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Racing and Gaming Acts (Police Powers) Act 2005

Legislation · Victoria · 2020
i Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENT OF RACING ACT 1958 3 3. Definitions 3 4. New Division 5 of Part I inserted 4 Division 5—Exclusion Orders by Chief Commissioner of Police 4 33. Exclusion orders by Chief Commissioner of Police 4 34. Duration of exclusion orders 5 35. List and photographs of excluded persons 5 35A. Provision of list and photographs to stewards 6 35B. Excluded person not to enter race-course 6 35C. Notifying police of presence of excluded persons 6 35D. Police powers of entry to a race-course 6 5. New Schedule 2 inserted 7 Schedule 2—Specified Race-courses 7 PART 3—AMENDMENT OF CASINO CONTROL ACT 1991 14 6. Section 1 substituted 14 1. Purposes 14 7. Definitions 14 8. Amendment of section 74—Exclusion orders by Chief Commissioner of Police 15 9. Amendment of section 76—List of excluded persons 15 10. Section 77 substituted 16 77. Excluded person not to enter casino or casino complex 16 11. New section 77A inserted 16 77A. Proceedings against certain excluded persons 16 12. Amendment of section 78—Removal of excluded persons from casino 17 -- 1 of 21 -- Section Page ii 13. New sections 78AA and 78AB inserted 17 78AA. Notification requirements for exclusion orders made under section 74 17 78AB. Power of Commission and inspectors to notify 18 14. Amendment of section 78A 18 15. New section 169 inserted 18 169. Transitional provisions—Racing and Gaming Acts (Police Powers) Act 2005 18 ═══════════════ ENDNOTES 19 -- 2 of 21 -- 1 Racing and Gaming Acts (Police Powers) Act 2005 † [Assented to 13 September 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are to— (a) amend the Racing Act 1958 to enable the Chief Commissioner of Police to issue exclusion orders with respect to race- courses; Victoria No. 55 of 2005 -- 3 of 21 -- Part 1—Preliminary Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 2 (b) amend the Casino Control Act 1991 to expand the scope of exclusion orders issued by the Chief Commissioner of Police so that they apply to the Casino Complex. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 4 of 21 -- Part 2—Amendment of Racing Act 1958 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 3 PART 2—AMENDMENT OF RACING ACT 1958 3. Definitions (1) In section 3(1) of the Racing Act 1958— (a) insert the following definitions— ' "chief steward", in relation to a controlling body, means— (a) in the case of horse racing, the person appointed as chairman of stewards by Racing Victoria; (b) in the case of harness racing, the person appointed as chairman of stewards by Harness Racing Victoria; (c) in the case of greyhound racing, the person appointed as chief steward by Greyhound Racing Victoria; "controlling body" has the same meaning as in Part IIIB; "exclusion order" means a written order under section 33; "police member" means member of the force within the meaning of the Police Regulation Act 1958; "specified race-course" means— (a) an area of land described in an item in Schedule 2; (b) an area of land prescribed by the regulations to be a specified race- course for the purposes of Division 5; 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 -- 5 of 21 -- Part 2—Amendment of Racing Act 1958 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 4 "steward" has the same meaning as in Part IIIB.'; (b) in the definition of "spouse", for "married." substitute "married;". (2) After section 3(4) of the Racing Act 1958 insert— '(5) In this Part, the "duration of a race-meeting" must be determined in accordance with section 14A.'. 4. New Division 5 of Part I inserted After Division 4 of Part I of the Racing Act 1958 insert— "Division 5—Exclusion Orders by Chief Commissioner of Police 33. Exclusion orders by Chief Commissioner of Police (1) The Chief Commissioner of Police may, if he or she considers it necessary in the public interest, by written order given to a person, prohibit the person from entering, or remaining at— (a) a specified race-course; or (b) two or more specified race-courses— for the duration of a race-meeting at the race- course. (2) Nothing in this section empowers the Chief Commissioner of Police to make an exclusion order in respect of a person who holds a bookmaking licence or an occupational racing licence within the meaning of Part IIIC. s. 4 -- 6 of 21 -- Part 2—Amendment of Racing Act 1958 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 5 34. Duration of exclusion orders An exclusion order remains in force in respect of a person until it is revoked by the Chief Commissioner of Police. 35. List and photographs of excluded persons (1) The Chief Commissioner of Police must prepare and keep a list of names of persons who are the subject of an exclusion order and indicate the specified race-course to which that order relates. Note: Under section 37(c) of the Interpretation of Legislation Act 1984, words in the singular also include the plural. (2) The Chief Commissioner of Police must— (a) on the making of an exclusion order, add the name of the person the subject of the order to the list kept under sub- section (1); and (b) on the amendment of an exclusion order made with respect to the order's scope, add to or omit from the list kept under sub-section (1) a specified race- course in accordance with that amendment; and (c) on the revocation of an exclusion order, omit the name of the person who was the subject of the order from the list kept under sub-section (1). (3) The Chief Commissioner of Police must ensure that an up-to-date copy of a list kept under sub-section (1) is provided to the chief steward of each of the controlling bodies as soon as practicable after the list is prepared under that sub-section or amended under sub-section (2), as the case requires. s. 4 -- 7 of 21 -- Part 2—Amendment of Racing Act 1958 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 6 (4) The Chief Commissioner of Police must, if he or she has one, give to the chief steward of each of the controlling bodies a photograph of each person whose name is on the list provided to the chief steward under sub-section (3) as soon as practicable after the name of the person is added to the list. 35A. Provision of list and photographs to stewards The chief steward of a controlling body may give to a steward a copy of the up-to-date list and photographs provided to the chief steward under section 35. 35B. Excluded person not to enter race-course A person who is the subject of an exclusion order relating to a specified race-course must not enter, or remain at, the race-course at any time during the duration of a race-meeting. Penalty: 20 penalty units. 35C. Notifying police of presence of excluded persons A steward who reasonably believes that a person who is the subject of an exclusion order is at a specified race-course at any time during the duration of a race-meeting, must notify a police member as soon as practicable. 35D. Police powers of entry to a race-course A police member may, on being authorised by a steward so to do, enter any part of a specified race-course to which the public does not have access and remain there for the purpose of enforcing an exclusion order for the duration of a race-meeting.". s. 4 -- 8 of 21 -- Part 2—Amendment of Racing Act 1958 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 7 5. New Schedule 2 inserted After Schedule 1 to the Racing Act 1958 insert— "SCHEDULE 2 SPECIFIED RACE-COURSES Item 1—Beckley Park Situation of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation Parish of Moranghurk County of Grant being Crown Allotment 79E Order in Council dated 7 February 1984 Government Gazette dated 8 February 1984, page 400, less authorised excisions Racecourse and Recreation, temporary Item 2—Caulfield Racecourse Situation of land Crown Grant or Certificate of Title details Parish of Prahran at Caulfield, County of Bourke, being Crown Allotment A, subject to two reservations Volume 7275 Folio 814 Item 3—Cranbourne Racecourse Situation of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation Township of Cranbourne, Parish of Cranbourne, County of Mornington, being Crown Allotment 21H Order in Council dated 20 August 1888 Government Gazettes dated 13 July 1888, page 2304 and 24 August 1888, page 2658 Site for Racecourse and other purposes of Public Recreation, permanent s. 5 -- 9 of 21 -- Part 2—Amendment of Racing Act 1958 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 8 Situation of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation Parish of Cranbourne, County of Mornington being Crown Allotment 17G, formerly Lot 1 on Plan of Subdivision No. 210254M Order in Council dated 10 August 1999 Government Gazette dated 12 August 1999, page 1885 Racecourse and Public Recreation, temporary Item 4—Flemington Racecourse Situation of land Certificate of Title details Parish of Doutta Galla, County of Bourke, being Crown Allotment 28E Section 2, shown as Lot 1 on Title Plan 843408B Crown Lease: Volume 1205 Folio 019 Parish of Doutta Galla, County of Bourke, being Crown Allotment 28F section 2 Crown Lease: Volume 10757 Folio 757 Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 633379A, (formerly known as part of Crown Allotment 29) Volume 1428 Folio 407 Item 5—Geelong Racecourse Situation of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation City of Geelong, Parish of Corio, County of Grant, being Crown Allotment 14 of Section 6A Order in Council dated 30 July 1963 Government Gazette dated 7 August 1963, page 2436 Site for Public Racecourse and Recreation, temporary s. 5 -- 10 of 21 -- Part 2—Amendment of Racing Act 1958 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 9 Situation of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation City of Geelong, Parish of Corio, County of Grant, being Crown Allotment 13 of Section 6A Order in Council dated 30 July 1963 Government Gazette dated 7 August 1963, page 2436 Site for Public purposes (Car Park), temporary Item 6—Kilmore Racing Complex Situation of Land Instrument and date of reservation Description of land by reference to Government Gazette Crown Grant or Certificate of Title details Purpose of reservation Parish of Glenburnie, County of Dalhousie, being Crown Allotment 13M1 Order in Council dated 8 August 1887 Government Gazettes dated 8 July 1887, page 2011 and 12 August 1887, page 2408 Volume 1989 Folio 650 Site for a Racecourse and other purposes of Public Recreation, permanent Parish of Glenburnie, County of Dalhousie, being Crown Allotment 13M2 Order in Council dated 14 August 1973 Government Gazette dated 22 August 1973, pages 3015 and 3016 Site for Public Park and Gardens, temporary Parish of Glenburnie, County of Dalhousie, being Crown Allotment 13M3 Order in Council dated 14 August 1973 Government Gazette dated 22 August 1973, page 3015 Site for Racecourse and other purposes of Public Recreation, temporary s. 5 -- 11 of 21 -- Part 2—Amendment of Racing Act 1958 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 10 Situation of Land Instrument and date of reservation Description of land by reference to Government Gazette Crown Grant or Certificate of Title details Purpose of reservation Parish of Glenburnie, County of Dalhousie, being Crown Allotment 13M4 Order in Council dated 14 August 1973 Government Gazette dated 22 August 1973, pages 3015 and 3016 Site for Public Park and Gardens, temporary Item 7—Moonee Valley Racecourse Situation of land Crown Grant or Certificate of Title details Parish of Doutta Galla, County of Bourke, being Lots 1 to 45 inclusive on Title Plan 856995J, formerly known as part of Crown Allotment 4 Section 5, being Lots 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 158, 159, 160, 161, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202 and parts of lots 80, 100, 162, 163, 164, 165, 166, 167 and parts of roads and reserve on Plan of Subdivision 2241 Volume 9681 Folio 756 Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 107267A, formerly known as part of Crown Allotment 5 Section 5 Volume 9681 Folio 753 Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 107266C, formerly known as part of Crown Allotment 4 Section 5 Volume 9681 Folio 752 Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 107269V, formerly known as part of Crown Allotment 4 Section 5 Volume 9681 Folio 755 Parish of Doutta Galla, County of Bourke, being Lots 1 and 2 on Title Plan 107268X, formerly known as part of Crown Allotment 5 and 6 Section 5 Volume 9681 Folio 754 s. 5 -- 12 of 21 -- Part 2—Amendment of Racing Act 1958 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 11 Item 8—Mornington Racecourse Situation of Land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation Parish of Moorooduc, County of Mornington, being Crown Allotment B1 Order in Council dated 14 May 1974 Government Gazette dated 22 May 1974, pages 1740 and 1741, less authorised excision Site for Racecourse and Recreation, temporary Item 9—Pakenham Racecourse Situation of land Crown Grant or Certificate of Title details Parish of Nar-nar-goon, County of Mornington, being Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 on Title Plan 121556M, formerly known as Lots 31, 32, 33, 35, 36, 37, 38, 39, 40 and 41 on Plan of Subdivision 1337 Volume 10244 Folio 195 Parish of Nar-nar-goon, County of Mornington, being Lot 1 Title Plan 649221B, formerly known as part of Crown Portion 42 Volume 9897 Folio 958 Parish of Nar-nar-goon, County of Mornington, being Lot 3 on Plan of Subdivision 210772N Volume 9884 Folio 194 Parish of Nar-nar-goon, County of Mornington, being Crown Allotment 42A, freehold Volume 10115 Folio 011 Parish of Nar-nar-goon, County of Mornington, being land in Plan of Consolidation 100914 Volume 8944 Folio 332 s. 5 -- 13 of 21 -- Part 2—Amendment of Racing Act 1958 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 12 Item 10—Sandown Park Situation of land Crown Grant or Certificate of Title details Parish of Dandenong, County of Bourke, being Lot 1 on Title Plan 817734K, being the Land remaining untransferred in Volume 8795 Folio 787 Volume 8795 Folio 787 Item 11—Sandown Racecourse Situation of land Crown Grant or Certificate of Title details Parish of Dandenong, County of Bourke, being Lot 1 on Title Plan 710223H, formerly known as part of Lot 2 on Plan of Subdivision 48537 Volume 8349 Folio 488 Item 12—The Meadows Racecourse Situation of land Crown Grant or Certificate of Title details Parish of Will-will-rook, County of Bourke, being Lot 4 on Plan of Subdivision 348064G Volume 10389 Folio 017 Item 13—Werribee Racecourse Situation of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation Township of Werribee, (formerly known as Township Reserve of Wyndham), Parish of Mambourin, County of Grant, being Crown Allotment 25D Section 17 Order in Council dated 22 April 1861 Government Gazette dated 3 May 1861, pages 875 and 876 Racecourse and purposes of General Recreation, temporary s. 5 -- 14 of 21 -- Part 2—Amendment of Racing Act 1958 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 13 Item 14—Yarra Valley Racecourse Situation of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation Parish of Tarrawarra, County of Evelyn, being Crown Allotment 23B Section B Parish of Tarrawarra, County of Evelyn, being Crown Allotment 23C Section B (shown in gazettal as Allotment 23A Section B Parish of Tarrawarra) Order in Council dated 5 September 1974 Government Gazette dated 11 September 1974 pages 3371 and 3372 Site for Public purposes (Racecourse and Recreation), temporary ". __________________ s. 5 -- 15 of 21 -- Part 3—Amendment of Casino Control Act 1991 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 14 PART 3—AMENDMENT OF CASINO CONTROL ACT 1991 6. Section 1 substituted For section 1 of the Casino Control Act 1991 substitute— "1. Purposes The purposes of this Act are— (a) to establish a system for the licensing, supervision and control of casinos with the aims of— (i) ensuring that the management and operation of casinos remains free from criminal influence or exploitation; and (ii) ensuring that gaming in casinos is conducted honestly; and (iii) promoting tourism, employment, and economic development generally in the State; (b) to provide for actions that may be taken by the Chief Commissioner of Police with the aim of ensuring that the casino complex remains free from criminal influence or exploitation.". 7. Definitions In section 3(1) of the Casino Control Act 1991— (a) insert the following definition— ' "casino complex" means that part of the land shown in the colour grey on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment and numbered LEGL./05–141 that is open to the 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. 6 -- 16 of 21 -- Part 3—Amendment of Casino Control Act 1991 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 15 public but excluding that part of the land shown coloured grey and hatched on Crown Allotment 58E that is a road running under the building on that land;'. (b) in the definition of "exclusion order", after "a casino" insert "or the casino complex"; (c) in the definition of "public interest" or "interest of the public" for "sections 143 and 151" substitute "section 74". 8. Amendment of section 74—Exclusion orders by Chief Commissioner of Police (1) In section 74(1) of the Casino Control Act 1991— (a) after "may," insert "if he or she considers it necessary in the public interest,"; (b) after "a casino" insert "or the casino complex". (2) After section 74(1) of the Casino Control Act 1991 insert— "(1A) An order under sub-section (1) made in respect of the casino complex must include a copy of the plan lodged in the Central Plan Office of the Department of Sustainability and Environment and numbered LEGL./05–141.". 9. Amendment of section 76—List of excluded persons In section 76(1) of the Casino Control Act 1991 for "exclusion orders for the casino" substitute "exclusion orders under section 72 for the casino, or exclusion orders under section 74 for the casino or casino complex". s. 8 -- 17 of 21 -- Part 3—Amendment of Casino Control Act 1991 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 16 10. Section 77 substituted For section 77 of the Casino Control Act 1991 substitute— "77. Excluded person not to enter casino or casino complex (1) A person the subject of an exclusion order under section 72 relating to a casino must not enter or remain in the casino. Penalty: 20 penalty units. (2) A person the subject of an exclusion order under section 74 relating to a casino or the casino complex must not enter, or remain in, the casino or casino complex. Penalty: 20 penalty units. (3) A person the subject of an interstate exclusion order must not enter or remain in a casino. Penalty: 20 penalty units.". 11. New section 77A inserted After section 77 of the Casino Control Act 1991 insert— "77A. Proceedings against certain excluded persons Despite section 10.5.31 of the Gambling Regulation Act 2003, a proceeding for an offence against section 77(2) or (3) may only be brought by a member of the police force.". s. 10 -- 18 of 21 -- Part 3—Amendment of Casino Control Act 1991 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 17 12. Amendment of section 78—Removal of excluded persons from casino (1) In section 78(2) of the Casino Control Act 1991— (a) for "knows" substitute "reasonably believes"; (b) after "exclusion order" (where first occurring) insert "under section 72"; (c) omit "or interstate exclusion order". (2) In section 78(4)(a) of the Casino Control Act 1991 for "or interstate exclusion order" substitute "under section 72". 13. New sections 78AA and 78AB inserted After section 78 of the Casino Control Act 1991 insert— "78AA. Notification requirements for exclusion orders made under section 74 (1) This section applies to the following persons in a casino— (a) the person for the time being in charge of the casino; (b) an agent of the casino operator; (c) a casino employee. (2) A person to whom this section applies who reasonably believes that a person the subject of an exclusion order under section 74 or an interstate exclusion order is in the casino, must notify a member of the police force as soon as practicable. Penalty: 20 penalty units. s. 12 -- 19 of 21 -- Part 3—Amendment of Casino Control Act 1991 Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 18 78AB. Power of Commission and inspectors to notify (1) If the Commission or an inspector reasonably believes that a person the subject of an exclusion order under section 74 or an interstate exclusion order is in the casino, the Commission or inspector may notify a member of the police force. (2) A function of the Commission under this section may be performed by any commissioner.". 14. Amendment of section 78A In section 78A(1) of the Casino Control Act 1991 for "relating to the casino" (where secondly occurring) substitute "under section 72 or 74". 15. New section 169 inserted After section 168 of the Casino Control Act 1991 insert— '169. Transitional provisions—Racing and Gaming Acts (Police Powers) Act 2005 (1) In this section— "commencement day" means the day on which the Racing and Gaming Acts (Police Powers) Act 2005 comes into operation. (2) An exclusion order made under section 74 and in force immediately before the commencement day continues, until it is revoked, to have the same application in respect of a person on and after that day as it had before that day.'. ═══════════════ s. 14 -- 20 of 21 -- Racing and Gaming Acts (Police Powers) Act 2005 Act No. 55/2005 19 ENDNOTES † Minister's second reading speech— Legislative Assembly: 19 May 2005 Legislative Council: 18 August 2005 The long title for the Bill for this Act was "to amend the Racing Act 1958 to enable the Chief Commissioner of Police to issue exclusion orders with respect to race-courses, to amend the Casino Control Act 1991 to expand the scope of exclusion orders issued by the Chief Commissioner of Police under that Act and for other purposes." Endnotes -- 21 of 21 --