Racing and Gaming Acts (Police Powers) Act 2005
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
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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
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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
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Part 1—Preliminary
Racing and Gaming Acts (Police Powers) Act 2005
Act No. 55/2005
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(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.
__________________
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Part 2—Amendment of Racing Act 1958
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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
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Part 2—Amendment of Racing Act 1958
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Act No. 55/2005
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"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
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Part 2—Amendment of Racing Act 1958
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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.
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Part 2—Amendment of Racing Act 1958
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(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
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Part 2—Amendment of Racing Act 1958
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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
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Act No. 55/2005
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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
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Part 2—Amendment of Racing Act 1958
Racing and Gaming Acts (Police Powers) Act 2005
Act No. 55/2005
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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
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Act No. 55/2005
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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
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Part 2—Amendment of Racing Act 1958
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Act No. 55/2005
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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
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Part 2—Amendment of Racing Act 1958
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Act No. 55/2005
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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
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Part 2—Amendment of Racing Act 1958
Racing and Gaming Acts (Police Powers) Act 2005
Act No. 55/2005
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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
".
__________________
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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
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Part 3—Amendment of Casino Control Act 1991
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Act No. 55/2005
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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".
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Part 3—Amendment of Casino Control Act 1991
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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.".
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Act No. 55/2005
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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.
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Part 3—Amendment of Casino Control Act 1991
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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.'.
═══════════════
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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
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