Tasmania: Racing Regulation and Integrity Act 2024 (Tas)

Racing Regulation and Integrity Act 2024 An Act to provide for the regulation of thoroughbred, harness and greyhound racing, to ensure the integrity of persons involved in such racing, to safeguard the welfare of animals, and for related purposes [Royal Assent 2 October 2024] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Racing Regulation and Integrity Act 2024 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation In this Act, unless the contrary intention appears – accept a bet includes negotiate a bet; act includes omission; Advisory Committee means the Integrity and Animal Welfare Advisory Committee established by section 55 ; annual integrity plan means a plan prepared by Tasracing under section 61(1) ; appeal means an appeal to the TRAB; approved sports event means an approved sports event within the meaning of the Gaming Control Act 1993 ; Australian Rules of Racing means the national Rules of Racing for a code of racing, as promulgated by the code's peak national body; authorised betting has the meaning referred to in section 167 ; betting means betting on – (a) contingencies relating to horse races or greyhound races; or (b) contingencies relating to approved sports events; betting-only meeting means a meeting of a registered club (held under the authority of Tasracing on a racecourse) at which no racing takes place but during which the club may conduct totalizator betting or allow lawful bookmaking to be carried on; betting ticket means a ticket issued by or on behalf of a bookmaker in evidence of a bet accepted by that bookmaker; Board means the board of directors of Tasracing referred to in section 14 of the Racing (Tasracing Pty Ltd) Act 2009 ; bookmaker means a person who is engaging in bookmaking, whether as a registered bookmaker or registered bookmaker's agent; bookmaker's agent means a person who independently accepts bets for or on behalf of a bookmaker but does not mean a person who, by virtue of the person's employment and under direction, merely assists a bookmaker or bookmaker's agent to engage in bookmaking; bookmaking – see section 131 ; Chief Racing Integrity Officer means the person appointed as the Chief Racing Integrity Officer under section 67 ; club committee means the committee or other governing body of a registered club; code of racing means, according to the context – (a) thoroughbred racing; or (b) harness racing; or (c) greyhound racing; Commissioner means the person appointed as the Tasmanian Racing Integrity Commissioner under section 7 ; control includes supervision; controlling club, in relation to a racecourse, means the registered club for the time being in control of that racecourse; counsel means an Australian legal practitioner; direct means direct in writing; financial year means – (a) in the case of a club, the financial year used by the club; or (b) in any other case, the 12-month period ending on 30 June in any year; functions includes duties and responsibilities; greyhound means a greyhound dog bred for the purposes of racing; greyhound race means a race between greyhound dogs in pursuit of a mechanical lure; horse means a thoroughbred horse, or a standardbred horse, bred for the purposes of racing; issue, in relation to a betting ticket, includes deliver; made, in relation to any Rules of Racing, includes adopted; major appeal means an appeal under section 76 that is not a minor appeal; minor means a person who has not attained the age of 18 years; minor appeal means an appeal by a person under section 76 against a decision of the steward to impose either, or both, of the following: (a) a fine on the person not exceeding $2 000 or, if another amount is prescribed, the prescribed amount; (b) a suspension on the person, or on a horse or greyhound owned, leased or trained by the person, for a period not exceeding 30 days; notice means notice in writing; off-course function approval means an approval issued under section 155(4)(a) ; off-course function betting means betting with a registered bookmaker at a function to which relates an off-course function approval issued to the bookmaker; off-course function betting endorsement means an off-course function betting endorsement that is endorsed under section 149(9)(b) on a bookmaker's certificate of registration and that is in force; off-course telephone betting means betting by telephone with a registered bookmaker who is at the premises specified, in accordance with section 150(1)(a) , in the bookmaker's off-course telephone betting endorsement; off-course telephone betting endorsement means an off-course telephone betting endorsement that is endorsed under section 149(9)(b) on a bookmaker's certificate of registration and that is in force; on-course telephone betting means betting by telephone with a registered bookmaker, or a bookmaker's agent, who is at a racecourse; on-course telephone betting endorsement means an on-course telephone betting endorsement that is endorsed under section 149(9)(b) on a bookmaker's certificate of registration and that is in force; premises includes a part of premises; principal means the person specified in the certificate of registration of a bookmaker's agent as the registered bookmaker for or on whose behalf the bookmaker's agent may engage in bookmaking; public place has the same meaning as in the Police Offences Act 1935 ; racecourse means the place where a race meeting or betting-only meeting is held; race field information publication approval means a race field information publication approval granted under section 128 ; race meeting has the meaning referred to in section 103 ; racing means horse racing or greyhound racing other than racing of that kind conducted exclusively for the purpose of training animals, drivers or riders; racing club means a club that is registered under section 108 ; racing industry association means a body prescribed in the regulations; Racing Integrity Committee means the committee established by section 57 ; racing official means a person holding an appointment under section 68 ; racing year means the 12-month period commencing on 1 July in any year; registered means registered under this Act; regulations means the regulations made and in force under this Act; respondent, in relation to an appeal to the TRAB, means the person or persons responsible for making the decision that is the subject of appeal; RSPCA means the Royal Society for the Prevention of Cruelty to Animals Tasmania Ltd (ACN 611 485 271); Rules of Racing means the Rules of Racing made and in force under this Act for a code of racing; Standards means Standards issued by the Commissioner under section 53 ; statutory rule means a statutory rule for the purposes of the Rules Publication Act 1953 ; steward means a person holding an appointment as a stipendiary steward under section 68 ; Tasmanian race field information means information that identifies, or is capable of identifying, the name or number of a horse or greyhound – (a) as a horse or greyhound that has been nominated for, or that will otherwise take part in, a race intended to be held at any race meeting in Tasmania; or (b) as a horse or greyhound that has been scratched or withdrawn from a race intended to be held at any race meeting in Tasmania; Tasracing means Tasracing Pty Ltd formed under section 5 of the Racing (Tasracing Pty Ltd) Act 2009 ; Tasracing Integrity Unit means the unit of Tasracing referred to in section 66 ; totalizator has the same meaning as in the Gaming Control Act 1993 ; TRAB means the Tasmanian Racing Appeal Board continued under section 71 ; unauthorised betting has the meaning referred to in section 167(3) ; wager has the same meaning as in the Gaming Control Act 1993 ; wagering operator means a person – (a) who – (i) is a bookmaker; or (ii) operates a totalizator; or (iii) operates a betting exchange, within the meaning of the Gaming Control Act 1993 ; or (iv) operates such other form of wagering as may be prescribed; and (b) who holds a licence or other authority (however described) that relates to wagering under the legislation of this State or any other State or a Territory or any country. 4. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. 5. Application of Act This Act does not apply to, limit or render unlawful – (a) the conduct of, or participation in, totalizator betting authorised under the Gaming Control Act 1993 ; or (b) the conduct of, or participation in, games, gaming or gaming activities authorised under the Gaming Control Act 1993 or TT-Line Gaming Act 1993 ; or (c) business, technical or promotional activities associated with the activities referred to in paragraphs (a) and (b) ; or (d) such other activities as may be prescribed. PART 2 - Tasmanian Racing Integrity Commissioner Division 1 - Preliminary 6. Interpretation of Part In this Part, unless the contrary intention appears – adverse finding means a finding of the Commissioner under section 27 , that is adverse to the interests of a person; inquiry means an inquiry held by the Commissioner under Division 4 ; private session means a private session held by the Commissioner under section 28 . Division 2 - Tasmanian Racing Integrity Commissioner 7. Tasmanian Racing Integrity Commissioner (1) The Governor, on the recommendation of the Minister, is to appoint a person as the Tasmanian Racing Integrity Commissioner. (2) The Governor may appoint a State Service officer or State Service employee to be Commissioner and that officer or employee may hold that office in conjunction with State Service employment. (3) A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of such House of Parliament, is disqualified from being appointed as Tasmanian Racing Integrity Commissioner and, if a person holding the office of Tasmanian Racing Integrity Commissioner becomes a candidate for election as such a member, that person vacates that office on becoming such a candidate. (4) For the purposes of subsection (3) , a person becomes a candidate for election as a member of a House of Parliament when nominated for that election in accordance with the law regulating the election. (5) Schedule 1 has effect in respect of the Commissioner and the Commissioner's appointment. 8. Staff and facilities (1) The Commissioner may arrange with the Head of a State Service Agency for the services of a State Service officer or State Service employee, or facilities and goods, of the Agency to be made available to the Commissioner to enable the Commissioner to perform the Commissioner's functions under this Act or any other Act. (2) Officers and employees made available under subsection (1) may serve the Commissioner in any capacity in conjunction with State Service employment. 9. Functions of Commissioner (1) The Commissioner has the following functions: (a) to oversee integrity in racing and the welfare of animals that are or have been involved in racing; (b) to monitor the administration and regulation of racing; (c) to research and investigate integrity in racing, animal welfare and related matters; (d) to advise the Minister on integrity in racing, animal welfare and related matters and make policy proposals for the development of racing; (e) to advise the Minister on the Rules of Racing; (f) to promote compliance with this Act and integrity in racing, and to promote animal welfare and prevent animal cruelty; (g) to liaise with authorities and persons responsible for integrity in racing, animal welfare and related matters in this State and, as appropriate, elsewhere; (h) to facilitate cooperation, in relation to animal welfare initiatives, between Tasracing, the department responsible for the administration of the Animal Welfare Act 1993 , the department responsible for the administration of the Biosecurity Act 2019 , and the RSPCA; (i) to review annual integrity plans for Tasracing; (j) to review proposals relating to new or amended Rules of Racing and give advice and make recommendations in relation to those rules; (k) to make best practice Standards that provide for any matter relating or incidental to the conduct of racing (including but not limited to integrity in the racing industry and animal welfare) and to monitor, review, and give advice and make recommendations in relation to the implementation of, and compliance with, those Standards; (l) to provide oversight over Tasracing's administration and regulation of the racing industry, including Tasracing's approval of registrations and granting of licences under the Rules of Racing, and its administration, registration and regulation of racing clubs; (m) to provide oversight over Tasracing's administration and registration of bookmakers and bookmakers' agents; (n) to give advice and make recommendations to Tasracing and others in relation to the training of people employed or otherwise engaged in the racing industry; (o) to conduct audits and reviews, and make recommendations, in relation to the functions, processes and systems of Tasracing and racing clubs, including in relation to integrity in racing, animal welfare, governance and finances; (p) to investigate allegations made and other matters relating to integrity in racing and animal welfare, including with respect to Tasracing and the performance and the exercise of its functions and powers; (q) to conduct own-motion investigations and inquiries, including into integrity in racing, animal welfare and systemic issues in racing; (r) to inquire into any matters referred to the Commissioner by the Minister or such matters as requested by Tasracing; (s) if appropriate, refer matters to a public authority, the Commissioner of Police, the DPP or any other person that the Commissioner considers appropriate; (t) to make such recommendations, following the investigation of any matter or an inquiry by the Commissioner, as the Commissioner considers appropriate; (u) such other functions as are prescribed. (2) The Commissioner has such other functions as are conferred or imposed on the Commissioner by or under this or any other Act. 10. General powers of Commissioner (1) The Commissioner has power to do such things (other than employ persons) as the Commissioner considers necessary or convenient for, or in connection with, the exercise or performance of any power or function conferred or imposed on the Commissioner by this or any other Act. (2) In exercising the Commissioner's powers under this Act, the Commissioner – (a) is to have regard to the Standards; and (b) may seek the advice of Tasracing or such other persons as the Commissioner thinks fit. (3) The following payments may be used for the purposes of the Commissioner: (a) payments received under this Act, for and on behalf of the Crown; (b) such other payments as the Minister may approve. 11. Performance and exercise of Commissioner's functions and powers generally Except as otherwise provided in this Act, the Commissioner is not subject to the direction or control of the Minister in respect of the performance or exercise of the functions or powers of the Commissioner. 12. Recommendations by Commissioner (1) The Commissioner may make such recommendations to such persons in relation to racing, including (but not limited to) integrity in racing and animal welfare, as the Commissioner considers appropriate. (2) If the Commissioner makes a recommendation under subsection (1) to Tasracing, the Commissioner may request Tasracing to notify the Commissioner, within a specified time, of – (a) the steps that have been, or are proposed to be, taken to give effect to the recommendation; or (b) if no such steps have been or are proposed to be taken, the reasons why they have not been taken or, as the case may be, are not proposed to be taken. 13. Compliance with direction of Commissioner (1) If Tasracing or a racing club fails to comply with a recommendation given to it by the Commissioner under this Act, the Commissioner may issue a direction to Tasracing or the racing club requiring compliance with the recommendation. (2) Before issuing a direction to Tasracing under subsection (1) , the Commissioner must consult with Tasracing in relation to the proposed direction. 14. Delegation The Commissioner may delegate any of the Commissioner's powers or functions under this Act other than this power of delegation. Division 3 - Investigations by Commissioner 15. Investigations The Commissioner may investigate any matter relating to racing including, but not limited to, matters relating to integrity in racing and animal welfare. 16. Refusal to conduct investigation (1) The Commissioner may decide not to conduct an investigation into a matter under this Division if the Commissioner considers that – (a) the subject matter of the investigation is frivolous, vexatious, lacking in substance or is not raised in good faith; or (b) the subject matter of the investigation is trivial; or (c) the subject matter of the investigation relates to a matter permitted or required under any law; or (d) the subject matter of the investigation has already been investigated or otherwise dealt with by any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions. (2) The Commissioner must refuse to conduct an investigation under this Division into a matter if the matter is the subject of, or the investigation would prejudice – (a) any criminal proceedings or criminal investigations; or (b) an appeal to the TRAB; or (c) an inquiry by the stewards under the Rules of Racing. (3) If the Commissioner refuses to conduct an investigation into a matter the Commissioner must, within a reasonable time after so refusing, notify the TRAB of the refusal if the matter is the subject of, or the investigation would prejudice, an appeal to the TRAB. 17. Procedure on investigation (1) Before commencing an investigation under this Act, the Commissioner may give notice, of the Commissioner's intention to conduct the investigation, to either or both of the following: (a) the person or body that is the subject of the investigation; (b) if the investigation is commenced as the consequence of a complaint or allegation, the person making the complaint or allegation. (2) Subject to this Act, the Commissioner – (a) may make any investigations that the Commissioner considers appropriate; and (b) may conduct an investigation in any manner that the Commissioner considers appropriate, including in private; and (c) must observe the rules of natural justice. (3) If the Commissioner considers that a matter raised with the Commissioner for investigation, or a matter raised by or during the course of an investigation, should be investigated by another person that has functions under any law of Tasmania, another State, a Territory or the Commonwealth, the Commissioner may do either or both of the following: (a) refer the matter to the other person (as the case requires) for investigation; (b) refuse to investigate the matter. (4) If the Commissioner has a direct or indirect interest in a matter being considered, or about to be considered, in an investigation, the Commissioner must – (a) delegate the matter to another person for investigation; or (b) if appropriate, refer the matter for investigation by another person or body under subsection (3) . (5) Subject to subsection (6) and section 16 , the Commissioner's powers to investigate a matter are not affected by the matter having been referred under subsection (3) to another person for investigation. (6) Subject to section 16 , the Commissioner must conduct an investigation into a matter relating to integrity, or animal welfare, in racing referred to the Commissioner by the TRAB. 18. Conduct of investigations (1) In conducting an investigation under this Division, the Commissioner, by notice given to a person, may require or direct the person to do all or any of the following: (a) to provide the Commissioner or any person assisting the Commissioner with any information or explanation that the Commissioner requires; (b) to produce to the Commissioner or any person assisting the Commissioner any record, information, material or thing in the custody or possession or under the control of a person. (2) A person who, without reasonable excuse, fails to comply with a requirement or direction under subsection (1) within 14 days of receiving it commits an offence. Penalty: Fine not exceeding 50 penalty units. (3) For the purpose of obtaining any record, information, material or thing under subsection (1) , the Commissioner may – (a) inspect and take copies of or take extracts from any such record, information, material or thing; and (b) require or direct any person to give such assistance as may be required. (4) Any record, information, material or thing obtained by the Commissioner may be used for the purposes of the investigation or any subsequent inquiry under Division 4 . (5) For the avoidance of doubt, the Commissioner may exercise a power under this section in respect of a person, regardless of whether – (a) the person is in Tasmania or elsewhere; or (b) compliance with a requirement under this section requires information, or documents, that are in Tasmania or elsewhere. (6) A person complying with a requirement or direction of the Commissioner under this section cannot, by virtue of complying with that requirement or direction – (a) be held to have breached any code of professional etiquette or ethics; or (b) be taken to have departed from acceptable standards of professional conduct; or (c) be taken to have contravened any confidentiality requirements of any Act. 19. Procedure on completion of investigation (1) On completion of an investigation, the Commissioner may – (a) make recommendations under section 12 ; or (b) proceed to an inquiry; or (c) make a report in relation to the matter to such person or body as the Commissioner considers appropriate; or (d) refer the matter to such person or body as the Commissioner considers appropriate, with a recommendation as to actions that should be taken in relation to the matter; or (e) determine that no further action is to be taken in respect of the matter. (2) The Commissioner must not disclose any information under subsection (1) if the Commissioner considers that the disclosure of the information would – (a) not be in the public interest or in the interests of justice; or (b) put a person's safety at risk; or (c) prejudice any criminal proceedings or criminal investigations, or other investigations; or (d) otherwise contravene any applicable statutory obligations or involve the unreasonable disclosure of information relating to the personal affairs of any person. 20. Disclosure of information by Commissioner (1) The Commissioner may provide or disclose any information received or obtained by the Commissioner to a person or body specified in subsection (2) if the Commissioner considers that – (a) the information is relevant to the performance of the functions or the exercise of the powers of the person or body; and (b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information. (2) For the purposes of subsection (1) , the following persons or bodies are specified: (a) the Secretary of the Department; (b) the Commissioner of Police or a police officer authorised in writing by the Commissioner of Police; (c) the Commissioner of the Australian Federal Police or a member of the Australian Federal Police authorised in writing by that Commissioner; (d) Tasracing; (e) the Integrity Commission established by the Integrity Commission Act 2009 ; (f) the Ombudsman; (g) the TRAB; (h) a Minister of the Crown; (i) the Advisory Committee; (j) the Auditor-General; (k) a local authority; (l) a State Service Agency; (m) any other person or body to which the Commissioner has referred a matter for investigation; (n) such other persons or bodies as may be prescribed. Division 4 - Inquiries Subdivision 1 - General powers and procedures 21. Holding of inquiries (1) The Commissioner must inquire into any matter referred to the Commissioner for an inquiry by the Minister. (2) The Commissioner may hold an inquiry into any matter in racing that the Commissioner considers appropriate, including, but not limited to, matters relating to integrity in racing and animal welfare. 22. Conduct of inquiries (1) In holding an inquiry, the Commissioner – (a) is to proceed with as little formality and technicality, and with as much expedition, as a proper consideration of the matter permits; and (b) must observe the rules of natural justice; and (c) may proceed with and determine the inquiry notwithstanding the absence of a person who has been required to appear; and (d) may adjourn the inquiry from time to time or from place to place as the Commissioner thinks fit; and (e) except as provided by this Act, may determine the Commissioner's own procedure in holding an inquiry. (2) The Commissioner has power to – (a) control the Commissioner's proceedings; and (b) maintain order at any hearing of an inquiry or other proceedings of the Commissioner. (3) The Commissioner may request the Commissioner of Police to assist the Commissioner in maintaining order at any hearing of an inquiry or other proceeding conducted by the Commissioner. (4) The Commissioner of Police is authorised and required to accede to a request made under subsection (3). 23. Hearings to be public (1) Subject to subsection (2) and Subdivision 2 , the hearing of an inquiry is to be open to the public. (2) The Commissioner may refuse to admit the public or any person to a hearing if the Commissioner is satisfied that the public interest in an open hearing is outweighed by any other consideration, including public security, privacy of personal or financial affairs and the right of any person to a fair trial. (3) If the Commissioner intends to take or receive evidence at the hearing of an inquiry which is not open to the public, the Commissioner must announce that intention during a previous hearing which is open to the public and state, in general terms, the reasons why the Commissioner intends to hold a closed hearing. 24. Control of public reporting (1) The Commissioner may, by order, prohibit or restrict the public reporting of a hearing of an inquiry, or the publishing of any evidence taken or received by the Commissioner at a hearing, if the Commissioner is satisfied that the public interest in the reporting of that hearing or the publishing of that evidence is outweighed by any other consideration, including public security, privacy of personal or financial affairs and the right of any person to a fair trial. (2) An order under subsection (1) is to be made during a hearing which is open to the public and, on making the order, the Commissioner must state, in general terms, the reasons for making the order. (3) A person must comply with an order of the Commissioner made under subsection (1) . Penalty: In the case of – (a) an individual, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years; or (b) a body corporate, a fine not exceeding 1 000 penalty units. 25. Referral of questions of law (1) In this section – parties means persons who have been given leave to appear before an inquiry or have been interviewed by the Commissioner for the purposes of an inquiry. (2) The Commissioner may refer a question of law arising in the course of an inquiry to the Supreme Court for decision. (3) If the Commissioner refers a question of law to the Supreme Court for decision, the Commissioner may – (a) conclude the inquiry subject to the decision; or (b) adjourn the inquiry until the decision is given. (4) A question of law may be referred to the Supreme Court in the form of a special case drawn up by the parties to the inquiry or, if there are no parties to the inquiry or the parties cannot agree, by the Commissioner. (5) The decision of the Supreme Court on a question of law referred to it under this section is final and is binding on the Commissioner and the parties to the inquiry. 26. Allegations of misconduct (1) In this section – misconduct means conduct by a person that could reasonably be considered likely to result in a criminal charge, civil liability, disciplinary proceedings, or other legal proceedings, being brought against that person in respect of the conduct. (2) If the Commissioner is satisfied that – (a) an allegation of misconduct involving a person has been or should be made in an inquiry; and (b) that person should be required, or is likely to be required, to give evidence in the inquiry in relation to the allegation – the Commissioner must give that person notice of – (c) the allegation; and (d) the substance of the evidence, or nature and substance of anticipated evidence, supporting the allegation. (3) A notice under subsection (2) is to be given to a person within a reasonable period, to be not less than 48 hours, before the person is called to give evidence in relation to the allegation. (4) Subsection (3) does not apply in respect of a person given a notice under subsection (2) if – (a) the allegation specified in the notice relates to misconduct by the person in respect of the giving, or presentation, of evidence in the inquiry; or (b) the person waives the reasonable period, referred to in subsection (3) , in respect of the allegation specified in the notice. (5) A person who receives notice of an allegation of misconduct may respond to that allegation by doing all or any of the following: (a) making oral or written submissions to the Commissioner; (b) giving evidence to the Commissioner to contradict or explain the allegation or evidence, including the giving of oral evidence under examination by the person's counsel; (c) cross-examining the person making the statement constituting the allegation or evidence; (d) calling witnesses on matters relevant to the allegation or evidence. (6) For the purposes of subsection (5) – (a) the Commissioner must allow the person a reasonable period in which to prepare the response; and (b) the person may be represented by counsel as of right. (7) In determining what constitutes a reasonable period for the purposes of subsections (3) and (6)(a) , the Commissioner may have regard to such matters as the Commissioner considers relevant in the circumstances. (8) The Commissioner must not make a finding of misconduct against a person unless the person has been given notice of the misconduct and an opportunity to respond to the notice in accordance with this section. 27. Commissioner's findings (1) The Commissioner, on completion of an inquiry, is to submit a report of the Commissioner's findings and recommendations to the Minister. (2) Subject to section 26(8) , in the report to the Minister the Commissioner may make a finding of fact on or in respect of any matter into which the Commissioner inquires. (3) In the report the Commissioner must not express a conclusion of law in respect of the legal liability of a person. (4) If, in the report, the Commissioner intends to make a finding that is an adverse finding in respect of a person, the Commissioner must – (a) notify the person in writing of – (i) the Commissioner's intention to make the adverse finding in respect of the person; and (ii) the details of the adverse finding; and (b) allow the person at least 10 working days to make representations to the Commissioner in respect of the adverse finding before the report is finalised. (5) If the report of the Commissioner makes an adverse finding in respect of a person, the rules of procedural fairness apply in respect of that person and that finding. (6) The report of the Commissioner is not admissible in legal proceedings to prove a fact found by the Commissioner. (7) The report under subsection (1) to the Minister in respect of an inquiry is to be in writing. (8) A copy of the report is to be tabled in each House of Parliament within 10 sitting-days after the day on which it is received by the Minister. (9) The Commissioner may recommend to the Minister the omission of a part of the report before it is tabled in Parliament if satisfied that the public interest in the disclosure of the matters set out in that part of the report is significantly outweighed by any other consideration, including public security, privacy of personal or financial affairs or the right of any person to a fair trial. (10) The omission of a part of the report is to be clearly indicated on a copy of the report tabled in Parliament. Subdivision 2 - Private sessions 28. Private sessions (1) The Commissioner may hold a private session to obtain information in respect of any matter into which the Commissioner is inquiring. (2) The Commissioner may engage counsel or any other person to help the Commissioner hold a private session. (3) A private session under subsection (1) – (a) is not a hearing of an inquiry; and (b) must be held in private; and (c) subject to this Act, may be held as determined by the Commissioner. (4) A person who appears at a private session under subsection (1) – (a) is not a witness before the Commissioner; and (b) does not give evidence to the Commissioner. (5) Despite subsection (4)(a) , section 37 applies to a person who appears at a private session under subsection (1) as if that person had been a witness to an inquiry. (6) Information that relates to an individual, that has been given to the Commissioner solely for the purposes of a private session or proposed private session, may be included in a report or recommendation of the Commissioner only if the information – (a) is also given in evidence to the Commissioner other than at a private session; or (b) does not disclose the identity of, or lead to the identification of, the individual. 29. Legal effect of private sessions (1) The following are not admissible in evidence against a person in any civil or criminal proceedings, other than proceedings for an offence against section 30 , in any court: (a) a statement or disclosure made by the person – (i) at a private session; or (ii) to the Commissioner solely for the purposes of a private session or proposed private session; (b) the production of a document or other thing by the person at a private session. (2) A person who appears, or is authorised to be, at a private session has the same protection and immunity, and is subject to the same liabilities in respect of any civil or criminal proceedings, as a witness has in a case tried in the Supreme Court. (3) Counsel who appears on behalf of another person at a private session or is engaged to help the Commissioner conduct a private session has the same protection and immunity as counsel appearing for a party in proceedings in the Supreme Court. (4) The Commissioner has, in conducting a private session, the same protection and immunity as a judge of the Supreme Court. 30. Offences relating to private sessions (1) A person must not make a record of, use or disclose information that – (a) was obtained by the person at a private session; or (b) was given at a private session and obtained by the person before, or after, the information was so given; or (c) was given to the Commissioner for the purposes of a private session or proposed private session. Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years. (2) Subsection (1) does not apply if – (a) the disclosure of the information was required or authorised under this Act, or any other Act, in order to ensure the safety and welfare of an animal, a class of animals, a person or a class of persons; or (b) the record, use or disclosure of the information was for the purposes of performing functions, or exercising powers, under this Act by the Commissioner; or (c) the person is authorised under this Act to make the record of, or to use or disclose, the information and only records, uses or discloses the information in accordance with this Act; or (d) the information is recorded, used or disclosed with the consent of – (i) in relation to information referred to in subsection (1)(a) or (b) , the person who gave the information at the private session and each person referred to in the information; and (ii) in relation to information referred to in subsection (1)(c) , the person who gave the information to the Commissioner; or (e) the information that is recorded, or used or disclosed, does not disclose the identity of, or lead to the identification of, a person who has not given consent to the recording, use or disclosure of that information. (3) Except as provided in subsection (2) , nothing in this Act, or any other Act, authorises the making of a record, or the use or disclosure, of information provided at a private session or for the purposes of a private session or proposed private session. (4) Section 50 applies in relation to a person who gives information at, or produces a document or thing to, a private session as if – (a) a reference to a witness in section 50(1) were a reference to a person who attends a private session under this Subdivision; and (b) a reference to a person giving evidence, or producing or surrendering a document or thing, in section 50(2) or (3) were a reference to a person attending, or producing or surrendering a document or thing to, a private session under this Subdivision. Subdivision 3 - Evidence and witnesses 31. Rules of evidence (1) The Commissioner is not bound by any rule of law which relates to evidence in judicial proceedings. (2) Subject to section 26(5) , the Commissioner may refuse to receive any evidence. 32. Admissibility of evidence in other proceedings Evidence given by a person before an inquiry is not admissible in subsequent legal proceedings other than proceedings against that person under this Act. 33. Notices to witnesses (1) The Commissioner may, by notice served on a person, require that person to appear before an inquiry to do either or both of the following: (a) give evidence; (b) produce to the Commissioner, or a person designated by the Commissioner, any document or thing in that person's possession or control which the Commissioner considers relevant to an inquiry. (2) The Commissioner must not require a person to give evidence about a matter if that person has been charged with an offence in respect of that matter. (3) Subsection (2) does not apply if the charge has been finally disposed of. (4) If the Commissioner considers it expedient to do so because of the distance a person resides from the place at which the Commissioner would otherwise require that person to attend to give evidence, or because of any other consideration, the Commissioner may appoint another person to take the evidence of that person and report that evidence to the Commissioner. (5) If a person required or directed to give evidence to the Commissioner is – (a) a prisoner or detainee under the Corrections Act 1997 or the Youth Justice Act 1997 ; or (b) a patient detained in an approved hospital under the Mental Health Act 2013 ; or (c) a person who is subject to a restriction under the Criminal Justice (Mental Impairment) Act 1999 – the notice requiring or directing the person to provide any information or explanation authorises and requires the Director of Corrective Services, the Secretary within the meaning of the Youth Justice Act 1997 , the controlling authority of the approved hospital or the responsible medical officer, within the meaning of the Criminal Justice (Mental Impairment) Act 1999 , to allow the person to provide that information or explanation to the Commissioner in accordance with the notice. (6) A person who has been required by the Commissioner to appear before an inquiry must continue to attend the inquiry from day to day until the Commissioner excuses that person from so attending. 34. Notice to produce document or statement (1) The Commissioner may, by notice served on a person, require the person to – (a) prepare a document for or statement to the Commissioner, or a person designated by the Commissioner, containing the information known by the person in respect of the matter specified in the notice; and (b) give the document or statement so prepared to a person by the time, and at the place or in the manner, specified in the notice. (2) The Commissioner must not require a person to prepare a document or statement under subsection (1) if that person has been charged with an offence in respect of the matter to which the document or statement relates. (3) Subsection (2) does not apply if the charge has been finally disposed of. (4) A notice under this section served by the Commissioner on a person may form, but is not required to form, part of a notice served under section 33 by the Commissioner on that person. 35. Privilege does not apply in certain circumstances If a person refuses to prepare or produce a document or statement as required under section 33 or 34 on the grounds that the document or statement, or the information contained in the document or statement, is protected by privilege – (a) the Commissioner may require the production of the document or statement to assess whether privilege so applies; and (b) the production of the document or statement to the Commissioner, or the use of the document or statement by the Commissioner, does not affect whether the document or statement is protected by privilege in any other circumstances. 36. Powers in relation to witnesses If the Commissioner is satisfied that it is necessary in the circumstances, the Commissioner may do one or more of the following in respect of a person giving evidence to the Commissioner: (a) permit the person to give evidence anonymously or under a pseudonym; (b) use any means that the Commissioner considers appropriate to prevent the direct, or indirect, identification of the person; (c) identify the person as potentially vulnerable and apply any special evidentiary procedures, or measures, that may be appropriate, including but not limited to measures under the Evidence (Children and Special Witnesses) Act 2001 whether or not the prerequisites under that Act for those measures are met. 37. Compensation for witnesses A person who is required by the Commissioner to attend the hearing of an inquiry is entitled to be paid such allowances and expenses as are prescribed or, if not prescribed, as the Commissioner determines. Subdivision 4 - Obtaining evidence 38. Interpretation of Subdivision In this Subdivision – reasonable excuse, in relation to an act by a person, means – (a) if the person is a witness, or is providing information to the Commissioner, an excuse that would excuse the act by a witness in proceedings of a similar nature in a court of law; or (b) if the person is the subject of a notice, or warrant, in relation to the Commissioner, an excuse that would excuse the act by a person summoned before a court of law in proceedings of a similar nature in the court; or (c) in any case, an excuse that the Commissioner considers reasonable in the circumstances in relation to the act by the person. 39. Power of entry, search and seizure (1) If the Commissioner believes on reasonable grounds that a document or thing that the Commissioner considers relevant to an inquiry is in any place, building or vehicle, the Commissioner may apply to a magistrate for a warrant. (2) A magistrate to whom an application under subsection (1) is made may issue a warrant if satisfied that – (a) the document or thing referred to in the application is relevant to the inquiry; and (b) there are reasonable grounds to suspect that the document or thing is in the place, building or vehicle referred to in the application. (3) A warrant issued under this section authorises the person named in the warrant, together with any police officer on whom that person calls for assistance, to – (a) enter and search the place, building or vehicle specified in the warrant, using such force as is reasonably necessary; and (b) take possession on behalf of the Commissioner of the document or thing in respect of which the warrant has been issued. (4) A warrant issued under this section may be made subject to any conditions that the magistrate considers appropriate. (5) If the Commissioner obtains possession of a document or thing as a result of a search conducted pursuant to a warrant issued under this section, the Commissioner – (a) may retain the document or thing until the conclusion of the inquiry or until the document or thing is no longer required by the Commissioner; and (b) must then return the document or thing to a person from whose possession or custody it was taken. 40. Power to examine under oath The Commissioner may – (a) administer an oath to a person appearing before an inquiry to give evidence; and (b) examine a person under oath. 41. Self-incrimination A person is not excused from answering a question asked by the Commissioner at an inquiry, or from producing a document or thing to the Commissioner, on the ground that the answer to the question or the production of the document or thing might incriminate or tend to incriminate that person. 42. Failure to give or produce evidence is contempt (1) A person who has been served with a notice under section 33(1) and who fails, without reasonable excuse, to appear before an inquiry or produce the document or thing specified in the notice is guilty of contempt. (2) Punishment for contempt, or liability to be so punished, does not excuse a person referred to in subsection (1) from complying with the requirement to appear before an inquiry or to produce a document or thing to the Commissioner. (3) The Commissioner may apply to a magistrate for a warrant to have a person referred to in subsection (1) apprehended and brought before the Commissioner. (4) A magistrate to whom an application under subsection (3) is made may issue a warrant if satisfied that the person who is the subject of the application – (a) has been served with a notice under section 33(1) ; and (b) has failed, without reasonable excuse, to appear before an inquiry or produce the document or thing specified in the notice. (5) A warrant issued under this section authorises any police officer to – (a) apprehend the person named in the warrant and bring that person before the Commissioner; and (b) detain that person in custody to secure the person's attendance before the Commissioner. (6) A police officer executing a warrant issued under this section is, for that purpose, authorised to enter and search any place, building or vehicle, using such force as is reasonably necessary. (7) A person who is apprehended and detained in custody pursuant to a warrant issued under this section may apply to a judge of the Supreme Court to be released from custody. (8) The release of a person from custody under this section may be made subject to any conditions that the judge considers appropriate. 43. Other contempts A person is guilty of contempt if that person – (a) being called on or examined as a witness before an inquiry, without reasonable excuse – (i) refuses to be sworn or make an affirmation; or (ii) refuses or otherwise fails to answer a question put to that person by the Commissioner in respect of the matter into which the Commissioner is inquiring; or (iii) refuses to answer a question properly put by a witness or counsel authorised to appear for a witness; or (b) having appeared before an inquiry as a witness, fails to continue to attend at an inquiry from day to day without having been excused from doing so by the Commissioner; or (c) does any act which, if the Commissioner were a court of law having power to commit for contempt, would be in contempt of that court. Subdivision 5 - Dealing with contempt 44. Show cause procedure (1) If the Commissioner considers that a person has or may have done an act so as to be guilty of contempt, the Commissioner may, by notice served on that person, call on that person to show cause why the Commissioner should not certify the contempt to the Supreme Court under section 46 . (2) A person on whom a notice to show cause is served may do all or any of the following in support of the person's case: (a) make oral or written submissions to the Commissioner; (b) give evidence to the Commissioner, including the giving of oral evidence under examination by the person's counsel; (c) call witnesses. (3) For the purposes of subsection (2) , the person called on to show cause may be represented by counsel as of right. 45. Review of decision to certify contempt (1) A person who is aggrieved by a decision of the Commissioner to certify a contempt by that person to the Supreme Court may move that court to review that decision. (2) Section 107 of the Justices Act 1959 applies to a review of a decision of the Commissioner referred to in subsection (1) as if – (a) the decision were an order of justices; and (b) the reference in section 107(3)(b)(ii) of that Act to the clerk to the justices were a reference to the Commissioner; and (c) the reference in section 107(4) of that Act to the justices were a reference to the Commissioner. 46. Punishment for contempt (1) Subject to section 44 , the Commissioner may certify a contempt to the Supreme Court. (2) If a contempt is certified to the Supreme Court – (a) the Supreme Court must inquire into the matter; and (b) having regard to the evidence produced against and by or on behalf of the person named in the Commissioner's certificate, the Supreme Court may, if satisfied that the person is guilty of the contempt, punish the person in the same manner and to the same extent as would be the case if the person had committed the contempt in relation to the Supreme Court. (3) The Rules of Court of the Supreme Court apply, with any necessary modification, to the Supreme Court's consideration and punishment of a contempt in relation to the Commissioner. 47. Fines for contempt If the Supreme Court imposes a fine on a person for contempt of the Commissioner, Part 4 of the Monetary Penalties Enforcement Act 2005 applies in relation to the payment of that fine as if it were a fine imposed under section 7 of the Sentencing Act 1997 . Subdivision 6 - Miscellaneous 48. Representation (1) A natural person, corporation, club, association or other body of persons appearing before the Commissioner may be represented by counsel or any other person. (2) The Commissioner may engage counsel or any other person to help the Commissioner hold an inquiry. (3) The Commissioner has, in holding an inquiry, the same protection and immunity as a judge of the Supreme Court. (4) A counsel or other person who – (a) appears before or makes representations to the Commissioner on behalf of a party to an inquiry, a witness at an inquiry or a person whose conduct is an issue in an inquiry; or (b) is engaged to help the Commissioner hold an inquiry – has, in that capacity, the same protection and immunity as counsel appearing for a party in proceedings in the Supreme Court. (5) A witness who appears before an inquiry has the same protection and immunity as a witness appearing before the Supreme Court. 49. Evidentiary provisions Section 181 has the same application to inquiry proceedings as it has to proceedings on the hearing of a charge for an offence against this Act. 50. Offences (1) A person must not intentionally prevent, or intentionally try to prevent, a person who is required by the Commissioner to appear before the Commissioner from attending as a witness or producing any document or thing to the Commissioner for the purposes of an inquiry. Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years. (2) A person must not use, cause, inflict or procure any violence, punishment, damage, loss or disadvantage to another person for or on account of – (a) that other person having given evidence before an inquiry or produced or surrendered any document or thing to the Commissioner for the purposes of an inquiry; or (b) any evidence given by that other person before an inquiry or any document or thing produced or surrendered by that other person to the Commissioner for the purposes of an inquiry. Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years. (3) An employer must not dismiss an employee from employment, or prejudice an employee in employment, for or on account of – (a) that employee having given evidence before an inquiry or produced or surrendered any document or thing to the Commissioner for the purposes of an inquiry; or (b) any evidence given by that employee before an inquiry or any document or thing produced or surrendered by that employee to the Commissioner for the purposes of an inquiry. Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years. (4) In any proceedings for an offence under subsection (3) , it lies on the employer to prove, on the balance of probabilities, that the employee shown to have been dismissed from or prejudiced in employment was so dismissed or prejudiced for some reason other than a reason specified in subsection (3) . Division 5 - Reporting 51. Annual report by Commissioner (1) Within 3 months after the end of each financial year, the Commissioner must provide to the Minister an annual report on the performance of the functions, and the exercise of the powers, of the Commissioner during the previous financial year. (2) Without limiting the generality of subsection (1) , the Commissioner must include in the Commissioner's annual report the following in respect of the previous financial year – (a) any recommendation made by the Commissioner under this Act; (b) any direction given by the Commissioner under this Act; (c) any non-compliance with recommendations made or directions given by the Commissioner under this Act; (d) any matter referred to the Commissioner by the Minister under section 21 ; (e) any report made by the Commissioner under section 27(1) ; (f) any request made by the Minister to the Commissioner under section 54 ; (g) any recommendation made in relation to a plan, or the amendment of a plan, under section 61 . (3) For the avoidance of doubt, the Commissioner must not disclose any information under subsection (2)(a) in an annual report if the Commissioner did not include that information in a recommendation under section 12 because of the operation of section 19(2) . (4) Before 30 November in each year, the Minister must cause a copy of the annual report for the preceding financial year to be laid before each House of Parliament. (5) If the Minister is unable to comply with subsection (4) for any reason other than that a House of Parliament is not sitting, the Minister must cause to be laid before each House of Parliament a statement specifying – (a) the reasons for the failure to comply with that subsection; and (b) an estimate of the day by which a copy of the annual report will be ready to be laid before each House of Parliament. (6) If the Minister is unable to comply with subsection (4) because a House of Parliament is not sitting, the Commissioner must – (a) forward a copy of the annual report to the Clerk of that House; and (b) within the next 7 sitting-days of that House, cause a copy of the annual report to be laid before that House. 52. Report to Minister on failure by Tasracing to comply with requirements (1) The Commissioner may advise the Minister of a failure by Tasracing to do any of the following: (a) submit a plan under section 61 ; (b) comply with a recommendation of the Commissioner under this Act; (c) comply with a direction of the Commissioner under section 13 . (2) Before advising the Minister under subsection (1) , the Commissioner must – (a) give Tasracing written notification of its intention to advise the Minister; and (b) give Tasracing 14 days to provide a written response to the notification under paragraph (a) before advising the Minister of the failure. (3) If Tasracing provides a written response to a notification under subsection (2)(a) in relation to a failure, the Commissioner must give a copy of that response to the Minister with the advice of the failure. Division 6 - Integrity and Animal Welfare Standards 53. Integrity and Animal Welfare Standards (1) The Commissioner is to prepare and issue standards including, but not limited to, standards relating to integrity and animal welfare. (2) The Commissioner may prepare and issue standards as a result of a request of the Minister under section 54 . (3) The Standards may provide for any matter relating or incidental to the conduct of racing. (4) Without limiting subsection (3) , the Standards may make provision with respect to the following matters: (a) the welfare of animals that are or have been involved in racing; (b) integrity in racing, including but not limited to, the setting of licence and registration standards and criteria; (c) the number of stewards required to – (i) officiate at race meetings; and (ii) officiate at race trials; and (iii) perform any other functions pursuant to the Rules of Racing; (d) animal welfare operations, including stable and kennel inspections; (e) the testing (including swabbing) of animals and humans in racing, both in competition and out of competition; (f) the keeping, treatment, handling and care of greyhounds and horses; (g) the facilities, equipment and conditions at premises where greyhounds and horses are kept, trialled, trained or raced; (h) the procedures and practices to be adopted in relation to the keeping, trialling, training and racing of greyhounds and horses; (i) the lifetime traceability of greyhounds and horses; (j) the qualifications, attributes or other criteria for persons applying for licences or registration; (k) minimum training required to be completed by persons employed by or engaged in the racing industry; (l) the administration, licensing, registering and regulation of bookmakers and bookmaker's agents; (m) the conditions on, and requirements relating to, the conduct of bookmaking and betting in the racing industry, including conditions and requirements to ensure integrity; (n) the publication of race field information; (o) the imposition of licence and registration fees; (p) the issuing of warning-off notices and exclusion notices under section 124 ; (q) such other matters as may be prescribed. (5) In making any Standards under this section, the Commissioner is to have regard to the following: (a) any animal welfare standards or animal welfare guidelines issued under the Animal Welfare Act 1993 that are applicable to racehorses and racing greyhounds; (b) the functions and powers of Tasracing. (6)