Racing (Racing Victoria Ltd) Act 2001

i Racing (Racing Victoria Ltd) Act 2001 Act No. 35/2001 TABLE OF PROVISIONS Section Page 1. Purposes 1 2. Commencement 2 3. Definition 2 4. Insertion of new sections 3A and 3B 2 3A. Certification of company to be Racing Victoria 2 3B. Repeal or modification of constitution of Racing Victoria 3 5. Insertion of new sections 96A and 96B 4 96A. Transitional provision for introduction of Racing Victoria—Racing (Racing Victoria Ltd) Act 2001 4 96B. Operation of Racing (Racing Victoria Ltd) Act 2001 8 6. Further amendment of the Racing Act 1958 8 7. Amendments to the Gaming and Betting Act 1994 8 8. Amendments to the Accident Compensation Act 1985 8 __________________ SCHEDULES 12 SCHEDULE 1—Amendments to the Racing Act 1958 12 SCHEDULE 2—Insertion of new Schedule 1 in the Racing Act 1958 15 ═══════════════ ENDNOTES 25 -- 1 of 26 -- 1 Racing (Racing Victoria Ltd) Act 2001† [Assented to 19 June 2001] The Parliament of Victoria enacts as follows: 1. Purposes The purposes of this Act are to amend the Racing Act 1958— (a) to provide for the recognition of a body to be responsible for the carrying out of certain powers and functions relating to horse racing; and (b) to confer powers and functions on that body; and (c) to provide for other related matters. Victoria No. 35 of 2001 -- 2 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 2 2. Commencement (1) This section and sections 1 and 4 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day to be proclaimed. (3) A day must not be fixed for the coming into operation of the remaining provisions of this Act that is before the day on which a certification made by the Minister under section 3A(1) of the Racing Act 1958 takes effect. 3. Definition In section 3(1) of the Racing Act 1958 insert the following definition— ' "Racing Victoria" means the company certified by the Minister under section 3A(1) to be Racing Victoria;'. 4. Insertion of new sections 3A and 3B After section 3 of the Racing Act 1958 insert— "3A. Certification of company to be Racing Victoria (1) For the purposes of this Act, the Minister may certify that a company is Racing Victoria. (2) The Minister must not make a certification under sub-section (1) unless— (a) the company is registered as a company limited by guarantee; and s. 2 See: Act No. 6353. Reprint No. 11 as at 3 July 2000 and amending Act No. 74/2000. LawToday: www.dms. dpc.vic. gov.au -- 3 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 3 (b) the Minister is satisfied that the constitution of the company includes provisions as set out in Schedule 1 or that are to the effect of the provisions set out in Schedule 1. (3) As soon as possible after making a certification under sub-section (1), the Minister must cause the certification and a copy of the constitution of the company to be published in the Government Gazette. (4) A certification under sub-section (1) has effect from the beginning of the day on which it is published in the Government Gazette. (5) Once the Minister has made a certification under sub-section (1), the power to make the certification is exhausted and the Minister does not have the power to make any further certification under that sub-section. 3B. Repeal or modification of constitution of Racing Victoria (1) If Racing Victoria resolves, by special resolution, to modify or repeal its constitution or a provision of its constitution, the company, on making such a special resolution, must notify the Minister of the special resolution. (2) The Minister must cause a copy of a notification given under sub-section (1) to be laid before each House of Parliament, on or before the first sitting day of that House that occurs on or after 30 days from the day on which the Minister received the notification. (3) A House of Parliament may, on or before the 6th sitting day of that House after a copy of s. 4 -- 4 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 4 the notification is laid before it under sub- section (2), resolve to disapprove the special resolution. (4) If a House of Parliament is prorogued or the Legislative Assembly is dissolved— (a) the prorogation or dissolution does not affect the power of the House to pass a resolution disapproving the special resolution; and (b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution. (5) Within 14 days after the last day on which a special resolution could be disapproved by a House of Parliament, the Minister must cause to be published in the Government Gazette a certification as to whether or not the special resolution has been disapproved by a House of Parliament. (6) A special resolution which has been disapproved by a House of Parliament has no effect. (7) A special resolution which has not been disapproved by either House of Parliament cannot have effect until on or after the publication of the certification under sub- section (5).". 5. Insertion of new sections 96A and 96B At the end of Part V of the Racing Act 1958 insert— '96A. Transitional provision for introduction of Racing Victoria—Racing (Racing Victoria Ltd) Act 2001 (1) In this section— s. 5 -- 5 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 5 "amending Act" means the Racing (Racing Victoria Ltd) Act 2001; "appointed day" means the day on which sections 3 and 6 of the amending Act come into operation; "Club" means The Victoria Racing Club. (2) On and from the appointed day— (a) an authorisation made by the Club under section 7 and in force immediately before the appointed day, is deemed to continue in force as if it had been made by Racing Victoria; (b) a date or time for a horse race-meeting, that has been fixed by or under rules of the Club and in force immediately before the appointed day, is to be taken to be the date or time of the horse race- meeting as if it had been fixed by Racing Victoria; (c) an appeal made under Part IIIB against a decision of the Club, that has been commenced but not completed immediately before the appointed day, is deemed to be an appeal against a decision of Racing Victoria; (d) a right of appeal under Part IIIB against a decision of the Club, that is in existence but has not been exercised immediately before the appointed day, is deemed to be a right of appeal against a decision of Racing Victoria; (e) an appeal made under Part IIIC against a decision of the Club, that has been commenced but not completed immediately before the appointed day, s. 5 -- 6 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 6 is deemed to be an appeal against a decision of Racing Victoria; (f) a right of appeal under Part IIIC against a decision of the Club, that is in existence but has not been exercised immediately before the appointed day, is deemed to be a right of appeal against a decision of Racing Victoria; (g) a club bookmaker's licence within the meaning given by section 84 issued by the Club in accordance with Part IV, that is in force immediately before the appointed day, is deemed to continue in force as if it had been issued by Racing Victoria; (h) rules made by the Committee of the Club under section 91A and under section 91B and in force immediately before the appointed day, are deemed to be rules made by Racing Victoria. (3) On and from the appointed day— (a) a picnic race-meeting permit issued by the Minister under section 18, that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 18 made by the amending Act; (b) a point-to-point steeplechase permit issued by the Minister under section 20, that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 20 made by the amending Act; s. 5 -- 7 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 7 (c) a racing club licence issued by the Minister under section 24A, that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 24A made by the amending Act; (d) the appointment of the member of the Bookmakers and Bookmakers' Clerks Registration Committee under section 85(2)(b), that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 85(2)(b) made by the amending Act. (4) On and from the appointed day— (a) all rights, property and assets of the Club in relation to the fund established under section 91C by the Club, that immediately before the appointed day were vested in the Club, vest in Racing Victoria; (b) all debts, liabilities and obligations of the Club, in relation to the fund established under section 91C by the Club, existing immediately before the appointed day, become debts, liabilities and obligations of Racing Victoria; (c) any guidelines issued by the Club under section 91C(5), for the purposes of the fund established under section 91C by the Club, and in force immediately before the appointed day, are deemed to be guidelines issued by Racing Victoria. s. 5 -- 8 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 8 96B. Operation of Racing (Racing Victoria Ltd) Act 2001 This Act, as amended by any provision of the Racing (Racing Victoria Ltd) Act 2001, has effect despite any provision of the Corporations (Victoria) Act 1990 or of the applicable provisions (as defined in that Act) of the State.'. 6. Further amendment of the Racing Act 1958 The Racing Act 1958 is amended as set out in Schedules 1 and 2. 7. Amendments to the Gaming and Betting Act 1994 (1) In the definition of "licensed club" in section 3(1) of the Gaming and Betting Act 1994, omit "The Victoria Racing Club,". (2) In section 114(2)(c) of the Gaming and Betting Act 1994, for "The Victoria Racing Club" substitute "Racing Victoria". 8. Amendments to the Accident Compensation Act 1985 (1) In section 16 of the Accident Compensation Act 1985— (a) in sub-section (3)(a), for "The Victoria Racing Club" substitute "Racing Victoria"; (b) in sub-section (4)— (i) in paragraph (a), for "The Victoria Racing Club" substitute "Racing Victoria"; s. 6 See: Act No. 37/1994. Reprint No. 2 as at 10 February 2000 and amending Act Nos 41/1999, 6/2000, 74/2000 and 88/2000. LawToday: www.dms. dpc.vic. gov.au See: Act No. 10191. Reprint No. 10 as at 1 July 2000 and amending Act Nos 54/2000, 74/2000, 84/2000 and 97/2000. LawToday: www.dms. dpc.vic. gov.au -- 9 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 9 (ii) in paragraph (b), for "The Victoria Racing Club" substitute "Racing Victoria"; (iii) for "The Victoria Racing Club" substitute "Racing Victoria". (2) At the end of section 16 of the Accident Compensation Act 1985 insert— '(5) On and from the relevant day for the purposes only of this Act— (a) the liability of The Victoria Racing Club to pay compensation under this Act in respect of a relevant injury is transferred to Racing Victoria; (b) the liability of The Victoria Racing Club at common law or otherwise in respect of a relevant injury is transferred to Racing Victoria; (c) for the purposes of Parts III, IV and VI and section 242, Racing Victoria is deemed to be the employer in respect of each person who has suffered a relevant injury; (d) a WorkCover insurance policy obtained and kept in force by Racing Victoria is deemed to indemnify Racing Victoria in respect of all liabilities transferred to Racing Victoria under this sub-section and the premium payable for such a policy may be calculated in accordance with the premiums order as if— (i) claims in respect of relevant injuries had been made against Racing Victoria; and s. 8 -- 10 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 10 (ii) remuneration under sub-section (4) has been paid or was payable by Racing Victoria; (e) in— (i) any claim or application made under this Act by or against The Victoria Racing Club; and (ii) any proceeding brought by or against The Victoria Racing Club— in relation to a relevant injury suffered by a person, that has not been finalised, settled or determined, Racing Victoria is deemed to be substituted for The Victoria Racing Club as a party to the claim, application or proceeding. (6) In sub-section (5)— "relevant day" means the day on which section 8 of the Racing (Racing Victoria Ltd) Act 2001 comes into operation; "relevant injury" means— (a) an injury to a person who, at the time of the injury, was, under sub- section (4), deemed to be a worker employed by The Victoria Racing Club, being an injury— (i) that occurred before the relevant day; and (ii) that arose out of, or in the course of or was due to the nature of the deemed employment under sub- section (4); and s. 8 -- 11 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 11 (b) the death of a person who suffered an injury to which paragraph (a) applies, if the death resulted from or was materially contributed to by the injury. (7) For the purposes of giving effect to sub- section (5), The Victoria Racing Club must transfer to Racing Victoria all relevant documents and reports that are in the possession, or under the control, of The Victoria Racing Club. (8) In this section, "Racing Victoria" has the same meaning as in the Racing Act 1958.'. __________________ s. 8 -- 12 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 12 SCHEDULES SCHEDULE 1 AMENDMENTS TO THE RACING ACT 1958 1. In paragraph (b) of the definition of "specified body" in section 5B(2), for "the Victoria Racing Club" substitute "Racing Victoria". 2. In section 6(1)— (a) in paragraph (b) omit "The Victoria Racing Club,"; (b) in paragraph (c), for "The Victoria Racing Club" substitute "Racing Victoria". 3. In section 7, for "The Victoria Racing Club" (wherever occurring) substitute "Racing Victoria". 4. In section 14B, for "The Victoria Racing Club" substitute "Racing Victoria". 5. In section 18— (a) in sub-section (1), for "The Victoria Racing Club" (wherever occurring) substitute "Racing Victoria"; (b) in sub-section (2), for "The Victoria Racing Club" substitute "Racing Victoria"; (c) in sub-section (4)(b), for "The Victoria Racing Club" substitute "Racing Victoria"; (d) in sub-section (6), for "The Victoria Racing Club" substitute "Racing Victoria". 6. In section 20— (a) in sub-section (1), for "The Victoria Racing Club" (wherever occurring) substitute "Racing Victoria"; (b) in sub-section (2), for "The Victoria Racing Club" substitute "Racing Victoria"; (c) in sub-section (4)(b), for "The Victoria Racing Club" substitute "Racing Victoria"; (d) in sub-section (6), for "The Victoria Racing Club" substitute "Racing Victoria". 7. In section 24A— Sch. 1 -- 13 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 13 (a) in sub-section (1)(a), for "The Victoria Racing Club" substitute "Racing Victoria"; (b) in sub-section (10)(b), for "The Victoria Racing Club" substitute "Racing Victoria". 8. In paragraph (a) of the definition of "controlling body" in section 83F, for "the Victoria Racing Club" substitute "Racing Victoria". 9. In section 83K(4C), for "The Victoria Racing Club" (wherever occurring) substitute "Racing Victoria". 10. In section 84— (a) in the definition of "club bookmaker's licence", for "The Victoria Racing Club" substitute "Racing Victoria"; (b) in paragraph (a) of the definition of "controlling body", for "The Victoria Racing Club" substitute "Racing Victoria"; (c) in the definition of "racing club", after "race-meetings" insert "but does not include Racing Victoria, the Harness Racing Board and the Greyhound Racing Control Board". 11. In section 85(2)(b), for "the Victoria Racing Club" substitute "Racing Victoria". 12. In section 91— (a) in sub-section (1)(b), for "The Victoria Racing Club" substitute "Racing Victoria"; (b) in sub-section (1A)— (i) for "The Victoria Racing Club" substitute "Racing Victoria"; (ii) for "any other racing club" substitute "any racing club"; (c) in sub-section (1B), for "any other racing club" substitute "any racing club"; (d) in sub-section (1C), for "any other racing club" substitute "any racing club"; (e) in sub-section (1D), for "the Victoria Racing Club" substitute "Racing Victoria". 13. In section 91A(1)— (a) for "the Committee of The Victoria Racing Club" substitute "Racing Victoria"; Sch. 1 -- 14 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 14 (b) in paragraph (a), for "The Victoria Racing Club" substitute "Racing Victoria"; (c) in paragraph (b), for "The Victoria Racing Club" substitute "Racing Victoria". 14. In section 91B(1), omit "(or, in the case of The Victoria Racing Club, the Committee of the controlling body)". 15. In paragraph (b) of the definition of "relevant authority" in section 94A(11), for "the Victoria Racing Club" substitute "Racing Victoria". __________________ Sch. 1 -- 15 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 15 SCHEDULE 2 INSERTION OF NEW SCHEDULE 1 IN THE RACING ACT 1958 At the end of the Racing Act 1958 insert— 'SCHEDULE 1 REQUIREMENTS FOR THE CONSTITUTION OF RACING VICTORIA 1. Incorporation of the company (1) The name of the company is to be Racing Victoria Limited. (2) The company is to be registered as a company limited by guarantee. 2. Members The members of the company are to be— (a) the Victoria Racing Club; (b) the Victoria Amateur Turf Club; (c) the Moonee Valley Racing Club Inc; (d) the Victorian Country Racing Council Inc. 3. Object The object of the company is to develop, encourage and manage the conduct of thoroughbred racing in Victoria in a manner which— (a) promotes Victoria as a centre of thoroughbred racing excellence; (b) promotes probity in conducting thoroughbred racing; (c) promotes effectiveness and efficiency in the management of the business performance of the thoroughbred racing industry; (d) promotes the provision of excellent service to customers of the thoroughbred racing industry; Sch. 2 -- 16 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 16 (e) promotes the widest possible participation in thoroughbred racing, particularly participation by women and young persons; (f) promotes the provision of economic benefits to the State and to participants and stakeholders in thoroughbred racing and to communities in which thoroughbred racing operates; (g) has regard to the need to— (i) promote Victorian country thoroughbred racing; (ii) encourage responsible wagering and gaming; (iii) promote employment within the thoroughbred racing industry; (h) is independent and free from improper external commercial influence particularly in respect of sponsorship agreements and activities. 4. Powers and functions The company is to have the legal capacity and power— (a) to exercise any power and perform any function conferred by or under this Act on the company certified by the Minister under section 3A to be Racing Victoria; (b) to exercise any power and perform any function conferred by any rules relating to the proper management of thoroughbred racing in Victoria made by the Australian Racing Board; (c) to receive funding from the TABCORP joint venture as the body responsible for managing thoroughbred racing in Victoria; (d) to act as the representative of thoroughbred racing, in particular in relation to— (i) the TABCORP joint venture; (ii) the Australian Racing Board; (iii) Racing Analytical Services Ltd; Sch. 2 -- 17 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 17 (e) to market Victorian thoroughbred racing; (f) to act as the representative of Victorian thoroughbred racing clubs. 5. Board of Directors (1) Subject to provisions relating to casual vacancies and additional appointments, the Board of Directors of the company is to be comprised of the following— (a) 5 persons appointed by the Appointment Panel; (b) 1 person nominated by the Victoria Racing Club; (c) 1 person nominated by the Victoria Amateur Turf Club; (d) 1 person nominated by the Moonee Valley Racing Club Inc; (e) 2 persons nominated by the Victorian Country Racing Council Inc; (f) the Chief Executive of the Company appointed by the Board. (2) The body making an appointment referred to in sub-clause (1)(a) and any body making a nomination referred to in sub- clause (1)(b), (c), (d) or (e)— (a) must ensure that the person so appointed or nominated has knowledge of or experience in one or more of the following areas— (i) business, finance, marketing, technology or administration; (ii) the thoroughbred racing industry; (b) must ensure that the person so appointed or nominated has the capacity to ensure best practice in the management of thoroughbred racing; (c) must have regard to the need to have a diversity of skills and expertise on the Board. (3) Despite sub-clause (4), a person who holds an office in any racing club, either as a committee member or employee, may be nominated and hold office as a nominated Director until the first annual general meeting of the members of the company. Sch. 2 -- 18 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 18 (4) A Director must not have any real, perceived or potential material conflict of interest in respect of the status or position or the performance of the duties or responsibilities as a Director, which may reasonably be regarded as likely to have a significant adverse effect on either the ability of the Director to properly perform his or her duties or responsibilities as a Director or on the reputation of the Board or both, whether arising by reason of the Director or any person associated with the Director— (a) holding any office or position; or (b) holding any licence, permit or registration; or (c) having any direct or indirect interest in any enterprise or property; or (d) for any other reason. 6. Chairperson and deputy chairperson (1) The first appointment of the chairperson is to be made by the Appointment Panel, from the appointed Directors. (2) The first appointment of the deputy chairperson is to be made by the Board, from the appointed Directors. (3) Any other appointment of the chairperson and the deputy chairperson, is to be made by the Board from the appointed Directors. 7. Terms of appointment (1) Subject to sub-clauses (2) and (3), Directors are to retire at the end of the third annual general meeting of the members of the company next following their appointment, but are to be eligible to be reappointed in accordance with the constitution. (2) The persons first appointed to the positions of appointed and nominated Directors are to continue in office until the end of the annual general meeting of the members in 2004, subject to any casual vacancies. (3) In the case of the appointments to positions of appointed and nominated Directors which immediately follow the first appointments, the following principles are to apply— (a) the chairperson, deputy chairperson and 2 of the nominated Directors are to retire at the end of the annual general meeting of members in 2007; Sch. 2 -- 19 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 19 (b) 2 appointed Directors and 1 nominated Director are to retire at the end of the annual general meeting of members in 2006; (c) 1 appointed Director and 2 nominated Directors are to retire at the end of the annual general meeting of members in 2005. (4) An appointed or nominated Director is not to hold office for more than 4 terms. 8. Casual vacancies (1) If the office of an appointed Director becomes vacant, otherwise than by the retirement of the Director at the end of his or her term of appointment, the vacancy may be filled by a person appointed to fill that vacancy by the remaining appointed Directors. (2) If the office of a nominated Director becomes vacant, otherwise than by the retirement of the Director at the end of his or her term of office, the vacancy may be filled by a person nominated to fill that vacancy by the relevant body referred to in clause 5(1). (3) A person appointed to fill a vacancy referred to in sub- clause (1) or (2) holds office for the remainder of the term of the original Director. 9. Quorum A quorum of the Board is to be 6 Directors. 10. Voting In the case of an equality of votes at any meeting of the Board, the person presiding at the meeting has a casting vote in addition to his or her deliberative vote. 11. Remuneration (1) The first determination of remuneration for Directors is to be made by the Appointment Panel. (2) Subsequent determinations of remuneration for Directors are to be made by the company in general meeting Sch. 2 -- 20 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 20 (3) In making a determination of remuneration, the person making the determination must— (a) have regard to the rates of remuneration generally paid to Directors of other bodies with similar operations to those of the company; and (b) obtain advice from persons or bodies qualified to give advice on remuneration. (4) The remuneration of the Chief Executive is to be determined by the Board. 12. Consultation (1) The Board must establish proper procedures for consulting with the following bodies— (a) the Australian Jumping Racing Association; (b) the Australian Services Union (Victorian Branch); (c) the Australian Trainers Association (Victorian Branch); (d) the Australian Workers Union (Victorian Branch); (e) the Media and Entertainment Arts Alliance; (f) Thoroughbred Breeders Victoria; (g) the Thoroughbred Racehorse Owners Association; (h) the Victorian Bookmakers Association; (i) the Victorian Jockeys Association; (j) any other persons or bodies that are entitled to participate in the making of the nomination referred to in clause 13(1)(e) or (2)(e). (2) The annual general meeting of the Board must be open to the public. 13. Appointment Panel (1) The first Appointment Panel is to consist of— (a) 1 person who is a joint nominee of the Victoria Racing Club, the Victoria Amateur Turf Club and the Moonee Valley Racing Club Inc; Sch. 2 -- 21 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 21 (b) 1 person who is a joint nominee of the Victoria Racing Club, the Victoria Amateur Turf Club, the Moonee Valley Racing Club Inc and the Victorian Country Racing Council Inc; (c) 1 person who is a nominee of the Victorian Country Racing Council Inc; (d) 1 person who is a nominee of the Minister; (e) 1 person who is a joint nominee of— (i) the Australian Jumping Racing Association; (ii) the Australian Services Union (Victorian Branch); (iii) the Australian Trainers Association (Victorian Branch); (iv) the Australian Workers Union (Victorian Branch); (v) the Media and Entertainment Arts Alliance; (vi) Thoroughbred Breeders Victoria; (vii) the Thoroughbred Racehorse Owners Association; (viii) the Victorian Bookmakers Association Ltd; (ix) the Victorian Jockeys Association; (x) any other persons or bodies on whom the Appointment Panel agrees. (2) Subject to sub-clauses (3) and (4), the membership of the Appointment Panel (after the first Appointment Panel) is to consist of— (a) 1 person who is a joint nominee of the Victoria Racing Club, the Victoria Amateur Turf Club and the Moonee Valley Racing Club Inc; (b) 1 person who is a nominee of the Victorian Country Racing Council Inc; (c) 1 person who is a joint nominee of the Victoria Racing Club, the Victoria Amateur Turf Club, the Moonee Valley Racing Club Inc and the Victorian Country Racing Council Inc; (d) 1 person who is a nominee of the Minister; Sch. 2 -- 22 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 22 (e) 1 person who is a joint nominee of— (i) the Australian Jumping Racing Association; (ii) the Australian Services Union (Victorian Branch); (iii) the Australian Trainers Association (Victorian Branch); (iv) the Australian Workers Union (Victorian Branch); (v) the Media and Entertainment Arts Alliance; (vi) Thoroughbred Breeders Victoria; (vii) the Thoroughbred Racehorse Owners Association; (viii) The Victorian Bookmakers Association Ltd; (ix) the Victorian Jockeys Association; (x) any other persons or bodies on whom the Panel agrees; (f) the chairperson of the Board, when the Appointment Panel is not considering the re-appointment of the Director occupying the position of chairperson; (g) the deputy chairperson of the Board, when the Appointment Panel is not considering the re- appointment of the Director occupying the position of deputy chairperson. (3) When the Appointment Panel is considering the re- appointment of the Director occupying the position of chairperson— (a) the Director occupying that position must not be a member of the Appointment Panel; and (b) the appointed Directors (other than the Director occupying the position of chairperson) may nominate one of their number to be a member of the Appointment Panel for the purposes of considering that re-appointment. Sch. 2 -- 23 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 23 (4) When the Appointment Panel is considering the re- appointment of the Director occupying the position of deputy chairperson— (a) the Director occupying that position must not be a member of the Appointment Panel; and (b) the appointed Directors (other than the Director occupying the position of deputy chairperson) may nominate one of their number to be a member of the Appointment Panel for the purposes of considering that re-appointment. 14. Chairperson of Appointment Panel (1) Subject to sub-clause (2), the chairperson of the Board is to be the chairperson of the Appointment Panel except when the Appointment Panel is considering the re-appointment of the Director occupying the position of chairperson or the re- appointment of the chairperson. (2) When the Appointment Panel is considering the re- appointment of the Director occupying the position of chairperson or the re-appointment of the chairperson, the deputy chairperson must act as the chairperson of the Panel. 15. Voting on decisions (1) In the case of any vote by the Appointment Panel (as constituted under clause 13(1)), the vote must be decided on the basis of not less than 4 votes to 1. (2) In the case of any vote by the Appointment Panel (as constituted under clause 13(2)), the vote must be decided on the basis of not less than 5 votes to 2. 16. Process for determining representative nominee For the purposes of determining the nominee referred to in clause 13(2)(e), if the bodies who are entitled to determine the nominee are unable to reach agreement on the nominee by a majority of not less than two-thirds within 45 days after being invited to submit the nomination, the Appointment Panel (constituted without that member) may appoint a person that that Panel considers has a good understanding of the views of those bodies. 17. Alteration etc. of the constitution Sch. 2 -- 24 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 24 The constitution of the company must not be modified or repealed unless the requirements imposed on the company and the Minister under section 3B have been complied with and no resolution to disapprove the modification or repeal has been passed by a House of Parliament. 18. Definitions In this Schedule— "appointed Director" means a Director occupying a position referred to in clause 5(1)(a) of this Schedule; "nominated Director" means a Director occupying a position referred to in clause 5(1)(b), (c), (d) or (e) of this Schedule.'. ═══════════════ Sch. 2 -- 25 of 26 -- Act No. 35/2001 Racing (Racing Victoria Ltd) Act 2001 25 ENDNOTES † Minister's second reading speech— Legislative Assembly: 3 May 2001 Legislative Council: 5 June 2001 The long title for the Bill for this Act was "to amend the Racing Act 1958 to provide for the recognition of a body to be responsible for the carrying out of certain powers and functions relating to horse racing and to confer powers and functions on that body and for other purposes." Endnotes -- 26 of 26 --