Racing and Gambling Acts (Amendment) Act 2005

i Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—RACING ACT 1958 3 3. Appeals to Racing Appeals Tribunal 3 4. New Part IVA inserted 5 PART IVA—RACING VICTORIA CENTRE LAND 5 95A. Application of Part 5 95B. Definition 5 95C. Surrender of Racing Victoria Centre land 5 95D. Crown lease 6 95E. Power to enter agreements to use, sub-lease or assign interest in Racing Victoria Centre land 7 95F. Registrar of Titles to make necessary amendments 8 PART 3—GAMBLING REGULATION ACT 2003 9 5. Definition 9 6. New section 2.5.16A inserted 9 2.5.16A Restrictions on publication of race fields 9 7. Certain communications etc. exempted 11 8. Health benefit levy 11 9. Repeal of spent amending Acts 12 10. Statute law revision—Gambling Regulation (Further Amendment) Act 2004 12 PART 4—CASINO CONTROL ACT 1991 14 11. Health benefit levy 14 ═══════════════ ENDNOTES 15 -- 1 of 16 -- 1 Racing and Gambling Acts (Amendment) Act 2005 † [Assented to 29 November 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to amend the Racing Act 1958 with respect to the Racing Victoria Centre land and appeals to the Racing Appeals Tribunal; Victoria No. 92 of 2005 -- 2 of 16 -- Part 1—Preliminary Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 2 (b) to amend the Gambling Regulation Act 2003 with respect to the publication of race fields and the health benefit levy; (c) to amend the Casino Control Act 1991 with respect to the health benefit levy; (d) to make statute law revision amendments to the Gambling Regulation (Further Amendment) Act 2004; (e) to repeal spent Acts. 2. Commencement (1) This Act (except sections 3 and 10) comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 10 is deemed to have come into operation on 21 December 2004. (3) Subject to sub-section (4), section 3 comes into operation on a day to be proclaimed. (4) If section 3 does not come into operation before 31 December 2005, it comes into operation on that day. __________________ s. 2 -- 3 of 16 -- Part 2—Racing Act 1958 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 3 PART 2—RACING ACT 1958 3. Appeals to Racing Appeals Tribunal (1) In section 83F of the Racing Act 1958, after the definition of "controlling body" insert— ' "horse racing appeals and disciplinary body" means a body— (a) the members of which are appointed by the directors of Racing Victoria under the Rules of Horse Racing, as made by Racing Victoria; and (b) which has the function of hearing and determining— (i) charges under those rules; and (ii) appeals from decisions of Stewards under those rules;'. (2) For section 83K(1) of the Racing Act 1958 substitute— "(1) Subject to this Part, a person upon whom a penalty has been imposed by— (a) in the case of harness racing and greyhound racing, the appropriate controlling body; (b) in the case of horse racing, the horse racing appeals and disciplinary body— may, within 14 days after the imposing of the penalty, in the prescribed form appeal to the Tribunal, and the Tribunal shall hear and determine the appeal.". See: Act No. 6353. Reprint No. 12 as at 26 September 2002 and amending Act Nos 45/2003, 96/2003, 114/2003, 45/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 4 of 16 -- Part 2—Racing Act 1958 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 4 (3) In section 83K of the Racing Act 1958— (a) in sub-section (4), for "controlling body" substitute "appropriate controlling body or the horse racing appeals and disciplinary body (as the case requires)"; (b) in sub-sections (5), (6) and (6C), after "controlling body" insert "or the horse racing appeals and disciplinary body (as the case requires)"; (c) in sub-section (9), for "or controlling body (as the case may be)" substitute ", the appropriate controlling body or the horse racing appeals and disciplinary body (as the case requires)". (4) For section 83K(10) of the Racing Act 1958 substitute— "(10) The determination of the Tribunal and any penalty arising from it are binding upon the appellant, the Steward or Stewards and— (a) in the case of harness racing, Harness Racing Victoria; (b) in the case of greyhound racing, Greyhound Racing Victoria; (c) in the case of horse racing, Racing Victoria and the horse racing appeals and disciplinary body.". (5) In section 83KA of the Racing Act 1958— (a) for sub-section (3)(b) substitute— "(b) make or substitute any decision which the appropriate controlling body or the horse racing appeals and disciplinary body (as the case requires) would have been empowered to make."; (b) sub-section (6) is repealed. s. 3 -- 5 of 16 -- Part 2—Racing Act 1958 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 5 4. New Part IVA inserted At the end of Part IV of the Racing Act 1958 insert— 'PART IVA—RACING VICTORIA CENTRE LAND 95A. Application of Part This Part has effect despite anything to the contrary in The Victoria Racing Club Act 1871, The Victoria Racing Club Act 1956, the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act, law, lease or other instrument. 95B. Definition In this Part— "Racing Victoria Centre land" means Crown Allotment 28F of Section 2, in the Parish of Doutta Galla, County of Bourke, being an area of 2⋅229 hectares. 95C. Surrender of Racing Victoria Centre land (1) The chairman of the committee of the Victoria Racing Club, by instrument, may surrender to the Crown the Racing Victoria Centre land which is vested in the chairman to be held on trust for the Victoria Racing Club under The Victoria Racing Club Act 1871 and described in Crown lease Volume 10757 Folio 757. s. 4 -- 6 of 16 -- Part 2—Racing Act 1958 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 6 (2) On the surrender of the land under sub- section (1)— (a) Crown lease Volume 10757 Folio 757 is revoked; and (b) the chairman of the committee of the Victoria Racing Club is freed and discharged from all further duties and liabilities under any trust in respect of that land; and (c) the Racing Victoria Centre land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. 95D. Crown lease (1) On or after the surrender of the Racing Victoria Centre land under section 95C, the Governor in Council, on behalf of the Crown, may grant a lease of the Racing Victoria Centre land to Racing Victoria for the purposes of the administration of horse racing, including— (a) the use of that land for purposes connected with and for the benefit of horse racing and other sports in Victoria; and (b) training, research and analytical testing. (2) A lease under sub-section (1) may be for an initial term not exceeding 64 years. s. 4 -- 7 of 16 -- Part 2—Racing Act 1958 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 7 (3) A lease granted under sub-section (1)— (a) may contain provision for the term of the lease to be extended one or more times, but— (i) each extension of the term must not exceed 64 years; and (ii) the aggregate of the initial term and any extensions of the term must not exceed 99 years; and (b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and (c) is subject to any other covenants, exceptions, reservations and conditions that are determined by the Governor in Council. 95E. Power to enter agreements to use, sub- lease or assign interest in Racing Victoria Centre land (1) Subject to sub-section (2), on or after granting a Crown lease of the Racing Victoria Centre land under section 95D, Racing Victoria may use, sub-let or assign its interest in the Racing Victoria Centre land or any part of that land if, in the opinion of Racing Victoria the use, letting or assignment— (a) is for a purpose consistent with the purposes specified in section 95D; and (b) will not prevent or hinder Racing Victoria from carrying out its functions. s. 4 -- 8 of 16 -- Part 2—Racing Act 1958 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 8 (2) Racing Victoria must obtain the written approval of the Minister before exercising a power under sub-section (1). (3) An agreement to use, a sub-lease or an assignment of an interest entered into under this section— (a) may be for a term determined by Racing Victoria not exceeding 21 years; and (b) is subject to any other covenants, exceptions, reservations and conditions that are determined by Racing Victoria. 95F. Registrar of Titles to make necessary amendments The Registrar of Titles, on being requested to do so, must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.'. __________________ s. 4 -- 9 of 16 -- Part 3—Gambling Regulation Act 2003 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 9 PART 3—GAMBLING REGULATION ACT 2003 5. Definition In section 1.3(1) of the Gambling Regulation Act 2003, after the definition of "race" insert— ' "race field" means any information that identifies, or is capable of identifying, the names or numbers of the horses or greyhounds— (a) nominated for, or which will otherwise take part in, an intended horse race, harness race or greyhound race to be conducted in Victoria; or (b) that have been scratched or withdrawn from an intended horse race, harness race or greyhound race to be conducted in Victoria;'. 6. New section 2.5.16A inserted After section 2.5.16 of the Gambling Regulation Act 2003 insert— '2.5.16A Restrictions on publication of race fields (1) A wagering service provider must not, in Victoria or elsewhere, publish or otherwise make available a race field in the course of business without the approval of the appropriate controlling body. Penalty: 60 penalty units. (2) Sub-section (1) does not apply to— (a) the licensee within the meaning of Chapter 4; or (b) the wagering operator; or See: Act No. 114/2003 and amending Act Nos 10/2004, 16/2004, 33/2004, 45/2004, 54/2004, 70/2004, 104/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au s. 5 -- 10 of 16 -- Part 3—Gambling Regulation Act 2003 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 10 (c) an approved bookmaker; or (d) a publication that is approved under section 2.5.19. (3) In this section— "betting exchange" means a facility, electronic or otherwise, that provides a mechanism through which— (a) offers to enter into wagering contracts are regularly made and accepted; or (b) offers or invitations to enter into wagering contracts are regularly made that are intended to result, or may reasonably be expected to result, directly or indirectly, in the acceptance of the offers or invitations; "controlling body" has the same meaning as in section 83F of the Racing Act 1958; "publish" means publish or disseminate, or cause to be published or disseminated, in any form or by any method of communication; "wagering contract" means a contract, arrangement or understanding— (a) to make a bet or wager; or (b) to enter into or take a share or interest in another transaction that involves a bet or wager; s. 6 -- 11 of 16 -- Part 3—Gambling Regulation Act 2003 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 11 "wagering service provider" means— (a) a person who operates a totalisator in Victoria or elsewhere; (b) a person who operates a betting exchange in Victoria or elsewhere; (c) a person who, in Victoria or elsewhere, carries on the business of, or acts as, a bookmaker or turf commission agent; (d) a person who, in Victoria or elsewhere, gains or endeavours to gain their livelihood wholly or partly by betting or making wagers; (e) an employee or agent of a person mentioned in paragraph (a), (b), (c) or (d).'. 7. Certain communications etc. exempted In section 2.5.19 of the Gambling Regulation Act 2003— (a) in sub-section (1), after "betting odds" insert "or race fields"; (b) in sub-section (2), for "betting odds prevailing at a race meeting" substitute "betting odds prevailing at, or race fields relating to, a race meeting". 8. Health benefit levy (1) In the formula set out in section 3.6.3(1) of the Gambling Regulation Act 2003, for "$1533.33" substitute "$3033.33". s. 7 -- 12 of 16 -- Part 3—Gambling Regulation Act 2003 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 12 (2) After section 3.6.3(4) of the Gambling Regulation Act 2003 insert— "(5) Sub-section (1) as amended by section 8(1) of the Racing and Gambling Acts (Amendment) Act 2005 applies to the health benefit levy for the financial year beginning on 1 July 2005 and each subsequent financial year.". 9. Repeal of spent amending Acts The following Acts are repealed— (a) the Gaming Machine Control (Amendment) Act 1993; (b) the Gaming Machine Control (General Amendment) Act 1993; (c) the Gaming Machine Control (Community Support Fund) Act 1996; (d) the Gaming Acts (Miscellaneous Amendment) Act 1997. 10. Statute law revision—Gambling Regulation (Further Amendment) Act 2004 (1) Section 36(6) of the Gambling Regulation (Further Amendment) Act 2004 is repealed. (2) For section 36(7) of the Gambling Regulation (Further Amendment) Act 2004 substitute— '(7) For section 10.4.3(3)(b) of the Principal Act substitute— "(b) any commissioner, in relation to an application for— (i) a gaming industry employee's licence; (ii) approval as a nominee of a venue operator under section 3.4.14; s. 9 -- 13 of 16 -- Part 3—Gambling Regulation Act 2003 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 13 (iii) approval as a nominee of a bingo centre operator under section 8.5.9; (iv) approval as a nominee of a commercial raffle organiser under section 8.5A.10.".'. (3) Section 36(9) of the Gambling Regulation (Further Amendment) Act 2004 is repealed. (4) For section 36(10) of the Gambling Regulation (Further Amendment) Act 2004 substitute— '(10) For section 10.4.4(3)(b) of the Principal Act substitute— "(b) any commissioner, in relation to an application for— (i) a gaming industry employee's licence; (ii) approval as a nominee of a venue operator under section 3.4.14; (iii) approval as a nominee of a bingo centre operator under section 8.5.9; (iv) approval as a nominee of a commercial raffle organiser under section 8.5A.10.".'. __________________ s. 10 -- 14 of 16 -- Part 4—Casino Control Act 1991 Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 14 PART 4—CASINO CONTROL ACT 1991 11. Health benefit levy (1) In the formula set out in section 114A(1) of the Casino Control Act 1991, for "$1533.33" substitute "$3033.33". (2) For section 114A(5) of the Casino Control Act 1991 substitute— "(5) Sub-section (1) as amended by section 11(1) of the Racing and Gambling Acts (Amendment) Act 2005 applies to the health benefit levy for the financial year beginning on 1 July 2005 and each subsequent financial year.". ═══════════════ See: Act No. 47/1991. Reprint No. 6 as at 1 July 2004 and amending Act Nos 33/2004, 104/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au s. 11 -- 15 of 16 -- Racing and Gambling Acts (Amendment) Act 2005 Act No. 92/2005 15 ENDNOTES † Minister's second reading speech— Legislative Assembly: 26 May 2005 Legislative Council: 15 September 2005 The long title for the Bill for this Act was "to amend the Racing Act 1958 with respect to the Racing Victoria Centre land and appeals to the Racing Appeals Tribunal, to amend the Gambling Regulation Act 2003 with respect to the publication of race fields and the health benefit levy, to amend the Casino Control Act 1991 with respect to the health benefit levy, to amend the Gambling Regulation (Further Amendment) Act 2004, to repeal spent Acts and for other purposes." Endnotes -- 16 of 16 --