Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Racing and Other Acts Amendment (Greyhound
Racing and Welfare Reform) Act 2016
No. 17 of 2016
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 3
Part 2—Amendment of Racing Act 1958 4
3 Functions of the Racing Integrity Commissioner 4
4 Section 55 substituted 4
5 Constitution of Board 5
6 New section 71A inserted 5
7 Functions of Board 7
8 Member of Board etc. may enter and inspect etc. 7
9 New section 78 inserted 7
10 Rules of Board 8
11 Members of the GRV Racing Appeals and Disciplinary Board 8
12 New Part IX inserted 9
Part 3—Amendment of Domestic Animals Act 1994 11
13 Definitions 11
14 New Part 4AA inserted 12
15 Payments to the Treasurer 14
16 Due date for payments to the Treasurer 15
17 Consequential amendments 15
18 Statute law revision amendment 15
Part 4—Amendment of Prevention of Cruelty to Animals Act 1986 16
19 Time for charging certain offences under this Act 16
Part 5—Repeal of amending Act 17
20 Repeal of amending Act 17
Schedule 1—Amendment of Domestic Animals Act 1994 18
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Endnotes 22
1 General information 22
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Racing and Other Acts Amendment
(Greyhound Racing and Welfare
Reform) Act 2016†
No. 17 of 2016
[Assented to 19 April 2016]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to amend the Racing Act 1958—
(i) to further provide for the functions and
the rules of Greyhound Racing
Victoria; and
(ii) to provide for changes to the
constitution of Greyhound Racing
Victoria and the GRV Racing Appeals
and Disciplinary Board; and
Victoria
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Part 1—Preliminary
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
2
Authorised by the Chief Parliamentary Counsel
(iii) to further provide for the functions of
the Racing Integrity Commissioner in
relation to animal welfare; and
(iv) to further provide for offences relating
to greyhound races that involve the use
of animals as lures; and
(v) to further provide for enforcement
powers under Part III of that Act; and
(vi) to provide for the use or disclosure of
information for the purposes of
enforcement under the Domestic
Animals Act 1994; and
(vii) to provide for the appointment of an
administrator to manage the greyhound
racing industry in certain
circumstances; and
(b) to amend the Domestic Animals Act 1994—
(i) to further provide for the keeping of
greyhounds registered with Greyhound
Racing Victoria; and
(ii) to provide for Greyhound Racing
Victoria to make payments to the
Treasurer from greyhound registration
fees; and
(iii) to make consequential amendments to
that Act; and
(c) to amend the Prevention of Cruelty to
Animals Act 1986 to extend the time limit
for commencing proceedings for offences
relating to baiting, luring and encouraging
animals to fight.
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Part 1—Preliminary
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
3
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2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 August 2017, it comes into
operation on that day.
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Part 2—Amendment of Racing Act 1958
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
4
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Part 2—Amendment of Racing Act 1958
3 Functions of the Racing Integrity Commissioner
(1) After section 37B(1)(b) of the Racing Act 1958
insert—
"(ba) conduct audits of the internal animal welfare
processes and systems of each controlling
body to the extent that they relate to integrity
in racing;".
(2) After section 37B(1)(d)(v) of the Racing
Act 1958 insert—
"(vi) if the complaint relates to the animal welfare
processes and systems of a controlling body,
the relevant government agency;".
4 Section 55 substituted
For section 55 of the Racing Act 1958
substitute—
"55 Offences relating to greyhound races that
involve the use of an animal as a lure
(1) A person must not act as one of the
following in respect of a greyhound race that
involves the use of an animal as a lure for
pursuit by a greyhound—
(a) a steward;
(b) a starter;
(c) a lure driver;
(d) a judge.
Penalty: 100 penalty units.
(2) If a greyhound race involves the use of an
animal as a lure for pursuit by a greyhound,
the occupier of the ground on which that race
is held is guilty of an offence and liable to a
penalty not exceeding 100 penalty units.
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Part 2—Amendment of Racing Act 1958
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
5
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(3) If a greyhound race involves the use of an
animal as a lure for pursuit by a greyhound,
the promoter of that race is guilty of an
offence and liable to a penalty not exceeding
100 penalty units.
Note
It is an offence to use an animal as a lure in connection with
the training or racing of any coursing dog—see section 13 of
the Prevention of Cruelty to Animals Act 1986.".
5 Constitution of Board
(1) For section 69(2)(b) and (c) of the Racing
Act 1958 substitute—
"(b) at least one is a person who has experience
or expertise in animal welfare or ethics.".
(2) After section 69(3) of the Racing Act 1958
insert—
"(3A) The Minister may make a recommendation
referred to in subsection (3) if, in the
Minister's opinion, the person has the
necessary skills, experience and knowledge
to assist the Board to carry out its
functions.".
6 New section 71A inserted
After section 71 of the Racing Act 1958 insert—
"71A Appointment of administrator
(1) On the recommendation of the Minister, the
Governor in Council, by order published in
the Government Gazette, may appoint an
administrator to manage the greyhound
racing industry for the period of the
administration.
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Part 2—Amendment of Racing Act 1958
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
6
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(2) The Minister may make a recommendation
referred to in subsection (1) if, in the
Minister's opinion—
(a) the Board has failed to efficiently or
competently manage the greyhound
racing industry; or
(b) the appointment of an administrator is
otherwise in the public interest.
(3) On the appointment of an administrator—
(a) the members of the Board cease to hold
office; and
(b) subject to the order, the administrator
has all the functions and may exercise
all the powers of the Board.
(4) An administrator appointed under this
section—
(a) is appointed for the period and subject
to the terms and conditions specified in
the order; and
(b) is entitled to be paid any remuneration,
travelling and other allowances that the
Minister determines.
(5) An administrator ceases to hold office—
(a) on the appointment of members to the
Board in accordance with section 69; or
(b) on the appointment of another
administrator in accordance with this
section.
Note
See also section 41 of the Interpretation of
Legislation Act 1984.".
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Part 2—Amendment of Racing Act 1958
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
7
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7 Functions of Board
After section 75(ab) of the Racing Act 1958
insert—
"(aba) to promote and improve animal welfare
within the sport of greyhound racing;
(abb) to promote, and monitor compliance with,
the rules;".
8 Member of Board etc. may enter and inspect etc.
(1) In section 77A(1) and (2) of the Racing Act 1958
omit "at any reasonable hour".
(2) After section 77A(2) of the Racing Act 1958
insert—
"(2A) A member of the Board or any officer
authorised by the Board may enter premises
and exercise any other power under this
section—
(a) during the period commencing one
hour before sunrise and ending one
hour after sunset; and
(b) at any other time if the Board believes
on reasonable grounds that a person has
contravened or is contravening this Act
or the rules at or on the premises.".
9 New section 78 inserted
After section 77A of the Racing Act 1958
insert—
"78 Use or disclosure of information for the
Domestic Animals Act 1994
(1) An authorised person may—
(a) use any information in the register for
the purposes of enforcing Part 4AA of
the Domestic Animals Act 1994 or any
regulations made under that Part; or
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Part 2—Amendment of Racing Act 1958
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
8
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(b) disclose any information in the register
to a person appointed as an authorised
officer under section 71A or 72 of the
Domestic Animals Act 1994 for the
purposes of enforcing Part 4AA of the
Domestic Animals Act 1994 or any
regulations made under that Part.
(2) In this section—
authorised person means an officer,
authorised by the Board for the purpose
of section 77A, who is appointed under
section 71A of the Domestic Animals
Act 1994 as an authorised officer;
register means the register kept by the
Board relating to the registration of
greyhounds and greyhound racing
participants.".
10 Rules of Board
(1) After section 82(1A)(c) of the Racing Act 1958
insert—
"(ca) the welfare of greyhounds;".
(2) At the foot of section 82(1A) of the Racing
Act 1958 insert—
"Note
Under section 69(3) of the Domestic Animals Act 1994 the
Board must pay to the Treasurer money in respect of fees for
the registration of certain greyhounds for the purposes of
that Act.".
11 Members of the GRV Racing Appeals and
Disciplinary Board
In section 83D(1) of the Racing Act 1958, after
"members" insert ", of which one member must
have animal welfare or veterinary expertise".
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Part 2—Amendment of Racing Act 1958
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
9
Authorised by the Chief Parliamentary Counsel
12 New Part IX inserted
After Part VIII of the Racing Act 1958 insert—
"Part IX—Transitional
provisions—Racing and Other Acts
Amendment (Greyhound Racing
and Welfare Reform) Act 2016
104 Definition
In this Part—
amending Act means the Racing and Other
Acts Amendment (Greyhound
Racing and Welfare Reform)
Act 2016.
105 Saving of reconstituted Greyhound
Racing Victoria
(1) On and after the commencement of section 5
of the amending Act—
(a) the Board is taken to be the same body
as it was immediately before that
commencement; and
(b) no decision, matter or thing is to be
affected because of the amendments
made by section 5 of the amending Act;
and
(c) a member of the Board who held office
as a member immediately before that
commencement continues in office,
subject to this Act, after that
commencement on the same terms and
conditions on which the member held
office immediately before that
commencement.
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Part 2—Amendment of Racing Act 1958
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
10
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(2) Subsection (1) has effect despite anything to
the contrary in section 69 as amended by
section 5 of the amending Act.
(3) In this section—
Board has the same meaning as in Part III.
106 Saving of reconstituted GRV Racing
Appeals and Disciplinary Board
(1) On and after the commencement of
section 11 of the amending Act—
(a) the GRV Racing Appeals and
Disciplinary Board is taken to be the
same body as it was immediately before
that commencement; and
(b) no decision, matter or thing is to be
affected because of the amendments
made by section 11 of the amending
Act; and
(c) a member of the GRV Racing Appeals
and Disciplinary Board who held office
as a member immediately before that
commencement continues in office,
subject to this Act, after that
commencement on the same terms and
conditions on which the member held
office immediately before that
commencement.
(2) Subsection (1) has effect despite anything to
the contrary in section 83D as amended by
section 11 of the amending Act.
(3) In this section—
GRV Racing Appeals and Disciplinary
Board has the same meaning as in
Part IIIA.".
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Part 3—Amendment of Domestic Animals Act 1994
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
11
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Part 3—Amendment of Domestic Animals
Act 1994
13 Definitions
(1) In section 3(1) of the Domestic Animals
Act 1994, in the definition of domestic animal
business—
(a) in paragraph (b), after "to sell" insert
", other than GRV greyhounds";
(b) in paragraph (c), after "dogs or cats" insert
", other than GRV greyhounds".
(2) In section 3(1) of the Domestic Animals
Act 1994 insert the following definitions—
"business code of practice means a code of
practice made under section 59;
greyhound code of practice means a code of
practice made under section 63AC;
Greyhound Racing Victoria has the same
meaning as in Division 2 of Part III of the
Racing Act 1958;
GRV greyhound means a greyhound registered
with Greyhound Racing Victoria except a
greyhound that has—
(a) gone through a greyhound adoption
program operated by Greyhound
Racing Victoria; or
(b) been retired from the industry and is
being kept in the community as a pet
by a person who is not registered by
Greyhound Racing Victoria as a
greyhound racing participant;
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Part 3—Amendment of Domestic Animals Act 1994
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
12
Authorised by the Chief Parliamentary Counsel
keeping in relation to a GRV greyhound, includes
any one or more of the following activities—
(a) the breeding of a GRV greyhound;
(b) the rearing of a GRV greyhound;
(c) the training of a GRV greyhound;
(d) the breaking of a GRV greyhound;
(e) the racing of a GRV greyhound;
(f) the boarding of a GRV greyhound;
(g) any other activity that involves the care
of a GRV greyhound;
Note
The breaking of a greyhound involves teaching the
greyhound to jump from a starting box and to chase a lure.".
14 New Part 4AA inserted
After Part 4 of the Domestic Animals Act 1994
insert—
"Part 4AA—Keeping of GRV
greyhounds
63AC Making of greyhound codes of practice
(1) The Minister may make a code of practice
relating to the keeping of GRV greyhounds.
(2) A greyhound code of practice may specify
all or any of the following—
(a) standards for the keeping, treatment,
handling and care of GRV greyhounds;
(b) standards for the facilities, equipment
and conditions at premises where
GRV greyhounds are being kept;
(c) standards for the procedures and
practices to be adopted in relation to the
keeping of GRV greyhounds.
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Part 3—Amendment of Domestic Animals Act 1994
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
13
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(3) A greyhound code of practice may apply,
adopt or incorporate any matter contained in
any document, standard, rule, specification
or method, formulated, issued, prescribed or
published by any person whether—
(a) wholly or partially or as amended by
the code; or
(b) as formulated, issued, prescribed or
published at the time the code is made
or at any time before then.
Note
For the purposes of subsection (1) see section 3(1) for a
definition of keeping in relation to a GRV greyhound.
63AD Operation and availability of greyhound
code of practice
(1) A greyhound code of practice comes into
operation on the later of—
(a) the day specified in the code (if any),
which may be on or after the day on
which the code is made; or
(b) the day that the code is published in the
Government Gazette.
(2) A greyhound code of practice and any
documents incorporated in a greyhound code
of practice must be kept available for public
inspection at the principal office of the
Department and a copy of the code may be
purchased by any person at that office on
payment of the fee determined by the
Minister.
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Part 3—Amendment of Domestic Animals Act 1994
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
14
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63AE Non-compliance with greyhound code of
practice an offence
(1) A person who, or body which, keeps a GRV
greyhound must comply with any greyhound
code of practice applying to the keeping of
GRV greyhounds.
Penalty: In the case of a body corporate,
600 penalty units;
In any other case, 246 penalty
units.
(2) If a body, being a partnership or an
unincorporated body, contravenes
subsection (1), each reference to the body in
this section must be construed as a reference
to each member of the partnership, or of
the committee of management of the
unincorporated body (as the case may be).".
15 Payments to the Treasurer
After section 69(2) of the Domestic Animals
Act 1994 insert—
"(3) Greyhound Racing Victoria must pay to the
Treasurer $3.50 in respect of each
registration fee collected by it in each
financial year for the registration of a
GRV greyhound.
(4) Payments made under subsection (3) are
made for the purpose of the administration
of this Act in relation to GRV greyhounds
including—
(a) the education by the Department
of persons or bodies that keep
GRV greyhounds; and
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Part 3—Amendment of Domestic Animals Act 1994
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
15
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(b) the training by the Department of
authorised officers appointed under
section 71A who are persons authorised
under section 77A of the Racing
Act 1958; and
(c) the making of greyhound codes of
practice under section 63AC.
(5) In this section, GRV greyhound means a
GRV greyhound whelped after 1 January
2011.".
16 Due date for payments to the Treasurer
(1) In section 70 of the Domestic Animals Act 1994,
after "Treasurer" insert "under section 69(1)".
(2) At the end of section 70 of the Domestic Animals
Act 1994 insert—
"(2) Greyhound Racing Victoria must pay the
money required to be paid to the Treasurer
under section 69(3) in respect of a financial
year not later than 31 July next following the
end of that year.".
17 Consequential amendments
On the coming into operation of an item in
Schedule 1, the Domestic Animals Act 1994 is
amended as set out in that item.
18 Statute law revision amendment
In section 54(4) of the Domestic Animals
Act 1994, in the definition of specified offence,
for "1986 Act" substitute "Act 1986".
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Part 4—Amendment of Prevention of Cruelty to Animals Act 1986
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
16
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Part 4—Amendment of Prevention of
Cruelty to Animals Act 1986
19 Time for charging certain offences under this Act
In section 41AC of the Prevention of Cruelty to
Animals Act 1986, after "section 10," insert
"section 13,".
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Part 5—Repeal of amending Act
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
17
Authorised by the Chief Parliamentary Counsel
Part 5—Repeal of amending Act
20 Repeal of amending Act
This Act is repealed on 1 August 2018.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Schedule 1—Amendment of Domestic Animals Act 1994
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
18
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Schedule 1—Amendment of Domestic
Animals Act 1994
Section 17
1 In section 10B(1)(d), for "Code of Practice made
under section 59" substitute "business code of
practice".
2 In section 15(4)(d)(ii), for "Code of Practice made
under section 59" substitute "business code of
practice".
3 In section 33A(2)(b), for "Code of Practice made
under section 59" substitute "business code of
practice".
4 In section 47(1A), for "Code of Practice made
under section 59" substitute "business code of
practice".
5 In section 54(2)(a), for "Code of Practice"
substitute "business code of practice".
6 In section 58(2)(a), for "Code of Practice made
under section 59" substitute "business code of
practice".
7 In section 58H(2)(a), for "Code of Practice"
substitute "business code of practice".
8 For the heading to Division 4 of Part 4
substitute—
"Division 4—Business codes of practice".
9 In section 59—
(a) for the heading substitute—
"Making of business codes of practice";
(b) in subsection (1), for "Codes of Practice"
substitute "business codes of practice";
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Schedule 1—Amendment of Domestic Animals Act 1994
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
19
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(c) in subsections (2), (3) and (4), for "Code of
Practice" substitute "business code of
practice";
(d) in subsection (4)(a) and (b), for "Code"
substitute "code".
10 In section 60(1) and (2)(a), for "Code" substitute
"code".
11 In section 62—
(a) for "Code of Practice" substitute "business
code of practice";
(b) for "Code in" substitute "code in".
12 In section 63—
(a) for the heading substitute—
"Publication, operation and availability of
business code of practice";
(b) in subsection (2), for "Code comes"
substitute "business code of practice
comes";
(c) in subsection (2)(a) (wherever occurring)
and (b), for "Code" substitute "code";
(d) in subsection (3)—
(i) for "Code and" substitute "business
code of practice and";
(ii) for "Code" (where secondly and thirdly
occurring) substitute "code".
13 In section 63A—
(a) for the heading substitute—
"Non-compliance with business code of
practice an offence";
(b) in subsection (1), for "Code of Practice made
under section 59" substitute "business code
of practice".
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Schedule 1—Amendment of Domestic Animals Act 1994
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
20
Authorised by the Chief Parliamentary Counsel
14 In section 74—
(a) in subsection (1)(ca), after "Act" insert
"that relates to an offence under this Act
other than an offence under section 63AE";
(b) in subsection (1)(d), for "Code of Practice
made under this Act" substitute "business
code of practice";
(c) in subsection (1A)(c), for "Code of Practice
made under this Act" substitute "business
code of practice or greyhound code of
practice";
(d) in subsection (1A), for "or animal registry
services" substitute ", animal registry
services or the keeping of GRV
greyhounds";
(e) in subsection (1B)(d), for "Code of Practice
made under this Act" substitute "business
code of practice or greyhound code of
practice";
(f) in subsection (1C)(d), for "Code of Practice
made under this Act" substitute "business
code of practice or greyhound code of
practice".
15 In section 76A(3)—
(a) for "section 63A of this Act" substitute
"section 63A or 63AE";
(b) in subsection (3)(a), for "Code of Practice
made under section 59" substitute "business
code of practice or greyhound code of
practice".
16 In section 84O(3), for "Code of Practice made
under section 59" substitute "business code of
practice or greyhound code of practice".
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Schedule 1—Amendment of Domestic Animals Act 1994
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
21
Authorised by the Chief Parliamentary Counsel
17 In section 84Q(2)(bb), for "section 63A"
substitute "section 63A or 63AE".
18 In section 84WA(1), for "or 63A" substitute
", 63A or 63AE".
19 In the Table at the foot of section 85(1)—
(a) in Column 2 of the Table corresponding with
the item in Column 1 relating to authorised
officers appointed under section 71A, for
"63A," substitute "63A, 63AE,";
(b) in Column 2 of the Table corresponding with
the item in Column 1 relating to authorised
officers appointed under section 72, for
"63A," substitute "63A, 63AE,".
20 In section 88, for "section 63A" substitute
"section 63A or 63AE".
21 In section 100(1)(fc), for "section 63A" substitute
"section 63A or 63AE".
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Endnotes
Racing and Other Acts Amendment (Greyhound Racing and Welfare
Reform) Act 2016
No. 17 of 2016
22
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 9 December 2015
Legislative Council: 25 February 2016
The long title for the Bill for this Act was "A Bill for an Act to amend
the Racing Act 1958 in relation to Greyhound Racing Victoria, the
GRV Racing Appeals and Disciplinary Board, the Racing Integrity
Commissioner, the use of animals as lures in greyhound races, certain
enforcement powers and the use or disclosure of information, to amend
the Domestic Animals Act 1994 in relation to codes of practice for the
keeping of certain greyhounds and fees to be given by Greyhound Racing
Victoria to the Treasurer, to amend the Prevention of Cruelty to
Animals Act 1986 in relation to the time for charging certain offences
under that Act and for other purposes."
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