Racing Amendment Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Racing Amendment Act 2015 No. 50 of 2015 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Amendments related to General Post Office Melbourne 2 4 Disclosure of information 3 5 Definitions 5 6 Harness Racing Victoria 6 7 New section 41A inserted 6 8 Section 44B substituted and new section 44BA inserted 7 9 Reporting on consultations 9 10 Definitions 9 11 New Part VIII inserted 10 12 Repeal of amending Act 10 ═══════════════ Endnotes 11 1 General information 11 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Racing Amendment Act 2015 † No. 50 of 2015 [Assented to 13 October 2015] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Racing Act 1958— (a) in relation to governance arrangements for Harness Racing Victoria; and (b) to specify bodies to which the Racing Integrity Commissioner may disclose integrity related information; and (c) to make other minor and technical amendments. Victoria -- 2 of 12 -- Racing Amendment Act 2015 No. 50 of 2015 2 Authorised by the Chief Parliamentary Counsel 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 2016, it comes into operation on that day. 3 Amendments related to General Post Office Melbourne (1) In section 3(1) of the Racing Act 1958— (a) the definition of General Post Office Melbourne is repealed; (b) in the definition of metropolitan race- course, for "General Post Office Melbourne" substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne". (2) In section 3(2)(a) of the Racing Act 1958— (a) for "General Post Office Melbourne" substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne"; (b) for "such post office" substitute "that corner". (3) In section 18(1) of the Racing Act 1958, for "General Post Office Melbourne" substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne". (4) In section 19A(1) of the Racing Act 1958, for "General Post Office Melbourne" substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne". (5) In section 22A(2) of the Racing Act 1958, for "General Post Office Melbourne" (where twice occurring) substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne". -- 3 of 12 -- Racing Amendment Act 2015 No. 50 of 2015 3 Authorised by the Chief Parliamentary Counsel (6) In section 51(1) of the Racing Act 1958, in the definition of metropolis, for "post office at the corner of Bourke and Elizabeth streets" substitute "north-east corner of Bourke and Elizabeth Streets". (7) In section 52B(1) of the Racing Act 1958, for "General Post Office Melbourne" substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne". (8) In section 63A(1) of the Racing Act 1958— (a) for "post office at the corner of Bourke and Elizabeth streets" substitute "north-east corner of Bourke and Elizabeth Streets"; (b) for "the said post office" substitute "that corner". (9) In section 63A(3)(b) of the Racing Act 1958, for "post office at the corner of Bourke and Elizabeth streets" substitute "north-east corner of Bourke and Elizabeth Streets". 4 Disclosure of information After section 37E(1)(id) of the Racing Act 1958 insert— "(ie) the following persons or bodies— (i) the ACT Gambling and Racing Commission established by section 5 of the Gambling and Racing Control Act 1999 of the Australian Capital Territory; (ii) the Australian Border Force within the meaning of the Australian Border Force Act 2015 of the Commonwealth; -- 4 of 12 -- Racing Amendment Act 2015 No. 50 of 2015 4 Authorised by the Chief Parliamentary Counsel (iii) the Australian Pesticides and Veterinary Medicines Authority continued by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth; (iv) the Director of Racing appointed under section 5 of the Racing Regulation Act 2004 of Tasmania; (v) the Gaming and Wagering Commission of Western Australia established under section 4 of the Gaming and Wagering Commission Act 1987 of Western Australia; (vi) Greyhound Racing New South Wales constituted by the Greyhound Racing Act 2009 of New South Wales; (vii) Greyhound Racing SA Limited ACN 094 569 525; (viii) Greyhounds Australasia Limited ACN 106 879 903; (ix) Harness Racing Australia Inc incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory; (x) Harness Racing New South Wales constituted by the Harness Racing Act 2009 of New South Wales; (xi) Harness Racing SA Limited ACN 094 559 930; (xii) the Northern Territory Racing Commission established by the Racing and Betting Act of the Northern Territory; -- 5 of 12 -- Racing Amendment Act 2015 No. 50 of 2015 5 Authorised by the Chief Parliamentary Counsel (xiii) the Queensland Racing Integrity Commissioner appointed under section 113AL of the Racing Act 2002 of Queensland; (xiv) Racing Analytical Services Ltd ACN 006 957 624; (xv) Racing and Wagering Western Australia established by section 4 of the Racing and Wagering Western Australia Act 2003 of Western Australia; (xvi) Racing Australia Pty Ltd ACN 105 994 330; (xvii) Racing New South Wales established by section 4 of the Thoroughbred Racing Act 1996 of New South Wales; (xviii) Racing Queensland Limited ACN 142 786 874; (xix) the Therapeutic Goods Administration of the Department of Health of the Commonwealth; (xx) Thoroughbred Racing NT Incorporated, being an association incorporated under the Associations Act of the Northern Territory; (xxi) Thoroughbred Racing SA Limited ACN 094 475 939; or". 5 Definitions In section 38(1) of the Racing Act 1958 insert the following definition— "Harness Racing Advisory Council means the body established under section 44B;". -- 6 of 12 -- Racing Amendment Act 2015 No. 50 of 2015 6 Authorised by the Chief Parliamentary Counsel 6 Harness Racing Victoria For section 39(2) of the Racing Act 1958 substitute— "(2) The Board consists of at least 5 but not more than 7 members appointed by the Governor in Council on the recommendation of the Minister. (2A) The Governor in Council, on the recommendation of the Minister, must appoint a member of the Board to be chairperson. (2B) The Minister may make a recommendation referred to in subsection (2) if, in the Minister's opinion, the individual has the necessary skills, experience and knowledge to assist the Board to carry out its functions.". 7 New section 41A inserted After section 41 of the Racing Act 1958 insert— "41A 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 harness racing industry for the period of the administration. (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 harness racing industry; or (b) the appointment of an administrator is otherwise in the public interest. -- 7 of 12 -- Racing Amendment Act 2015 No. 50 of 2015 7 Authorised by the Chief Parliamentary Counsel (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 instrument of appointment; 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 39; 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.". 8 Section 44B substituted and new section 44BA inserted For section 44B of the Racing Act 1958 substitute— "44B Harness Racing Advisory Council (1) The Board must establish a Harness Racing Advisory Council. -- 8 of 12 -- Racing Amendment Act 2015 No. 50 of 2015 8 Authorised by the Chief Parliamentary Counsel (2) The Harness Racing Advisory Council must be established within 3 months of the commencement of section 8 of the Racing Amendment Act 2015. (3) The Harness Racing Advisory Council consists of the following members appointed by the Board— (a) two members of the Board, one of whom is to be appointed chairperson; (b) at least 3 members who are nominees of organisations or persons who are representatives of the Victorian harness racing industry; (c) up to 2 persons who have experience or interest in the Victorian harness racing industry. (4) The Board must consult the Minister before appointing a person to be a member of the Harness Racing Advisory Council. (5) A member of the Harness Racing Advisory Council— (a) is appointed for the period and subject to the terms and conditions specified in the instrument of appointment; and (b) is entitled to be paid any travelling and other allowances that the Board determines. 44BA Functions of Harness Racing Advisory Council (1) The functions of the Harness Racing Advisory Council are— (a) to advise the Board on matters concerning harness racing; and -- 9 of 12 -- Racing Amendment Act 2015 No. 50 of 2015 9 Authorised by the Chief Parliamentary Counsel (b) to facilitate consultation between the Board and harness racing industry participants. (2) The Harness Racing Advisory Council may consider any matter referred to it by the Board. (3) The Board must issue general directions for the operation of the Harness Racing Advisory Council, including any procedures to be followed by the Council. (4) The Board must ensure that general directions issued under subsection (3) are published on its website. (5) The Harness Racing Advisory Council must comply with any general directions issued by the Board under subsection (3). (6) Subject to any direction of the Board issued under subsection (3) or otherwise, the Harness Racing Advisory Council may regulate its own procedure.". 9 Reporting on consultations In section 44C(a) of the Racing Act 1958— (a) in subparagraph (i), for "including" substitute "whether that consultation occurred directly or through the Harness Racing Advisory Council, including"; (b) in subparagraph (ii), after "participants" insert ", whether directly or through the Harness Racing Advisory Council". 10 Definitions In section 84 of the Racing Act 1958, in the definition of race-course, after "has" insert "in". -- 10 of 12 -- Racing Amendment Act 2015 No. 50 of 2015 10 Authorised by the Chief Parliamentary Counsel 11 New Part VIII inserted After Part VII of the Racing Act 1958 insert— "Part VIII—Transitional provisions—Racing Amendment Act 2015 103 Saving of reconstituted Harness Racing Victoria Board On and from the commencement of section 6 of the Racing Amendment Act 2015, despite the changes made to the membership of the Board of Harness Racing Victoria by that section— (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 those changes; and (c) a member of the Board who held office as a member immediately before that commencement continues in office after that commencement on the same terms and conditions on which the member held office immediately before that commencement.". 12 Repeal of amending Act This Act is repealed on 1 August 2017. 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). ═══════════════ -- 11 of 12 -- Endnotes Racing Amendment Act 2015 No. 50 of 2015 11 Authorised by the Chief Parliamentary Counsel 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: 19 August 2015 Legislative Council: 3 September 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Racing Act 1958 in relation to governance arrangements for Harness Racing Victoria and to specify bodies to which the Racing Integrity Commissioner may disclose integrity related information and for other purposes." -- 12 of 12 --