and other conditions of employment of the administrator. (7) The remuneration and other expenses of the administrator are payable by GRNSW. Division 2 Objectives and functions of GRNSW 23 Principal objectives of GRNSW The principal objectives of GRNSW are as follows— (a) to be a commercially viable entity, (b) to exhibit a sense of social responsibility by having regard to the welfare of greyhounds, (c) to promote greyhound racing in the State as a competitive and sustainable industry with a high level of public trust. 24 Functions of GRNSW (1) GRNSW has the following functions— (a) to conduct greyhound race meetings or authorise greyhound race meetings to be conducted by greyhound racing clubs, (b) to allocate the dates on which and the licensed racecourses at which greyhound race meetings may be conducted, (c) to register greyhound racing clubs, (d) to develop safety standards for licensed racecourses, (e) to distribute money received as a result of commercial arrangements required by the Totalizator Act 1997, (f) to fund the costs of the Commission, (g) to manage greyhound adoption programs, (h) to initiate, develop and implement policies conducive to the promotion, strategic development and commercial viability of the greyhound racing industry in the State, (i) to direct and supervise the dissolution of a greyhound racing club that ceases to be registered, (j) to appoint an administrator to conduct the affairs of a greyhound racing club, (k) to order an audit of the books and accounts of a greyhound racing club by an auditor nominated by GRNSW, (l) to scrutinise and approve the constitutions of greyhound 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 greyhound racing generally, (m) any other functions conferred or imposed on GRNSW by an operating licence granted to GRNSW or by or under this or any other Act or law. (2) The exercise of functions by GRNSW requires authorisation by an operating licence granted to GRNSW and GRNSW is to exercise its functions in accordance with any such operating licence. 25 Operating licence (1) The Minister may grant an operating licence to GRNSW. (2) An operating licence granted to GRNSW may— (a) be granted subject to such conditions as are specified in the licence (including, without limitation, conditions requiring the provision of information and records held by GRNSW to the Commission), and (b) be granted for a term of 5 years, and (c) be renewed by the Minister from time to time. (3) The Minister may, from time to time, amend, suspend or cancel an operating licence granted to GRNSW. The operating licence may not be suspended or cancelled unless a regulation is made under section 101 (3). (4) The Minister must consult the Commission before renewing, amending, suspending or cancelling an operating licence granted to GRNSW. Any advice provided by the Commission to the Minister in connection with the consultation process is to be made publicly available on the website of the Commission. (5) Any money payable by GRNSW in accordance with an operating licence granted to GRNSW may be recovered by the Minister as a debt due to the Crown. 26 Minimum standards for conduct of races and greyhound race meetings (1) GRNSW must, as soon as practicable after the commencement of this section, set 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) greyhound training facilities. (2) GRNSW may, without limiting the operation of subsection (1), also set minimum standards in connection with the conduct by greyhound racing clubs of greyhound race meetings, including minimum standards with respect to the following— (a) the financial management of greyhound race meetings, including the management of the costs of conducting greyhound race meetings, (b) the fees and charges imposed by a greyhound racing club in connection with races conducted by the club, (c) prize money paid on races conducted by a greyhound racing club, (d) starters, appearance and other fees paid by a greyhound racing club, (e) such other matters relating to the conduct of greyhound races and greyhound race meetings as may be prescribed by the regulations. (3) The minimum standards set by GRNSW under this section are to be given effect to in any one or more (or any combination) of the following ways— (a) by a direction in writing to greyhound racing clubs, (b) as a condition of the registration of greyhound racing clubs, (c) as a condition of the allocation of the dates on which greyhound racing clubs may conduct greyhound race meetings. (4) The minimum standards may apply generally to greyhound racing clubs or to any particular club. (5) GRNSW is to consult with greyhound racing clubs in relation to any proposal to set minimum standards under this section and in the course of that consultation must give a greyhound racing club a reasonable opportunity to be heard and to make submissions on the proposal. (6) Any standards set by GRNSW under this section have no effect unless approved by the Commission. 27 GRNSW may require greyhound racing clubs to provide information and documents GRNSW may give a direction in writing to a greyhound racing club requiring the club to provide specified information or furnish specified documents to GRNSW within a time specified in the direction, being information or documents that GRNSW considers will be of assistance in connection with the exercise of its functions. Division 3 Reporting and financial provisions 28 Annual report of GRNSW (1) GRNSW 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 GRNSW 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 report must include such other particulars as may be prescribed by the regulations. (4) 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. (5) GRNSW is to make copies of its annual report publicly available at no cost. 29 Strategic plans (1) GRNSW is to prepare strategic plans in relation to activities. (2) The regulations may specify the particulars or other matters that are to be included in, or dealt with by, any such strategic plan. (3) GRNSW is to prepare an initial strategic plan within 12 months after the commencement of this Part and is to prepare a further strategic plan at least every 3 years after the initial strategic plan is prepared. (4) Each strategic plan prepared by GRNSW must be submitted to the Minister and be made publicly available at no cost. (5) The annual report of GRNSW is to include a progress report on implementation of the strategic plan of GRNSW over the period to which the annual report relates. 30 Financial year (1) Subject to subsection (2), the financial year of GRNSW is the year commencing on 1 July. (2) A different financial year for GRNSW may be determined by the Minister by order published in the Gazette. 31 Expenses and accounts (1) GRNSW is liable for all expenses (including remuneration and allowances payable to the directors of the Board, the chief executive officer of GRNSW and the other staff of GRNSW) incurred by GRNSW in the exercise of its functions. (2) GRNSW may establish such accounts as it thinks appropriate for the money received and expended by GRNSW. 32 Fees and charges (1) GRNSW may, subject to the regulations, determine the fees and charges that are payable for the following— (a) the registration of greyhound racing clubs, (b) the transaction of other business with GRNSW. (2) Any charge, fee or other money due to GRNSW may be recovered by GRNSW as a debt in a court of competent jurisdiction. Part 4 Welfare of greyhounds Division 1 Greyhound Industry Animal Welfare Committee 33 Establishment of Welfare Committee (1) The Greyhound Industry Animal Welfare Committee is established. (2) The Welfare Committee is to consist of the following 5 members appointed by the Chief Commissioner— (a) a person who, in the opinion of the Chief Commissioner, has expertise in the area of animal welfare or behaviour and who is not a greyhound racing industry participant, (b) a senior officer of the Royal Society for the Prevention of Cruelty to Animals, New South Wales who is nominated by the chief executive of that organisation, (c) the person employed in the Public Service as the Chief Veterinary Officer or a Public Service employee nominated by the Chief Veterinary Officer, (d) a representative of the greyhound racing industry, (e) a person nominated by GRNSW. Note— Schedule 3 contains provisions relating to the members and procedure of the Welfare Committee. 34 Functions of Welfare Committee (1) The Welfare Committee has the following functions— (a) to provide advice to the Commission, whether on its own initiative or at the request of the Commission, on any matter relating to the welfare of greyhounds including the formulation of welfare policies and standards, (b) such other functions as are conferred or imposed on it by or under this or any other Act. (2) The Commission is, in exercising its functions, to have regard to any advice it receives from the Welfare Committee. (3) A failure to comply with subsection (2) does not invalidate any decision of the Commission. Division 2 Code of practice for welfare of greyhounds 35 Commission to prepare code of practice (1) The Commission is to prepare, for submission to the Minister, a code of practice relating to the welfare of greyhounds. (2) The code of practice must (without limitation) deal with the following— (a) standards for the keeping, treatment, handling and care of greyhounds, (b) standards for the facilities, equipment and conditions at premises where greyhounds are kept, trialled, trained or raced, (c) standards for the procedures and practices to be adopted in relation to the keeping, trialling, training and racing of greyhounds. (3) Those standards are to promote the welfare of greyhounds and be consistent with the objects of the Prevention of Cruelty to Animals Act 1979. (4) The Commission is to seek the advice of the Welfare Committee in preparing the code of practice and may consult with such other persons or bodies as the Commission considers appropriate. (5) Without limiting subsection (4), the Commission must consult with GRNSW in preparing the code of practice. 36 Making of code of practice (1) The Minister may, by order published on the NSW legislation website, make the code of practice that has been submitted by the Commission. The order is to set out the code of practice. (2) The code of practice takes effect on the day on which the order is published or, if a later date is specified in the order for commencement, on the later date so specified. (3) The Minister may, by order published on the NSW legislation website, amend or repeal the code of practice. An amendment to the code may only be made if it has been submitted by the Commission. (4) An order by the Minister under this section may only be made with the concurrence of the Minister for Primary Industries. Editorial note— For codes of practice under this section, see the NSW Greyhound Welfare Code of Practice. 37 Public access to code of practice The Commission is to ensure that a copy of the code of practice is made publicly available on its website. 38 Relationship between code of practice and rules In the event of any inconsistency between the code of practice and the greyhound racing rules, the code of practice prevails to the extent of the inconsistency. 39 Offence to contravene certain provisions of code of practice A person who contravenes a provision of the code of practice that is identified in the code as an "offence provision" is guilty of an offence under this section. Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units or imprisonment for 2 years, or both, in the case of an individual. Note— Failure to comply with other mandatory provisions of the code may lead to the taking of disciplinary action under this Act. Division 3 Miscellaneous welfare provisions 40 Life ban for committing live baiting offence (1) If a court finds a person guilty of committing a live baiting offence— (a) the person's registration (if any) under this Act is automatically cancelled, a