{"id":"nsw:act-1996-074","name":"Hawkesbury Racecourse Act 1996","slug":"hawkesbury-racecourse-act-1996","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"74 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105493,"registerId":"nsw-act-1996-074-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Hawkesbury Racecourse Act 1996](/view/html/inforce/current/act-1996-074).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act:\n> \n> assets means any legal or equitable estates or interests (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.\n> \n> Hawkesbury Racecourse means the land described in Schedule 1.\n> \n> liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent).\n> \n> rights means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).\n> \n> the former club means the members of the unincorporated body known as the Hawkesbury Race Club.\n> \n> the former trustee, in relation to the Hawkesbury Racecourse, means the trustee for the Racecourse holding office under Division 4 of Part 5 of the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006) immediately before the commencement of this Act.\n> \n> the incorporated club means the body corporate declared by the Minister under this Act to be the incorporated Hawkesbury Race Club.\n> \n> the reserve trust means the reserve trust referred to in section 5.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Status of racecourse","content":"#### 4 Status of racecourse\n\n4 Status of racecourse\n\n> > (1) The Hawkesbury Racecourse continues, on and from the repeal day, to be Crown land that is dedicated for the following purposes under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058):\n> > \n> > > (a) for use as a racecourse,\n> > \n> > > (b) for use as a training ground,\n> > \n> > > (c) for use as a sports ground,\n> > \n> > > (d) for any other form of public amusement or public purpose (whether or not related to sports) that the Governor has, by order published in the Gazette (whether before or after the repeal day), declared to be a form of public amusement or public purpose for which the Racecourse or a specified part of the Racecourse is permitted to be used.\n> > \n> > Note—\n> > \n> > Clause 11 of Schedule 7 to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) operated on the repeal day:\n> > \n> > > (a) to abolish the Hawkesbury Racecourse Reserve Trust, and\n> > \n> > > (b) to replace it with a statutory land manager under that Act, and\n> > \n> > > (c) to appoint the members of the trust board of the Hawkesbury Racecourse Reserve Trust as members of the board of the statutory land manager, and\n> > \n> > > (d) to appoint the statutory land manager as the Crown land manager of the Hawkesbury Racecourse.\n> \n> > (2) Subsection (1) does not limit or prevent the revocation of the dedication of the Hawkesbury Racecourse, or the removal, alteration or addition of purposes for which it is dedicated, in accordance with the provisions of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n> \n> > (3) In this section:\n> > \n> > repeal day means the day on which the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006) is repealed by the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n> \n> **s 4:** Subst 2017 No 17, Sch 2.6 \\[1\\].","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":null,"content":"#### 5\n\n5 (Repealed)","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Incorporation of former club","content":"#### 6 Incorporation of former club\n\n6 Incorporation of former club\n\n> > (1) Nothing in the [Hawkesbury Racecourse Act of 1890](/view/pdf/asmade/act-1890-hra) prevents the former club from being incorporated under any law enabling persons to form a body corporate.\n> \n> > (2) On being satisfied that the former club has become incorporated as a body corporate, the Minister must, by notice in writing published in the Gazette, declare the body corporate to be the incorporated Hawkesbury Race Club for the purposes of this Act.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Vesting of assets, rights and liabilities of former club","content":"#### 7 Vesting of assets, rights and liabilities of former club\n\n7 Vesting of assets, rights and liabilities of former club\n\n> > (1) On the date of publication of the notice referred to in section 6, the following provisions have effect:\n> > \n> > > (a) the assets of the former club vest in the incorporated club by virtue of this section and without the need for any conveyance, transfer, assignment or assurance,\n> > \n> > > (b) the rights and liabilities of the former club become by virtue of this section the rights and liabilities of the incorporated club,\n> > \n> > > (c) all proceedings by or on behalf of, or against, the former club pending immediately before that date are taken to be proceedings pending by or on behalf of, or against, the incorporated club,\n> > \n> > > (d) any act, matter or thing done or omitted to be done in relation to the former club before that date by, to or in respect of that club is (to the extent that the act, matter or thing continues to have effect) taken to have been done or omitted to be done by, to or in respect of the incorporated club,\n> > \n> > > (e) a reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the former club is, subject to any regulations in force under section 10, to be read as, or as including, a reference to the incorporated club.\n> \n> > (2) The operation of this section is not to be regarded:\n> > \n> > > (a) as a breach of contract or confidence or otherwise as a civil wrong, or\n> > \n> > > (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or\n> > \n> > > (c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or\n> > \n> > > (d) as an event of default under any contract or other instrument.\n> \n> > (3) No attornment to the incorporated club by a lessee or sublessee from the former club is required.\n> \n> > (4) No compensation is payable to any person in connection with a transfer under this section.\n> \n> > (5) In this section, a reference to the assets of the former club includes a reference to any lease of the Hawkesbury Racecourse that was in existence immediately before the date referred to in subsection (1).\n> \n> > (6) In this section, a reference to the assets, rights or liabilities of the former club includes a reference to the assets, rights or liabilities (respectively) of the chairman of the former club that the chairman held in trust for that club (in the case of assets or rights), or was subject to on behalf of that club (in the case of liabilities).","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Stamp duty","content":"#### 8 Stamp duty\n\n8 Stamp duty\n\n> Stamp duty is not chargeable in respect of:\n> \n> > (a) the transfer of assets, rights or liabilities under section 7, or\n> \n> > (b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or registration of an interest in land).","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Repeals","content":"#### 9 Repeals\n\n9 Repeals\n\n> > (1) The [Hawkesbury Racecourse Act of 1890](/view/pdf/asmade/act-1890-hra) (together with any by-laws in force under that Act) is repealed on a date to be appointed by proclamation published on the NSW legislation website.\n> \n> > (2) The date is not to be a date that is earlier than the date of publication of the notice referred to in section 6.\n> \n> **s 9:** Am 2009 No 56, Sch 4.26.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"#### 10 Regulations\n\n10 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.\n> \n> > (3) Such a provision may, if the regulations so provide, take effect as from the date of assent to this Act or a later date.\n> \n> > (4) To the extent to which such a provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Review of Act","content":"#### 11 Review of Act\n\n11 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Hawkesbury Racecourse: description of land","content":"# Schedule 1 Hawkesbury Racecourse: description of land\n\nSchedule 1 Hawkesbury Racecourse: description of land\n\n(Section 3)\n\nThe land that constitutes the Hawkesbury Racecourse is as follows:\n\nAll that parcel of land at Clarendon in the City of Hawkesbury, Parishes of St Matthew and Ham Common, County of Cumberland, of about 80.94 hectares contained in Certificate of Title Folio 1/72436 at the Land Titles Office, Sydney.","sortOrder":12}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act maintains the racecourse’s dedication for racing, training and related public uses and facilitates a continuity transfer of club functions to an incorporated successor (ss4,6–8). It does not expand or remove those primary purposes in itself, though it acknowledges that dedications may be altered under the Crown Land Management Act 2016 and replaces earlier trustee arrangements tied to that repeal (s4, s9)."},"complexity_factors":["Statutory vesting of assets, rights and liabilities into a new corporate entity without conveyance or registration (s7)","Explicit override of contractual restrictions and consequences of change in ownership (s7(2))","No compensation for transferred interests, which concentrates loss/risk allocation (s7(4))","Stamp duty exemption for the transfers and related dealings (s8)","Interaction with external Crown land legislation and ‘repeal day’ timing (s4)","Repeal of the older 1890 Act and timing constraint tied to incorporation notice (s9, s6)","Regulation‑making power with savings/transitional provisions that can operate retrospectively to assent date subject to protections (s10)","Statutory review requirement and reporting timetable (s11)","Precise land description in Schedule 1 establishing the statutory scope of the site"],"plain_english_summary":"This Act keeps Hawkesbury Racecourse as Crown land dedicated for racing, training and public amusements (s4), allows the unincorporated Hawkesbury Race Club to become an incorporated body and transfers the club’s assets, rights and liabilities to that new corporation without conveyance, compensation or stamp duty (ss6–8). It also repeals the 1890 Act and enables regulations and a statutory review (ss9–11)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: facilitating the incorporation of the Hawkesbury Race Club and transferring its assets/liabilities to the new body. The 2017 amendment updated references to reflect the repeal of the Crown Lands Act 1989 and replacement with the Crown Land Management Act 2016, but this was a technical update to maintain consistency with the overarching land management framework rather than an expansion of scope. The Act does not appear to have grown beyond its original intent of modernising the governance structure of a specific racecourse."},"complexity_factors":["Short statute (11 sections plus schedule)","Minimal defined terms (7 definitions in section 3)","Straightforward conditional logic (primarily 'if Minister publishes notice, then transfer occurs')","Some cross-referencing to Crown Lands Act 1989 and Crown Land Management Act 2016, but these are clearly identified","Section 7 contains nested subsections dealing with vesting, but the mechanism is standard statutory transfer language","One repealed section (section 5) and one substituted section (section 4) indicating some legislative maintenance but not excessive layering"],"plain_english_summary":"This law deals with the **Hawkesbury Racecourse** in New South Wales, near Sydney. Here's what it does:\n\n**The big picture**\nThe Hawkesbury Racecourse was historically managed by an unincorporated club (basically, a group of people without formal legal status) and a trustee appointed under old Crown lands laws. This Act modernises the arrangement by allowing the club to become a proper incorporated body (a legal entity that can own property, sue and be sued) and transferring all the old club's assets, debts and legal obligations to this new body.\n\n**Key things the Act does:**\n\n*   **Allows incorporation**: The former Hawkesbury Race Club (just a group of members) can now incorporate under modern corporate law. Once this happens, the Minister publishes a notice officially declaring it \"the incorporated Hawkesbury Race Club.\"\n\n*   **Automatic transfer of everything**: When that notice is published, everything the old club owned (land leases, money, equipment), all its legal rights, and all its debts automatically transfer to the new incorporated club. This happens by operation of law — no paperwork, no stamp duty, no consent needed from third parties. Ongoing court cases automatically switch to the new club.\n\n*   **Protects the transfer**: The Act specifically says this transfer isn't a breach of contract, doesn't trigger \"change of control\" clauses in contracts, and doesn't require tenants to formally acknowledge the new landlord (called \"attornment\").\n\n*   **Maintains the land's status**: The racecourse stays as Crown land (government-owned land) dedicated for racing, training, sports and public amusement. The Act was updated in 2017 to reflect changes to Crown land management laws.\n\n*   **Cleans up old law**: It repeals the 1890 Hawkesbury Racecourse Act and any old by-laws.\n\n**Who it affects**\nPrimarily the members and management of the Hawkesbury Race Club, anyone leasing or using the racecourse, and the NSW government which retains ownership of the land itself.\n\n**Why it matters**\nWithout this Act, the race club would remain an informal association unable to properly manage modern commercial risks, enter contracts, or hold assets in its own name. The Act provides a clean legal pathway to modern corporate status while preserving the club's historical assets and operations."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient legislative content was provided to assess whether the scope changed from the original intent. The Act has been amended twice since 1996, but without access to the substantive provisions, no determination can be made about scope drift. The title and ministerial responsibility suggest it has remained focused on the Hawkesbury Racecourse throughout its life."},"complexity_factors":["The actual legislative content was not included in the provided text — only website navigation and metadata were available for analysis, making substantive assessment impossible","Based on metadata alone, the Act appears narrow and site-specific in scope, suggesting low inherent complexity","Three point-in-time versions exist (1996, 2009, 2018), indicating some amendment history that could introduce complexity if provisions interact across versions","Responsibility under the Minister for Gaming and Racing suggests intersection with broader racing and gaming regulatory frameworks, which may add complexity in context"],"plain_english_summary":"The Hawkesbury Racecourse Act 1996 is a site-specific NSW law governing the Hawkesbury Racecourse. Metadata shows it was enacted in 1996, amended in 2009 and 2018, remains in force, and sits with the Minister for Gaming and Racing — indicating it addresses governance, land use or operations of the racecourse.\n\nIt primarily affects the racing club, local racing community and related landholders; anyone involved with the venue should consult the full Act on the NSW legislation website for detailed obligations."}},"importantCases":[],"_links":{"self":"/api/acts/hawkesbury-racecourse-act-1996","history":"/api/acts/hawkesbury-racecourse-act-1996/history","analysis":"/api/acts/hawkesbury-racecourse-act-1996/analysis","conflicts":"/api/acts/hawkesbury-racecourse-act-1996/conflicts","importantCases":"/api/acts/hawkesbury-racecourse-act-1996/important-cases","documents":"/api/acts/hawkesbury-racecourse-act-1996/documents"}}