Queensland: Racing Act 2002 (Qld)

Racing Act 2002 An Act to provide for the management, operation, development and promotion of the racing industry in Queensland Chapter 1 Introduction 1 Short title This Act may be cited as the Racing Act 2002. 2 Commencement (1) Subject to subsection (2), this Act commences on a day to be fixed by proclamation. (2) Section 398(1) and schedule 2, part 1, in relation to the amendment of the Racing and Betting Amendment Act (No. 2) 2001, are taken to have commenced on 4 April 2002. 3 Act binds all persons (1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. 4 Main purpose of Act (1) The main purpose of this Act is to provide for control bodies to manage, operate, develop and promote codes of racing in a way that ensures public confidence in the racing industry in Queensland. (2) The main purpose is primarily achieved through the establishment of— (a) the Racing Queensland Board as the control body for the thoroughbred, harness and greyhound codes of racing; and (b) a process by which an eligible corporation may be approved as a control body for another code of racing; and (c) a framework for how all control bodies are to undertake the management, operation, development and promotion of codes of racing, including the licensing of clubs and venues in the code; and (d) a cooperative approach among entities under this Act with the commission. 5 Definitions The dictionary in schedule 1 defines particular words used in this Act. Chapter 2 Control bodies to manage codes of racing Part 1 Racing Queensland Board Division 1 Establishment of board and its status 6 Racing Queensland Board The Queensland All Codes Racing Industry Board, formerly established under this Act, is continued in existence under this Act under the name Racing Queensland Board. 7 Board to be control body for particular codes of racing The board is the control body for the following codes of racing (each a board code of racing)— (a) thoroughbred racing; (b) harness racing; (c) greyhound racing. 8 Application of various public sector Acts (1) The board is— (a) a statutory body under the Financial Accountability Act 2009; and (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982; and (c) a unit of public administration under the Crime and Corruption Act 2001. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the board's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 9 Nature of board The board is not a body corporate and does not represent the State. 9AF [Repealed] 9BN [Repealed] 9BO [Repealed] 9BP [Repealed] 9BQ [Repealed] 9BR [Repealed] 9BS [Repealed] 9BT [Repealed] 9BU [Repealed] 9BV [Repealed] 9BW [Repealed] 9BX [Repealed] 9BY [Repealed] 9BZ [Repealed] 9CA [Repealed] 9CB [Repealed] 9CC [Repealed] 9CD [Repealed] 9CE [Repealed] 9CF [Repealed] 9CG [Repealed] 9CH [Repealed] 9CI [Repealed] 9CJ [Repealed] 9CK [Repealed] 9CL [Repealed] 9CM [Repealed] 9CN [Repealed] 9CO [Repealed] 9CP [Repealed] Division 2 Board's functions and powers 10 Functions of board (1) The primary function of the board is to be the control body in relation to each of the board codes of racing and, as stated in section 81, to manage its codes of racing. (2) The board must perform its primary function in a way that is in the best interests of the board codes of racing collectively while having regard to the interests of each individual code. (3) The primary function includes, but is not limited to, each of the following matters relevant to the board codes of racing collectively and individually— (a) identifying, assessing and developing responses to strategic issues, including challenges relevant to each code and all the board codes of racing; (b) leading and undertaking negotiations with other entities about the strategic issues, and about agreements, that affect each code and all the board codes of racing; (c) identifying priorities for major capital expenditure for each code and all the board codes of racing; (d) developing and implementing plans and strategies for developing, promoting and marketing each code and all the board codes of racing; (e) making recommendations to the Minister as it considers appropriate; (f) working collaboratively with the commission and others to ensure the integrity of the racing industry in Queensland; (g) considering a matter referred to the board by the Minister and reporting to the Minister about the matter. 11 Powers of board (1) The board has— (a) the powers mentioned in section 82 as the control body for each board code of racing; and (b) the powers stated in subsection (2); and (c) the powers to do anything else necessary or convenient for performing its primary function or otherwise to discharge an obligation imposed on the board under this Act or another Act. (2) The board has the powers of an individual and may, for example— (a) enter into contracts and agreements; and (b) acquire, hold, deal with or dispose of property; and (c) engage consultants or contractors; and (d) appoint agents and attorneys; and (e) employ staff. (3) Subject to section 10(2), if a provision of this Act states that a control body— (a) must exercise a power in relation to a code of racing, the board must exercise the power for each board code of racing individually; and (b) may exercise a power in relation to a code of racing, the board may exercise the power for each board code of racing individually. 12 Funding of country thoroughbred race meetings (1) This section applies if, during a financial year, the board is paid 1 or more instalments under the Betting Tax Act 2018, section 59B. (2) The board must apply an amount that is at least the prescribed amount to fund the country thoroughbred race meetings held during the financial year. Note— See also sections 44A and 84 for the board's obligations to report on matters relating to country thoroughbred race meetings and to include details of country thoroughbred race meetings in the racing calendar prepared in relation to thoroughbred racing. (3) A regulation may provide for the prescribed amount to be increased each financial year by the prescribed percentage. (4) In this section— prescribed amount means the amount prescribed by regulation. prescribed percentage means the percentage prescribed by regulation. 13 Delegation by board The board may delegate its powers to an appropriately qualified person. Division 3 Membership 14 Members (1) The board consists of the following 7 members appointed by the Governor in Council— (a) 4 members appointed as mentioned in section 15(1) (each of whom is a non-industry member); (b) 3 members appointed as mentioned in section 15(3) (each of whom is a racing-industry member). (2) A member is to be appointed for a term of not more than 3 years. (3) A person appointed as a member may be reappointed. 15 Appointment to board (1) The Governor in Council may appoint a person as a non-industry member only if the person— (a) is, on the day of the appointment, an eligible individual and was, for 2 years before that day, an eligible individual; and (b) is suitable to be appointed to the board; and (c) has skills and experience in 1 or more of the following areas— (i) accounting; (ii) animal welfare; (iii) business; (iv) commercial and marketing development; (v) law; and (d) has not, for 2 years before the day of the appointment, owned a licensed animal. (2) In deciding whether to appoint a person as a non-industry member, the Governor in Council must have regard to whether the person's skills and experience will complement the skills and experience of the other non-industry members so that, as a group, the non-industry members have skills and experience in the areas mentioned in subsection (1)(c). (3) The Governor in Council may appoint a person as a racing-industry member only if the person— (a) is, on the day of the appointment, an eligible individual; and (b) is suitable to be appointed to the board; and (c) has skills and experience in at least 1 of the board codes of racing. (4) For making a decision about a person's suitability to be appointed to the board, the Governor in Council must have regard to each of the following matters— (a) the person's character or business reputation; (b) the person's current financial position and financial background; (c) the person's background. (5) The instrument of appointment of a person as a racing-industry member must state the board code of racing that the person is to represent. 16 Vacancy in member's office (1) The office of a member becomes vacant if— (a) the member resigns by signed notice given to the Minister; or (b) the member ceases to be an eligible individual; or (c) the member is absent, without reasonable cause, from 3 consecutive meetings of the board after being given notice of the meeting and, within 6 weeks after the last of those meetings, is not excused by the board for the 3 absences; or (d) the member is removed from office under subsection (2). (2) The Governor in Council may remove a member from office as a member for any reason or none. 17 Chairperson and deputy chairperson (1) The Governor in Council must appoint 1 of the non-industry members as the chairperson of the board. (2) The Governor in Council must appoint 1 of the non-industry members as the deputy chairperson of the board. (3) A person may be appointed as the chairperson or deputy chairperson at the same time as the person is appointed as a member or at another time. 18 Vacancy in chairperson's or deputy chairperson's office (1) The office of chairperson or deputy chairperson becomes vacant if the chairperson or deputy chairperson— (a) ceases to be a member; or (b) resigns office as chairperson or deputy chairperson by signed notice given to the Minister; or (c) is removed from office under subsection (3). (2) The chairperson or deputy chairperson may resign office as chairperson or deputy chairperson without resigning office as a member. (3) The Governor in Council may remove a person from office as the chairperson or deputy chairperson for any reason or none. 19 Casual vacancy (1) If the office of a member, chairperson or deputy chairperson becomes vacant before the end of the member's, chairperson's or deputy chairperson's term, the Governor in Council may appoint a person who is eligible to be appointed under section 15 or 17 to the board or to the office of chairperson or deputy chairperson. (2) A person appointed under subsection (1)— (a) completes the rest of the term of appointment of the member, chairperson or deputy chairperson that the person is replacing; and (b) is eligible for reappointment at the end of the term stated in paragraph (a). 20 Effect of vacancy in membership Despite section 14(1) or 17(1) or (2), the performance of a function, or exercise of a power, by the board is not affected merely because of a vacancy in the office of a member, the chairperson or the deputy chairperson. 21 Remuneration and other conditions of appointment (1) A member is to be paid the remuneration decided by the Governor in Council. (2) A member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. Division 4 Board business and meetings 22 Conduct of business Subject to this Act, the board may conduct its business, including its meetings, in the way it considers appropriate. 23 Time and place of meetings (1) The board may hold its meetings when and where the chairperson decides. (2) However, the chairperson must call a meeting if asked in writing by at least 1 other member. 24 Quorum A quorum for a meeting of the board is at least 4 members. 25 Presiding at meetings (1) The chairperson presides at all meetings of the board at which the chairperson is present. (2) If the chairperson is absent, the deputy chairperson presides. (3) If both the chairperson and deputy chairperson are absent from a meeting, including because of a vacancy in an office of chairperson or deputy chairperson, the non-industry board member chosen by the members present is to preside at the meeting. 26 Conduct of meetings (1) The board may conduct its meetings by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meetings. (2) A member who takes part in a meeting of the board under subsection (1) is taken to be present at the meeting. (3) A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting. (4) If the votes are equal, the person who, under section 25, is presiding at the meeting has a casting vote. (5) A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if— (a) at least half the members give written agreement to the resolution; and (b) notice of the resolution is given in accordance with procedures approved by the board. 27 Annual meeting (1) The board must, within 2 months after its annual report is tabled in the Legislative Assembly, hold an annual meeting. (2) The annual meeting must be open to the public. (3) The board must give 4 weeks notice of when and where it intends to hold its annual meeting on its website. 28 Minister may call meeting (1) The Minister may direct the board to convene a meeting to consider a matter specified by the Minister. (2) The board is to comply with the Minister's direction. 29 Minutes and other records The board must keep— (a) minutes of its meetings; and (b) a record of its decisions and resolutions. 30 Dissenting opinion to be reported (1) A member attending a meeting who objects to a decision made at the meeting in relation to the provision of advice to the Minister on a matter may require the member's objection, and the member's reasons for the objection, to be— (a) recorded in the minutes of the meeting; and (b) reported in writing to the Minister when the advice is provided. (2) The board is to comply with the requirement. Division 5 Chief executive officer 31 Chief executive officer of board (1) The board is to have a chief executive officer. (2) The chief executive officer of the board is appointed by the Governor in Council. (3) A person is eligible for appointment to be the chief executive officer if the person— (a) is recommended by the board; and (b) is, on the day of the appointment, an eligible individual; and (c) is suitable to be appointed as the chief executive officer; and (d) has skills, expertise and experience to perform the functions of the chief executive officer; and (e) is not, on the day of the appointment, and was not, for 2 years before that day, a member, commissioner, deputy commissioner or employee of the commission. (4) For subsection (3)(c), in making a decision about the person's suitability, the Governor in Council must have regard to each of the following— (a) the person's character or business reputation; (b) the person's current financial position and financial background; (c) the person's background. 32 Term of office (1) The chief executive officer holds office for a term of 3 years. (2) The chief executive officer may be reappointed. 33 Functions of chief executive officer The main functions of the chief executive officer are as follows— (a) to ensure the all-codes board is managed in accordance with the priorities of the board; (b) to ensure the efficient and effective administration of the board; (c) to ensure the board complies with the requirements of this Act and other Acts. 34 Remuneration and conditions of appointment (1) The chief executive officer is employed under this Act and not under the Public Sector Act 2022. (2) The chief executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council, including, for example, remuneration and allowances. 35 Vacancy (1) The office of chief executive officer becomes vacant if the chief executive officer— (a) completes the term of office and is not reappointed; or (b) resigns by signed notice given to the Minister; or (c) ceases to be an eligible individual; or (d) is removed by the Governor in Council under subsection (2). (2) The Governor in Council may remove the chief executive officer for any reason or none. 36 Acting chief executive officer (1) If there is a vacancy in the office of chief executive officer or the chief executive officer is absent or for any reason is unable to perform the functions of the office, the board may appoint a person to act as chief executive officer for a period of not more than 3 months. (2) However, the board can not appoint a person under subsection (1) for more than 3 months in any 1 year. 37 Delegation by chief executive officer The chief executive officer may delegate a function of the chief executive officer to an appropriately qualified person approved by the board. Division 6 Information to be collected about potential member and chief executive officer 38 Chief executive to gather information about candidate (1) Before a person (a candidate) may be appointed as a member or the chief executive officer, the candidate must sign a consent form that gives the candidate's consent to the following— (a) the collection of personal information about the candidate by or for the chief executive; (b) the collection of background information by or for the chief executive; (c) a criminal history check. (2) The chief executive may, by notice given to the candidate, require the candidate to give the chief executive further information or a document relating to the candidate within a reasonable time stated in the notice. 39 Obtaining criminal history of candidate (1) The chief executive may ask the police commissioner for the following— (a) a written report on the candidate's criminal history; and (b) a brief description of the circumstances of a conviction mentioned in the candidate's criminal history. (2) After receiving the request, the police commissioner must give the report on the candidate's criminal history to the chief executive. (3) However, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access. (4) In this section— candidate means a candidate as mentioned in section 38 who has given a signed consent form for a criminal history check. Division 7 Duties of executive officers and employees of board 40 Duty to act honestly and exercise care and diligence (1) An executive officer of the board must act honestly, and must exercise a reasonable degree of care and diligence, when performing the executive officer's functions and exercising the executive officer's powers. (2) A current or former executive officer must not make improper use of information acquired because of the executive officer's position as an executive officer— (a) to gain, directly or indirectly, an advantage for the executive officer or for any other person; or (b) to cause detriment to the board or a board code of racing. (3) An executive officer must not make improper use of the executive officer's position as an executive officer— (a) to gain, directly or indirectly, an advantage for the executive officer or for any other person; or (b) to cause detriment to the board or a board code of racing. (4) This section— (a) has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of an executive officer of the board; and (b) does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability. 41 Member must disclose interest (1) This section applies if— (a) a member who is present at a meeting of the board (the interested member) has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at the meeting; and Note— See section 26(2). (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. (2) The interested member must, as soon as possible after the relevant facts have come to the interested member's knowledge, disclose the nature of the interest at the meeting. Maximum penalty—40 penalty units. (3) Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose. (4) Unless the board otherwise directs, the interested member must not— (a) be present during any deliberation of the board about the matter; or (b) take part in any decision of the board about the matter. (5) For the giving of a direction by the board under subsection (4), the interested member must not— (a) be present during any deliberation of the board for the purpose of deciding whether to give the direction; or (b) take part in the decision about giving the direction by the board. (6) A contravention of this section does not invalidate any decision of the board. (7) However, if the board becomes aware a member has contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section. (8) If a member is a racing-industry member, the member may have regard to and act in the interests of the board code of racing stated in the member's instrument of appointment. (9) However, a member may not act in a way that is contrary to the interests of the board. (10) A reference to an interest or a conflict of interest is a reference to a matter within its ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954, schedule 1 does not apply. 42 Conflicts of interest (1) If a person employed by the board, other than a member, has an interest that conflicts or may conflict with the discharge of the person's duties, the person— (a) must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the person's knowledge; and (b) must not take action or further action relating to a matter that is, or may be, affected by the conflict unless authorised by the board. Maximum penalty—40 penalty units. (2) The board may direct a person employed by the board to resolve a conflict or possible conflict between an interest of the person and the person's duties. (3) If a disclosure is made by a person to the board as mentioned in subsection (1), the board must give notice to the commission within 14 days after the disclosure about— (a) the disclosure; and (b) any direction given by the board to the person. (4) For the interpretation of a reference to an interest or a conflict of interest, see section 41(10). Division 8 Immunity for members and chief executive officer 43 Protection from liability (1) A member or the chief executive officer does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to a member or the chief executive, the liability attaches instead to the board. Division 9 Ministerial direction to board 44 Ministerial direction to board about its functions or powers (1) The Minister may give the board a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is in the best interests of the Queensland racing industry to give the direction. (2) However, the Minister may not give the board a direction about any of the following— (a) the allocation of race days, and the provision of funding, to licensed clubs to hold race meetings; (b) the prize money for races held for a board code of racing; (c) stopping, restarting, rerunning, postponing or abandoning a race. (3) The board must comply with a direction given under subsection (1). Division 10 Annual reports 44A Matters for inclusion in annual report (1) The board's annual report for each financial year— (a) must include details of any direction given by the Minister under section 44(1) during the financial year; and (b) may include a comment about the effect on the board's activities of complying with the direction. (2) Also, the board's annual report for each financial year must include details of— (a) the country thoroughbred race meetings held during the financial year; and (b) the amount applied under section 12 during the financial year to fund the race meetings mentioned in paragraph (a). (3) In this section— annual report means an annual report prepared under the Financial Accountability Act 2009, section 63. Division 10 [Repealed] Part 1B [Repealed] Division 1 [Repealed] Division 2 [Repealed] Division 3 [Repealed] Division 4 [Repealed] Division 5 [Repealed] Division 6 [Repealed] Division 7 [Repealed] Division 8 [Repealed] Part 2 Approved control bodies Division 1 Applying for approval as control body for a code of racing 45 An eligible corporation may apply for approval as a control body (1) An eligible corporation may apply to the Minister for approval as the control body for a proposed code of racing. (2) The eligible corporation may apply for approval as the control body for the application code even if the corporation is, or has applied to be, the control body for another proposed code of racing. (3) The approval applicant may— (a) withdraw the approval application; or (b) amend the approval application subject to the matters prescribed by regulation about the way in which an approval application may proceed after it is amended. (4) The application mentioned in subsection (1) must be in the approved form. 46 Approval application to be accompanied by specific matters (1) An approval application must be accompanied by the following— (a) the application fee prescribed by regulation; (b) the approval applicant's written agreement to pay an amount that is the cost of any mediation under section 52 divided equally among the number of approval applicants who are given a notice about the mediation under that section; (c) a copy of the approval applicant's constitution under the Corporations Act; (d) a consent form signed by each person who the approval applicant considers is a business associate or executive associate of the approval applicant that gives the associate's consent to the following— (i) the collection of personal information about the associate by or for the chief executive; (ii) the collection of background information by or for the chief executive; (iii) a criminal history check; (e) the approval applicant's written agreement to obtain a consent of the type mentioned in paragraph (d) for a person whom the chief executive believes is a business associate or executive associate of the approval applicant but whose consent does not accompany the approval application; (f) the approval applicant's plans for managing the application code and a timetable for implementing all the plans. (2) The plans mentioned in subsection (1)(f) must include the approval applicant's proposals for policies and the procedures for the following— (a) selling a product to persons lawfully conducting wagering under the Wagering Act 1998; (b) licensing clubs and venues involved in the application code; (c) safeguarding the public interest in the application code; (d) providing or participating in an appropriate education and training system for persons who are likely to— (i) engage in activities requiring a licence; or (ii) participate in the application code but are not required to be licensed; (e) a website, and the information to be accessible through the website including policies and rules required to be published on the website under sections 104 and 114. (3) Also, the plans mentioned in subsection (1)(f) must include the draft strategic plan and operational plan for the application code, that comply with the prescribed requirements under section 98 for the plans, for the financial year in which it is reasonably likely that the application may be approved. (4) The proposals for the policies and the procedures must be well developed and, based on the assumption that the application is approved— (a) capable of implementation by the approval applicant within 18 months after the Minister's approval of the application; or (b) if the approval applicant believes the proposals for the policies and the procedures are not capable of implementation within the 18 months—the plans mentioned in subsection (1)(f) must include an estimate of when the policies and the procedures would be capable of implementation by the approval applicant. (5) The written agreement mentioned in subsection (1)(b), and the consent mentioned in subsection (1)(d), must be in the approved form. 47 Evidence of matters to be included in an approval application An approval application must include evidence establishing each of the following— (a) the approval applicant is an eligible corporation; (b) each of its executive officers is an eligible individual; (c) each of its executive officers has skills and experience in 1 or more of the following areas— (i) the application code; (ii) accounting; (iii) animal welfare; (iv) business; (v) commercial and marketing development; (vi) law. Division 2 Referral of approval application to chief executive for processing 48 Minister to refer an approval application for assessment and other action (1) After receiving an approval application, the Minister must refer it to— (a) the chief executive for assessment under this Act; and (b) the commission for assessment under the Racing Integrity Act. (2) The chief executive must— (a) require the approval applicant, by notice (an advertising notice) given to the applicant, to advertise information about the approval application; and (b) assess under this Act whether the approval applicant is suitable to be approved as the control body for the application code. 49 Advertising notice about an approval application (1) The advertising notice must state— (a) the form of, and the information to be included in, the advertisement; and (b) the newspapers or other publications in which the advertisement must appear; and (c) the days on which the advertisement must appear in the stated newspapers or other publications. (2) Without limiting subsection (1)(a), the chief executive must require each advertisement to state that a person may object to the approval application, by giving a written submission to the chief executive or the commission in a way and by a date stated in the advertisement (the closure date). (3) The closure date must be at least 28 days after the advertisement first appears in a newspaper or other publication as required under subsection (1). (4) The approval applicant is liable for all expenses relating to the advertisement. 50 Objection to approval application (1) A person (an objector) may object to an approval application by written submission given to the chief executive or the commission by the closure date stated in the advertisement. (2) The submission must state the objector's reasons for objecting and, if applicable, may include conditions to which the objector believes an approval relating to the approval application should be subject. (3) If the chief executive is given a submission as mentioned in subsection (1), the chief executive must give the commission a copy of it. Division 3 When there is more than 1 approval application relating to a particular type of animal racing 51 Application of division This division applies if— (a) both of the following apply— (i) an objector's reasons for objecting to an approval application states the objector is the appropriate eligible corporation to be approved as the control body for the application code; (ii) the objector makes an approval application for the application code within 28 days after the closure date; or (b) before the closure date for an approval application, another eligible corporation, other than an objector, makes an approval application for the application code. 52 Chief executive must call meeting of all approval applicants (1) The chief executive must, by notice given to each of the approval applicants, call a meeting of them to explore the possibility of all of the approval applicants reaching a mediated agreement about the eligible corporation that should be approved as the control body for the application code. Example of a mediated agreement— The approval applicants may agree to form an eligible corporation in which they each have equal rights to appoint that corporation's executive officers, to withdraw each of their approval applications and to support an application by the formed eligible corporation to be the control body for the application code. (2) The chief executive may arrange for a suitably qualified person to be the mediator at the meeting. (3) The chief executive, by notice to the commission, must— (a) tell the commission about calling the meeting and the details of the meeting; and (b) invite the commission to attend the meeting as an observer. (4) If a mediated agreement can not be reached at the meeting, the chief executive must include information about the mediation in the chief executive's report to the Minister under section 54. Division 4 Assessment actions by chief executive for approval applications 53 Assessment of an approval application if only 1 application (1) The chief executive must assess an approval application referred to the chief executive under section 48(1). (2) The chief executive must prepare and give to the Minister a report relating to the approval application covering the following to the extent that is applicable— (a) the application; (b) submissions given to the chief executive under section 50 about the application; (c) reports about the criminal histories of individuals who are business associates and executive associates of the approval applicant, given to the chief executive under section 58(2); (d) the chief executive's assessment, as mentioned in section 48(2)(b), about whether the approval applicant is suitable to be approved as the control body for the application code. (3) This section is subject to section 54. 54 Assessment of an approval application if more than 1 application (1) This section applies if the chief executive calls a meeting of approval applicants under section 52(1) and there is no mediated agreement supported by all of the approval applicants. (2) The chief executive must assess each of the approval applications. (3) The chief executive must prepare and give to the Minister a single report relating to all approval applications covering the following to the extent that is applicable— (a) the applications; (b) submissions given to the chief executive under section 50 about the applications; (c) reports about the criminal histories of individuals who are business associates and executive associates of the approval applicants, given to the chief executive under section 58(2); (d) the chief executive's assessment, as mentioned in section 48(2)(b), about whether each approval applicant is suitable to be approved as the control body for the application code; (e) an assessment about the merits of each approval application compared to the other approval applications; (f) the chief executive's recommendation about which approval applicant is best qualified and most suitable to be the control body for the code. 55 Assessing approval applicant or approval applicants (1) This section applies to the chief executive in assessing an approval application as mentioned in section 53 or 54. (2) The chief executive must decide whether the approval applicant is suitable to be approved as the control body for the application code. (3) For subsection (2), the chief executive must have regard to, and if necessary, investigate each of the following— (a) the approval application, matters accompanying or included in the approval application as mentioned in section 46, and evidence given by the approval applicant in support of the application about the matters mentioned in section 47; (b) the approval applicant's business reputation, current financial position and financial background; (c) the suitability of every business associate and executive associate of the approval applicant to be associated with the approval applicant as a control body; (d) if the approval applicant has a business association with another entity— (i) the entity's character or business reputation; and (ii) the entity's current financial position and financial background. (4) In deciding about the suitability of a business associate or executive associate of the approval applicant, the chief executive must have regard to, and if necessary investigate, each of the following— (a) the associate's character or business reputation; (b) the associate's current financial position and financial background; (c) if the associate has a business association with another entity— (i) the entity's character or business reputation; and (ii) the entity's current financial position and financial background. 56 Chief executive may require further information or documents to support approval application as part of investigations under s 55 (1) For an investigation under section 55 relating to an approval applicant, the chief executive may, by notice given to the approval applicant, require the applicant to give the chief executive further information or a document relating to any of the following within a reasonable time stated in the notice— (a) the approval application; (b) the approval applicant; (c) a business associate or executive associate of the approval applicant; (d) an entity with which the approval applicant has a business association. (2) For an investigation under section 55 relating to a business associate or executive associate of an approval applicant, the chief executive may, by notice given to the associate and a copy of the notice to the approval applicant, require the associate to give the chief executive information or a document relating to the following within a reasonable time stated in the notice— (a) the association with the approval applicant; (b) an entity with which the associate has a business association. (3) When making the requirement, the chief executive must warn the approval applicant and associate that the approval application will not be considered further until the requirement is complied with. 57 Request to obtain criminal history of business associates and executive associates of approval applicant (1) This section applies if— (a) a business associate or executive associate of an approval applicant is an individual; and (b) the associate's consent for the chief executive to obtain the associate's criminal history did not accompany the approval application. (2) The chief executive must, by notice to the approval applicant, ask the applicant for the written consent of the business associate or executive associate for the chief executive to obtain the associate's criminal history. (3) If the business associate or executive associate does not consent, or withdraws his or her consent, the application is taken to have been withdrawn. 58 Obtaining the criminal history of an individual (1) If the chief executive has the written consent of an approval applicant's business associate or executive associate who is an individual to obtain the individual's criminal history, the chief executive may ask the police commissioner for the following— (a) a written report on the individual's criminal history; (b) a brief description of the circumstances of a conviction mentioned in the individual's criminal history. (2) After receiving the request, the commissioner must give the report on the individual's criminal history to the chief executive. (3) However, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access. Division 5 Ministerial decision about approval applications 59 Minister to consider and decide approval application (1) This section applies after the Minister is given an assessment report. (2) Before making a decision about an approval application, the Minister must consider the following— (a) the assessment report and any assessment report of the commission under the Racing Integrity Act about the approval application; (b) the approval application or approval applications dealt with in the report; (c) further documents given to the chief executive or the commission by the approval applicant in support of the application or an amendment of the application; (d) submissions given to the chief executive or the commission under section 50(1) and, to the extent applicable, any other approval applications and any mediated agreement as mentioned in section 52(1), relating to the application code; (e) conditions the Minister believes should apply if the application is approved. (3) The Minister must not grant the application unless the Minister is satisfied— (a) the approval application is accompanied by, and includes, all matters mentioned in section 46 and otherwise complies with that section; and (b) the approval applicant has provided evidence satisfactory to the Minister about the matters mentioned in section 47; and (c) the application code is suitable to be a code of racing and the approval applicant is suitable to be approved as the control body for the code of racing. (4) Without limiting subsection (3), if the Minister is considering more than 1 approval application, the Minister must decide which approval applicant is best qualified and most suitable to be the control body for the application code. 60 Information notice about Minister's decision (1) After the Minister makes a decision about an approval application, the Minister must give the approval applicant an information notice about the decision. (2) If the Minister grants the application, the information notice must state the conditions imposed by the Minister to which the approval is to be subject. (3) If the Minister's decision is that, should the approval applicant rectify a matter within a period, the Minister would give the approval applicant an approval under section 61, the information notice must state the matter to be rectified, the way it may be rectified and a reasonable period for the matter to be rectified. Example for subsection (3)— The approval application may be approved on the condition that the approval applicant's constitution is changed in a stated way within a stated period. 60B [Repealed] 61 When Minister must give an approval to approval applicant (1) This section applies if the Minister decides an approval applicant is suitable to be approved as the control body for the application code. (2) After all of the following have happened, the Minister must give the approval applicant an approval as the control body for the code of racing signed by the Minister— (a) the Minister has given the approval applicant an information notice about the decision under section 60; (b) the approval applicant has given the chief executive a notice stating— (i) there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister's decision; and (ii) if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60(3), has been rectified and the way it has been rectified; (c) the approval applicant has paid the fee under section 65 in relation to the first year of the approval. (3) After giving an approval under subsection (2), the Minister must publish in the gazette a notice that— (a) the type of animal racing stated in the notice is a code of racing; and (b) the Minister has approved the approval applicant as the control body for the code of racing stated in the notice. (4) The notice mentioned in subsection (2)(b) must be in the approved form. 62 Form of approval The approval of the control body must state each of the following— (a) the name of the control body, its Australian Company Number and its business address; (b) the date of the approval and the date on which the approval takes effect; (c) the code of racing for which the approval is given; (d) conditions imposed by the Minister to which the approval is subject. 63 Control body approved for more than one code of racing (1) This section applies to a control body that has approval as the control body for more than 1 code of racing. (2) In making a decision under this Act, the control body must make a decision that is in the best interests of all the codes of racing for which the control body holds an approval while having regard to the interests of each individual code. Division 6 Other matters relating to approvals and approval applications 64 Approval continues in force unless cancelled or suspended (1) A control body's approval continues in force until the approval is cancelled. (2) However, if a control body's approval is suspended, the approval does not have effect for the period of the suspension. 64A [Repealed] 64B [Repealed] 65 Yearly fee payable by each control body (1) A control body must pay a fee to the chief executive in relation to each year for which its approval has effect. (2) A regulation may prescribe— (a) the amount of the fee payable under this section relating to each year; and (b) the date (the due date) by which the fee relating to each year is payable. (3) If a fee is not paid by the due date— (a) the amount of the fee is a debt owing to the State; and (b) the failure to pay is a ground for taking, as mentioned in section 74(1)(d), disciplinary action relating to the approval of the control body. 66 Regulation may prescribe a condition applying to an approval (1) A regulation may prescribe a condition (a regulation condition) to which the Minister's approval is subject. (2) A regulation condition applies to a control body even if the control body was approved as a control body before the regulation commenced. (3) If there is an inconsistency between an express condition stated in an approval and a regulation condition, the regulation condition applies to the extent of the inconsistency. 67 Variation of approval of control body (1) A control body may apply to the Minister for a variation of its approval as a control body. (2) The application must be in the approved form and accompanied by the application fee prescribed under a regulation. (3) The Minister must consider the application and either grant or refuse to grant the application. (4) After the Minister makes a decision about the application, the Minister must give the applicant an information notice about the decision. (5) If the Minister grants the application, the information notice must— (a) state the conditions imposed by the Minister to which the approval is to be subject; and (b) include a direction to the control body to return the approval to the Minister, within 14 days after the date of the information notice, for relevant action by the Minister. 67A [Repealed] Division 7 Requirements for approved control body after approval 68 Approved control body to report to chief executive on status as eligible corporation in previous financial year (1) Within 14 days after each anniversary day for an approved control body, the approved control body must give the chief executive a notice about whether the approved control body has been an eligible corporation for the year before the anniversary day and is, on that anniversary day, an eligible corporation. (2) A notice under subsection (1) must be in the approved form. (3) In this section— anniversary day, for an approved control body, means each day that is the anniversary of the day on which the approved control body's approval took effect. 68A [Repealed] 68B [Repealed] 68C [Repealed] 68D [Repealed] 68DA [Repealed] 68E [Repealed] 68F [Repealed] 68G [Repealed] 68H [Repealed] 68I [Repealed] 68J [Repealed] 68K [Repealed] 68L [Repealed] 68M [Repealed] 69 Obligation to implement plans as stated in approval application (1) This section applies to the following that, under section 46(1)(f), accompanied a control body's approval application— (a) its plans for managing its code of racing; and (b) the timetable for implementing the plans. (2) Subject to the regulation conditions and stated conditions in the control body's approval, the control body must implement the plans as stated in the timetable. 70 Notice of event resulting in a control body not being an eligible corporation (1) Within 14 days after an event happening relating to a control body that makes the control body no longer an eligible corporation, the control body must give notice under subsection (2) about the event to the chief executive and the commission. (2) The notice must— (a) be in the approved form; and (b) include the control body's plan and timetable for making the corporation an eligible corporation. (3) The giving of a notice under subsection (1) does not limit the Minister's power under section 75 to give the control body a show cause notice. 71 Ministerial direction to approved control body about its policies or rules (1) This section applies if the Minister believes that, for 1 or more of the following reasons, it is necessary to give a control body a direction under this section— (a) to ensure public confidence in the integrity of the Queensland racing industry; (b) to ensure the control body is managing its code of racing in the interests of the code; (c) to ensure the welfare of licensed animals; (d) to ensure the control body's actions are accountable and its decision-making processes are transparent; (e) to ensure the control body's rules of racing have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992, section 4(3). (2) The Minister may, by notice given to the control body, direct the control body to do 1 or more of the following and take into account matters stated in the direction— (a) make a new policy about a matter; (b) review an existing policy; (c) make rules of racing about a matter; (d) review existing rules of racing. (3) The notice must state a date by which the direction must be complied with. (4) The date stated must be reasonable having regard to the nature of the matters to be done under the direction. 72 Control body is unit of public administration On and after the approval effect day for a control body, the control body is a unit of public administration under the Crime and Corruption Act 2001, to the extent of the control body's operations for the purposes of performing its function under this Act. 73 Audit by auditor-general (1) At the request of the Minister, the auditor-general may audit a control body. (2) For subsection (1)— (a) the auditor-general is taken to be auditing an entity under the Auditor-General Act 2009; and (b) the control body is taken to have consented to the audit. (3) However, despite that Act and subsection (2)(b), the control body can not revoke or otherwise withdraw the consent mentioned in subsection (2)(b). (4) A control body audited under this section is liable for the fees charged by the auditor-general for the audit, as mentioned in the Auditor-General Act 2009. Division 8 Disciplinary action against approved control bodies 74 Grounds for disciplinary action relating to the approval of a control body for its code of racing (1) Each of the following is a ground to take disciplinary action relating to an approval of a control body for its code of racing— (a) the control body is not an eligible corporation; (b) an executive officer of the control body is not an eligible individual; (c) the control body is no longer suitable to manage the code; (d) the control body contravenes a provision of this Act or the Racing Integrity Act, whether or not a penalty is provided for the contravention; (e) the control body fails to comply with a condition relating to its approval; (f) the control body contravenes a Ministerial direction; (g) in its approval application, or a notice or other document that the control body is required under this Act or the Racing Integrity Act to give to the Minister, chief executive or commission, the control body stated something it knew was false or misleading in a material particular. (2) For forming a belief that the ground mentioned in subsection (1)(c) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether an approval applicant for approval as a control body is suitable to be approved as a control body. 75 Show cause notice (1) If the Minister believes a ground exists to take disciplinary action relating to the approval of a control body for its code of racing, the Minister must, subject to section 78(1)(a), give the control body a notice (a show cause notice). (2) The show cause notice must state the following— (a) the disciplinary action the Minister proposes taking under this division (the proposed action); (b) the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) if the proposed action includes suspension—the proposed suspension period; (e) if the proposed action includes varying the approval—the change that it is proposed to make to a condition stated in the approval or the new condition to which it is proposed to make the approval subject; (f) if the proposed action includes censuring the control body—the proposed censure; (g) an invitation to the control body to show, within a stated period (the show cause period), why the proposed action should not be taken. (3) The show cause period must be a period ending at least 28 days after the day the show cause notice is given to the control body. 76 Consideration of representations (1) The control body may make written representations about the show cause notice to the Minister in the show cause period. (2) The Minister must consider all written representations (the accepted representations) made under subsection (1). 77 Immediate suspension of an approval (1) The Minister may suspend the approval of a control body immediately if the Minister believes— (a) a ground exists to take disciplinary action relating to the approval of the control body for its code of racing; and (b) the circumstances are so extraordinary that it is imperative to suspend the approval immediately to ensure— (i) the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or (ii) the public interest in the code of racing is not adversely affected. (2) The suspension— (a) can be effected only by the Minister giving the control body an information notice about the decision to suspend it, together with a show cause notice; and (b) operates immediately the information notice is given to the control body; and (c) continues to operate until the show cause notice is finally dealt with. 78 Censuring control body (1) The Minister may censure a control body if the Minister— (a) believes a ground exists to take disciplinary action relating to the approval of the control body but does not believe that giving a show cause notice to the control body is warranted; or (b) after considering the accepted representations for a show cause notice, still believes a ground exists to take disciplinary action relating to the approval of a control body but does not believe disciplinary action is warranted. (2) The censure may be effected only by the Minister giving the control body an information notice about the decision to censure it. 79 Direction to control body to rectify matter (1) This section applies if, after considering the accepted representations for a show cause notice, the Minister— (a) still believes a ground exists to take disciplinary action relating to the approval of a control body; and (b) believes a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter. (2) The Minister may direct the control body to rectify the matter. (3) The direction can be effected only by the Minister giving the control body an information notice about the decision to give the direction, including the period for rectifying the matter. (4) The period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified. (5) A control body must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse. Maximum penalty—400 penalty units. (6) The control body can not be prosecuted, or have disciplinary action relating to its approval taken against it, for the ground giving rise to the information notice unless the control body— (a) fails to comply with the notice within the stated period; and (b) does not have a reasonable excuse for failing to comply with the notice. (7) The Minister's power to give a direction to a control body under another provision of this Act is not limited by the Minister's power to give a direction under this section. 80 Action by Minister (1) Subject to section 79(6), this section applies if— (a) there are no accepted representations for a show cause notice; or (b) after considering the accepted representations for a show cause notice, the Minister still believes a ground for disciplinary action exists relating to the approval. (2) The Minister may— (a) if the proposed action was to suspend the approval—suspend the approval for not longer than the proposed suspension period; or (b) if the proposed action was to vary the approval—vary the approval in the proposed way; or (c) if the proposed action was to cancel the approval—cancel the approval or take another form of disciplinary action. (3) More than 1 type of disciplinary action relating to the approval of a control body may be taken under this section. (4) If the Minister decides to take action under subsection (2), the Minister must immediately give the control body an information notice about the decision. (5) The information notice must include a direction to the control body to return the approval to the Minister, within 14 days after receiving the information notice, for relevant action by the Minister. (6) The decision takes effect on the later of the following— (a) the day the information notice is given to the control body; (b) the day of effect stated in the information notice. Part 3 Control bodies for codes of racing Division 1 Function and powers of control bodies 81 Function of control body The function under this Act of a control body is to manage its code of racing. 82 Powers of control body for its code of racing (1) A control body has— (a) the powers necessary for performing its function; and (b) all other powers necessary for discharging the obligations imposed on the control body under this Act or another Act. (2) Without limiting subsection (1), a control body may do any of the following for any of its codes of racing— (a) license clubs and venues that are suitable to be licensed for the code; (b) conduct audits of licence holders to decide if the licence holders continue to be suitable to be licensed, on the control body's own initiative or at the request of the Minister; (c) investigate complaints about licence holders on the control body's own initiative or at the request of the Minister; (d) allocate dates on which, and places at which, race meetings are to be held for the code of racing; (e) prepare and implement plans and strategies for developing, promoting and ma