Queensland: Racing Integrity Act 2016 (Qld)

Racing Integrity Act 2016 An Act to safeguard the welfare of animals, to ensure the integrity of persons involved in the racing industry and to manage matters relating to betting and sporting contingencies Chapter 1 Preliminary 1 Short title This Act may be cited as the Racing Integrity Act 2016. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Main purposes of Act and their achievement (1) The main purposes of this Act are— (a) to maintain public confidence in the racing of animals in Queensland for which betting is lawful; and (b) to ensure the integrity of all persons involved with racing or betting under this Act or the Racing Act; and (c) to safeguard the welfare of all animals that are or have been involved in racing under this Act or the Racing Act. (2) The purposes are to be achieved primarily by— (a) establishing the Queensland Racing Integrity Commission; and (b) regulating racing bookmakers by establishing a framework that provides for— (i) licensing by the commission; and (ii) the granting of offcourse approvals; and (c) establishing the Racing Appeals Panel to review the decisions of stewards under the rules of racing; and (d) authorising particular information relating to the decisions of stewards to be made available to the public. 4 Extraterritorial application of Act (1) This Act applies both within and outside Queensland. (2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament. 5 Dictionary The dictionary in schedule 1 defines particular words used in this Act. 6 Act binds State, Commonwealth and other States (1) This Act binds the State and, as far as the legislative authority of the Parliament permits, the Commonwealth and the other States. (2) However, an entity mentioned in subsection (1) can not be prosecuted for an offence against this Act. Chapter 2 Queensland Racing Integrity Commission Part 1 Establishment 7 Establishment and status (1) The Queensland Racing Integrity Commission (the commission) is established. (2) The commission consists of the commissioner, each deputy commissioner and the staff of the commission. (3) The staff are to be employed under the Public Sector Act 2022. (4) However, race day stewards are employed under this Act and not the Public Sector Act 2022. 8 Commission represents the State (1) The commission represents the State. (2) Without limiting subsection (1), the commission has the status, privileges and immunities of the State. 9 Application of other Acts (1) The commission is— (a) a unit of public administration under the Crime and Corruption Act 2001; and (b) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B explains how that Act affects the commission's powers. Part 2 Functions and powers 10 Functions (1) The commission has the following functions— (a) to license animals and participants that are suitable to be licensed for a code of racing; (b) to assess under this Act the suitability of an applicant to be an approved control body; (c) to conduct audits of licence holders to decide if the licence holders continue to be suitable to be licensed, on the commission's own initiative or at the request of the Minister; (d) to investigate complaints about matters relevant to a code of racing, on the commission's own initiative or at the request of the Minister, including— (i) complaints about the processes of a control body; and (ii) complaints about a licence holder; (e) to conduct investigations into breaches of this Act or the Racing Act; (f) to oversee the integrity of race meetings, including matters preliminary to race meetings; Examples of matters preliminary to race meetings—— jumpouts, trackwork sessions, trials (g) to manage testing of things, including developing or adopting procedures about the way things for analysis are to be taken and dealt with; (h) to keep records that provide for the identification and monitoring of animals; Example— records that show the 'end-to-end tracking' of an animal (i) to safeguard the welfare of any animal involved, whether directly or indirectly and whether lawfully or unlawfully, in racing; (j) to safeguard the welfare of any animal that— (i) used to be involved in racing in Queensland or another jurisdiction; and (ii) is in the possession of a person licensed under the thoroughbred or harness codes of racing; (k) to make decisions about disciplinary matters; (l) to prevent noncompliance and lapses in integrity, as far as practicable, in the racing industry; (m) to promote compliance and integrity, and to promote animal welfare and prevent animal cruelty, by educating, providing information for, and working with, participants; (n) to regularly review and assess compliance and the integrity of participants and practices in the racing industry, on the commission's own initiative or at the request of the Minister; (o) to work collaboratively with entities responsible for investigating and prosecuting offences, including— (i) sharing information with the entities for crime prevention; and (ii) in circumstances where the commission reasonably suspects an offence may have been committed; (p) to identify opportunities for cooperative partnerships with entities to improve compliance and integrity in the racing industry; (q) to report and make recommendations to the Minister about matters relevant to the performance of its functions and any other matters referred to it by the Minister; (r) to make all necessary inquiries it believes necessary to fulfil a function mentioned in paragraphs (a) to (p); (s) to perform a function incidental to a function mentioned in paragraphs (a) to (p); (t) to perform a function given to it under another Act. (2) In this section— compliance includes compliance with this Act or the Racing Act. processes, of a control body, includes policies, systems, actions and decisions made by the control body. 11 General restriction on functions It is not a function of the commission to investigate— (a) a matter that has already been decided by a court, a tribunal or the Racing Appeals Panel; or (b) a matter the subject of an unfinished proceeding that has started in a court, a tribunal or the Racing Appeals Panel. 12 Powers (1) The commission has all the powers of an individual and may, for example— (a) enter into contracts or agreements; and (b) acquire, hold, deal with, and dispose of, property; and (c) appoint agents and attorneys; and (d) engage consultants and researchers; and (e) charge a fee for services and other facilities it supplies; and (f) do anything else necessary or convenient to be done in performing its functions. (2) Without limiting subsection (1), the commission has the powers given to it under this Act or another Act. 13 Ministerial directions (1) The Minister may give the commission 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 commission a direction about any of the following— (a) a decision of the commission that is an original decision; (b) a decision of the commission made under the rules of racing for a code of racing; (c) a decision mentioned in section 240(2); (d) a matter for which the commission is conducting an audit or investigation. (3) The commission must comply with a direction given under subsection (1). (4) The commission— (a) must include in its annual report, prepared under the Financial Accountability Act 2009, section 63, details of any direction given by the Minister under subsection (1) during the financial year to which the report relates; and (b) may include in the report a comment about the effect on the commission's activities of complying with the direction. Part 3 Racing Integrity Commissioner and Deputy Racing Integrity Commissioners 14 Racing Integrity Commissioner (1) There is to be a Racing Integrity Commissioner (the commissioner). (2) The Governor in Council is to appoint the commissioner. (3) A person may be appointed as the commissioner for a term of not more than 3 years. (4) The commissioner may be reappointed. (5) The commissioner is to be paid the remuneration and allowances decided by the Governor in Council. (6) Subject to this Act, a person holds office as the commissioner on the conditions decided by the Governor in Council. (7) The commissioner must be appointed under this Act and not under the Public Sector Act 2022. 15 Deputy Racing Integrity Commissioners (1) There is to be 1 or 2 Deputy Racing Integrity Commissioners (each a deputy commissioner). (2) The Governor in Council is to appoint each deputy commissioner, including— (a) a deputy commissioner who is to be called the 1st deputy commissioner; and (b) if 2 deputy commissioners are to be appointed, a deputy commissioner who is to be called the 2nd deputy commissioner. (3) A person may be appointed as a deputy commissioner for a term of not more than 3 years. (4) A deputy commissioner may be reappointed. (5) A deputy commissioner is to be paid the remuneration and allowances decided by the Governor in Council. (6) Subject to this Act, a person holds office as a deputy commissioner on the conditions decided by the Governor in Council. (7) A deputy commissioner must be appointed under this Act and not under the Public Sector Act 2022. 16 Persons eligible to be commissioner or deputy commissioner A person is eligible to be the commissioner or a deputy commissioner if the person— (a) is an eligible individual within the meaning of the Racing Act; and (b) is not, and has not been in the previous 2 years, a member or employee of a control body; and (c) is not, and has not been in the previous 2 years, an executive officer of a corporation that is an approved control body. 17 Functions of commissioner (1) The main functions of the commissioner are— (a) to ensure the effective and efficient administration and operation of the commission and the performance of its functions; and (b) to manage the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022. (2) The commissioner's functions also include any other function given to the commissioner under this Act or another Act. 18 Functions of deputy commissioner (1) The main functions of a deputy commissioner are— (a) to assist the commissioner in ensuring the effective and efficient administration and operation of the commission and the performance of its functions; and (b) to assist the commissioner in managing the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022; and (c) for the 1st deputy commissioner—to act in the office of the commissioner if the commissioner is absent or for any other reason is unable to perform the functions of the office; and (d) for the 2nd deputy commissioner, if 2 deputy commissioners are appointed—to act in the office of the commissioner if the commissioner and 1st deputy commissioner are absent or for any other reason are unable to perform the functions of the office. (2) A deputy commissioner's functions also include any other function given to the deputy commissioner under this Act or another Act. 19 Powers of commissioner and deputy commissioner (1) The commissioner and a deputy commissioner have the powers necessary for performing the commissioner's or deputy commissioner's functions. (2) The commissioner and a deputy commissioner also have the other powers given to the commissioner and a deputy commissioner under this Act or another Act. (3) The commissioner may exercise the powers of the commission, and any other powers given to the commissioner, under this Act or another Act. 20 Vacancy in office (1) The office of the commissioner becomes vacant if the commissioner— (a) ceases to be eligible to be the commissioner under section 16; or (b) resigns under section 21; or (c) is removed from office under section 22. (2) The office of a deputy commissioner becomes vacant if the deputy commissioner— (a) ceases to be eligible to be a deputy commissioner under section 16; or (b) resigns under section 21; or (c) is removed from office under section 22. 21 Resignation (1) The commissioner or a deputy commissioner may resign the commissioner's or deputy commissioner's office by giving the Minister a signed letter of resignation. (2) The resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day. 22 Removal or suspension The Governor in Council may remove or suspend a person from office as the commissioner or as a deputy commissioner if the person— (a) becomes incapable of performing the functions of the commissioner or deputy commissioner because of mental or physical incapacity; or (b) has performed the duties of the commissioner or deputy commissioner carelessly, incompetently or inefficiently; or (c) has engaged in dishonourable conduct; or (d) has been found guilty of an offence the Governor in Council considers make the person inappropriate to perform the functions of the commissioner or deputy commissioner. 23 Acting commissioner (1) This section applies if— (a) there is a vacancy in the office of commissioner or the commissioner is absent or for any other reason is unable to perform the functions of the office; and (b) there is not a deputy commissioner who is able to perform the functions of the commissioner's office. (2) The Minister may appoint a person to act as commissioner for a period of not more than 3 months. (3) However, the Minister may extend the appointment for a further 3 months. (4) A person appointed to act as commissioner— (a) has all the functions and powers of the commissioner; and (b) is taken to be the commissioner for all purposes relating to this Act. 24 Acting deputy commissioner (1) This section applies if there is a vacancy in the office of a deputy commissioner or a deputy commissioner is absent or for any other reason is unable to perform the functions of the office. (2) The Minister may appoint a person to act as a deputy commissioner for a period of not more than 3 months. (3) However, the Minister may extend the appointment for a further 3 months. (4) A person appointed to act as a deputy commissioner— (a) has all the functions and powers of a deputy commissioner; and (b) is taken to be a deputy commissioner for all purposes relating to this Act. 25 Preservation of rights of commissioner and deputy commissioner (1) This section applies if a person who is a public service officer is appointed as the commissioner or as a deputy commissioner. (2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner or as a deputy commissioner were a continuation of service as a public service officer. (3) At the end of a person's term of office or resignation as the commissioner or as a deputy commissioner, the person's service as the commissioner or as a deputy commissioner is taken to be service of a like nature in the public service for deciding the person's rights as a public service officer. 26 Delegations (1) The commissioner may delegate any of the commissioner's functions under this Act or another Act to a deputy commissioner. (2) The commissioner may delegate any of the commissioner's functions under this Act or another Act, other than section 36, 37, 38 or 40, to an appropriately qualified person, including an employee of the commission or of a department. (3) A person delegated a function under subsection (2) may subdelegate the function to an appropriately qualified person. (4) In this section— function includes power. Part 4 Commission's role in assessing approval applications 27 Assessment of approval applications (1) The commission must assess an approval application referred under the Racing Act, section 48(1)(b), to the commission. (2) The commission must prepare and give to the Minister a report relating to the approval application that includes the following matters— (a) whether the commission is reasonably satisfied the applicant for the approval application is suitable to be an approved control body; (b) whether the commission is reasonably satisfied the commission can adequately regulate the activities relating to the proposed code of racing for the approval application, including licensing participants and appointing stewards to be in charge of race meetings for the code; (c) whether the commission is reasonably satisfied the commission can license persons who would become racing bookmakers for the proposed code of racing; (d) whether the applicant's draft strategic plan and operation plan that, under the Racing Act, section 46, accompanied the approval application have satisfied all relevant operational and integrity matters associated with the applicant becoming an approved control body; (e) any submissions given to the commission under the Racing Act, section 50(1) about the approval application, and the commission's assessment of and response to the submissions; (f) any other matter relating to the approval application that, in the commission's opinion, may impact on the applicant's suitability as a control body. (3) If the commission is given a submission about the approval application as mentioned in subsection (2)(e), the commission must give the chief executive (racing) a copy of it. 28 Assessment if 2 or more approval applications (1) This section applies if— (a) there are 2 or more approval applications for approval as the control body for a code of racing; and (b) the chief executive (racing) calls a meeting of the approval applicants under the Racing Act, section 52(1); and (c) there is no mediated agreement supported by all of the approval applicants. (2) The commission must prepare and give to the Minister a single report relating to each of the approval applications that includes the following matters— (a) the matters mentioned in section 27 for each approval application; (b) an assessment about the merits of each approval application compared to the other approval applications; (c) the commission's recommendation about which approval applicant is best qualified and most suitable to be the control body for the code of racing, having regard to the matters mentioned in section 29. 29 Assessing applicants for approval applications (1) This section applies to the commission in assessing an approval application as mentioned in section 27. (2) The commission must decide whether the applicant for the approval application is suitable to be approved as the control body for the proposed code of racing. (3) For subsection (2), the commission must have regard to and, if necessary, investigate— (a) the approval application, matters accompanying or included in the approval application as mentioned in the Racing Act, section 46, and evidence given by the approval applicant in support of the application about the matters mentioned in section 47 of that Act; and (b) the suitability of every business associate and executive associate of the applicant to be associated with the applicant as a control body; and (c) if the approval applicant has a business association with another entity—the entity's character or business reputation. (4) In deciding about the suitability of a business associate or executive associate of the applicant, the commission must have regard to and, if necessary, investigate— (a) the associate's character or business reputation; and (b) if the associate has a business association with another entity—the entity's character or business reputation. 30 Commission may require further information or documents (1) For an investigation under section 29 relating to an approval application, the commission may, by notice given to the applicant for the approval application, require the applicant to give the commission further information or a document relating to any of the following within the reasonable period stated in the notice— (a) the approval application; (b) the applicant; (c) a business associate or executive associate of the applicant; (d) an entity with which the applicant has a business association. (2) For an investigation under section 29 relating to a business associate or executive associate of an applicant, the commission may, by notice given to the associate and a copy of the notice given to the applicant, require the associate to give the commission information or a document relating to the following within the reasonable period stated in the notice— (a) the association with the applicant; (b) an entity with which the associate has a business association. (3) When making the requirement, the commission must warn the applicant and associate that the approval application will not be considered further until the requirement is complied with. Part 5 Audits and investigations Division 1 Commission's powers for investigations 31 Investigations into suitability of a control body The commission may investigate a control body to find out whether it is suitable under this Act to continue to manage its code of racing. 32 Investigation into suitability of associate of control body The commission may investigate a control body associate to decide whether the associate is a suitable person to be, or to continue to be, associated with the control body's operations. 33 Requirement to give information or document for investigation (1) In investigating a control body or a control body associate, the commission may, by notice given to the control body or the associate, require the control body or associate to give the commission information or a document the commission reasonably believes relevant to the investigation. (2) The notice must include— (a) the reasonable period within which the control body or control body associate must comply with the requirement; and (b) a warning that it is an offence to fail to comply with the requirement, unless the control body or associate has a reasonable excuse. (3) If the requirement is made of a control body associate, the commission must give a copy of the notice to the control body. 34 Failure to give information or document for investigation (1) A person to whom a notice is given under section 33(1) must comply with the requirement in the notice within the period stated in the notice, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (2) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person. (3) The person does not commit an offence against this section if the information or document sought by the commission is not in fact relevant to the investigation. 35 Criminal history report for investigation (1) If the commission, in investigating a person under section 31 or 32, asks the police commissioner for a written report on the person's criminal history, the police commissioner must give the report to the commission. (2) The report is to contain— (a) the person's criminal history; and (b) a brief description of the circumstances of a conviction mentioned in the person's criminal history. (3) However, the duty imposed on the police commissioner applies only to information in the police commissioner's possession or to which the police commissioner has access. Division 2 Commissioner's powers for audits and investigations 36 Powers for audits and investigations (1) If the commission is conducting an audit or investigation, the commissioner may— (a) act in the absence of a person who has been given reasonable notice of the audit or investigation; and (b) receive evidence on oath or affirmation or by statutory declaration; and (c) disregard a minor defect, error, omission or insufficiency in a document. (2) The commissioner may administer an oath or affirmation to a person appearing as a witness before the commissioner. 37 Power to require attendance and giving of evidence (1) If the commissioner reasonably believes a person has information relevant to an audit or investigation, the commissioner may, by notice given to the person, require the person to attend before the commissioner to answer questions relevant to the audit or investigation. (2) The notice must state— (a) the place at which the person must attend; and (b) a reasonable time at which, or a reasonable period for which, the person must attend. (3) The notice may require the person to give evidence on oath or affirmation. 38 Power to require information, document or thing (1) If the commissioner reasonably believes a person has information or a document or thing relevant to an audit or investigation, the commissioner may, by notice given to the person, require the person to— (a) give the information to the commissioner in writing signed by the person or, in the case of a corporation, by an officer of the corporation; or (b) produce the document or thing to the commissioner. (2) The notice must state— (a) the place at which the information, document or thing must be given or produced to the commissioner; and (b) a reasonable time at which, or a reasonable period within which, the information, document or thing must be given or produced. 39 Offences relating to audits and investigations (1) A person who is given a notice under section 37 or 38 must not, without reasonable excuse— (a) fail to attend as required by the notice; or (b) fail to continue to attend as required by the commissioner until excused from further attendance; or (c) fail to produce a document or thing the person is required to produce by the notice. Maximum penalty—100 penalty units. (2) A person who is given a notice under section 37 to attend an audit or investigation must not improperly influence, or attempt to improperly influence, someone else who the person knows has been given a notice under section 37 to attend the same audit or investigation. Maximum penalty—100 penalty units. (3) A person appearing as a witness at an audit or investigation must not, without reasonable excuse— (a) fail to take an oath or make an affirmation when required by the commissioner; or (b) fail to answer a question the person is required to answer by the commissioner. Maximum penalty—100 penalty units. (4) A person appearing as a witness at an audit or investigation must not give the commissioner information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. (5) A person who is given a notice under section 38 must not give the commissioner information, or a document containing information, the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. (6) Subsection (4) or (5) does not apply to a person who, when giving a document— (a) tells the commissioner, to the best of the person's ability, how the information is false or misleading; and (b) if the person has, or can reasonably get, the correct information—gives the correct information to the commissioner. 40 Power to refuse to investigate complaint (1) This section applies if a person makes a complaint to the commission about a matter relevant to a code of racing. (2) The commissioner may refuse to investigate the complaint or, having started to investigate the complaint, may refuse to continue the investigation if— (a) the matter is being investigated by another entity; or (b) the commissioner is reasonably satisfied— (i) it is appropriate for another entity to investigate the matter; or (ii) the complaint is about a frivolous matter or was made vexatiously. (3) If the commissioner refuses to investigate or continue to investigate a complaint under subsection (2), the commissioner must prepare a report stating— (a) the reasons the commissioner refused to investigate or to continue to investigate the complaint; and (b) whether the commissioner is likely to investigate or continue to investigate the complaint in the future; and (c) any other matter the commissioner considers reasonable to include in the report. (4) The commissioner must give a copy of the report to the Minister. Part 6 Reporting and accountability Division 1 Reporting generally 41 Quarterly reports (1) The commission must give the Minister a report on its operations for each quarter in a financial year. (2) A quarterly report must be given to the Minister— (a) within 6 weeks after the end of the quarter; or (b) if another period after the end of the quarter is agreed between the commission and the Minister—within the agreed period. (3) A quarterly report must contain the information required to be given in the report under the commission's operational plan. (4) In this section— quarter, in a financial year, means the following periods in the year— (a) 1 July to 30 September; (b) 1 October to 31 December; (c) 1 January to 31 March; (d) 1 April to 30 June. 42 Commission to keep Minister informed The commission must— (a) keep the Minister reasonably informed of its operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and (b) immediately inform the Minister of any matters that arise that, in the commission's opinion, may— (i) prevent, or significantly affect, achievement of the objectives in its strategic and operational plans; or (ii) significantly impact on public confidence in the integrity of the Queensland racing industry. 43 Reporting to department (1) The Minister may act under this section for the purpose of monitoring, assessing or reporting on the commission's performance of its functions. (2) The Minister may require the commission to report to the department by, for example, giving stated information at stated times to the chief executive. (3) The commission must comply with the requirement. 44 Other reporting requirements Sections 42 and 43 do not limit the matters of which the commission is required to keep the Minister informed, or limit the reports or information that the commission is required, or may be required, to give under another Act. Division 2 Annual reports 45 Annual report (1) The annual report for a financial year must contain details of the operations of the commission during the financial year. (2) Without limiting subsection (1), the annual report must contain the following— (a) a review of the work undertaken by the commission during the financial year; and (b) proposals, if any, for improving the operations of the commission; and (c) a forecast of the work of the commission for the following financial year. (3) In this section— annual report means the commission's annual report under the Financial Accountability Act 2009. Division 3 Strategic and operational plans 46 Interaction with the Financial Accountability Act 2009 (1) If something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009, compliance with this division is sufficient compliance with the Financial Accountability Act 2009. (2) Otherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009. (3) If there is an inconsistency between this division and the Financial Accountability Act 2009, this division prevails to the extent of the inconsistency. 47 Draft strategic and operational plans (1) Before 31 March each year, the commission must prepare, and give to the Minister, a draft strategic plan and a draft operational plan for the next financial year. (2) The commission and the Minister must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year. 48 Procedures (1) The Minister may return the draft strategic or operational plan to the commission and ask the commission— (a) to consider, or further consider, a stated thing and deal with the thing in the draft plan; and (b) to revise the draft plan in the light of its consideration or further consideration. (2) The commission must comply with the request as a matter of urgency. (3) If the draft plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the commission— (a) to take stated steps in relation to the draft plan; or (b) to make stated modifications of the draft plan. (4) The commission must immediately comply with the direction and include a copy of the direction in the plan. 49 Strategic or operational plan pending agreement (1) This section applies if the Minister and the commission have not agreed to the draft strategic or operational plan before the start of the relevant financial year. (2) The draft plan given, or last given, by the commission to the Minister before the start of the financial year, with any modifications made by the commission, whether before or after that time, at the direction of the Minister, is taken to be the commission's strategic or operational plan. (3) Subsection (2) applies until a draft strategic or operational plan becomes the commission's strategic or operational plan under section 50. 50 Strategic or operational plan on agreement When the draft strategic or operational plan has been agreed to in writing by the Minister, it becomes the commission's strategic or operational plan for the relevant financial year. 51 Compliance with strategic and operational plans The commission must comply with its strategic and operational plans for a financial year. 52 Modifications of strategic or operational plan (1) The commission may modify its strategic or operational plan only with the written agreement of the Minister. (2) The Minister may, by written notice, direct the commission to modify its strategic or operational plan. 53 Content of strategic and operational plans (1) The commission's strategic plan for a financial year must include the matters prescribed by regulation. (2) The commission's operational plan for a financial year must include the matters prescribed by regulation. Part 6A Information sharing 53A Exchange of information (1) The commission may enter into an arrangement (an information-sharing arrangement) with a relevant agency for the purposes of sharing or exchanging information— (a) held by the commission or the relevant agency; or (b) to which the commission or the relevant agency has access. (2) An information-sharing arrangement may relate only to information that assists— (a) the commission perform the commission's functions under this Act; or (b) the relevant agency perform its functions. (3) Under an information-sharing arrangement, the commission and the relevant agency are, despite another Act or law, authorised to— (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and (b) disclose information to the other party. (4) The commission may use criminal intelligence given to the commission by the police commissioner under an information-sharing arrangement only for monitoring compliance with this Act. (5) In this section— information does not include information given to the commission or a relevant agency, or to which the commission or relevant agency has access, under the Crime and Corruption Act 2001. relevant agency means the following— (a) the police commissioner; (b) the chief executive of a department; (c) a local government; (d) a person prescribed by regulation. Part 7 Administration 54 Funding (1) The cost of the performance of the commission's functions is to be funded mainly by the control bodies. (2) The chief executive must— (a) decide the amount a control body must pay from time to time towards the cost of the performance of the commission's functions; and (b) give the control body an invoice for the amount. (3) The amount of the invoice is payable 28 days after the control body receives the invoice. 55 Recovery of unpaid amounts If a control body does not pay an amount payable under section 54(3), the State may recover the amount from the control body as a debt. 56 Commission may charge fees for its services (1) The commission may charge fees for services it provides as part of the performance of its functions. (2) A fee charged by the commission for its service, including matters relating to licensing, must reflect the reasonable cost to the commission of providing the service. (3) Despite subsection (1), the commission must not charge a fee for a service provided under this Act or the Racing Act to the Minister or the chief executive. Chapter 3 Commission's functions in relation to codes of racing Part 1 Preliminary 57 Purpose of chapter (1) The main purpose of this chapter is to provide for the way the commission may perform its functions in relation to each code of racing. (2) Generally, the commission performs its functions by making standards for each code of racing, particularly about the licensing scheme for controlling activities relating to animals and participants and about the way in which races are to be held for the code of racing. (3) The standards ensure there is guidance for persons involved in the code of racing and transparent decision-making relating to matters dealt with by the standards. Part 2 Standards Division 1 General provisions about standards 58 Standards for codes of racing (1) The commission may make a standard for a code of racing if— (a) the standard is required under this Act or a Ministerial direction; or (b) the commission reasonably believes it is good management to have the standard. (2) A regulation may prescribe that the commission must make a standard for a particular matter and the provisions to be included in the standard for the matter. 59 Form of standards (1) A standard must state the following— (a) its name; (b) the day the commission made the standard; (c) the day it takes effect; (d) its purpose; (e) who will be affected by it; (f) how the commission will make decisions about matters provided for by the standard; (g) whether the standard will provide for matters about rules of racing. (2) The commission makes a standard when the standard is approved by the commissioner. (3) A standard can not take effect on a day earlier than the day the commissioner approves the standard. (4) If the commission wishes to amend a standard, it must make a new standard. 60 Availability of standards (1) The commission must ensure each standard is publicly available. (2) Without limiting subsection (1), the commission must, for each of the standards— (a) give a copy of the standard to the chief executive and each control body within 14 days after it makes the standard; and (b) make the standard available for inspection, free of charge, at its business address during its ordinary office hours and on its website; and (c) if a person asks for a copy of the standard, give the person a copy on payment of a fee that is no more than the reasonable cost of providing the copy. 61 Application of standards To remove any doubt, it is declared that a standard may apply to an animal, club, participant or venue even though it was not licensed when the standard was made. 62 Standards are statutory instruments A standard is a statutory instrument. Division 2 Standards for licensing schemes 63 Purposes of licensing schemes The purposes of the licensing scheme for a code of racing are to ensure— (a) the integrity of racing activities conducted as part of the code; and (b) the safety of persons involved in racing or training licensed animals; and (c) the welfare of licensed animals while involved in racing or training, or activities associated with racing or training; and (d) the responsible breeding of horses for racing. 64 Standards for licensing schemes for codes of racing (1) The commission must make a standard for a licensing scheme for each code of racing. (2) In developing the standard for a licensing scheme for a code of racing, the commission must consider the privileges and duties that are to attach to a licence it issues and other matters relevant to an effective licensing scheme. 65 Standards for a licensing scheme—mandatory matters (1) The standard for a licensing scheme must provide for all of the following matters— (a) the licences the commission may issue for each code of racing, including identifying the activities for which a licence is required; (b) the way a person may apply for a licence, having regard to section 67; (c) the criteria for each type of licence, including appropriate qualifications for, and disqualifications from, obtaining the licence; (d) the way the commission will deal with an application for a licence, including the applicant's right to make further submissions relating to the application; (e) the grant, issue and form of a licence, including, for example, whether the licence is to include a photograph of the licensee; (f) the giving of an information notice about a decision relating to an application; (g) the duration of a licence, its renewal and the procedure for surrendering it; (h) how and when the suitability of licensed animals and participants will be audited to decide if a licensed animal or participant continues to be suitable to be licensed; (i) the grounds for taking disciplinary action relating to a licence— (i) for matters dealt with in the rules of racing for the code of racing for which the licence is issued; or (ii) in the circumstance mentioned in subsection (2) for the licence; (j) when and how a licence may be immediately suspended to protect the safety of persons or welfare of animals; (k) how disciplinary action relating to a licence, other than immediate suspension, must be taken, including the following— (i) the procedure for giving a licence holder notice of the grounds for taking the disciplinary action; (ii) the proposed disciplinary action; (iii) the way the licence holder may make submissions about the proposed disciplinary action; (l) keeping a register of licences and correcting the register; (m) exhibiting and producing a licence; (n) replacing a lost licence; (o) requiring a licence holder to give the commission notice of— (i) a change of address; or (ii) a change to the place for the keeping of a licensed animal; or (iii) if the licence holder is a corporation—a change to the corporation's executive officers; (p) serving notices on licence holders; (q) the fees payable to the commission, including fees payable in relation to licensing for each code of racing. (2) The standard for a licensing scheme must also provide that, after auditing a licensed animal or participant, if the commission is not satisfied it is suitable to continue to be licensed, the commission must take disciplinary action relating to the licence. (3) This section does not limit section 64. 66 Standards for a licensing scheme—discretionary matters (1) The standard for a licensing scheme may provide for the following matters— (a) whether an applicant for a licence is required to give notice about the application by advertisement in a newspaper, in another publication or by a sign placed on land, because of the particular nature of the licence; (b) whether there is provision for provisional or temporary licences; (c) the attaching of conditions to the grant of a licence, including, for example, that the licence may allow access to the licence holder's place of business or where a licensed animal is kept. (2) The standard for a licensing scheme may also provide for matters relating to an offcourse approval held by a racing bookmaker that are relevant to an effective licensing scheme. (3) This section does not limit section 64. 67 Application for licence (1) The standard for a licensing scheme must require a person who wishes to obtain a licence for an animal or participant (the proposed licensee) to apply for the licence in the approved form. (2) To the extent it is relevant to the application for the licence, the application must include all of the following— (a) the type of licence applied for; (b) the type of work or activity to be performed by the proposed licensee; (c) particulars of the proposed licensee; (d) if the proposed licensee is an individual—appropriate training courses completed, or appropriate experience obtained, by the proposed licensee. (3) The standard for a licensing scheme may require an application for a licence to be accompanied by a copy of a national police certificate for— (a) if the applicant is an individual—the individual; or (b) if the applicant is a corporation—each executive officer of the corporation. (4) If a national police certificate is required under subsection (3), the commission may consider all convictions stated in the national police certificate as relevant to the application for the licence. (5) In this section— national police certificate means a document known as a national police certificate and available from the police commissioner. 68 Licences may not be transferred The standard for a licensing scheme must not allow a person who is licensed to transfer the licence to another person. Division 3 Other matters about policies 69 Same animal or participant may be licensed for multiple codes of racing This Act does not prevent an animal or participant licensed for a code of racing being licensed for another code of racing. Chapter 4 Racing bookmakers Part 1 Requirements for racing bookmakers' licences and for related matters 70 Requirement to hold racing bookmaker's licence or approval (1) A person must not carry on bookmaking for a code of racing at any time at a licensed venue unless— (a) the person is a racing bookmaker for the code of racing; and (b) the control body for the code of racing is managing the venue at the time; and (c) the commission is exercising control at the venue at the time. Maximum penalty—600 penalty units. (2) A person must not carry on bookmaking at a place unless— (a) the person is a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place; and (b) the place is an approved place for the offcourse approval. Maximum penalty—600 penalty units. (3) A racing bookmaker for a code of racing who is an individual must, unless the individual has a reasonable excuse, have the individual's licence with the individual at all times the individual is carrying on bookmaking at a licensed venue when— (a) the control body for the code of racing is managing the venue; and (b) the commission is exercising control at the venue. Maximum penalty—40 penalty units. (4) A racing bookmaker who is an individual and holds an offcourse approval for carrying on bookmaking at an approved place must have the individual's approval with the individual at all times the individual is carrying on bookmaking at the approved place, unless the individual has a reasonable excuse. Maximum penalty—40 penalty units. (5) A licensed executive officer of a corporation that is a racing bookmaker for a code of racing must, unless the officer has a reasonable excuse, have the corporation's licence, or a certified copy of the corporation's licence, with the officer at all times the officer is carrying on bookmaking for the corporation at a licensed venue when— (a) the control body for the code of racing is managing the venue; and (b) the commission is exercising control at the venue. Maximum penalty—40 penalty units. (6) A licensed executive officer of a corporation that is a racing bookmaker and holds an offcourse approval for carrying on bookmaking at an approved place must have the corporation's approval, or a certified copy of the corporation's approval, with the officer at all times the officer is carrying on bookmaking for the corporation at the approved place, unless the officer has a reasonable excuse. Maximum penalty—40 penalty units. 71 Requirement for racing bookmaker to hire licensed clerk (1) A racing bookmaker for a code of racing must not, at a licensed venue, employ someone else in the conduct of the racing bookmaker's business unless— (a) the other person is a racing bookmaker's clerk; and (b) the control body for the code of racing is managing the venue at the time; and (c) the commission is exercising control at the venue at the time. Maximum penalty—200 penalty units. (2) A racing bookmaker for a code of racing who holds an offcourse approval for carrying on bookmaking at an approved place must not, at the approved place, employ someone else in the conduct of the racing bookmaker's business unless the other person is a racing bookmaker's clerk for that code of racing. Maximum penalty—200 penalty units. (3) A racing bookmaker that is a corporation does not commit an offence against subsection (1) or (2) merely because a licensed executive officer of the corporation carries on bookmaking for the corporation. 72 Requirement to hold licence as racing bookmaker's clerk (1) A person must not be employed by a racing bookmaker for a code of racing at a licensed venue in the conduct of the racing bookmaker's business unless the person— (a) is a racing bookmaker's clerk for the code of racing; or (b) if the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation. Maximum penalty—200 penalty units. (2) A person must not be employed by a bookmaker for a code of racing who holds an offcourse approval for carrying on bookmaking at an approved place in the conduct of the racing bookmaker's business unless the person— (a) is a racing bookmaker's clerk for the code of racing; or (b) if the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation. Maximum penalty—200 penalty units. (3) A racing bookmaker's clerk at a licensed venue must have the person's licence with the person at all times the person is employed by a racing bookmaker in the conduct of the racing bookmaker's business at the licensed venue, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (4) Subsection (5) applies in relation to a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place. (5) A person who is a racing bookmaker's clerk at the approved place must have the person's licence with the person at all times the person is employed by the racing bookmaker in the conduct of the racing bookmaker's business at the approved place, unless the person has a reasonable excuse. Maximum penalty for subsection (5)—40 penalty units. 73 Requirement to produce licence or approval (1) A racing bookmaker who is an individual and who is, or appears to be, carrying on bookmaking at a licensed venue must produce the person's licence to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (2) Subsection (3) applies to a racing bookmaker who— (a) is an individual; and (b) holds an offcourse approval for carrying on bookmaking at an approved place; and (c) is, or appears to be, carrying on bookmaking at the approved place. (3) The racing bookmaker must produce the person's offcourse approval to an official of the commission if asked to do so by the official, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (4) A licensed executive officer of a corporation that is a racing bookmaker and who is, or appears to be, carrying on bookmaking for the corporation at a licensed venue must produce the corporation's licence, or a certified copy of the corporation's licence, to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the officer has a reasonable excuse. Maximum penalty—40 penalty units. (5) Subsection (6) applies to a licensed executive officer of a corporation that is a racing bookmaker and holds an offcourse approval for carrying on bookmaking at an approved place and who is, or appears to be, carrying on bookmaking for the corporation at the approved place. (6) The executive officer must produce the corporation's approval, or a certified copy of the corporation's approval, to an official of the commission if asked to do so by the official, unless the officer has a reasonable excuse. Maximum penalty—40 penalty units. (7) A racing bookmaker's clerk who is, or appears to be, employed in the conduct of a racing bookmaker's business at a licensed venue must produce the person's licence to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (8) Subsection (9) applies in relation to a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place. (9) A racing bookmaker's clerk who is, or appears to be, employed in the conduct of the racing bookmaker's business at the approved place must produce the person's licence to an official of the commission if asked to do so by the official, unless the person has a reasonable excuse. Maximum penalty for subsection (9)—40 penalty units. 74 Requirement for commission to ensure particular persons have current licences The commission must ensure that, unless a person has a current appropriate licence with the person at the time, the person is not permitted, at any time, to carry on bookmaking for a code of racing, or to be employed by a racing bookmaker for a code of racing in the conduct of a racing bookmaker's business, at a race meeting held at a licensed venue when— (a) the control body for the code of racing is managing the venue; and (b) the commission is exercising control at the venue. 75 Unlawful bookmaking by racing bookmaker (1) A racing bookmaker for a code of racing must not carry on bookmaking at a place unless— (a) when the racing bookmaker carries on the bookmaking, the place is a licensed venue managed by the control body for the code of racing and at which the commission is exercising control; and (b) at the place when the racing bookmaker is carrying on bookmaking— (i) a race meeting is being held under this Act; and (ii) betting with racing bookmakers may take place, under a direction given by the steward who is in charge of the race meeting. Maximum penalty—600 penalty units or 2 years imprisonment. (2) However, a racing bookmaker does not commit an offence against subsection (1) if— (a) the racing bookmaker holds an offcourse approval for carrying on bookmaking at an approved place; and (b) the place where the racing bookmaker carries on bookmaking is an approved place for the offcourse approval; and (c) the bookmaking is carried on at the place at a time permitted under the offcourse approval. 76 Requirements for betting by racing bookmakers (1) This section applies to a racing bookmaker at a race meeting held at a licensed venue (the first venue) when— (a) a control body (the first control body) is managing the venue; and (b) the commission is exercising control at the venue. (2) The racing bookmaker must not make a bet on a contest, contingency or event other than— (a) a race to be decided at the first venue; or (b) a race to be decided at another race meeting at another licensed venue managed by a control body and at which the commission is exercising control; or (c) a sporting contingency declared, under section 141, by the first control body as a declared sporting contingency; or (d) a contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the first control body has entered into an arrangement as mentioned in the Racing Act, section 82(2)(k) and at which the commission is exercising control. Maximum penalty—400 penalty units. (3) Subject to section 135, the racing bookmaker must not make a bet with a person who is not present at the first venue at the time the bet is made. Maximum penalty—400 penalty units. 77 Special requirements for betting by racing bookmaker who holds offcourse approval A racing bookmaker for a code of racing who holds an offcourse approval must not make a bet on a contest, contingency or event other than— (a) a race to be decided at a race meeting at a licensed venue managed by the control body for the code of racing and at which the commission is exercising control; or (b) a sporting contingency declared, under section 141, by the control body for that code of racing as a declared sporting contingency; or (c) a contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the control body for the code of racing has entered into an arrangement as mentioned in the Racing Act, section 82(2)(k) and at which the commission is exercising control. Maximum penalty—400 penalty units. Part 2 Licensing of persons as racing bookmakers Division 1 Applications for racing bookmaker's licences 78 Applications An application for a racing bookmaker's licence may be made only by an adult or a corporation. 79 Requirements about applications (1) An application for a racing bookmaker's licence must be made to the commission in the approved form. (2) The application must be accompanied by— (a) the application fee prescribed by regulation; and (b) if the applicant is an individual—a consent, in the approved form, signed by the individual for each of the following— (i) information about the individual to be obtained by the commission; (ii) the individual's background to be investigated by the commission; and (c) if the applicant is a corporation—a consent, in the approved form, signed by each person the applicant considers is a business associate or an executive associate of the corporation for each of the following— (i) information about the associate to be obtained by the commission; (ii) the associate's background to be investigated by the commission; and (d) if the applicant is a corporation—the corporation's agreement to obtain a consent of the type mentioned in paragraph (c) for a person whom the commission reasonably believes to be a business associate or an executive associate of the corporation but whose consent does not accompany the application. 80 Further information or documents to support application (1) The commission may, by notice given to the applicant, require the applicant to give the commission, within the reasonable period of at least 28 days stated in the notice, further information or a document the commission reasonably requires to decide the application. (2) When making the requirement, the commission must warn the applicant that the application will not be considered further until the requirement is complied with, unless the person has a reasonable excuse for the failure to comply. Division 2 Suitability of applicants and associates 81 Suitability of applicants for racing bookmaker's licence (1) This section applies to the commission in deciding whether an applicant for a racing bookmaker's licence is a suitable person to hold a racing bookmaker's licence. (2) The commission may have regard to all of the following matters— (a) the applicant's character or business reputation; (b) the applicant's current financial position and financial background; (c) if the applicant has a business association with another entity— (i) the other entity's character or business reputation; and (ii) the other entity's current financial