Thoroughbred Racing Act 1996 (NSW)

Thoroughbred Racing Act 1996 No 37 An Act to make provision for the establishment, management and functions of Racing New South Wales as the representative body to control thoroughbred horse racing in the State; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Thoroughbred Racing Act 1996. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Definitions (1) In this Act— Appeal Panel means the Appeal Panel provided for by Part 4. appointed member means a member of Racing NSW other than the Chief Executive. Australian Rules of Racing means the Australian Rules of Racing as adopted by the Australian Conference of Principal Racing Clubs. Chief Executive means the Chief Executive of Racing NSW from time to time. eligible industry body means a body determined to be an eligible industry body for the time being under section 31(2). exercise a function includes perform a duty. function includes power, authority or duty. horse racing means the racing of galloping horses as referred to in the Australian Rules of Racing. HRNSW means Harness Racing New South Wales constituted under the Harness Racing Act 2009. IA Committee means the Integrity Assurance Committee established under this Act. race club includes any body or other association of persons, whether incorporated or unincorporated, that promotes, conducts or controls, or that is formed for promoting, conducting or controlling, a horse racing meeting or meetings. racing association means an association of race clubs. Racing NSW means Racing New South Wales. racing official means a member of Racing NSW, the Chief Executive or a steward appointed by Racing NSW or other member of staff of Racing NSW. RICG means the Racing Industry Consultation Group established by this Act. Rules of Racing means the rules for the time being governing and relating to horse racing under the control of Racing NSW (being an amalgamation of the Australian Rules of Racing and the local rules of racing of Racing NSW, together with the regulations made under those rules). Selection Panel means the Selection Panel established under section 7. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes included in this Act are explanatory notes and do not form part of this Act. Part 2 Racing NSW 4 Establishment of Racing NSW (1) There is established by this Act a body corporate with the corporate name of Racing New South Wales. (2) Racing New South Wales may, in the exercise of its functions, use the name "Racing NSW". 5 Racing NSW independent of Government Racing NSW does not represent the Crown and is not subject to direction or control by or on behalf of the Government. 6 Membership (1) Racing NSW is to consist of the Chief Executive and 7 other members appointed by the Minister from time to time. (1A) The Minister is to appoint members as follows— (a) except as provided by paragraph (b)—each person appointed must be selected from a recommended members list that is provided to the Minister by the Selection Panel under section 7 in relation to the vacancy or vacancies concerned, (b) in the case of any casual vacancy (a vacancy in the office of an appointed member occurring other than by reason of the completion of the member's term of office)—each person appointed must be selected from a list of persons recommended for appointment to fill the vacancy or vacancies concerned that is provided to the Minister by Racing NSW. (1B) The number of persons listed in a list of persons recommended for appointment to fill any casual vacancy or vacancies must be more than the number of persons required to fill the vacancy or vacancies concerned. Note— See section 7(2)(c) for a comparable requirement in relation to lists provided by the Selection Panel. (2) A person is not eligible to be an appointed member of Racing NSW if the person— (a) is currently, or during the previous 12 months has been, an employee of a race club, racing association or eligible industry body, or (b) is currently, or during the previous 12 months has been, a member of the governing body of a race club, racing association or eligible industry body, or (c) holds a licence issued by Racing NSW or by a racing association, or (d) is registered by or with the Greyhound Welfare and Integrity Commission under the Greyhound Racing Act 2017 or HRNSW under the Harness Racing Act 2009, or (e) is currently, or during the previous 10 years has been, warned off, disqualified or named on the Forfeits List under the Australian Rules of Racing, or (f) during the previous 10 years has been convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or (g) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or (h) is a mentally incapacitated person. (3) A person is not eligible to be appointed as a member of Racing NSW if the person is a member of the Selection Panel at the time the Selection Panel makes its recommendation for the appointment concerned. (4) A person is not eligible to hold office as an appointed member of Racing NSW for more than 12 years in total (whether or not involving consecutive terms of office). (5) The Chief Executive does not have a vote at meetings of Racing NSW. (6) While a person is an appointed member of Racing NSW, any entitlement of the person to vote as a member of a race club or of an eligible industry body is suspended. 7 Selection Panel (1) The Minister is to establish a Selection Panel— (a) to prepare and provide to the Minister a list of persons recommended for appointment as members of Racing NSW when any vacancies arise (a recommended members list), and (b) to prepare and provide to the Minister a list of persons recommended for appointment as the Chairperson or Deputy Chairperson of Racing NSW when any vacancies arise, and (c) to recommend the terms of office for persons included in any such list. (2) A list provided to the Minister under this section— (a) must list the persons recommended for appointment and recommend terms of office for the persons listed, and (b) may list persons as being recommended for appointment both as members of Racing NSW and as the Chairperson or Deputy Chairperson of Racing NSW, and (c) must list more persons than the number of persons required to fill the vacancy or vacancies concerned. (3) The Selection Panel must not include a person in a recommended members list unless the Panel is satisfied that the person has experience in a senior administrative role or experience at a senior level in one or more of the fields of business, finance, law, marketing, technology, commerce, regulatory administration or regulatory enforcement. (4) Before including a person in a recommended members list, the Selection Panel must conduct a probity check of the person (with the level of scrutiny as determined by the Minister). The Minister is to appoint a Probity Adviser to assist the Selection Panel to conduct probity checks. (5) The Selection Panel is to choose between candidates for inclusion in a list to be provided under this section on the basis of merit, with merit to be determined on the basis of a candidate's abilities, qualifications, experience and personal qualities that are relevant to the performance of the duties of membership of Racing NSW or the duties of the Chairperson or Deputy Chairperson (as the case requires). (6) The Selection Panel must not include a person in a recommended members list if the Panel is satisfied that the person has a direct or indirect pecuniary interest in any matter that gives rise (or is likely to give rise) to a conflict of interest of a nature that is incompatible with membership of Racing NSW. (7) The term of office for which the Minister may appoint a person selected from a list provided under this section may (but need not) be the term of office recommended by the Selection Panel. 8 Term of office of members (1) An appointed member of Racing NSW is to be appointed to hold office (subject to this Act) for a period of up to 4 years, unless the appointment is to fill a casual vacancy. (2) An appointed member appointed to fill a casual vacancy (a vacancy in the office of an appointed member occurring other than by reason of the completion of the member's term of office) is to be appointed for the balance of the term of office of the member's predecessor. 9 (Repealed) 10 Remuneration (1) An appointed member of Racing NSW is entitled to be paid— (a) remuneration consisting of a base amount adjusted annually in accordance with the annual percentage increase (if any) in the Consumer Price Index occurring after the determination or redetermination of the base amount takes effect, and (b) allowances to reimburse the member for expenses that he or she may incur (for travel or accommodation, for example). (1A) The Statutory and Other Offices Remuneration Tribunal may, on the application of Racing NSW, redetermine the base amount from time to time, with effect from the date of the redetermination or such later date as the Tribunal may specify. (2) In this section— base amount means an amount determined for the purposes of this section by the Statutory and Other Offices Remuneration Tribunal (which determination, whenever made, is taken to be effective on the commencement of this subsection). Consumer Price Index means the number appearing in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician. 11 Duty of members to act in interests of public and industry It is the duty of each appointed member of Racing NSW to act in the public interest and in the interests of the horse racing industry as a whole in New South Wales. 11A Code of conduct (1) Racing NSW must, within 3 months after the commencement of this section, adopt a code of conduct to be observed by members and staff of Racing NSW. (2) The code of conduct must include a statement of the duty of members of Racing NSW under sections 11 (Duty of members to act in interests of public and industry) and 21 (Disclosure of pecuniary interests by members) and the obligations of Racing NSW under section 21 in connection with disclosures under that section. (3) Racing NSW must review its code of conduct at least every 3 years and make such changes to it as it considers appropriate. 12 Personal liability (1) A matter or thing done or omitted to be done by Racing NSW, the Chief Executive, or a member of Racing NSW or the Selection Panel or any person acting under the direction of Racing NSW does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the Chief Executive, the member or a person so acting personally to any action, liability, claim or demand. (2) If this section prevents liability attaching to a person, the liability attaches instead to Racing NSW. 13 Functions of Racing NSW (1) Racing NSW has the following functions— (a) all the functions of the principal club for New South Wales and committee of the principal club for New South Wales under the Australian Rules of Racing, (b) to control, supervise and regulate horse racing in the State, (b1) such functions in relation to the business, economic development and strategic development of the horse racing industry in the State as are conferred or imposed by this Act, (c) to initiate, develop and implement policies considered conducive to the promotion, strategic development and welfare of the horse racing industry in the State and the protection of the public interest as it relates to the horse racing industry, (d) functions with respect to the insuring of participants in the horse racing industry, being functions of the kind exercised by the AJC on the commencement of this section, and such other functions with respect to insurance in the horse racing industry as may be prescribed by the regulations, (e) such functions as may be conferred or imposed on Racing NSW by or under the Australian Rules of Racing or any other Act, (f) such functions with respect to horse racing in New South Wales as may be prescribed by the regulations. (2) The functions of Racing NSW are not limited by the Australian Rules of Racing and are to be exercised independently of Racing Australia Limited. (3) The AJC ceases to have the functions that are solely the functions of the principal club for New South Wales or committee of the principal club for New South Wales under the Australian Rules of Racing. (4) In this section— AJC means the club known as the Australian Jockey Club as referred to in the Australian Jockey Club Act 1873 on the commencement of this section. 14 Powers of Racing NSW (1) Racing NSW has power to do all things that may be necessary or convenient to be done for or in connection with the exercise of its functions. (2) Without limiting subsection (1), Racing NSW has power to do the following— (a) investigate and report on proposals for the construction of new racecourses, and inspect new racecourses or alterations or renovations to existing racecourses, (b) register or licence, or refuse to register or licence, or cancel or suspend the registration or licence of, a race club, or an owner, trainer, jockey, stablehand, bookmaker, bookmaker's clerk or another person associated with racing, or disqualify or suspend any of those persons permanently or for a specified period, (c) supervise the activities of race clubs, persons licensed by Racing NSW and all other persons engaged in or associated with racing, (d) inquire into and deal with any matter relating to racing and to refer any such matter to stewards or others for investigation and report and, without limiting the generality of this power, to inquire at any time into the running of any horse on any course or courses, whether or not a report concerning the matter has been made or decision arrived at by any stewards, (e) allocate to registered race clubs the dates on which they may conduct race meetings, (f) direct and supervise the dissolution of a race club that ceases to be registered by Racing NSW, (g) appoint an administrator to conduct the affairs of a race club, (h) register and identify galloping horses, (i) disqualify a horse from participating in a race, (j) exclude from participating in a race a horse not registered under the Rules of Racing, (k) prohibit a person from attending at or taking part in a race meeting, (l) impose a penalty on a person licensed by it or on an owner of a horse for a contravention of the Rules of Racing, (m) impose fees for registration of a person or horse, (n) require registered race clubs to pay to it such fees and charges (including fees for registration of a race club) as are required for the proper performance of its functions, calculated on the basis of criteria notified to race clubs by Racing NSW, (o) consult, join, affiliate and maintain liaison with other associations or bodies, whether in the State or elsewhere, concerned with the breeding or racing of galloping horses, (p) enter into contracts, (q) acquire, hold, take or lease and dispose of real and personal property whether in its own right or as trustee, (r) borrow money, (s) order an audit of the books and accounts of a race club by an auditor who is a registered company auditor nominated by Racing NSW, (t) scrutinise the constitutions of race clubs to ensure they conform to any applicable Act and the Rules of Racing and that they clearly and concisely express the needs and desires of the clubs concerned and of racing generally, (u) publish material, including periodical publications, to inform and keep informed the public concerning matters relating to racing, whether in the State or elsewhere, (v) undertake research and investigation into all aspects of the breeding of horses and of racing generally, (w) take such steps and do such acts and things as are incidental or conducive to the exercise of its powers and the performance of its functions. 14AA Registration and licensing functions of Racing NSW—general (1) Racing NSW is to exercise its registration and licensing functions so as to ensure that any individuals registered or licensed by Racing NSW are persons who, in the opinion of Racing NSW, are fit and proper persons to be so registered or licensed (having regard in particular to the need to protect the public interest as it relates to the horse racing industry). (2) Without limiting subsection (1), a person is not to be so registered or licensed if the person has a conviction and Racing NSW is of the opinion that the circumstances of the offence concerned are such as to render the person unfit to be so registered or licensed. (3) This section does not limit any provisions of the Rules of Racing relating to the exercise of the registration and licensing functions of Racing NSW. (4) In this section— conviction has the meaning given by the Criminal Records Act 1991 but does not include a conviction that is spent under that Act. registration and licensing functions means the functions referred to in section 14(2)(b). 14A Licensing of bookmakers (1) An application for a bookmaker licence may be made— (a) by a natural person of or over the age of 18 years, or (b) by a proprietary company. (2) Racing NSW must refuse to licence a proprietary company as a bookmaker unless satisfied that the company is an eligible company. (3) For the purposes of this section, an eligible company means a proprietary company that is registered under the Corporations Act 2001 of the Commonwealth and in which— (a) each director, shareholder and person concerned in the management of the company is of or over the age of 18 years, and (b) each director is licensed as an individual as a bookmaker under this Act, and (c) each director is a shareholder and person concerned in the management of the company, and (d) each shareholder who is not a director is a close family member of a director, and (e) each shareholder or person concerned in the management of the company who is not a director is, in the opinion of Racing NSW, a fit and proper person to be licensed as an individual as a bookmaker under this Act, and (f) subject to the regulations, no person (other than a shareholder) has any interest in the shares or assets of the company. (4) It is a condition of a bookmaker licence granted to a company that— (a) the company continues to be an eligible company, and (b) no shareholder or person concerned in the management of the company, other than a director, is licensed as an individual as a bookmaker under this Act, and (c) no director, shareholder or person concerned in the management of the company— (i) carries on the business of a bookmaker, otherwise than on behalf of the company, in relation to any horse, harness or greyhound race, at a meeting for horse racing in New South Wales, or (ii) carries on, at a racecourse licensed for horse racing, the business of a bookmaker in respect of a declared betting event otherwise than on behalf of the company, or (iii) is a director, shareholder or person concerned in the management of, or is an employee or agent of, any other company that is licensed as a bookmaker under this Act, or (iv) has a financial interest in any business of a bookmaker that is carried on by any such other company under the authority of its licence under this Act, and (d) (Repealed) (e) no director, shareholder or person concerned in the management of the company— (i) is licensed or otherwise authorised as an individual to carry on, or carries on, the business of a bookmaker, bookmaker's clerk or turf commission agent, or a totalizator business, or any other kind of betting, wagering, gambling or gaming business, in another country, or (ii) is a director, shareholder or person concerned in the management of a corporation, or is a member of a partnership, that is licensed or otherwise authorised to carry on, or that carries on, any such business in another country, or (iii) is an employee or agent of any individual, partnership or corporation referred to in the preceding subparagraphs, or (iv) has a financial interest in the business of a bookmaker or turf commission agent, or a totalizator business, or any other kind of betting, wagering, gambling or gaming business, that is authorised to be carried on or is carried on in another country. (5) In subsection (4)(c) and (e), a reference to carrying on the business of a bookmaker, or the business of a bookmaker's clerk or turf commission agent, includes a reference to acting as a bookmaker, or a bookmaker's clerk or turf commission agent. (6) (Repealed) (7) Racing NSW may suspend or cancel a bookmaker licence granted to a company if satisfied that any condition referred to in subsection (4) is contravened in respect of the company. This does not limit the powers of Racing NSW to suspend or cancel the registration of a company as a bookmaker under section 14. (8) Any debt that is incurred by a company in carrying on business as a bookmaker licensed under this Act is enforceable jointly and severally against all persons who are directors of the company at the time the debt is incurred (whether or not they are directors at the time the debt is sought to be enforced). (9) In this section— close family member of a director means— (a) a spouse, de facto partner, parent, child, brother or sister of the director, or (b) a person who has a relationship with the director that is prescribed by the regulations for the purposes of this definition. Note— "De facto partner" is defined in section 21C of the Interpretation Act 1987. declared betting event has the same meaning as it has in the Betting and Racing Act 1998. financial interest in a bookmaking business means an entitlement to receive any of the income from the business. meeting for horse racing has the same meaning as in section 4 of the Betting and Racing Act 1998. racecourse licensed for horse racing means a racecourse in respect of which a licence for meetings for horse racing granted under section 7 of the Betting and Racing Act 1998 is in force. 14B Consultation and planning (1) Racing NSW is to prepare business plans for its activities from time to time. (2) Racing NSW is to undertake formal consultation on a regular basis with RICG and other horse racing industry stakeholders in connection with the initiation, development and implementation of policies for the promotion, strategic development and welfare of the horse racing industry. (3) Racing NSW is to prepare an initial strategic plan for the horse racing industry within 12 months after the commencement of this section and is to prepare a further strategic plan for the horse racing industry every 3 years after the initial strategic plan is prepared. Each strategic plan must be prepared in consultation with RICG and other horse racing industry stakeholders. (4) The annual report of Racing NSW is to include a progress report on implementation of the business plan of Racing NSW and the strategic plan for the horse racing industry over the period to which the annual report relates. 15 Vacation of office (1) The office of an appointed member of Racing NSW becomes vacant if the member— (a) dies, or (b) completes a term of office and is not reappointed, or (c) resigns the office by instrument in writing addressed to Racing NSW, or (d) is absent from 4 consecutive meetings of Racing NSW of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by Racing NSW or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by Racing NSW for having been absent from those meetings, or (e) becomes a person who is not eligible to be a member, or (f) is removed from office under subsection (2) or (3). (2) The Minister may, on the recommendation of Racing NSW, remove an appointed member of Racing NSW from office for incapacity, incompetence, misbehaviour or a contravention of the code of conduct adopted by Racing NSW under section 11A. (3) The Minister may also remove an appointed member from office if the Minister is satisfied that the member has— (a) contravened section 21 (Disclosure of pecuniary interests by members), or (b) a direct or indirect pecuniary interest in any matter that gives rise (or is likely to give rise) to a conflict of interest of a nature that is incompatible with continued membership of Racing NSW. (4) The Minister may not remove a member from office under subsection (3) unless the Minister has first given the member an opportunity to show cause why the member should not be removed from office. 16 Chairperson and Deputy Chairperson of Racing NSW (1) The Minister is to appoint one of the appointed members of Racing NSW as the Chairperson of Racing NSW and another appointed member as the Deputy Chairperson of Racing NSW. (2) The Minister must select persons for appointment as the Chairperson or Deputy Chairperson to a vacancy in any of those offices from a list of persons recommended for appointment as such that is provided to the Minister by the Selection Panel under section 7 in relation to the vacancy concerned. (3) The appointment of a person as the Chairperson or Deputy Chairperson may be made by the relevant instrument of appointment of the person as an appointed member or by another instrument executed by the Minister. (4) The Chairperson or Deputy Chairperson is to be appointed to hold office (subject to this Act) for a period of up to 4 years, unless the Chairperson or Deputy Chairperson sooner vacates office as such. (5) The Minister may remove a person from office as the Chairperson or Deputy Chairperson at any time. (6) A person ceases to hold office as Chairperson or Deputy Chairperson if he or she— (a) resigns the office by instrument in writing addressed to the Minister, or (b) is removed from that office by the Minister, or (c) ceases to hold office as a member of Racing NSW. (7) The Chairperson or Deputy Chairperson does not cease to be a member of Racing NSW merely because he or she ceases to be Chairperson or Deputy Chairperson. 17 Member vacancies to be filled If the office of an appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy. 18 The Chief Executive and other staff (1) Racing NSW is to employ a Chief Executive and may employ such other staff as it considers necessary for the exercise of its functions. A person is disqualified from being employed as Chief Executive if the person is or becomes an employee of a race club or racing association. (2) Racing NSW may fix the salary, wages and other conditions of employment of the Chief Executive and its other staff, in so far as they are not fixed by or under any other Act or law. (3) The Government Sector Employment Act 2013 does not apply to the Chief Executive and the other members of staff of Racing NSW. 18A Arrangements for use of staff and facilities of HRNSW (1) Racing NSW may arrange for the use of the services of any staff or facilities of HRNSW. (2) For the purposes of this Act, a person whose services are utilised by Racing NSW under this section is taken to be a member of staff of Racing NSW in the exercise of functions by the person under this Act. (3) Without limiting subsection (1), Racing NSW may arrange for a steward appointed by HRNSW to perform the functions of a steward under this Act. Any such person is taken to have been appointed by Racing NSW as a steward for the purposes of this Act while exercising functions under this Act in accordance with those arrangements. (4) Without limiting subsection (1), Racing NSW may arrange to share with HRNSW any equipment, information technology (such as computer software) or office, or any administrative system relating to licensing or registration. (5) Racing NSW is not authorised to enter into an arrangement under this section in relation to stewards, licensing or registration without the consent of the Minister. (6) The consent of the Minister under subsection (5)— (a) may be given in relation to a particular arrangement or a class of arrangements, and (b) may be subject to conditions, and (c) may be amended from time to time. 19 Procedure (1) Racing NSW may regulate its proceedings as it considers appropriate, subject to this section. (1A) Proceedings in respect of an inquiry conducted by Racing NSW may be conducted in public or in private, or partly in public and partly in private, as Racing NSW may decide. (1B) In conducting an inquiry, Racing NSW may examine any witness on oath or affirmation, or by use of a statutory declaration. (2) The quorum for a meeting of Racing NSW is a majority of the appointed members of Racing NSW as constituted for the time being. (3) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson is to preside at a meeting of Racing NSW. If neither the Chairperson nor Deputy Chairperson is present at a meeting, the members present may elect one of their number to preside at the meeting. The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, has a second or casting vote. (4) A decision supported by a majority of the votes cast at a meeting of Racing NSW at which a quorum is present is the decision of Racing NSW. (5), (6) (Repealed) 20 Transaction of business outside meetings or by telephone (1) Racing NSW may, if it thinks fit, transact any of its business by the circulation of papers among all of its members, and a resolution in writing approved in writing by a majority of the appointed members is taken to be a decision of Racing NSW. Email may be used to circulate papers among members and a resolution approved by email is taken to have been approved in writing. (2) Racing NSW may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if a member who speaks on a matter at the meeting can be heard by the other members. (3) For the purposes of— (a) the approval of a resolution under subsection (1), or (b) a meeting held in accordance with subsection (2), the Chairperson and each other member have the same voting rights as they have at an ordinary meeting of Racing NSW. (4) A resolution approved under subsection (1) is to be recorded in the minutes of the meetings of Racing NSW. (5) Papers may