New South Wales: Thoroughbred Racing Act 1996 (NSW)

Thoroughbred Racing Act 1996 No 37 An Act to make provision for the establishment, management and functions of Racing New South Wales as the representative body to control thoroughbred horse racing in the State; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Thoroughbred Racing Act 1996. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Definitions (1) In this Act— Appeal Panel means the Appeal Panel provided for by Part 4. appointed member means a member of Racing NSW other than the Chief Executive. Australian Rules of Racing means the Australian Rules of Racing as adopted by the Australian Conference of Principal Racing Clubs. Chief Executive means the Chief Executive of Racing NSW from time to time. eligible industry body means a body determined to be an eligible industry body for the time being under section 31(2). exercise a function includes perform a duty. function includes power, authority or duty. horse racing means the racing of galloping horses as referred to in the Australian Rules of Racing. HRNSW means Harness Racing New South Wales constituted under the Harness Racing Act 2009. IA Committee means the Integrity Assurance Committee established under this Act. race club includes any body or other association of persons, whether incorporated or unincorporated, that promotes, conducts or controls, or that is formed for promoting, conducting or controlling, a horse racing meeting or meetings. racing association means an association of race clubs. Racing NSW means Racing New South Wales. racing official means a member of Racing NSW, the Chief Executive or a steward appointed by Racing NSW or other member of staff of Racing NSW. RICG means the Racing Industry Consultation Group established by this Act. Rules of Racing means the rules for the time being governing and relating to horse racing under the control of Racing NSW (being an amalgamation of the Australian Rules of Racing and the local rules of racing of Racing NSW, together with the regulations made under those rules). Selection Panel means the Selection Panel established under section 7. 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 are explanatory notes and do not form part of this Act. Part 2 Racing NSW 4 Establishment of Racing NSW (1) There is established by this Act a body corporate with the corporate name of Racing New South Wales. (2) Racing New South Wales may, in the exercise of its functions, use the name "Racing NSW". 5 Racing NSW independent of Government Racing NSW does not represent the Crown and is not subject to direction or control by or on behalf of the Government. 6 Membership (1) Racing NSW is to consist of the Chief Executive and 7 other members appointed by the Minister from time to time. (1A) The Minister is to appoint members as follows— (a) except as provided by paragraph (b)—each person appointed must be selected from a recommended members list that is provided to the Minister by the Selection Panel under section 7 in relation to the vacancy or vacancies concerned, (b) in the case of any casual vacancy (a vacancy in the office of an appointed member occurring other than by reason of the completion of the member's term of office)—each person appointed must be selected from a list of persons recommended for appointment to fill the vacancy or vacancies concerned that is provided to the Minister by Racing NSW. (1B) The number of persons listed in a list of persons recommended for appointment to fill any casual vacancy or vacancies must be more than the number of persons required to fill the vacancy or vacancies concerned. Note— See section 7(2)(c) for a comparable requirement in relation to lists provided by the Selection Panel. (2) A person is not eligible to be an appointed member of Racing NSW if the person— (a) is currently, or during the previous 12 months has been, an employee of a race club, racing association or eligible industry body, or (b) is currently, or during the previous 12 months has been, a member of the governing body of a race club, racing association or eligible industry body, or (c) holds a licence issued by Racing NSW or by a racing association, or (d) is registered by or with the Greyhound Welfare and Integrity Commission under the Greyhound Racing Act 2017 or HRNSW under the Harness Racing Act 2009, or (e) is currently, or during the previous 10 years has been, warned off, disqualified or named on the Forfeits List under the Australian Rules of Racing, or (f) during the previous 10 years has been convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or (g) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or (h) is a mentally incapacitated person. (3) A person is not eligible to be appointed as a member of Racing NSW if the person is a member of the Selection Panel at the time the Selection Panel makes its recommendation for the appointment concerned. (4) A person is not eligible to hold office as an appointed member of Racing NSW for more than 12 years in total (whether or not involving consecutive terms of office). (5) The Chief Executive does not have a vote at meetings of Racing NSW. (6) While a person is an appointed member of Racing NSW, any entitlement of the person to vote as a member of a race club or of an eligible industry body is suspended. 7 Selection Panel (1) The Minister is to establish a Selection Panel— (a) to prepare and provide to the Minister a list of persons recommended for appointment as members of Racing NSW when any vacancies arise (a recommended members list), and (b) to prepare and provide to the Minister a list of persons recommended for appointment as the Chairperson or Deputy Chairperson of Racing NSW when any vacancies arise, and (c) to recommend the terms of office for persons included in any such list. (2) A list provided to the Minister under this section— (a) must list the persons recommended for appointment and recommend terms of office for the persons listed, and (b) may list persons as being recommended for appointment both as members of Racing NSW and as the Chairperson or Deputy Chairperson of Racing NSW, and (c) must list more persons than the number of persons required to fill the vacancy or vacancies concerned. (3) The Selection Panel must not include a person in a recommended members list unless the Panel is satisfied that the person has experience in a senior administrative role or experience at a senior level in one or more of the fields of business, finance, law, marketing, technology, commerce, regulatory administration or regulatory enforcement. (4) Before including a person in a recommended members list, the Selection Panel must conduct a probity check of the person (with the level of scrutiny as determined by the Minister). The Minister is to appoint a Probity Adviser to assist the Selection Panel to conduct probity checks. (5) The Selection Panel is to choose between candidates for inclusion in a list to be provided under this section on the basis of merit, with merit to be determined on the basis of a candidate's abilities, qualifications, experience and personal qualities that are relevant to the performance of the duties of membership of Racing NSW or the duties of the Chairperson or Deputy Chairperson (as the case requires). (6) The Selection Panel must not include a person in a recommended members list if the Panel is satisfied that the person has a direct or indirect pecuniary interest in any matter that gives rise (or is likely to give rise) to a conflict of interest of a nature that is incompatible with membership of Racing NSW. (7) The term of office for which the Minister may appoint a person selected from a list provided under this section may (but need not) be the term of office recommended by the Selection Panel. 8 Term of office of members (1) An appointed member of Racing NSW is to be appointed to hold office (subject to this Act) for a period of up to 4 years, unless the appointment is to fill a casual vacancy. (2) An appointed member appointed to fill a casual vacancy (a vacancy in the office of an appointed member occurring other than by reason of the completion of the member's term of office) is to be appointed for the balance of the term of office of the member's predecessor. 9 (Repealed) 10 Remuneration (1) An appointed member of Racing NSW is entitled to be paid— (a) remuneration consisting of a base amount adjusted annually in accordance with the annual percentage increase (if any) in the Consumer Price Index occurring after the determination or redetermination of the base amount takes effect, and (b) allowances to reimburse the member for expenses that he or she may incur (for travel or accommodation, for example). (1A) The Statutory and Other Offices Remuneration Tribunal may, on the application of Racing NSW, redetermine the base amount from time to time, with effect from the date of the redetermination or such later date as the Tribunal may specify. (2) In this section— base amount means an amount determined for the purposes of this section by the Statutory and Other Offices Remuneration Tribunal (which determination, whenever made, is taken to be effective on the commencement of this subsection). Consumer Price Index means the number appearing in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician. 11 Duty of members to act in interests of public and industry It is the duty of each appointed member of Racing NSW to act in the public interest and in the interests of the horse racing industry as a whole in New South Wales. 11A Code of conduct (1) Racing NSW must, within 3 months after the commencement of this section, adopt a code of conduct to be observed by members and staff of Racing NSW. (2) The code of conduct must include a statement of the duty of members of Racing NSW under sections 11 (Duty of members to act in interests of public and industry) and 21 (Disclosure of pecuniary interests by members) and the obligations of Racing NSW under section 21 in connection with disclosures under that section. (3) Racing NSW must review its code of conduct at least every 3 years and make such changes to it as it considers appropriate. 12 Personal liability (1) A matter or thing done or omitted to be done by Racing NSW, the Chief Executive, or a member of Racing NSW or the Selection Panel or any person acting under the direction of Racing NSW does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the Chief Executive, the member or a person so acting personally to any action, liability, claim or demand. (2) If this section prevents liability attaching to a person, the liability attaches instead to Racing NSW. 13 Functions of Racing NSW (1) Racing NSW has the following functions— (a) all the functions of the principal club for New South Wales and committee of the principal club for New South Wales under the Australian Rules of Racing, (b) to control, supervise and regulate horse racing in the State, (b1) such functions in relation to the business, economic development and strategic development of the horse racing industry in the State as are conferred or imposed by this Act, (c) to initiate, develop and implement policies considered conducive to the promotion, strategic development and welfare of the horse racing industry in the State and the protection of the public interest as it relates to the horse racing industry, (d) functions with respect to the insuring of participants in the horse racing industry, being functions of the kind exercised by the AJC on the commencement of this section, and such other functions with respect to insurance in the horse racing industry as may be prescribed by the regulations, (e) such functions as may be conferred or imposed on Racing NSW by or under the Australian Rules of Racing or any other Act, (f) such functions with respect to horse racing in New South Wales as may be prescribed by the regulations. (2) The functions of Racing NSW are not limited by the Australian Rules of Racing and are to be exercised independently of Racing Australia Limited. (3) The AJC ceases to have the functions that are solely the functions of the principal club for New South Wales or committee of the principal club for New South Wales under the Australian Rules of Racing. (4) In this section— AJC means the club known as the Australian Jockey Club as referred to in the Australian Jockey Club Act 1873 on the commencement of this section. 14 Powers of Racing NSW (1) Racing NSW has power to do all things that may be necessary or convenient to be done for or in connection with the exercise of its functions. (2) Without limiting subsection (1), Racing NSW has power to do the following— (a) investigate and report on proposals for the construction of new racecourses, and inspect new racecourses or alterations or renovations to existing racecourses, (b) register or licence, or refuse to register or licence, or cancel or suspend the registration or licence of, a race club, or an owner, trainer, jockey, stablehand, bookmaker, bookmaker's clerk or another person associated with racing, or disqualify or suspend any of those persons permanently or for a specified period, (c) supervise the activities of race clubs, persons licensed by Racing NSW and all other persons engaged in or associated with racing, (d) inquire into and deal with any matter relating to racing and to refer any such matter to stewards or others for investigation and report and, without limiting the generality of this power, to inquire at any time into the running of any horse on any course or courses, whether or not a report concerning the matter has been made or decision arrived at by any stewards, (e) allocate to registered race clubs the dates on which they may conduct race meetings, (f) direct and supervise the dissolution of a race club that ceases to be registered by Racing NSW, (g) appoint an administrator to conduct the affairs of a race club, (h) register and identify galloping horses, (i) disqualify a horse from participating in a race, (j) exclude from participating in a race a horse not registered under the Rules of Racing, (k) prohibit a person from attending at or taking part in a race meeting, (l) impose a penalty on a person licensed by it or on an owner of a horse for a contravention of the Rules of Racing, (m) impose fees for registration of a person or horse, (n) require registered race clubs to pay to it such fees and charges (including fees for registration of a race club) as are required for the proper performance of its functions, calculated on the basis of criteria notified to race clubs by Racing NSW, (o) consult, join, affiliate and maintain liaison with other associations or bodies, whether in the State or elsewhere, concerned with the breeding or racing of galloping horses, (p) enter into contracts, (q) acquire, hold, take or lease and dispose of real and personal property whether in its own right or as trustee, (r) borrow money, (s) order an audit of the books and accounts of a race club by an auditor who is a registered company auditor nominated by Racing NSW, (t) scrutinise the constitutions of race clubs to ensure they conform to any applicable Act and the Rules of Racing and that they clearly and concisely express the needs and desires of the clubs concerned and of racing generally, (u) publish material, including periodical publications, to inform and keep informed the public concerning matters relating to racing, whether in the State or elsewhere, (v) undertake research and investigation into all aspects of the breeding of horses and of racing generally, (w) take such steps and do such acts and things as are incidental or conducive to the exercise of its powers and the performance of its functions. 14AA Registration and licensing functions of Racing NSW—general (1) Racing NSW is to exercise its registration and licensing functions so as to ensure that any individuals registered or licensed by Racing NSW are persons who, in the opinion of Racing NSW, are fit and proper persons to be so registered or licensed (having regard in particular to the need to protect the public interest as it relates to the horse racing industry). (2) Without limiting subsection (1), a person is not to be so registered or licensed if the person has a conviction and Racing NSW is of the opinion that the circumstances of the offence concerned are such as to render the person unfit to be so registered or licensed. (3) This section does not limit any provisions of the Rules of Racing relating to the exercise of the registration and licensing functions of Racing NSW. (4) In this section— conviction has the meaning given by the Criminal Records Act 1991 but does not include a conviction that is spent under that Act. registration and licensing functions means the functions referred to in section 14(2)(b). 14A Licensing of bookmakers (1) An application for a bookmaker licence may be made— (a) by a natural person of or over the age of 18 years, or (b) by a proprietary company. (2) Racing NSW must refuse to licence a proprietary company as a bookmaker unless satisfied that the company is an eligible company. (3) For the purposes of this section, an 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 licensed as an individual 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 Racing NSW, a fit and proper person to be licensed as an individual as a bookmaker under this Act, and (f) 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 bookmaker licence granted to a company that— (a) the company continues to be an eligible company, and (b) no shareholder or person concerned in the management of the company, other than a director, is licensed as an individual as a bookmaker under this Act, and (c) no director, shareholder or person concerned in the management of the company— (i) carries on the business of a bookmaker, otherwise than on behalf of the company, in relation to any horse, harness or greyhound race, at a meeting for horse racing in New South Wales, or (ii) carries on, at a racecourse licensed for horse racing, the business of a bookmaker in respect of a declared betting event otherwise than on behalf of the company, or (iii) is a director, shareholder or person concerned in the management of, or is an employee or agent of, any other company that is licensed as a bookmaker under this Act, or (iv) has a financial interest in any business of a bookmaker that is carried on by any such other company under the authority of its licence under this Act, and (d) (Repealed) (e) no director, shareholder or person concerned in the management of the company— (i) is licensed 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 (ii) is a director, shareholder or person concerned in the management of a corporation, or is a member of a partnership, that is licensed or otherwise authorised to carry on, or that carries on, any such business in another country, or (iii) is an employee or agent of any individual, partnership or corporation referred to in the preceding subparagraphs, or (iv) 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) In subsection (4)(c) and (e), 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. (6) (Repealed) (7) Racing NSW may suspend or cancel a bookmaker licence granted to a company if satisfied that any condition referred to in subsection (4) is contravened in respect of the company. This does not limit the powers of Racing NSW to suspend or cancel the registration of a company as a bookmaker under section 14. (8) Any debt that is incurred by a company in carrying on business as a bookmaker licensed 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. meeting for horse racing has the same meaning as in section 4 of the Betting and Racing Act 1998. racecourse licensed for horse racing means a racecourse in respect of which a licence for meetings for horse racing granted under section 7 of the Betting and Racing Act 1998 is in force. 14B Consultation and planning (1) Racing NSW is to prepare business plans for its activities from time to time. (2) Racing NSW is to undertake formal consultation on a regular basis with RICG and other horse racing industry stakeholders in connection with the initiation, development and implementation of policies for the promotion, strategic development and welfare of the horse racing industry. (3) Racing NSW is to prepare an initial strategic plan for the horse racing industry within 12 months after the commencement of this section and is to prepare a further strategic plan for the horse racing industry every 3 years after the initial strategic plan is prepared. Each strategic plan must be prepared in consultation with RICG and other horse racing industry stakeholders. (4) The annual report of Racing NSW is to include a progress report on implementation of the business plan of Racing NSW and the strategic plan for the horse racing industry over the period to which the annual report relates. 15 Vacation of office (1) The office of an appointed member of Racing NSW becomes vacant if the member— (a) dies, or (b) completes a term of office and is not reappointed, or (c) resigns the office by instrument in writing addressed to Racing NSW, or (d) is absent from 4 consecutive meetings of Racing NSW of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by Racing NSW or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by Racing NSW for having been absent from those meetings, or (e) becomes a person who is not eligible to be a member, or (f) is removed from office under subsection (2) or (3). (2) The Minister may, on the recommendation of Racing NSW, remove an appointed member of Racing NSW from office for incapacity, incompetence, misbehaviour or a contravention of the code of conduct adopted by Racing NSW under section 11A. (3) The Minister may also remove an appointed member from office if the Minister is satisfied that the member has— (a) contravened section 21 (Disclosure of pecuniary interests by members), or (b) a direct or indirect pecuniary interest in any matter that gives rise (or is likely to give rise) to a conflict of interest of a nature that is incompatible with continued membership of Racing NSW. (4) The Minister may not remove a member from office under subsection (3) unless the Minister has first given the member an opportunity to show cause why the member should not be removed from office. 16 Chairperson and Deputy Chairperson of Racing NSW (1) The Minister is to appoint one of the appointed members of Racing NSW as the Chairperson of Racing NSW and another appointed member as the Deputy Chairperson of Racing NSW. (2) The Minister must select persons for appointment as the Chairperson or Deputy Chairperson to a vacancy in any of those offices from a list of persons recommended for appointment as such that is provided to the Minister by the Selection Panel under section 7 in relation to the vacancy concerned. (3) The appointment of a person as the Chairperson or Deputy Chairperson may be made by the relevant instrument of appointment of the person as an appointed member or by another instrument executed by the Minister. (4) The Chairperson or Deputy Chairperson is to be appointed to hold office (subject to this Act) for a period of up to 4 years, unless the Chairperson or Deputy Chairperson sooner vacates office as such. (5) The Minister may remove a person from office as the Chairperson or Deputy Chairperson at any time. (6) A person ceases to hold office as Chairperson or Deputy Chairperson if he or she— (a) resigns the office by instrument in writing addressed to the Minister, or (b) is removed from that office by the Minister, or (c) ceases to hold office as a member of Racing NSW. (7) The Chairperson or Deputy Chairperson does not cease to be a member of Racing NSW merely because he or she ceases to be Chairperson or Deputy Chairperson. 17 Member vacancies to be filled If the office of an appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy. 18 The Chief Executive and other staff (1) Racing NSW is to employ a Chief Executive and may employ such other staff as it considers necessary for the exercise of its functions. A person is disqualified from being employed as Chief Executive if the person is or becomes an employee of a race club or racing association. (2) Racing NSW may fix the salary, wages and other conditions of employment of the Chief Executive and its other staff, 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 the Chief Executive and the other members of staff of Racing NSW. 18A Arrangements for use of staff and facilities of HRNSW (1) Racing NSW may arrange for the use of the services of any staff or facilities of HRNSW. (2) For the purposes of this Act, a person whose services are utilised by Racing NSW under this section is taken to be a member of staff of Racing NSW in the exercise of functions by the person under this Act. (3) Without limiting subsection (1), Racing NSW may arrange for a steward appointed by HRNSW to perform the functions of a steward under this Act. Any such person is taken to have been appointed by Racing NSW as a steward for the purposes of this Act while exercising functions under this Act in accordance with those arrangements. (4) Without limiting subsection (1), Racing NSW may arrange to share with HRNSW any equipment, information technology (such as computer software) or office, or any administrative system relating to licensing or registration. (5) Racing NSW is not authorised to enter into an arrangement under this section in relation to stewards, licensing or registration without the consent of the Minister. (6) The consent of the Minister under subsection (5)— (a) may be given in relation to a particular arrangement or a class of arrangements, and (b) may be subject to conditions, and (c) may be amended from time to time. 19 Procedure (1) Racing NSW may regulate its proceedings as it considers appropriate, subject to this section. (1A) Proceedings in respect of an inquiry conducted by Racing NSW may be conducted in public or in private, or partly in public and partly in private, as Racing NSW may decide. (1B) In conducting an inquiry, Racing NSW may examine any witness on oath or affirmation, or by use of a statutory declaration. (2) The quorum for a meeting of Racing NSW is a majority of the appointed members of Racing NSW as constituted for the time being. (3) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson is to preside at a meeting of Racing NSW. If neither the Chairperson nor Deputy Chairperson is present at a meeting, the members present may elect one of their number to preside at the meeting. The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, has a second or casting vote. (4) A decision supported by a majority of the votes cast at a meeting of Racing NSW at which a quorum is present is the decision of Racing NSW. (5), (6) (Repealed) 20 Transaction of business outside meetings or by telephone (1) Racing NSW may, if it thinks fit, transact any of its business by the circulation of papers among all of its members, and a resolution in writing approved in writing by a majority of the appointed members is taken to be a decision of Racing NSW. Email may be used to circulate papers among members and a resolution approved by email is taken to have been approved in writing. (2) Racing NSW may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if a member who speaks on a matter at the meeting can be heard by the other members. (3) For the purposes of— (a) the approval of a resolution under subsection (1), or (b) a meeting held in accordance with subsection (2), the Chairperson and each other member have the same voting rights as they have at an ordinary meeting of Racing NSW. (4) A resolution approved under subsection (1) is to be recorded in the minutes of the meetings of Racing NSW. (5) Papers may be circulated among members for the purposes of subsection (1) by facsimile or other transmission of the information in the papers concerned. 21 Disclosure of pecuniary interests by members (1) If— (a) a member of Racing NSW or of a committee of Racing NSW has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of Racing NSW or the committee, and (b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter, the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of Racing NSW or the committee. (2) A disclosure by a member at a meeting of Racing NSW or a committee of Racing NSW that the member— (a) is a member, or is in the employment, of a specified company or other body, or (b) is a partner, or is in the employment, of a specified person, or (c) has some other specified interest relating to a specified company or other body or to a specified person, is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subsection (1). (3) Particulars of any disclosure made under this section must be recorded by Racing NSW or the committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the reasonable fee determined by Racing NSW. (4) After a member has disclosed the nature of an interest in any matter, the member must not— (a) be present during any deliberation of Racing NSW or the committee with respect to the matter, or (b) take part in any decision of Racing NSW or the committee with respect to the matter. (5) (Repealed) (6) A contravention of this section does not invalidate any decision of Racing NSW or a committee. 22 Committees (1) Racing NSW may establish committees to assist it in connection with the exercise of any of its functions. (2) A person may be appointed to be a member of such a committee whether or not the person is a member of Racing NSW. (3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by Racing NSW or (subject to any determination of Racing NSW) by the committee. 23 Integrity Assurance Committee (1) Racing NSW must establish a committee to be known as the Integrity Assurance Committee ("the IA Committee"). The IA Committee is to have primary oversight of those aspects of the functions of Racing NSW that relate to race stewards, drug testing and control, licensing, handicapping and horse racing appeals. The IA Committee has such other functions as Racing NSW may confer on it or as are conferred on it by this Act. (2) The IA Committee is to advise Racing NSW on the matters for which it has primary oversight. (3) Racing NSW is to determine the qualifications and disqualifications for membership of the IA Committee and in doing so is to have particular regard to the need to minimise conflicts of interest, such as might arise from a person's— (a) ownership of horses currently in work, or (b) professional involvement in race preparation, or (c) professional or commercial dealings with any person who holds a licence issued by Racing NSW or by a racing association. 23A Inquiries and investigations by Integrity Assurance Committee in relation to complaint (1) A person may make a complaint to the IA Committee in respect of the exercise of functions by a racing official relating to horse racing. (2) On receiving a complaint from a person under this section, the IA Committee must investigate the complaint with due diligence unless the Committee 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 racing official in a corrupt, improper or unethical manner. (3) If the IA Committee decides to investigate a complaint, the Committee must inform the racing official concerned of the substance of the complaint and give the racing official a reasonable opportunity to respond to it. (4) The IA Committee may, by notice in writing, require a racing official who is the subject of an investigation under this section to do one or more of the following things— (a) provide, in accordance with directions in the notice, such information verified by statutory declaration as, in the opinion of the Committee, 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 Committee, 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 Committee such authorisations and consents as the Committee requires for the purpose of enabling the Committee 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 IA Committee contained in a notice under subsection (4). Maximum penalty (subsection (6)): 20 penalty units. 23B Action after investigation of complaint (1) The IA Committee must provide a report in writing of the results of the investigation of a complaint to Racing NSW and the Minister if satisfied that those results indicate that there has been a contravention of this or any other Act in relation to the conduct of horse racing or a contravention of the code of conduct adopted by Racing NSW under section 11A. (2) If such a report identifies any racing official in an adverse manner, the IA Committee must also give a copy of the report to the racing official. (3) The IA Committee must inform the person who made the complaint of whether a report has been made under this section or whether the Committee considers that the complaint does not warrant such a report being made. 24 Delegation of functions (1) Racing NSW may delegate to an authorised person or body any of its functions, other than this power of delegation. (2) A delegate may sub-delegate to an authorised person or body any function delegated by Racing NSW if the delegate is authorised in writing to do so by Racing NSW. (3) In this section, authorised person or body means— (a) the Chief Executive or any other member of Racing NSW, or (b) a committee of Racing NSW or any member of such a committee, or (c) a race club or racing association. 25 (Repealed) 26 Authentication of documents Any document requiring authentication by Racing NSW is sufficiently authenticated without the seal of Racing NSW if signed by the Chairperson. 27 Recovery of money Any charge, fee or other money due to Racing NSW may be recovered as a debt in a court of competent jurisdiction. 28 (Repealed) 29 Annual report (1) Racing NSW 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 Racing NSW 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 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. (4) Racing NSW is to make copies of the report available to the public at a reasonable price. Part 2A Special functions of Racing NSW Division 1 Conditions, minimum standards and directions 29A Power to set minimum standards for conduct of races and race meetings (1) Racing NSW may set minimum standards in connection with the conduct by registered race clubs of races and race meetings, including 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) racehorse training facilities, (d) the financial management of race meetings, including the management of the costs of conducting race meetings, (e) the fees and charges imposed by a race club in connection with races conducted by the race club, (f) prize money paid on races conducted by a race club, (g) starters, appearance and other fees paid by a race club, (h) such other matters relating to the conduct of races and race meetings as may be prescribed by the regulations. (2) Racing NSW may set minimum standards under this section in any one or more (or any combination) of the following ways— (a) by a direction in writing to race clubs, (b) as a condition of the registration of race clubs, (c) as a condition of the allocation of the dates on which race clubs may conduct race meetings. (3) Racing NSW is to consult with registered race clubs in relation to any proposal to set minimum standards under this section and in the course of that consultation must give a registered race club a reasonable opportunity to be heard and to make submissions on the proposal. (4) Minimum standards may be set under this section even if they are inconsistent with a provision of a by-law under any Act. In the event of an inconsistency between minimum standards set under this section and a provision of such a by-law, those minimum standards prevail to the extent of the inconsistency. 29B Race clubs to provide information and documents Racing NSW may give a direction in writing to a registered race club requiring the club to provide specified documents or furnish specified information to Racing NSW within a time specified in the direction, being documents or information that Racing NSW considers will be of assistance in connection with the exercise of its functions referred to in section 13(1)(b), (b1) or (c) or 29A. 29C Sanctions for non-compliance by race club with conditions, minimum standards and directions (1) Racing NSW may impose any sanction authorised by this section on a registered race club that Racing NSW is satisfied has— (a) failed without reasonable excuse to comply with a minimum standard set under section 29A, or (b) failed without reasonable excuse to comply with a direction given to the race club under section 29B, or (c) failed without reasonable excuse to comply with a condition of the registration of the race club (other than a minimum standard set under section 29A). (2) Each of the following sanctions is a sanction that Racing NSW may impose under this section— (a) a public admonishment of the race club, (b) a requirement that the race club pay to Racing NSW a civil penalty of up to 50 penalty units (or up to 100 penalty units if the contravention or failure is the second or a subsequent contravention or failure for which a civil penalty has been imposed on the race club under this section), (c) suspension or cancellation of the race club's registration. (3) Racing NSW is not to impose a sanction under this section without first giving the registered race club concerned notice in writing of the proposed sanction and a reasonable opportunity to be heard and to make submissions about the matter. (4) Subsection (3) does not apply in respect of the imposition of a sanction if Racing NSW is satisfied that the sanction must be imposed 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 wellbeing of the horse racing industry as a whole in New South Wales. (5) A sanction is imposed by giving notice in writing of the decision to impose the sanction to the race club concerned. (6) A civil penalty imposed under this section may be recovered by Racing NSW as a debt. Division 2 Race broadcasting arrangements 29D Definitions In this Division— broadcasting arrangement means a contract, understanding or other arrangement that— (a) facilitates a racing body engaging in race broadcasting or otherwise confers functions on a racing body in connection with race broadcasting, or (b) authorises or permits a person (other than a racing body) to engage in race broadcasting or otherwise facilitates such a person engaging in race broadcasting, or (c) makes provision in respect of race broadcasting and is prescribed by the regulations as a broadcasting arrangement for the purposes of this Division. race broadcasting means the broadcast, by means of a broadcasting service (within the meaning of the Broadcasting Services Act 1992 of the Commonwealth) or any other telecommunications medium, of— (a) the visual images or sound (or both) of any horse race promoted, conducted or controlled by a racing body, or (b) the call of any such horse race, and includes the marketing and distribution of any such broadcast. racing body means— (a) a race club, and (b) the Provincial Association of New South Wales, Racing NSW Country Limited or any other association or group of race clubs, and (c) such other body or group as may be prescribed by the regulations. 29E Racing NSW approval required for race broadcasting arrangements (1) A racing body must not enter into a broadcasting arrangement unless Racing NSW has given its prior approval in writing to the proposed arrangement. Racing NSW may refuse to approve of a proposed broadcasting arrangement if of the opinion that the arrangement is not in the best interests of the horse racing industry as a whole in New South Wales. (2) A broadcasting arrangement entered into in contravention of this section is void. (3) No compensation is payable by Racing NSW or the State in connection with the refusal by Racing NSW to approve of a proposed broadcasting arrangement. (4) This section does not apply to the entering into of a broadcasting arrangement before the commencement of this section but does apply to the extension after that commencement of the term of a broadcasting arrangement entered into before that commencement (as if the extension of the term of the arrangement constituted the entering into of a new broadcasting arrangement). (5) A racing body may authorise Racing NSW to negotiate and enter into broadcasting arrangements on behalf of the racing body. Except as provided by any such authorisation, this section does not authorise Racing NSW to exercise any function of a racing body with respect to the negotiation or entering into of broadcasting arrangements by the racing body. Note— This section has no effect on ownership of broadcasting rights. (6) Any conduct of Racing NSW authorised under this section is specifically authorised for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales. 29F Procedure for approvals (1) A proposed broadcasting arrangement must be submitted to Racing NSW for approval not less than 30 days before the broadcasting arrangement is proposed to be entered into, unless Racing NSW otherwise determines in a particular case. (2) A racing body must provide Racing NSW with such documents and information as Racing NSW directs in connection with a proposed broadcasting arrangement submitted for approval under this section. (3) Racing NSW is to consult with a racing body in relation to a proposed broadcasting arrangement that the racing body submits for approval under this Division and in the course of that consultation must give the racing body a reasonable opportunity to be heard and to make submissions on the proposal. (4) If Racing NSW refuses to approve of a proposed broadcasting arrangement, Racing NSW must provide the racing body concerned with a statement in writing of the reasons for the refusal. (5) The statement of reasons for the refusal must include the following— (a) a statement of the reasons why the proposed broadcasting arrangement is not in the best interests of the horse racing industry as a whole in New South Wales, (b) if the refusal will have the effect of lessening competition—a statement of the reasons why that lessening of competition is in the best interests of the horse racing industry as a whole in New South Wales. 29G Mediation of disputes (1) If a person aggrieved by a decision of Racing NSW to refuse to approve of a proposed broadcasting arrangement disputes the decision, the person may request Racing NSW to refer the dispute for mediation. Note— Mediation is a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute. (2) Racing NSW must refer the dispute for mediation before a neutral and independent person within 14 days after the request is made and must participate in good faith in the mediation. (3) Racing NSW is not bound by any decision or finding of the mediator. (4) Mediation under this section is to be at the expense of Racing NSW. Division 3 Totalizator distribution arrangements 29H Definition of "Intra-Code agreement" In this Division— Intra-Code agreement means— (a) the agreement titled "Intra-Code Deed" dated 3 March 1998 between the NSW Thoroughbred Racing Board, Australian Jockey Club, Sydney Turf Club, Provincial Association of New South Wales and NSW County Racing Council, as in force from time to time, or (b) any other agreement to which Racing NSW is a party that is prescribed by the regulations and that provides for the distribution of money payable under commercial arrangements for facilitating the conduct of totalizator betting authorised by the Totalizator Act 1997. 29I Review of Intra-Code agreement (1) Racing NSW may from time to time undertake a review of the Intra-Code agreement for the purpose of ensuring that the agreement is in the best interests of the horse racing industry as a whole in New South Wales. (2) Following such a review, Racing NSW may invite the other parties to the Intra-Code agreement to submit a proposal (a review proposal) for such changes to the agreement as may be necessary or desirable for ensuring that the agreement remains in the best interests of the horse racing industry as a whole in New South Wales. (3) The first review of the Intra-Code agreement under this section is to be commenced within 6 months after the commencement of this section. An invitation to submit a review proposal cannot be made less than 3 years after any previous invitation for the submission of a review proposal has been made under this section. 29J Amendment of Intra-Code agreement (1) If the parties (including Racing NSW) to the Intra-Code agreement have not unanimously agreed to changes to the agreement in response to a review proposal within 6 months after the invitation to submit a review proposal is made, Racing NSW may make a determination of the changes to the agreement that Racing NSW considers to be necessary or desirable for ensuring that the agreement remains in the best interests of the horse racing industry as a whole in New South Wales. (2) Racing NSW may then notify its determination to the other parties to the Intra-Code agreement and direct that the changes to the agreement specified in the determination are to have effect. Those changes then have effect for all purposes as if the Intra-Code agreement had been amended as provided in the determination by agreement of the parties, but do not take effect until the beginning of the next financial year. (3) This section does not limit or otherwise affect the ability of the parties to the Intra-Code agreement to agree to make changes to the agreement. Division 4 Appeal and review 29K Definition In this Division— appeal body means the Civil and Administrative Tribunal or the Racing Appeals Tribunal, as appropriate to an appeal or review provided for by this Division. 29L Appeal or review on procedural grounds For the purposes of this Division, an appeal against, or a review of, a decision on procedural grounds is an appeal or review— (a) on the grounds that any procedure required to be followed by this Act in connection with the making of the decision was not properly followed, or (b) on the grounds of denial of procedural fairness in connection with the making of the decision. 29M Appeal or review by Racing Appeals Tribunal or NCAT (1) A person aggrieved by a decision of Racing NSW to impose a sanction under section 29C(2)(a) or (b) may appeal against the decision to the Racing Appeals Tribunal under section 15 of the Racing Appeals Tribunal Act 1983 on procedural grounds. (2) No appeal lies to the Racing Appeals Tribunal against a decision of Racing NSW to impose a sanction under section 29C(2)(c), despite section 15 of the Racing Appeals Tribunal Act 1983. (3) A person aggrieved by a decision of Racing NSW under Division 2 (Race broadcasting arrangements) or 3 (Totalizator distribution arrangements) may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision on procedural grounds. Note— This section does not prevent the taking of administrative review proceedings in the Supreme Court. 29N Procedure on appeal or review (1) Despite any provision of the Administrative Decisions Review Act 1997, the Civil and Administrative Tribunal Act 2013 or the Racing Appeals Tribunal Act 1983, the jurisdiction of the appeal body on an appeal or review under this Division is limited to an appeal or review on procedural grounds. (2) On the appeal or review, the appeal body may set aside the decision concerned if satisfied that any of the grounds of appeal or review are made out. (3) The appeal body does not have jurisdiction on the appeal or review to substitute its own decision for that of Racing NSW. Division 5 Rules 29O Rules in relation to horse racing Racing NSW may make rules, not inconsistent with this Act or the regulations, for or with respect to— (a) the control and regulation of horse racing, or (b) the exercise of the functions of Racing NSW. 29P Rules generally (1) A provision of a rule made under this Division may— (a) apply generally or be limited in its application by reference to specified exceptions or factors, or (b) apply differently according to different factors of a specified kind, or (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or may do any combination of those things. (2) A rule made under this Division may apply, adopt or incorporate any publication as in force at a particular time or as in force from time to time. (3) A rule made under this Division may not be made for or with respect to any of the matters for or with respect to which regulations may be made by virtue of this Act. (4) Racing NSW may amend or repeal a rule made under this Division. Division 6 Special inquiries 29Q Definitions In this Division— compulsion order and compulsion powers have the same meanings as in section 29S. information includes a document or thing that contains information. provide information includes answering a question. special inquiry means a special inquiry established under section 29R. threat to horse racing means a threat to— (a) the integrity of horse racing, or (b) public confidence in the conduct of horse racing. 29R Special inquiry (1) Racing NSW may, when conducting an inquiry, decide to treat the inquiry as a special inquiry if Racing NSW is reasonably satisfied that the inquiry raises a threat to horse racing. (2) If a person attending a hearing of a special inquiry is attending because of a compulsion order— (a) the person is entitled to be represented by an Australian legal practitioner, and (b) the person presiding at the hearing is to be assisted by an Australian legal practitioner who has been practising in the State for at least 7 years, and (c) the Australian legal practitioner assisting the person presiding must explain to the person the subject of the compulsion order— (i) the effect of the compulsion powers specified in the order, and (ii) the effect of section 29U. (3) The rules may make further provision for the conduct of a special inquiry, including the procedures to be followed at a hearing of the special inquiry. (4) Nothing in this section limits the power of Racing NSW to otherwise inquire into any matter. 29S Compulsion orders (1) Racing NSW may apply to the Supreme Court for an order (a compulsion order) authorising Racing NSW to use the following powers (compulsion powers) on a person for the purposes of obtaining information of relevance to a special inquiry (relevant information)— (a) the power to order the person to attend a hearing of the special inquiry on the days specified in the order, (b) the power to order the person to provide the relevant information at a hearing, (c) the power to order the person to otherwise provide the relevant information to the special inquiry. (2) Racing NSW may apply for the compulsion order only if it is reasonably satisfied that— (a) the person has relevant information and the person is unwilling to provide the relevant information to the special inquiry, or (b) the person has relevant information and exceptional circumstances exist that require a compulsion power to be used without first asking the person to voluntarily provide the relevant information. (3) For the purposes of subsection (2)(b), exceptional circumstances include circumstances in which there is a very high likelihood that relevant information essential to the special inquiry will be lost. (4) The Supreme Court is to decide the application for the compulsion order in the absence of the person and without conducting a hearing unless it is satisfied that the interests of justice require the person to be present. (5) The Supreme Court is, when deciding if the interests of justice require the person to be present, to take into account— (a) the risk that the relevant information may be lost if the person is given advance notice of the proposed exercise of compulsion powers, and (b) any other matter the Court considers relevant. (6) The Supreme Court is, when deciding whether to grant the compulsion order, to take into account the following— (a) the nature of the threat to horse racing that the special inquiry is considering, (b) the value to the special inquiry of the relevant information sought, (c) the likelihood the person has the relevant information, (d) the likelihood the person would be unwilling to provide the relevant information, (e) if the application was made on the basis of Racing NSW being satisfied that exceptional circumstances exist, the nature of the exceptional circumstances, (f) the harm likely to be caused to the person if the order is granted and the person is required to provide relevant information that may incriminate the person, (g) any other matter the Court considers relevant. (7) If the Court decides to grant the compulsion order, it must specify the following in the order— (a) the name of the person the subject of the order, (b) the compulsion powers Racing NSW is authorised to use, (c) any limitation to which the use of the compulsion powers is subject, (d) the day on which the order expires. (8) The Court must give reasons for its decision to grant or refuse to grant the compulsion order. (9) A reference in this section to relevant information being lost includes a reference to the relevant information being concealed, altered, destroyed or otherwise being made unavailable to a special inquiry. 29T Racing NSW may exercise compulsion powers in accordance with order (1) Racing NSW may, in accordance with a compulsion order, exercise a compulsion power on the person the subject of the compulsion order. (2) Before exercising the compulsion power on the person, Racing NSW must inform the person in writing of the following— (a) that a compulsion order has been made in relation to the person, (b) what the compulsion power requires the person to do, (c) the reasonable time within which the person must comply with the requirement, (d) the penalty for failing to comply with the requirement. (3) A person must not fail to comply with a requirement imposed on the person by the exercise of a compulsion power. Maximum penalty—100 penalty units or 6 months imprisonment, or both. 29U Provisions relating to requirements to provide information (1) Warning to be given on each occasion A person is not guilty of an offence of failing to comply with a requirement under this Division to provide information unless the person was warned on that occasion that a failure to comply is an offence. (2) Self-incrimination not an excuse A person is not excused from a requirement under this Division to provide information on the ground that the information might incriminate the person or make the person liable to a penalty. (3) Information not admissible in other proceedings However, any information provided by a natural person in compliance with a requirement under this Division is not admissible in evidence against the person in disciplinary, civil or criminal proceedings (except for proceedings under this Act). (4) Further information Further information obtained as a result of information provided in compliance with a requirement under this Division is not inadmissible on the ground— (a) that the information had to be provided, or (b) that the information might incriminate the person. 29V Review of penalty for offence (1) The Minister is to review the penalty imposed by section 29T(3) to determine whether the level of the penalty remains valid and appropriate for securing the objectives of this Division. (2) The review is to be undertaken as soon as possible after the period of 3 years from the commencement of that section. (3) A report on the outcome of the review is to be tabled in each Hou