New South Wales: 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, and (b) the person is permanently disqualified from being registered under this Act in any capacity. (2) In this section— live baiting offence means— (a) an offence under section 21 (1) (d) or (e) of the Prevention of Cruelty to Animals Act 1979, or (b) an offence under section 530 of the Crimes Act 1900 that involves using an animal as a lure or kill in the manner referred to in section 21 (1) (d) of the Prevention of Cruelty to Animals Act 1979. 41 Prohibition on keeping certain animals on premises where greyhounds are kept etc (1) A person must not, on any premises at or on which greyhounds are kept, trialled, trained or raced, keep any animal that is reasonably capable of being used as a lure in connection with the trialling, training or racing of greyhounds. 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. (2) The Commission may, on application by any person, make an order (an exemption order) authorising the person to keep an animal of the kind specified in the order. (3) An exemption order may not specify possums or rabbits. (4) A person does not commit an offence under subsection (1) in relation to the keeping of an animal that the person is authorised to keep under an exemption order. (5) In this section— animal includes the carcass, or the skin or any other part, of an animal. keep an animal includes having possession or control of the animal. Part 5 Control and regulation of greyhound racing industry Division 1 Requirements for registration 42 Greyhounds generally (1) A greyhound racing industry participant must not own, breed or keep a greyhound (whether or not the greyhound is owned, bred or kept in connection with greyhound racing) unless the greyhound is registered from the time the greyhound is 12 weeks old or such later time as may be prescribed by the regulations. Maximum penalty—100 penalty units. Note— A greyhound registered under this Act is not required to be registered under the Companion Animals Act 1998. At present, the age at which any companion animal (which includes a greyhound) is required to be registered under that Act is 12 weeks. (2) The owner of a registered greyhound must comply with any conditions to which the registration of the greyhound is subject. Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in the case of an individual. 43 Greyhounds must not race or compete in trial etc unless registered The owner of a greyhound must not cause or permit the greyhound— (a) to compete in any greyhound race, or (b) to compete in a trial, or be trained, at any greyhound trial track, unless the greyhound is registered. Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in the case of an individual. 44 Greyhound racing industry participants (1) A person must not carry on any activity as a greyhound racing industry participant unless the person is registered to carry on that activity. (2) A registered greyhound racing industry participant must comply with any conditions to which the person's registration is subject. Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in the case of an individual. 45 Greyhound racing clubs (1) A greyhound racing club must not conduct a greyhound race meeting unless the club is registered. (2) A registered greyhound racing club must comply with any conditions to which the club's registration is subject. Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in the case of an individual. Note— See section 94 in the case of a club that is an unincorporated body. 46 Greyhound trial tracks (1) The proprietor of a greyhound trial track must not cause or permit the greyhound trial track to be used for the purposes of enabling greyhounds to compete in trials or be trained in racing unless the greyhound trial track is registered. Note— Racecourses on which greyhound race meetings are held must be licensed under the Betting and Racing Act 1998 and are not required to be registered under this Act. (2) The proprietor of a greyhound trial track must comply with any conditions to which the registration of the greyhound trial track is subject. 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. Division 2 Registration functions of Commission 47 General provisions (1) The Commission is to exercise its registration functions under this Division so as to ensure that any person registered by the Commission is a person who, in the opinion of the Commission, is a fit and proper person to be registered (having regard in particular to the need to protect the public interest as it relates to the greyhound racing industry). (2) Without limiting subsection (1), a person is not to be registered if the person has a conviction and the Commission is of the opinion that the circumstances of the offence concerned are such as to render the person unfit to be registered. (3) This section does not limit any provisions of the greyhound racing rules relating to the exercise of the registration functions of the Commission. (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. 48 Registration of greyhounds (1) The Commission may, in accordance with the regulations, register a greyhound. (2) The Commission may refuse to register a greyhound if it is of the opinion that it would be in the best interests of the greyhound racing industry to do so. (3) The Commission may, on the registration of a greyhound or at any later time, impose conditions on the registration. Any such condition may be varied or revoked by the Commission. 49 Registration of greyhound racing industry participants (1) The Commission may, in accordance with the regulations, register a person as a greyhound racing industry participant. (2) Registration as a greyhound racing industry participant authorises the person to carry on the activities specified in the person's registration. (3) The Commission may refuse to register a person as a greyhound racing industry participant if it is of the opinion that it would be in the best interests of the greyhound racing industry to do so. (4) The Commission may, on the registration of a person as a greyhound racing industry participant or at any later time, impose conditions on the registration. Any such condition may be varied or revoked by the Commission. 50 Registration of greyhound trial tracks (1) The Commission may, in accordance with the regulations, register a greyhound trial track. (2) The Commission may refuse to register a greyhound trial track if— (a) the Commission is of the opinion that— (i) the greyhound trial track (in the case of a trial track that is open to the public) is not, or will not be, financially viable in relation to participation in the greyhound racing industry, or (ii) it would be in the best interests of the greyhound racing industry to do so, or (b) the registration of the greyhound trial track (whether under this or any other Act) has previously been cancelled. (3) The Commission may, on the registration of a greyhound trial track or at any later time, impose conditions on the registration. Any such condition may be varied or revoked by the Commission. (4) Without limiting subsection (3), the Commission may impose conditions on the registration of a greyhound trial track— (a) requiring the installation of a closed-circuit television system (CCTV) at the trial track, and (b) requiring all activities in connection with the trialling or training of greyhounds at the trial track to be recorded by the CCTV. (5) The Minister may, on the advice of the Commission, determine, by order in writing given to the proprietor of a greyhound trial track, the period that any such CCTV recording is to be retained by the proprietor. (6) The proprietor of a greyhound trial track who fails to retain any CCTV recording in accordance with an order under subsection (5) is guilty of an offence. Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units in the case of an individual. 51 Suspension or cancellation of registration of public greyhound trial tracks on commercial grounds (1) The Commission may suspend or cancel the registration of a greyhound trial track that is open to the public if the Commission is of the opinion that— (a) the greyhound trial track is not, or will not be, financially viable in relation to participation in the greyhound racing industry, or (b) it would be in the best interests of the greyhound racing industry to do so. (2) The Commission may not suspend or cancel the registration of a greyhound trial track under this section for the purpose of taking disciplinary action under Division 1 of Part 6. 52 Special provisions relating to registration of bookmakers (1) An individual over the age of 18 years or a proprietary company may apply to the Commission for registration as a bookmaker. (2) Despite any other provision of this Act, the Commission must refuse to grant an application for registration of a proprietary company as a bookmaker unless the Commission is 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 the Commission, 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 any director, shareholder or person concerned in the management of the company must not— (a) carry on the business of a bookmaker, otherwise than on behalf of the company, in relation to any greyhound, horse or harness race, at a greyhound race meeting in New South Wales, or (b) carry on, at a racecourse licensed for greyhound racing, the business of a bookmaker in respect of a declared betting event otherwise than on behalf of the company. (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) The Commission 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 power of the Commission to suspend or cancel the registration of a company as a bookmaker under Division 1 of Part 6. (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— 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. Note— "De facto partner" is defined in section 21C of the Interpretation Act 1987. declared betting event has the same meaning as it has in the Betting and Racing Act 1998. 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. Division 3 Registration functions of GRNSW 53 Registration of greyhound racing clubs (1) GRNSW may, in accordance with the regulations, register a greyhound racing club. (2) GRNSW may refuse to register a greyhound racing club if— (a) GRNSW is of the opinion that— (i) the greyhound racing club is not, or will not be, financially viable in relation to participation in the greyhound racing industry, or (ii) it would be in the best interests of the greyhound racing industry to do so, or (b) the registration of the greyhound racing club (whether under this or any other Act) has previously been cancelled. (3) GRNSW may, on the registration of a greyhound racing club or at any later time, impose conditions on the registration. Any such condition may be varied or revoked by GRNSW. 54 Suspension or cancellation of registration of clubs on commercial grounds (1) GRNSW may suspend or cancel the registration of a greyhound racing club if GRNSW is of the opinion that— (a) the greyhound racing club is not, or will not be, financially viable in relation to participation in the greyhound racing industry, or (b) it would be in the best interests of the greyhound racing industry to do so. (2) GRNSW may not suspend or cancel the registration of a greyhound racing club under this section for the purpose of taking disciplinary action under Division 2 of Part 6. Division 4 Greyhound racing rules 55 Rules made by Commission (1) The Commission may make rules, not inconsistent with this Act or the regulations, for or with respect to any matter relating to greyhound racing. (2) Without limiting the generality of subsection (1), the Commission may make rules for or with respect to the following— (a) the effect of a disqualification or warning off in relation to, or other penalty imposed on, a person or greyhound under Part 6, (b) the allocation to greyhound racing clubs of dates on which they may conduct greyhound race meetings, (c) the conduct of greyhound race meetings and of races or trials at any such meeting, (d) mandatory education and training requirements for greyhound racing industry participants, (e) the breeding of greyhounds, (f) the naming of greyhounds, (g) the adoption by the Commission and GRNSW (with or without inquiry) of penalties imposed by clubs or authorities conducting or controlling greyhound racing, horse racing or harness racing, whether in or outside of New South Wales, (h) the functions of stewards, (i) prohibiting any or all of the following— (i) betting or wagering at any place where a greyhound trial or training race is held, (ii) the awarding of any money in respect of any greyhound trial or training race, (iii) charging for the admission of persons (not being persons in charge of greyhounds) to a greyhound trial track. (3) The Commission may amend or repeal the greyhound racing rules from time to time by making a further rule. (4) Greyhound racing rules (including any amendment or repeal) are to be published on the NSW legislation website and take effect on the date they are so published or on any later specified date. 56 Consultation with GRNSW The Commission must consult with GRNSW in making any greyhound racing rules. Part 6 Disciplinary provisions Division 1 Disciplinary action by Commission 57 Definition In this Division— relevant person means— (a) a greyhound racing industry participant, or (b) the proprietor of a greyhound trial track. 58 Grounds for taking disciplinary action (1) The Commission may take disciplinary action under this Division against or in respect of a relevant person if the Commission is of the opinion that the person— (a) has contravened a provision of this Act, the regulations, the code of practice or the greyhound racing rules, or (b) is not a fit and proper person to be registered (having regard in particular to the need to protect the public interest as it relates to the greyhound racing industry). (2) Disciplinary action may be taken against or in respect of a relevant person even though the person is no longer registered or has not been convicted of an offence in respect of the contravention. (3) The Commission is not to take any disciplinary action against or in respect of a relevant person under this Division without first giving the person notice in writing of the proposed action and a reasonable opportunity to be heard and to make submissions about the matter. (4) Subsection (3) does not apply in respect of the taking of disciplinary action if the Commission is satisfied that the action must be taken 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 integrity of the greyhound racing industry as a whole in New South Wales. 59 Disciplinary action that may be taken (1) Any of the following actions may be taken by the Commission against or in respect of a relevant person— (a) suspending or cancelling of any of the following— (i) the person's registration, (ii) the registration of a greyhound, (iii) the registration of a greyhound trial track, (b) imposing a condition on the person's registration or on the registration of a greyhound or greyhound trial track, (c) imposing a fine on the person not exceeding 200 penalty units, (d) disqualifying or warning off the person, (e) disqualifying a specified greyhound, (f) prohibiting the person from participating in greyhound racing in any specified capacity, (g) prohibiting a specified greyhound from competing in any greyhound race or trial, (h) such other action as may be specified in the greyhound racing rules. (2) Any fine imposed on a relevant person under this section is to be paid to the Commission and may be recovered by the Commission in a court of competent jurisdiction as a debt due to the Crown. 60 Complaints (1) A person may make a complaint to the Commission setting out matters that are alleged to constitute grounds for taking disciplinary action against or in respect of a relevant person under this Division. (2) Disciplinary action may be taken by the Commission under this Division whether or not a complaint has been made. Division 2 Disciplinary action by GRNSW 61 Disciplinary action against greyhound racing clubs (1) GRNSW may take disciplinary action under this section against or in respect of a greyhound racing club if GRNSW is of the opinion that— (a) the club has contravened a provision of this Act, the regulations, the code of practice or the greyhound racing rules, or (b) the club has failed to comply with— (i) a direction given by GRNSW to the greyhound racing club under this Act, or (ii) a minimum standard set by GRNSW under section 26. (2) GRNSW may do any of the following— (a) suspend or cancel the greyhound racing club's registration, (b) impose a fine not exceeding 200 penalty units on the club, (c) impose a condition on the club's registration, (d) disqualify or warn off any official of the club. (3) GRNSW may take disciplinary action under this section against or in respect of a club whether or not the club has been convicted of an offence in respect of the contravention concerned. (4) GRNSW is not to take any disciplinary action under this section without first giving the greyhound racing club concerned notice in writing of the proposed action and a reasonable opportunity to be heard and to make submissions about the matter. (5) Subsection (4) does not apply in respect of the taking of disciplinary action if GRNSW is satisfied that the action must be taken 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 integrity of the greyhound racing industry as a whole in New South Wales. (6) Disciplinary action under this section is taken by giving notice in writing of the decision to take the action to the greyhound racing club concerned. (7) Any fine imposed on a club under this section is to be paid to GRNSW and may be recovered by GRNSW as a debt. 62 Complaints (1) A person may make a complaint to GRNSW setting out matters that are alleged to constitute grounds for taking disciplinary action against or in respect of a greyhound racing club under this Division. (2) Disciplinary action may be taken by GRNSW under this Division whether or not a complaint has been made. Division 3 Complaints relating to GRNSW's functions in conducting greyhound race meetings 63 Definition In this Division— GRNSW official means a director of the Board or any member of staff of GRNSW. 64 Inquiries and investigations by Commission in relation to complaint (1) A person may make a complaint to the Commission in respect of the exercise of functions by a GRNSW official in relation to any greyhound race meeting conducted by GRNSW. (2) On receiving a complaint from a person under this section, the Commission is to investigate the complaint unless the Commission 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 GRNSW official in a corrupt, improper or unethical manner. (3) If the Commission decides to investigate a complaint, the Commission must inform the GRNSW official concerned of the substance of the complaint and give the GRNSW official a reasonable opportunity to respond to it. (4) The Commission may, by notice in writing, require a GRNSW 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 Commission, 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 Commission, 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 Commission such authorisations and consents as the Commission requires for the purpose of enabling the Commission 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 Commission contained in a notice under subsection (4). Maximum penalty (subsection (6)): 100 penalty units. 65 Action after investigation of complaint (1) The Commission must provide a report in writing of the results of the investigation of a complaint under this Division to the Minister if satisfied that those results indicate 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. (2) If the report identifies any GRNSW official in an adverse manner, the Commission must also give a copy of the report to the GRNSW official. (3) The Commission must inform the person who made the complaint of whether a report has been made under this section or whether the Commission considers that the complaint does not warrant such a report being made. Part 7 Investigation and enforcement powers Division 1 Preliminary 66 Definition In this Part— records includes plans, specifications, maps, reports, accounts, registers, books and other documents (whether in writing, in electronic form or otherwise). 67 Purposes for which powers under Part may be exercised (1) Powers may be exercised under this Part for the following purposes— (a) for determining whether there has been compliance with or a contravention of this Act, the regulations, the code of practice or the greyhound racing rules, (b) for obtaining information or records for purposes connected with the administration of this Act, (c) in connection with exercising the functions of an inspector under this Act, (d) generally for administering this Act. (2) Nothing in this Part affects any function under any other part of this Act or under any other Act. 68 Appointment and identification of inspectors (1) The Commission may appoint any of the following persons as an inspector for the purposes of this Act— (a) a member of staff of the Commission, (b) a person belonging to a class of persons prescribed by the regulations. (2) A person is not eligible to be appointed as an inspector 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 staff of GRNSW, or (g) a person belonging to a class of persons prescribed by the regulations. (3) The Commission is to cause each inspector to be issued with a means of identification in the form approved by the Commission. (4) In the course of exercising the functions of an inspector under this Act, the inspector must, if requested to do so by any person affected by the exercise of any such function, produce the inspector's identification for inspection by the person unless to do so would defeat the purpose for which the functions are to be exercised. 69 Arrangements with police and animal welfare bodies (1) The Commission may enter into an arrangement with the Commissioner of Police or the head of an animal welfare body for a police officer or employee of the animal welfare body to exercise the functions of an inspector under this Part. (2) A police officer or employee of an animal welfare body who exercises the functions of an inspector in accordance with the arrangement is taken to be an inspector for the purposes of this Act. Division 2 Powers to require information and records 70 Requirement to provide information and records (1) An inspector may, by notice in writing given to a person, require the person to furnish to the inspector such information or records (or both) as the inspector requires by the notice in connection with any matter arising under or in connection with this Act. (2) Any such notice must specify the manner in which information or records are required to be furnished and a reasonable time by which the information or records are required to be furnished. 71 Provisions relating to records (1) A notice under this Division may only require a person to furnish existing records that are in the person's possession or that are within the person's power to obtain lawfully. (2) The inspector to whom any record is furnished under this Division may take copies of it. (3) If any record required to be furnished under this Division is in electronic, mechanical or other form, the notice requires the record to be furnished in written form, unless the notice otherwise provides. 72 Application of Division This Division applies whether or not a power of entry under Division 3 is being or has been exercised. Division 3 Powers of entry and search of premises 73 Power to enter premises (1) An inspector may enter any premises at any reasonable time. (2) Entry may be effected under this Act by an inspector with the aid of such other inspectors or police officers as the inspector considers necessary and with the use of reasonable force. 74 Entry into residential premises only with permission or warrant This Division does not empower an inspector or police officer to enter any part of premises used only for residential purposes without the permission of the occupier or the authority of a search warrant under section 76. 75 Powers to inspect and seize things (1) An inspector may, on any premises lawfully entered, do anything that in the opinion of the inspector