{"id":"racing-act-1958","name":"Racing Act 1958","slug":"racing-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176516,"registerId":"vic-racing-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement 1","content":"1 Short title and commencement 1\n\nPart I—Race-courses and race-meetings 2\n\nDivision 1—Preliminary 2\n\n3 Definitions 2\n\n3A Certification of company to be Racing Victoria 18\n\n3B Repeal or modification of constitution of Racing Victoria 18\n\n3C Functions powers and duties of Minister under the constitution of Racing Victoria 20\n\n3D Racing Victoria not to represent the Crown 20\n\n3E Racing Victoria not a public entity or public body 20\n\nDivision 2—Legality of betting 21\n\n4 Betting with registered bookmaker 21\n\n4A Methods of remote betting 23\n\n4B Application for approval to use methods of approved remote betting on off-course premises 23\n\n4C Approval of off-course premises for remote betting usage 23\n\n4D Cancellation or suspension of approval for approved off‑course premises or variation of conditions 25\n\n4E Minister may prescribe requirements to be complied with by bookmakers for approval to accept bets off‑course 26\n\n4F Commission to notify controlling body of certain matters 26\n\n4G Offence to breach conditions of approval to operate off‑course premises 27\n\n4H Offence to open approved off-course premises to public 27\n\n4I Prohibition on publishing prohibited advertising in relation to the approved off‑course premises 30\n\n5 Rules and regulations about business at race‑courses, bookmakers etc. 31\n\nDivision 2A—Club betting permits 33\n\n5A Betting in accordance with club betting permits 33\n\n5B Grant of club betting permits 34\n\n5C Conditions of the permits 34\n\n5D Revocation of permits 35\n\nDivision 2B—Rules of Racing Victoria 35\n\n5E Definition 35\n\n5F Rules of Racing Victoria binding on certain persons 36\n\nDivision 3—Regulation of race-meetings 37\n\n6 Holding of race-meetings 37\n\n7 Transfer of race-meeting to another race-course 38\n\n14A Duration of race-meetings 38\n\n14AB Duration of official trial meetings 39\n\n14B Dates and times for horse racing 39\n\n18 Picnic race-meetings 39\n\n19 Picnic race-meetings and mixed sports gatherings in country 41\n\n19A Restricted harness racing meetings 42\n\n20 Point-to-point steeplechases held by hunt clubs 43\n\n21 Charitable race-meetings on metropolitan race‑courses in excess of statutory number 44\n\n22 Harness races at agricultural shows 45\n\n22A Race-meetings on ANZAC Day 47\n\n22B Penalty for failure to supply statement of receipts and expenditure or pay net profit from race-meeting to Fund 50\n\n23 Penalty for holding unauthorized race-meeting 50\n\nDivision 4—Issue of licences, &c. 51\n\n24 Race-course licence 51\n\n24A Racing-club licence 53\n\n25 Map of race-course 55\n\n26 Rules of the club 55\n\n29 Licences not to authorize benefit meetings 56\n\n32 Licences for harness race-meetings held by Harness Racing Victoria 57\n\nDivision 4A—Managing crowd behaviour 58\n\nSubdivision 1—Offences 58\n\n32A Offence to enter or remain in restricted racing area 58\n\n32B Offence to disrupt race-meeting or official trial meeting 59\n\n32C Offence to throw or kick projectiles or cause object to be within restricted racing area 59\n\n32D Offence to climb on fence, barrier or barricade 60\n\nSubdivision 2—Dealing with offenders 61\n\n32E Direction not to enter or to leave restricted racing area or race-course 61\n\n32F Refusal to leave restricted racing area or race-course and re-entry 62\n\n32G Ban orders 63\n\nSubdivision 3—Authorised officers 64\n\n32H Appointment of authorised officers 64\n\n32I Identification of authorised officers 65\n\n32J Offence to hinder or obstruct authorised officer 66\n\n32K Power of authorised officer to require name and address 66\n\n32L Refusal to give name and address to authorised officer 67\n\n32M Requirement to produce evidence of name and address to authorised officer 67\n\n32N Disclosure of information by authorised officer 67\n\n32O Delegation by Secretary 69\n\nSubdivision 4—Enforcement 69\n\n32P Infringement offences 69\n\n32Q Who can commence a proceeding for offences against this Division? 69\n\nDivision 5—Exclusion orders by Chief Commissioner of Police 70\n\n33 Exclusion orders by Chief Commissioner of Police 70\n\n34 Duration of exclusion orders 71\n\n35 List and photographs of excluded persons 71\n\n35A Provision of list and photographs to stewards 72\n\n35B Excluded person not to enter race-course 72\n\n35C Notifying police of presence of excluded persons 72\n\n35D Police powers of entry to a race-course 72\n\n35DA Advice to Professional Boxing and Combat Sports Board 72\n\n35E Procedure on application for review 73\n\n35F Appointment of special counsel 75\n\nDivision 6—Miscellaneous 77\n\n37 No right to compensation 78\n\nPart IA—The Racing Integrity Commissioner 79\n\n","sortOrder":0},{"sectionNumber":"37A","sectionType":"section","heading":"Racing Integrity Commissioner 79","content":"37A Racing Integrity Commissioner 79\n\n37AB Acting appointments 79\n\n","sortOrder":1},{"sectionNumber":"37B","sectionType":"section","heading":"Functions of the Racing Integrity Commissioner 80","content":"37B Functions of the Racing Integrity Commissioner 80\n\n37BA Powers of the Racing Integrity Commissioner conducting an inquiry 84\n\n37BB Power to compel production of documents and other things or attendance of witnesses 85\n\n37BC Service of notice to produce or notice to attend 87\n\n37BD Power to take evidence on oath or affirmation 87\n\n37BE Offence to fail to comply with a notice to produce or attend 88\n\n37BF Offence to fail to take oath, make affirmation, answer question or produce document 88\n\n37BG DPP or police officer may commence proceeding for offence against section 37BE or 37BF 89\n\n37BH Offence to make false or misleading statements or produce false or misleading documents or other things 89\n\n37BI Protection of participants 90\n\n37BJ Statement not to be used against person who gives information or evidence, or produces a document or other thing 91\n\n","sortOrder":2},{"sectionNumber":"37C","sectionType":"section","heading":"Powers of the Racing Integrity Commissioner 91","content":"37C Powers of the Racing Integrity Commissioner 91\n\n37CA Protection from liability for Racing Integrity Commissioner 92\n\n37D Staff 92\n\n37E Disclosure of information 92\n\n37F Annual report 97\n\n37G Mandatory notification of corrupt conduct to IBAC 97\n\n37H Consultation prior to referral or notification 98\n\n37I Communication of information to the IBAC 98\n\n37J Racing Integrity Commissioner not to prejudice investigations of the IBAC 99\n\n37K Racing Integrity Commissioner must investigate public interest complaints 99\n\n37L Racing Integrity Commissioner must refuse to investigate certain public interest complaints 99\n\n37M Racing Integrity Commissioner may refuse to investigate certain public interest complaints 100\n\n37N Notification of refusal to conduct investigation on public interest complaint 101\n\n37O Notification of corrupt conduct 101\n\n37P Procedure on completion of investigation of public interest complaint 102\n\n37Q Person who made public interest disclosure to be informed of result of investigation 103\n\n37R Racing Integrity Commissioner must not disclose certain information 104\n\n37S Disclosure of information by Racing Integrity Commissioner 104\n\n37T Confidentiality notice 106\n\n37U Extension of confidentiality notice 110\n\n37V Racing Integrity Commissioner to provide the IBAC with copies 111\n\n37W Disclosure subject to confidentiality notice 111\n\nPart II—Harness Racing Victoria 118\n\n38 Definitions 118\n\n39 Harness Racing Victoria 120\n\n40 Term of office 121\n\n41 Vacancies 121\n\n41A Appointment of administrator 122\n\n42 Meetings 123\n\n43 Chief Executive Officer and other officers 124\n\n44 Function of Board 125\n\n44AA Board may act as venue operator 126\n\n","sortOrder":3},{"sectionNumber":"44A","sectionType":"section","heading":"Borrowings by Board 126","content":"44A Borrowings by Board 126\n\n","sortOrder":4},{"sectionNumber":"44B","sectionType":"section","heading":"Harness Racing Advisory Council 126","content":"44B Harness Racing Advisory Council 126\n\n44BA Functions of Harness Racing Advisory Council 127\n\n44C Reporting on consultations 128\n\n45 Registration etc. of clubs, horses and persons participating in harness racing 129\n\n45A Disclosure of pecuniary interest 131\n\n46 Harness Racing Victoria Fund and finances of Board 134\n\n48 Agreement with Royal Agricultural Society and its alteration 136\n\n49 Rules of Board 137\n\nPart IIA—Victorian Racing Tribunal 139\n\nDivision 1—Establishment of the Victorian Racing Tribunal 139\n\n50A Definitions 139\n\n50B Establishment of the Victorian Racing Tribunal 141\n\n50C Functions of Victorian Racing Tribunal 141\n\n50D Members of the Victorian Racing Tribunal 142\n\n50E Terms and conditions of office 143\n\n50F Vacancies, resignations and termination of members of the Victorian Racing Tribunal 144\n\n50G Chairperson of the Victorian Racing Tribunal 145\n\n50H Deputy Chairpersons of the Victorian Racing Tribunal 145\n\n50I Appointment of a judicial officer as Chairperson or Deputy Chairperson 146\n\n50J Acting appointments 146\n\n50JA Validity of decisions 148\n\nDivision 2—Jurisdiction of the Victorian Racing Tribunal 148\n\n50K Appeals to the Victorian Racing Tribunal 148\n\n50L Racing Integrity Commissioner may direct that certain appeals be heard 149\n\n50M Appeals in respect of approvals for approved off‑course premises 150\n\n50N The Victorian Racing Tribunal may grant an extension of time for leave to appeal 151\n\n50O Hearings of serious offences by the Victorian Racing Tribunal 151\n\nDivision 3—Conduct of hearings of the Victorian Racing Tribunal 152\n\n50P Constitution of the Victorian Racing Tribunal to hear and determine matters 152\n\n50Q Proceedings of the Victorian Racing Tribunal 153\n\n50R Experts may assist the Victorian Racing Tribunal 155\n\n50S Power to compel production of documents and other things or attendance of witnesses 155\n\n50T Service of notice under section 50S or 50U 157\n\n50U Variation or revocation of notice under section 50S 158\n\n50V Failure to comply with notice to produce or attend 159\n\n50W Directions 159\n\n50X Dealing with questions of law in hearings of the Victorian Racing Tribunal 160\n\n50Y Evidence in hearings of the Victorian Racing Tribunal 160\n\n50Z Chairperson or Deputy Chairpersons may authorise a person to take evidence 161\n\n50ZA Retention of documents and exhibits 162\n\n50ZB Protection of parties and members of Victorian Racing Tribunal 162\n\n50ZC Service of documents by the Victorian Racing Tribunal 163\n\n50ZD When is service effected? 165\n\n","sortOrder":5},{"sectionNumber":"Div 4","sectionType":"division","heading":"Determinations of the Victorian Racing Tribunal 166","content":"Division 4—Determinations of the Victorian Racing Tribunal 166\n\n50ZE Determinations of the Victorian Racing Tribunal 166\n\n50ZF Victorian Racing Tribunal to provide written statement of reasons for determinations on request 166\n\n","sortOrder":6},{"sectionNumber":"Div 5","sectionType":"division","heading":"Offences 167","content":"Division 5—Offences 167\n\n50ZG Offence to fail to comply with a notice to produce or attend 167\n\n50ZH Offence to fail to take oath, make affirmation or answer question 167\n\n50ZI Offence to make false or misleading statements or produce false or misleading documents or other things 168\n\n50ZJ Privilege against self-incrimination does not apply 168\n\n50ZK Contempt of the Victorian Racing Tribunal 169\n\nPart III—Greyhound racing 171\n\n51 Definitions 171\n\nDivision 1—Restrictions on, and licences for, greyhound racing 175\n\n52A Plumpton coursing with mechanical quarry 175\n\n52B Greyhound racing permits 176\n\n55 Offences relating to greyhound races that involve the use of an animal as a lure 177\n\n63A Greyhound races on ANZAC Day 178\n\n64 Penalties for holding greyhound races in contravention of this Division etc. 180\n\n65 Returns to be lodged by promoters of greyhound races 181\n\n66 Provision in case of offence by body corporate 182\n\nDivision 2—Greyhound Racing Victoria 183\n\n69 Greyhound Racing Victoria 183\n\n70 Term of office 185\n\n71 Vacancies 186\n\n71A Appointment of administrator 187\n\n72 Who to preside 188\n\n73 Chief executive officer and other officers of Board 188\n\n73A Board may delegate functions to the chief executive officer 189\n\n74 Travelling expenses and fees 190\n\n75 Functions of Board 190\n\n75A Disclosure of pecuniary interest 192\n\n75B Consultation procedures to be established 194\n\n75C Reporting on consultations 195\n\n76 Fund and finances of Board 195\n\n76A Borrowings by Board 196\n\nDivision 3—General control of greyhound racing 196\n\n77 Registration etc. of clubs and persons participating in greyhound racing 196\n\n77AA Registration of racing greyhounds 200\n\n77A Member of Board etc. may enter and inspect etc. 200\n\n78 Use or disclosure of information for the Domestic Animals Act 1994 202\n\n79A Greyhound trials and training 202\n\n82 Rules of Board 204\n\nPart IIIB—the Victorian Racing Tribunal Registrar 207\n\n83OD Definitions 207\n\n83OE Victorian Racing Tribunal Registrar 207\n\n83OF Functions of Victorian Racing Tribunal Registrar 208\n\nPart IIIBA—Review by VCAT—Decisions of the Victorian Racing Tribunal 210\n\n83OH Review by VCAT of decisions of the Victorian Racing Tribunal 210\n\n83OI Time limit for applying for review 210\n\nPart IIIC—Review by VCAT—Occupational racing and bookmaking licences 211\n\n83P Definitions 211\n\n83Q Review by VCAT of occupational racing licences 212\n\n83R Review by VCAT of bookmaking licences 212\n\n83S Time limit for applying for review 213\n\nPart IIID—Functions and powers of gambling and casino inspectors 214\n\n83T Functions of gambling and casino inspectors 214\n\n83U Right of entry 214\n\n83V Powers of gambling and casino inspectors 215\n\n83W Power to require names and addresses 217\n\nPart IV—Registered bookmakers and controlling bodies 219\n\n84 Definitions 219\n\n91 Requirements for bookmakers to carry on business 228\n\n91A Controlling bodies may make rules 229\n\n91AB Approved substitutes 231\n\n91B Bookmaker's licence levy 232\n\n91C Bookmaking development fund 233\n\n91D Ministerial approval of rules and guidelines 234\n\n91E Provision of information regarding betting records 235\n\n92 Production of documents by bookmakers and bookmaker's key employees 236\n\n94A Guarantee of bookmakers against defaults in payment of wagers 239\n\nPart IVA—Racing Victoria Centre land 248\n\n95A Application of Part 248\n\n95B Definition 248\n\n95C Surrender of Racing Victoria Centre land 248\n\n95D Crown lease 249\n\n95E Power to enter agreements to use, sub-lease or assign interest in Racing Victoria Centre land 250\n\n95F Registrar of Titles to make necessary amendments 250\n\nPart IVB—Victorian Racing Integrity Board 251\n\n","sortOrder":7},{"sectionNumber":"95G","sectionType":"section","heading":"Establishment of the Victorian Racing Integrity Board 251","content":"95G Establishment of the Victorian Racing Integrity Board 251\n\n","sortOrder":8},{"sectionNumber":"95H","sectionType":"section","heading":"Functions and powers of the Integrity Board 251","content":"95H Functions and powers of the Integrity Board 251\n\n95HA Integrity Board may delegate certain functions to Chairperson or Deputy Chairperson 253\n\n95I Membership of Integrity Board 253\n\n95J Terms and conditions of office 254\n\n95K Vacancies, resignations and removal from office 255\n\n95L Meetings of the Integrity Board 256\n\n95M Validity of decisions 256\n\n95MA Protection from liability for Integrity Board members 256\n\n95N Integrity Board may receive, review and investigate complaints 257\n\n95O Controlling body to provide information to Integrity Board 258\n\n95P Integrity Board may give directions to controlling body in relation to failure to comply with recommendation 258\n\n95Q Integrity Board may refer complaint to Racing Integrity Commissioner 258\n\n95R Controlling body to prepare and submit annual integrity plan to Integrity Board for endorsement 259\n\n95S Integrity Board to advise Minister of certain matters 260\n\n95T Integrity Board's annual report 261\n\n95U Minister to table Integrity Board's annual report before Parliament 261\n\nPart V—General 262\n\n","sortOrder":9},{"sectionNumber":"95V","sectionType":"section","heading":"Department may recover costs from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria 262","content":"95V Department may recover costs from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria 262\n\n95VA Regulations 263\n\n","sortOrder":10},{"sectionNumber":"96","sectionType":"section","heading":"Transitional provision on repeal of Part VI 264","content":"96 Transitional provision on repeal of Part VI 264\n\n96AA Transitional provision for change in membership of Committee—Racing Acts (Amendment) Act 2002 264\n\n96A Transitional provision for introduction of Racing Victoria—Racing (Racing Victoria Ltd) Act 2001 265\n\n96B Operation of Racing (Racing Victoria Ltd) Act 2001 267\n\n96C Transitional provision for change of expiry date of certificates of registration—Racing Acts (Amendment) Act 2002 268\n\n96D Transitional provision for Racing Appeals Tribunal proceedings—Racing Legislation Amendment (Racing Integrity Assurance) Act 2009 268\n\nPart VI—Transitional provisions 270\n\n97 Definition 270\n\n98 Transitional provision for changes to Harness Racing Victoria—Racing and Betting Acts (Amendment) Act 2001 270\n\n99 Transitional provision for change to Greyhound Racing Victoria—Racing and Betting Acts (Amendment) Act 2001 270\n\n100 Transitional provision for change in registration of greyhounds—Racing and Betting Acts (Amendment) Act 2001 271\n\n100A Saving provision—Racing Amendment (Modernisation) Act 2018 271\n\nPart VII—Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011 273\n\n","sortOrder":11},{"sectionNumber":"101","sectionType":"section","heading":"Definitions 273","content":"101 Definitions 273\n\n","sortOrder":12},{"sectionNumber":"102","sectionType":"section","heading":"Things commenced by the former Commission before abolition of former Commission 273","content":"102 Things commenced by the former Commission before abolition of former Commission 273\n\nPart VIII—Transitional provisions—Racing Amendment Act 2015 275\n\n","sortOrder":13},{"sectionNumber":"103","sectionType":"section","heading":"Saving of reconstituted Harness Racing Victoria Board 275","content":"103 Saving of reconstituted Harness Racing Victoria Board 275\n\nPart IX—Transitional provisions—Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016 276\n\n104 Definition 276\n\n105 Saving of reconstituted Greyhound Racing Victoria 276\n\n106 Saving of reconstituted GRV Racing Appeals and Disciplinary Board 277\n\nPart X—Transitional provisions—Racing Amendment (Integrity and Disciplinary Structures) Act 2018 278\n\n107 Definitions 278\n\n108 Transition of Racing Appeals and Disciplinary Boards to the Victorian Racing Tribunal 278\n\n109 Review of decisions of Racing Appeals and Disciplinary Boards 279\n\n110 Review of decisions by VCAT 280\n\nPart XI—Transitional provisions—Racing Amendment Act 2022 282\n\n","sortOrder":14},{"sectionNumber":"111","sectionType":"section","heading":"Saving of regulations 282","content":"111 Saving of regulations 282\n\nSchedules 284\n\nSchedule 2––Specified race-courses 285\n\nEndnotes 292\n\n1 General information 292\n\n2 Table of Amendments 294\n\n3 Explanatory details 312\n\n**Version No.** **185**\n\n**Racing Act 1958**\n\n**No. 6353 of 1958**\n\nVersion incorporating amendments as at  \n\nLong title amended by No. 8209 s. 21(1)(a)(i).\n\nAn Act to consolidate the Law relating to Horse Pony Trotting and Greyhound Racing, the Registration of Bookmakers and their Clerks, and Totalizators.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nS. 1  \namended by Nos 6619 s. 2, 6790 s. 2, 6836 s. 2(a)(b), 7082 s. 2(a)(b), 7684 s. 2(a)(i)(ii)(b), 8209 ss 11, 18(2), 21(1)(a)(ii), 8566 s. 2, 8975 s. 2(5), 9201 s. 22 (as amended by No. 9427 s. 6(1)(Sch. 5 item 152)), 9427 s. 6(1)(Sch. 5 item 151), 9671 s. 23, 9924 s. 3(a)(i)(ii), 10184 s. 22(a)(b), 125/1986 s. 14(a).\n\n\t1 Short title and commencement\n\nThis Act may be cited as the **Racing Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\nS. 2  \nrepealed by No. 49/1993 s. 13(1).\n\nPart I—Race-courses and race-meetings\n\n","sortOrder":15},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary","content":"Division 1—Preliminary\n\nNo. 6070 s. 3.\n\n","sortOrder":16},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nS. 3(1) def. of *approved betting event* inserted by No. 18/2007 s. 6(a).\n\n***approved betting event*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *approved bookmaking company* inserted by No. 19/2002 s. 3, repealed by No. 73/2008 s. 3(2).\n\nS. 3(1) def. of *approved  \noff-course premises* inserted by No. 55/2012 s. 4.\n\n***approved off-course premises*** means premises approved by a controlling body under section 4C;\n\nS. 3(1) def. of *approved substitute* inserted by No. 73/2008 s. 3(1).\n\n***approved substitute*** means a registered bookmaker's key employee approved under section 91AB by a controlling body to carry on the business of a registered bookmaker;\n\nS. 3(1) def. of *assessable disclosure* inserted by No. 2/2019 s. 105.\n\n***assessable disclosure*** has the meaning given in section 3 of the **Public Interest Disclosures Act 2012**;\n\nS. 3(1) def. of *authorised officer* inserted by No. 2/2023 s. 3(1).\n\n***authorised officer*** means—\n\n(a) a police officer; or\n\n(b) a person appointed as an authorised officer under section 32H;\n\nS. 3(1) def. of *Authority* inserted by No. 37/1994 s. 174(a), repealed by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.1(a)).\n\nS. 3(1) def. of *ban order* inserted by No. 2/2023 s. 3(1).\n\n***ban order*** means  an order made under section 32G;\n\nS. 3(1) def. of *betting contingency* inserted by No. 16/2001 s. 3(1)(a).\n\n***betting contingency*** includes any event or contingency;\n\nS. 3(1) def. of *Board* repealed by No. 37/1994 s. 174(b).\n\nS. 3(1) def. of *bookmaker's key employee* inserted by No. 73/2008 s. 3(1).\n\n***bookmaker's key employee*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *charitable purposes* amended by No. 8344 s. 26(3)(a).\n\n***charitable purposes*** means—\n\n(a) the aiding of any institution or benevolent society within the meaning of the **Hospitals and Charities Act 1958** or, if approved for the purposes of this Part by the Minister bywriting under his hand, of any hospital asylum institution or society affording charitable relief within the meaning of that Act which is exempted from the operation of that Act;\n\n(b) the aiding of the funds of any public authority in Victoria engaged in research into the cause prevention or cure of disease in human beings; or\n\n(c) the affording of charitable relief within the meaning of that Act to any diseased infirm incurable poor or destitute person or persons;\n\nS. 3(1) def. of *chief steward* inserted by No. 55/2005 s. 3(1)(a).\n\n***chief steward***, in relation to a controlling body, means—\n\n(a) in the case of horse racing, the person appointed as chairman of stewards by Racing Victoria;\n\n(b) in the case of harness racing, the person appointed as chairman of stewards by Harness Racing Victoria;\n\n(c) in the case of greyhound racing, the person appointed as chief steward by Greyhound Racing Victoria;\n\n***club*** includes club society or other association by whatever name called;\n\nS. 3(1) def. of *club betting permit* inserted by No. 97/1998 s. 4.\n\n***club betting permit*** means a permit issued under Division 2A of Part 1;\n\nS. 3(1) def. of *club bookmaker's licence* inserted by No. 55/2012 s. 4.\n\n***club bookmaker's licence*** has the same meaning as it has in section 84;\n\nS. 3(1) def. of *Commission* inserted by No. 114/2003 s. 12.1.3(Sch. 6 item 10.1(b)), amended by No. 58/2011 s. 102, substituted by No. 26/2022 s. 58(1)(b).\n\n***Commission*** means the Victorian Gambling and Casino Control Commission established under Part 2 of the **Victorian Gambling and Casino Control Commission Act 2011**;\n\n***conduct*** includes conduct carry on manage or to assist in doing any of these things;\n\nS. 3(1) def. of *confidentiality notice* inserted by No. 2/2019 s. 105.\n\n***confidentiality notice*** means a notice issued by the Racing Integrity Commissioner under section 37T(1);\n\nS. 3(1) def. of *controlling body* inserted by No. 55/2005 s. 3(1)(a), substituted by No. 52/2009 s. 4(b).\n\n***controlling body*** means—\n\n(a) in the case of horse racing, Racing Victoria;\n\n(b) in the case of harness racing, Harness Racing Victoria;\n\n(c) in the case of greyhound racing, Greyhound Racing Victoria;\n\nS. 3(1) def. of *corrupt conduct* inserted by No. 82/2012 s. 180, amended by No. 82/2012 s. 318(a).\n\n***corrupt conduct***  has the meaning given in section 4 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *Department* inserted by No. 37/2018 s. 8(2), amended by No. 2/2022 s. 29(1).\n\n***Department*** means the Department of Jobs, Precincts and Regions;\n\nS. 3(1) def. of *domestic partner* inserted by No. 72/2001 s. 3(Sch. item 11.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 50.1).\n\n***domestic partner*** of a person  means—\n\n(a) a person who is in a registered relationship with the person; or\n\n(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—\n\n(i) for fee or reward; or\n\n(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);\n\nS. 3(1) def. of *duration of an official trial meeting* inserted by No. 2/2023 s. 3(1).\n\n***duration of an official trial meeting*** has the meaning given by section 14AB;\n\nS. 3(1) def. of *exclusion order* inserted by No. 55/2005 s. 3(1)(a).\n\n***exclusion order*** means a written order under section 33;\n\nS. 3(1) def. of *gambling and casino inspector* inserted by No. 26/2022 s. 58(1)(a).\n\n***gambling and casino inspector*** means an inspector appointed under section 40 of the **Victorian Gambling and Casino Control Commission Act 2011**;\n\nS. 3(1) def. of *gambling and liquor inspector* inserted by No. 55/2012 s. 4, repealed by No. 26/2022 s. 58(1)(c).\n\nS. 3(1) def. of *General Post Office Melbourne* repealed by No. 50/2015 s. 3(1)(a).\n\nS. 3(1) def. of *greyhound race*  \ninserted by No. 37/1994 s. 174(a).\n\n***greyhound race*** means a race in which greyhounds compete;\n\nS. 3(1) def. of *Greyhound Racing Victoria* inserted by No. 2/2022 s. 4.\n\n***Greyhound Racing Victoria*** means the body corporate in that name established by section 69;\n\nS. 3(1) def. of *GRV Racing Appeals and Disciplinary Board* inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).\n\nS. 3(1) def. of *harness race*  \ninserted by No. 9671 s. 24(b), substituted by No. 37/1994 s. 174(c).\n\n***harness race*** means a race in which horses compete moving at a gait generally known as pacing or trotting;\n\nS. 3(1) def. of *Harness Racing Victoria* inserted by No. 2/2022 s. 4.\n\n***Harness Racing Victoria*** means the body corporate in that name established by section 39;\n\nS. 3(1) def. of *horse race* inserted by No. 37/1994 s. 174(a).\n\n***horse race*** means a race in which horses compete but does not include a harness race;\n\nS. 3(1) def. of *HRV Racing Appeals and Disciplinary Board* inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).\n\nS. 3(1) def. of *IBAC* inserted by No. 82/2012 s. 180, amended by No. 82/2012 s. 318(b).\n\n***IBAC*** means the Independent Broad-based Anti‑corruption Commission established under section 12 of the **Independent Broad‑based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *IBAC personnel* inserted by No. 82/2012 s. 180, amended by No. 31/2024 s. 113(Sch. 1 item 30.1).\n\n***IBAC personnel***  has the same meaning as it has in the **Integrity Oversight Victoria Act 2011**;\n\nS. 3(1) def. of *Integrity Board* inserted by No. 37/2018 s. 33.\n\n***Integrity Board*** means the Victorian Racing Integrity Board established by section 95G;\n\nS. 3(1) def. of *metropolitan race-course* inserted by No. 9924 s. 4, amended by Nos 37/1994 s. 174(d), 50/2015 s. 3(1)(b).\n\n***metropolitan race-course*** means any of the following: the Flemington race-course, the Caulfield race-course, the Moonee Valley race-course, the Sandown race-course or any race-course within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne which the Minister, by notice published in the Government Gazette, declares to be a metropolitan race-course;\n\nS. 3(1) def. of *mixed sports gathering* substituted by No. 9050 s. 2(a), amended by Nos 9671 s. 24(a)(c), 49/1987 s. 4(a)(b), 17/1992 s. 4(1)(a)(b), 16/2001 s. 3(1)(b).\n\n***mixed sports gathering*** means—\n\n(a) a meeting for foot races bicycle races or any other games exercises pastimes or contests of a kind usually conducted carried on contested or decided on any land whatsoever to which persons are admitted either at all times or only at certain times (whether on payment of an entrance fee or charge or otherwise) for the purpose of taking part in or witnessing any such races games exercises pastimes or contests, being a meeting at which—\n\n(i) the races which take place include races of one or more of the following kinds, namely, horse races, pony races and harness races;\n\n(b) a meeting for foot races bicycle races or any other games exercises pastimes or contests of a kind usually conducted carried on contested or decided on any land whatsoever to which persons are admitted either at all times or only at certain times (whether on payment of an entrance fee or charge or otherwise) for the purpose of taking part in or witnessing any such races games exercises pastimes or contests, being a meeting—\n\n(i) at which no horse race pony race or harness race takes place; and\n\n(ii) which is conducted by a club or other body of persons approved by the Minister;\n\nS. 3(1) def. of *official trial meeting* inserted by No. 2/2023 s. 3(1).\n\n***official trial meeting*** means a meeting for the purpose of trialling horses or greyhounds—\n\n(a) that is not a horse race, harness race or greyhound race; and\n\n(b) that is approved by the appropriate controlling body and supervised by a steward of that controlling body; and\n\n(c) at which entries are taken and results are recorded;\n\nS. 3(1) def. of *Parliamentary Workplace Standards and Integrity Commission* inserted by No. 27/2024 s. 159.\n\n***Parliamentary Workplace Standards and Integrity Commission*** means the body established by section 42 of the **Parliamentary Workplace Standards and Integrity Act 2024**;\n\nS. 3(1) def. of *picnic race-meeting* amended by Nos 9671 s. 24(a), 37/1994 s. 174(e), repealed by No. 16/2001 s. 3(1)(c).\n\nS. 3(1) def. of *police member* inserted by No. 55/2005 s. 3(1)(a), repealed by No. 37/2014 s. 10(Sch. item 139.1(b)).\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 139.1(a)).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***pony races*** or ***pony racing*** means races under conditions limiting the height of any horse eligible to compete therein to any height not exceeding fourteen hands two inches;\n\nS. 3(1) def. of *prescribed* repealed by No. 37/1994 s. 174(b).\n\nS. 3(1) def. of *professional jockey* amended by Nos 8503 s. 2, 9671 s. 24(a), 49/1987 s. 5(1)(a)(b), repealed by No. 37/1994 s. 174(b).\n\nS. 3(1) def. of *public interest complaint* inserted by No. 2/2019 s. 105.\n\n***public interest complaint*** has the meaning given in section 3 of the **Public Interest Disclosures Act 2012**;\n\nS. 3(1) def. of *race-course* amended by No. 2/2023 s. 3(2).\n\n***race-course*** means land used for race-meetings, and in Division 4A of this Part, includes land used for official trial meetings;\n\nS. 3(1) def. of *race-meeting* amended by No. 9671 s. 24(a), substituted by No. 37/1994 s. 174(f).\n\n***race-meeting*** means a meeting for the purpose of horse racing, harness racing or greyhound racing;\n\nS. 3(1) def. of *Racing Appeals and Disciplinary Board* inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).\n\nS. 3(1) def. of *Racing Integrity Commis-sioner* inserted by No. 52/2009 s. 4(a).\n\n***Racing Integrity Commissioner*** means the Racing Integrity Commissioner appointed under section 37A;\n\nS. 3(1) def. of *Racing Victoria* inserted by No. 35/2001 s. 3, amended by No. 10/2018 s. 4.\n\n***Racing Victoria*** means the company certified by the Minister under section 3A(1) to be Racing Victoria, by a certification published in the Government Gazette on 19 December 2001;\n\nS. 3(1) def. of *registered bookmaker* inserted by No. 73/2008 s. 3(1).\n\n***registered bookmaker*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *registered bookmaker's key employee* inserted by No. 73/2008 s. 3(1).\n\n***registered bookmaker's key employee*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3(1) def. of *regulations* repealed by No. 37/1994 s. 174(b).\n\nS. 3(1) def. of *relevant person* inserted by No. 77/2013 s. 39.\n\n***relevant person*** means—\n\n(a) a person who attends a race-meeting for the purpose of horse racing in Victoria; or\n\n(b) a person who participates, whether at a racecourse or any other place, in an activity connected with, or involving, horse racing in Victoria or wagering on horse racing in Victoria;\n\nS. 3(1) def. of *restricted harness racing meeting* inserted by No. 9269 s. 2, amended by Nos 9671 s. 24(d)(i)(ii), 125/1986 s. 4(a)(b), repealed by No. 16/2001 s. 3(1)(c).\n\nS. 3(1) def. of *restricted matter* inserted by No. 2/2019 s. 105.\n\n***restricted matter*** means—\n\n(a) any evidence or information given to, or obtained by, the Racing Integrity Commissioner;\n\n(b) the contents of any document produced to, or obtained by, the Racing Integrity Commissioner;\n\n(c) the existence of, or any information about, a confidentiality notice or a requirement under section 37BA(1) to appear before the Racing Integrity Commissioner for examination;\n\n(d) the subject matter of an investigation by the Racing Integrity Commissioner;\n\n(e) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Racing Integrity Commissioner, to be identified or located;\n\n(f) the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Racing Integrity Commissioner;\n\n(g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the **Public Interest Disclosures Act 2012**;\n\n(h) the fact that a disclosure or related disclosure has been determined under Part 3 of the **Public Interest Disclosures Act 2012** to be a public interest complaint;\n\n(i) the fact that the Racing Integrity Commissioner intends to conduct an investigation on a public interest disclosure;\n\nS. 3(1) def. of *restricted racing area* inserted by No. 2/2023 s. 3(1).\n\n***restricted racing area*** means any of the following areas of land within a race-course—\n\n(a) a track which is being used for racing or training horses or greyhounds;\n\n(b) a space which is being used for—\n\n(i) keeping, saddling, mounting, parading or exercising horses; or\n\n(ii) keeping, parading or exercising greyhounds;\n\n(c) a pathway which connects 2 or more restricted racing areas;\n\n(d) a prescribed area of land;\n\nS. 3(1) def. of *RV* *Racing Appeals and Disciplinary Board* inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).\n\nS. 3(1) def. of *specified race-course* inserted by No. 55/2005 s. 3(1)(a).\n\n***specified race-course*** means—\n\n(a) an area of land described in an item in Schedule 2;\n\n(b) an area of land prescribed by the regulations to be a specified race‑course for the purposes of Division 5;\n\nS. 3(1) def. of *sporting contingency* repealed by No. 16/2001 s. 3(1)(c).\n\nS. 3(1) def. of *spouse* inserted by No. 72/2001 s. 3(Sch. item 11.1), amended by No. 55/2005 s. 3(1)(b).\n\n***spouse*** of a person means a person to whom the person is married;\n\nS. 3(1) def. of *steward* inserted by No. 55/2005 s. 3(1)(a), substituted as *Steward* by No. 52/2009 s. 4(c).\n\n***Steward*** means a person appointed as such in accordance with the rules of a controlling body or a person so appointed as a Deputy Steward;\n\nS. 3(1) def. of *Trotting race* repealed by No. 9924 s. 15(a).\n\nS. 3(1) def. of *Victorian Racing Tribunal* inserted by No. 37/2018 s. 8(2).\n\n***Victorian Racing Tribunal*** means the Victorian Racing Tribunal established under section 50B.\n\nS. 3(1A) inserted by No. 72/2001 s. 3(Sch. item 11.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 50.2).\n\n(1A) For the  purposes of the definition of ***domestic partner*** in subsection  (1)—\n\n(a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and\n\n(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and\n\n(c) a person is not a domestic partner of another person only because they are co-tenants.\n\n(2) For the purposes of this Part—\n\nS. 3(2)(a) amended by No. 50/2015 s. 3(2).\n\n(a) any reference in this Part to the distance of a race-course or a municipal district or part thereof from the north-east corner of Bourke and Elizabeth Streets, Melbourne shall be read and construed and take effect as if it were a reference to such distance measured according to the nearest practicable route (by road or railway or by road and railway, as the case may be) from that corner to such race-course or municipal district or part thereof;\n\n(b) a match or race between two horses only shall not be deemed a race-meeting.\n\nS. 3(3) amended by No. 17/1992 s. 6(1).\n\n(3) In the construction of this Part, unless the contrary intention appears, a year shall be deemed to commence on the first day of August.\n\nS. 3(4) substituted by No. 9050 s. 2(b), amended by No. 9671 s. 28, substituted by No. 16/2001 s. 3(2).\n\n(4) Save as otherwise provided in this Part, any mixed sports gathering held on any land whatsoever in Victoria shall be deemed to be a race-meeting for the purposes of this Act.\n\nS. 3(5) inserted by No. 55/2005 s. 3(2).\n\n(5) In this Part, the \"duration of a race-meeting\" must be determined in accordance with section 14A.\n\nS. 3A inserted by No. 35/2001 s. 4.\n\n","sortOrder":17},{"sectionNumber":"3A","sectionType":"section","heading":"Certification of company to be Racing Victoria","content":"\t3A Certification of company to be Racing Victoria\n\n(1) For the purposes of this Act, the Minister may certify that a company is Racing Victoria.\n\n(2) The Minister must not make a certification under subsection (1) unless—\n\n(a) the company is registered as a company limited by guarantee; and\n\nS. 3A(2)(b) amended by No. 10/2018 s. 5.\n\n(b) the Minister is satisfied that the constitution of the company includes provisions as set out in Schedule 1 (as in force before its repeal) or that are to the effect of the provisions set out in Schedule 1 (as in force before its repeal).\n\n(3) As soon as possible after making a certification under subsection (1), the Minister must cause the certification and a copy of the constitution of the company to be published in the Government Gazette.\n\n(4) A certification under subsection (1) has effect from the beginning of the day on which it is published in the Government Gazette.\n\n(5) Once the Minister has made a certification under subsection (1), the power to make the certification is exhausted and the Minister does not have the power to make any further certification under that subsection.\n\nS. 3B inserted by No. 35/2001 s. 4.\n\n","sortOrder":18},{"sectionNumber":"3B","sectionType":"section","heading":"Repeal or modification of constitution of Racing Victoria","content":"\t3B Repeal or modification of constitution of Racing Victoria\n\n(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.\n\n(2) The Minister must cause a copy of a notification given under subsection (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.\n\n(3) A House of Parliament may, on or before the 6th sitting day of that House after a copy of the notification is laid before it under subsection (2), resolve to disapprove the special resolution.\n\n(4) If a House of Parliament is prorogued or the Legislative Assembly is dissolved—\n\n(a) the prorogation or dissolution does not affect the power of the House to pass a resolution disapproving the special resolution; and\n\n(b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.\n\n(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.\n\n(6) A special resolution which has been disapproved by a House of Parliament has no effect.\n\n(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 subsection (5).\n\nS. 3C inserted by No. 10/2018 s. 6.\n\n","sortOrder":19},{"sectionNumber":"3C","sectionType":"section","heading":"Functions powers and duties of Minister under the constitution of Racing Victoria","content":"\t3C Functions powers and duties of Minister under the constitution of Racing Victoria\n\nFor the purposes of this Act, the Minister may perform any functions, exercise any powers and carry out any duties conferred on the Minister by the constitution of Racing Victoria for or with respect to the selection, appointment, resignation and removal of Directors of the Board of Racing Victoria.\n\nS. 3D inserted by No. 10/2018 s. 6.\n\n","sortOrder":20},{"sectionNumber":"3D","sectionType":"section","heading":"Racing Victoria not to represent the Crown","content":"\t3D Racing Victoria not to represent the Crown\n\nRacing Victoria does not represent the Crown.\n\nS. 3E inserted by No. 10/2018 s. 6.\n\n","sortOrder":21},{"sectionNumber":"3E","sectionType":"section","heading":"Racing Victoria not a public entity or public body","content":"\t3E Racing Victoria not a public entity or public body\n\n(1) Racing Victoria is not a public entity within the meaning of the **Public Administration Act 2004**.\n\n(2) Racing Victoria is not a public body within the meaning of the **Financial Management Act 1994**.\n\nPt 1 Div. 2 (Heading) amended by No. 73/2008 s. 4.\n\n","sortOrder":22},{"sectionNumber":"Div 2","sectionType":"division","heading":"Legality of betting","content":"Division 2—Legality of betting\n\nNo. 6070 s. 4.\n\nS. 4  \namended by Nos 7621 s. 13(1), 9050 s. 2(c), 9269 s. 3, 9671 s. 28, 9924 s. 14(a)(b), 125/1986 s. 5, 73/1988 s. 5, 12/1991 s. 3(a), substituted by No. 37/1994 s. 175, amended by Nos 97/1998 s. 5, 16/2001 s. 4, 19/2002 s. 4, 114/2003 s. 12.1.3 (Sch. 6 item 10.2), 18/2007 s. 6(b)–(e), substituted by No. 73/2008 s. 5.\n\n","sortOrder":23},{"sectionNumber":"4","sectionType":"section","heading":"Betting with registered bookmaker","content":"\t4 Betting with registered bookmaker\n\nS. 4(1) amended by Nos 55/2012 s. 5(1), 56/2014 s. 63(1)(a).\n\n(1) Despite anything in the **Gambling Regulation Act 2003** (except Divisions 5 and 6 of Part 5 of Chapter 4) or any other law, it is not a contravention of that Act or law, and a racecourse or an approved off-course premises is not a place provided for the purposes of unauthorised gambling within the meaning of Chapter 2 of that Act, if a person bets by way of wagering—\n\n(a) on any horse race, harness race or greyhound race; or\n\nS. 4(1)(b) amended by No. 56/2014 s. 63(1)(b).\n\n(b) on any approved betting event—\n\nS. 4(1)(c) repealed by No. 56/2014 s. 63(1)(c).\n\nin accordance with this section.\n\n(2) The racecourse must be licensed under this Part.\n\nS. 4(3) amended by No. 55/2012 s. 5(2).\n\n(3) The bet must be made—\n\n(a) with a registered bookmaker; or\n\n(b) with an approved substitute—\n\nwho is present on the racecourse or approved off‑course premises at the time the bet is made.\n\n(4) The bet must be made—\n\nS. 4(4)(a) amended by No. 55/2012 s. 5(3)(a).\n\n(a) during the holding of a race meeting at the racecourse by a person present on the racecourse with a registered bookmaker or approved substitute present on the racecourse; or\n\nS. 4(4)(b) amended by No. 55/2012 s. 5(3)(b).\n\n(b) at any time by a person using a method of communication approved by the Minister under section 4A.\n\n(5) In this section, a reference to a racecourse licensed under this Part includes a reference to land otherwise authorised for the holding of race meetings under this Part or Part III.\n\nS. 4A inserted by No. 73/2008 s. 5.\n\n","sortOrder":24},{"sectionNumber":"4A","sectionType":"section","heading":"Methods of remote betting","content":"\t4A Methods of remote betting\n\nS. 4A(1) amended by No. 55/2012 s. 6.\n\n(1) The Minister, by notice published in the Government Gazette, may approve a method of communication which may be used by registered bookmakers or approved substitutes to accept bets from persons.\n\n(2) The Minister may give approval for any period and on any conditions that the Minister thinks fit and may vary or withdraw any approval so given.\n\nS. 4B inserted by No. 55/2012 s. 7.\n\n","sortOrder":25},{"sectionNumber":"4B","sectionType":"section","heading":"Application for approval to use methods of approved remote betting on off-course premises","content":"\t4B Application for approval to use methods of approved remote betting on off-course premises\n\n(1) A registered bookmaker issued with a club bookmaker's licence may apply to the controlling body that issued the licence, for approval to make or accept bets at premises other than a racecourse, using a method of communication approved by the Minister under section 4A.\n\n(2) An application under subsection (1) must—\n\n(a) be in writing;\n\n(b) specify the premises for which approval under subsection (1) is sought;\n\n(c) be in the form specified by the controlling body.\n\nS. 4C inserted by No. 55/2012 s. 7.\n\n","sortOrder":26},{"sectionNumber":"4C","sectionType":"section","heading":"Approval of off-course premises for remote betting usage","content":"\t4C Approval of off-course premises for remote betting usage\n\n(1) A controlling body that receives an application under section 4B may approve premises in Victoria that are not on a racecourse as premises at which the applicant may make or accept bets using a method of communication approved by the Minister under section 4A.\n\n(2) In deciding whether to approve a premises as an approved off-course premises, a controlling body must have regard to—\n\n(a) whether the premises the subject of the application are appropriate premises for the applicant to make or accept bets using a method of communication approved by the Minister under section 4A;\n\n(b) whether the applicant and the premises the subject of the application comply with, and are capable of continuing to comply with, any requirements prescribed by the Minister under section 4E.\n\n(3) A controlling body must, as soon as practicable after making a decision—\n\n(a) give the applicant under section 4B written notice of its decision to grant or refuse an approval under this section;\n\n(b) give the Commission written advice of a decision by the controlling body to grant or refuse an approval under this section.\n\n(4) A controlling body may make an approval granted under this section subject to any conditions specified in the written approval.\n\n(5) In addition to any condition specified by a controlling body under subsection (4), the following conditions apply to an approval granted under this section—\n\n(a) that the approved off-course premises not be open to, or available for use by, the public or a section of the public for any purpose related to betting;\n\n(b) that the registered bookmaker granted an approval under this section continue to comply with any requirements prescribed by the Minister under section 4E.\n\n(6) The controlling body that grants an approval under this section may revoke that approval at any time by written notice given to the registered bookmaker.\n\nS. 4C(7) amended by No. 37/2018 s. 9.\n\n(7) A registered bookmaker may appeal a decision by a controlling body to refuse an approval under this section to the Victorian Racing Tribunal.\n\nS. 4D inserted by No. 55/2012 s. 7.\n\n","sortOrder":27},{"sectionNumber":"4D","sectionType":"section","heading":"Cancellation or suspension of approval for approved off‑course premises or variation of conditions","content":"\t4D Cancellation or suspension of approval for approved off‑course premises or variation of conditions\n\n(1) A controlling body may by written notice to a registered bookmaker cancel, or suspend for a period specified by the controlling body, an approval granted to the registered bookmaker under section 4C if the bookmaker fails to comply with a condition of that approval.\n\n(2) A controlling body may vary the conditions of an approval granted to a registered bookmaker under section 4C—\n\n(a) on the written request of the bookmaker;\n\n(b) on the controlling body's own motion;\n\n(c) following a variation of any requirements, prescribed by the Minister under section 4E, that the registered bookmaker must comply with before the approval is granted.\n\n(3) If a controlling body varies the conditions of an approval under subsection (2), the controlling body must give written notice of the variation, as soon as practicable after the decision to vary the conditions is made, to—\n\n(a) the registered bookmaker;\n\n(b) the Commission.\n\nS. 4D(4) amended by No. 37/2018 s. 10.\n\n(4) A registered bookmaker may appeal any decision of a controlling body under this section to the Victorian Racing Tribunal.\n\nS. 4E inserted by No. 55/2012 s. 7.\n\n","sortOrder":28},{"sectionNumber":"4E","sectionType":"section","heading":"Minister may prescribe requirements to be complied with by bookmakers for approval to accept bets off‑course","content":"\t4E Minister may prescribe requirements to be complied with by bookmakers for approval to accept bets off‑course\n\n(1) The Minister, by notice published in the Government Gazette, may prescribe requirements that a registered bookmaker must comply with before a controlling body grants the registered bookmaker approval to make or accept bets at premises other than a racecourse, using a method of communication the Minister has approved under section 4A.\n\n(2) The Minister may vary requirements prescribed under subsection (1) by notice published in the Government Gazette.\n\n(3) Requirements (including any variation of those requirements) prescribed under this section apply on and from the publication of the notice or on any later date specified in the notice.\n\nS. 4F inserted by No. 55/2012 s. 7.\n\n","sortOrder":29},{"sectionNumber":"4F","sectionType":"section","heading":"Commission to notify controlling body of certain matters","content":"\t4F Commission to notify controlling body of certain matters\n\n(1) This section applies if, in respect of a registered bookmaker who holds an approval under section 4C, the Commission—\n\n(a) finds or is advised that the registered bookmaker failed to comply with a condition of that approval; or\n\n(b) suspends or cancels the registration of the bookmaker under section 4.5A.14 of the **Gambling Regulation Act 2003**.\n\n(2) The Commission must give the controlling body that gave an approval to a bookmaker under section 4C written notice of any finding, advice, suspension or cancellation as soon as practicable.\n\nS. 4G inserted by No. 55/2012 s. 7.\n\n","sortOrder":30},{"sectionNumber":"4G","sectionType":"section","heading":"Offence to breach conditions of approval to operate off‑course premises","content":"\t4G Offence to breach conditions of approval to operate off‑course premises\n\nA registered bookmaker who holds an approval for approved off-course premises granted under section 4C must not carry on the business of bookmaking at those premises unless it is in accordance with the conditions of that approval specified by the controlling body including any requirements specified by the Minister under section 4E.\n\nPenalty: For a first offence, 15 penalty units or imprisonment for 3 months or both;\n\nFor a second offence, 25 penalty units or imprisonment for 6 months or both;\n\nFor a third or subsequent offence, imprisonment for 12 months.\n\nS. 4H inserted by No. 55/2012 s. 7.\n\n","sortOrder":31},{"sectionNumber":"4H","sectionType":"section","heading":"Offence to open approved off-course premises to public","content":"\t4H Offence to open approved off-course premises to public\n\n(1) A bookmaker who holds an approval for an approved off-course premises who makes or takes a bet or bets to the value of less than $500 from a person who is present at the premises is guilty of an offence and liable to a penalty of—\n\n(2) A bookmaker who holds an approval for an approved off-course premises, who makes or takes a bet or bets to the value of $500 or more from a person who is present at the premises is guilty of an offence and liable to a penalty of—\n\n(3) An approved substitute for a bookmaker who holds an approval for an approved off-course premises who makes or takes a bet or bets to the value of less than $500 from a person who is present at the premises is guilty of an offence and liable to a penalty of—\n\n(4) An approved substitute for a bookmaker who holds an approval for an approved off-course premises, who makes or takes a bet or bets to the value of $500 or more from a person who is present at the premises is guilty of an offence and liable to a penalty of—\n\n(5) A person (other than a person to whom subsection (1), (2), (3) or (4) applies) who makes or takes a bet or bets to the value of less than $500 while present at the approved off-course premises is guilty of an offence and liable to a penalty of—\n\n(6) A person (other than a person to whom subsection (1), (2), (3) or (4) applies) who makes or takes a bet or bets to the value of $500 or more while present at the approved off-course premises is guilty of an offence and liable to a penalty of—\n\n(7) In this section—\n\n***relevant offence*** means an offence against subsection (1), (2), (3), (4), (5) or (6)  \nor an offence against a law of another State or Territory that would, if committed in Victoria, be an offence against subsection (1), (2), (3), (4), (5) or (6).\n\nS. 4I inserted by No. 55/2012 s. 7.\n\n","sortOrder":32},{"sectionNumber":"4I","sectionType":"section","heading":"Prohibition on publishing prohibited advertising in relation to the approved off‑course premises","content":"\t4I Prohibition on publishing prohibited advertising in relation to the approved off‑course premises\n\n(1) A registered bookmaker who holds an approval under section 4C must not publish or cause to be published—\n\n(a) any prohibited advertising in relation to approved off-course premises;\n\n(b) the address of the approved off-course premises.\n\n(2) A person must not, on behalf of a registered bookmaker who holds an approval under section 4C, publish or cause to be published—\n\n(a) any prohibited advertising in relation to approved off-course premises;\n\n(b) the address of the approved off-course premises.\n\n***prohibited*** ***advertising*** means any form of advertising that contains any information, term, expression, symbol or other thing—\n\n(a) that draws attention to, or can reasonably be taken to draw attention to, the approved off-course premises or the presence of bookmakers or approved substitutes in those premises; or\n\n(b) that uses a term or expression frequently associated with bookmakers or betting and associates those terms with the approved off-course premises;\n\n***publish*** includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers).\n\nNo. 6070 s. 5.\n\n","sortOrder":33},{"sectionNumber":"5","sectionType":"section","heading":"Rules and regulations about business at race‑courses, bookmakers etc.","content":"\t5 Rules and regulations about business at race‑courses, bookmakers etc.\n\n(1) The committee or other managing body of any club or association conducting race-meetings on any race-course licensed under this Part may with the approval of the Governor in Council make alter or rescind rules and regulations for—\n\n(a) the permitting of persons (approved by such committee or body) to carry on any business or vocation on any part of such race-course and prescribing the terms and conditions under which they may so carry on any such business or vocation upon payment of the fees or charges fixed by such rules or regulations; and\n\n(b) the preventing of persons not so approved and permitted or of persons offending against such rules or regulations from carrying on any business or vocation upon any part of such race-course and the removing of such persons therefrom:\n\nS. 5(1)  \nProviso amended by Nos 6462 s. 2(a), 7828 s. 7(1), 71/2008 s. 32(a).\n\nProvided that on any race-course no person shall carry on or be licensed or permitted to carry on the business or vocation of a bookmaker except on such parts of such race-course as are specially set apart for that purpose.\n\nS. 5(2) amended by Nos 6462 s. 2(b), 7828 s. 7(1), 125/1986 s. 13(a), 71/2008 s. 32(b).\n\n(2) Every person who in contravention of this section carries on the business or vocation of a bookmaker as aforesaid shall be guilty of an offence and liable to a penalty of not less than 2 penalty units or more than 5 penalty units.\n\nS. 5(3) amended by No. 6790 s. 3.\n\n(3) Any power under subsection (1) of this section or under any Act to make rules or regulations with respect to any licence or permit to any person to carry on the business or vocation of a bookmaker shall include a like power with respect to the issue of a substitute licence or substitute permit to any approved person nominated by the bookmaker to act during his illness or approved cause, subject to any conditions prescribed by such rules or regulations, on behalf and instead of such bookmaker for any specified period during the currency of the original licence or permit of such bookmaker.\n\n(4) The person to whom any substitute licence or substitute permit aforesaid is issued shall during the currency thereof be subject to the provisions of this Act and of every other Act in all respects as if he were a bookmaker being the holder of a licence or permit (other than a substitute licence or substitute permit) issued pursuant to any law in that behalf.\n\nS. 5(5) inserted by No. 17/1992 s. 12.\n\n(5) A power conferred by subsection (1) to make rules and regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—\n\n(a) specific fees;\n\n(b) maximum fees;\n\n(c) minimum fees;\n\n(d) fees that vary according to value or time or any other circumstance;\n\n(e) the manner of payment of fees;\n\n(f) the time or times at which fees are to be paid.\n\nS. 5(6) inserted by No. 17/1992 s. 12.\n\n(6) Rules and regulations made under this section may be made—\n\n(a) so as to provide for the exemption of persons or classes of persons from any of the rules and regulations providing for the imposition of fees; or\n\n(b) so as to provide for the refund of fees, in whole or in part.\n\nS. 5(7) inserted by No. 24/2000 s. 12(1).\n\n(7) A bookmaker who is liable to pay a levy under rules made under section 91B is not liable to pay a fee under any rules or regulations made under this section.\n\nS. 5(8) inserted by No. 24/2000 s. 12(1).\n\n(8) If a rule or regulation made under this section is inconsistent with a rule made under section 91A or 91B, the rule or regulation made under this section is void to the extent of the inconsistency.\n\nPt 1 Div. 2A (Heading and ss 5A–5D) inserted by No. 97/1998 s. 6.\n\n","sortOrder":34},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Club betting permits","content":"Division 2A—Club betting permits\n\nS. 5A  \ninserted by No. 97/1998 s. 6, amended by Nos 114/2003 s. 12.1.3 (Sch. 6 item 10.3), 18/2007 s. 6(f), 56/2014 s. 63(2).\n\n","sortOrder":35},{"sectionNumber":"5A","sectionType":"section","heading":"Betting in accordance with club betting permits","content":"\t5A Betting in accordance with club betting permits\n\nDespite anything in the **Gambling Regulation Act 2003** (except Divisions 5 and 6 of Part 5 of Chapter 4) or any other law, it is not a contravention of that Act or law, and a premises is not a place provided for the purposes of unauthorised gambling within the meaning of Chapter 2 of that Act, if a person bets by way of wagering—\n\n(a) at that premises and that premises is a premises specified in a club betting permit; and\n\n(b) in accordance with the conditions of the permit.\n\nS. 5B  \n\n","sortOrder":36},{"sectionNumber":"5B","sectionType":"section","heading":"Grant of club betting permits","content":"\t5B Grant of club betting permits\n\nS. 5B(1) amended by Nos 16/2001 s. 5, 18/2007 s. 6(g).\n\n(1) The Minister may grant a permit to any specified body to allow betting on any horse race, any harness race, any greyhound race or on any approved betting event—\n\n(a) at the premises; and\n\n(b) in accordance with the conditions; and\n\n(c) on the day and for the period—\n\nspecified in the permit by the Minister.\n\nS. 5B(1A) inserted by No. 74/2010 s. 32(1).\n\n(1A) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a permit granted under this section is declared not to be personal property.\n\nS. 5B(2) def. of *specified body* amended by Nos 16/2001 s. 28(Sch. item 1), 35/2001 s. 6(Sch. 1 item 1).\n\n***specified body*** means—\n\n(a) any racing club licensed under section 24A; or\n\n(b) Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria; or\n\n(c) the Stawell Athletic Club Incorporated or the Victorian Club Limited.\n\nS. 5C  \n\n","sortOrder":37},{"sectionNumber":"5C","sectionType":"section","heading":"Conditions of the permits","content":"\t5C Conditions of the permits\n\n(1) The Minister may specify conditions in the permit dealing with all or any of the following matters—\n\n(a) the type of betting;\n\n(b) the class of bookmakers who may conduct the betting;\n\n(c) the supervision of the betting and the body who is to conduct the supervision;\n\n(d) any other matter the Minister thinks fit.\n\n(2) The permit is subject to a condition that the holder of the permit must not obtain any financial benefit from bets made under the permit.\n\n(3) The Minister may add to, vary or revoke any conditions on a permit.\n\nS. 5D  \n\n","sortOrder":38},{"sectionNumber":"5D","sectionType":"section","heading":"Revocation of permits","content":"\t5D Revocation of permits\n\nThe Minister may revoke a permit, for any just and reasonable cause, at any time.\n\nPt. 1 Div. 2B (Heading and ss 5E–5G) inserted by No. 77/2013 s. 40.\n\n","sortOrder":39},{"sectionNumber":"Div 2B","sectionType":"division","heading":"Rules of Racing Victoria","content":"Division 2B—Rules of Racing Victoria\n\nS. 5E (Heading) substituted by No. 2/2022 s. 29(2).\n\nS. 5E inserted by No. 77/2013 s. 40.\n\n","sortOrder":40},{"sectionNumber":"5E","sectionType":"section","heading":"Definition","content":"\t5E Definition\n\nIn this Division—\n\nS. 5E def. of *Australian lawyer* repealed by No. 2/2022 s. 29(3).\n\n***Rules of Racing*** means the rules, for the time being in force, of Racing Victoria.\n\nS. 5F inserted by No. 77/2013 s. 40.\n\n","sortOrder":41},{"sectionNumber":"5F","sectionType":"section","heading":"Rules of Racing Victoria binding on certain persons","content":"\t5F Rules of Racing Victoria binding on certain persons\n\n(1) The Rules of Racing apply to and may be enforced against—\n\n(a) a person who is the holder of a licence, registration, permit or other authority issued by Racing Victoria; or\n\n(b) subject to subsection (2), a relevant person.\n\n(2) In relation to a relevant person, the Rules of Racing must provide that, if there is to be an investigation or inquiry in relation to horse racing or wagering or both under the Rules of Racing in which the Rules of Racing may be applied to or enforced against a relevant person—\n\n(a) the investigation or inquiry must be initiated by a Steward; and\n\n(b) in conducting the investigation or inquiry, the Steward must have reasonable grounds to suspect the relevant person—\n\n(i) may have contravened the Rules of Racing; or\n\n(ii) may be involved in a contravention of the Rules of Racing; or\n\n(iii) may have knowledge or possession of information as to a contravention of the Rules of Racing—\n\nbecause of—\n\n(iv) the person's attendance at a race‑meeting of horse racing in Victoria; or\n\n(v) the person's participation in an activity in connection with or involving horse racing in Victoria or wagering on horse racing in Victoria.\n\nS. 5G inserted by No. 77/2013 s. 40, repealed by No. 37/2018 s. 11.\n\n","sortOrder":42},{"sectionNumber":"Div 3","sectionType":"division","heading":"Regulation of race-meetings","content":"Division 3—Regulation of race-meetings\n\nHeading preceding s. 6 repealed by No. 37/1994 s. 176.\n\nNo. 6070 s. 6.\n\nS. 6  \namended by No. 9924 s. 15(b), substituted by No. 37/1994 s. 177.\n\n","sortOrder":43},{"sectionNumber":"6","sectionType":"section","heading":"Holding of race-meetings","content":"\t6 Holding of race-meetings\n\n(1) Unless this Part otherwise provides, a race-meeting for horse racing or harness racing or greyhound racing may only be held—\n\n(a) on a race-course licensed under section 24 for that type of racing; and\n\nS. 6(1)(b) amended by Nos 16/2001 s. 28(Sch. item 2), 35/2001 s 6(Sch. 1 item 2(a)).\n\n(b) by Harness Racing Victoria or Greyhound Racing Victoria, as the case requires, or by a club licensed under section 24A to conduct race-meetings for that type of racing on that race-course; and\n\nS. 6(1)(c) amended by Nos 16/2001 s. 28(Sch. item 2), 35/2001 s. 6(Sch. 1 item 2(b)).\n\n(c) in accordance with the rules for the time being in force of Racing Victoria or Harness Racing Victoria or Greyhound Racing Victoria, as the case may be.\n\n(2) Despite subsection (1), race meetings may be conducted, with the consent of the owners or trustees of a licensed race-course, by one or more of the Findon Harriers's Hunt Club, Melbourne Hunt Club, Oaklands Hunt Club and Yarra Glen and Lilydale Hunt Club for the benefit of such of the hunts clubs as the Minister determines.\n\nS. 6(3) amended by No. 2/2022 s. 5.\n\n(3) Race-meetings must not be held on Christmas Day.\n\nS. 6A  \ninserted by No. 9924 s. 5, repealed by No. 37/1994 s. 177.\n\nNo. 6070 s. 7.\n\nS. 7  \namended by Nos 6836 s. 11(a), 7404 s. 2, 8344 s. 26(3)(b), S.R. No. 166/1974, reg. 2  \nNos 8690 s. 2(a), 8776 s. 2(a)(b), 9671 s. 28, substituted by Nos 9924 s. 6, 37/1994 s. 177, amended by Nos 98/1994 s. 27(a)–(c), 16/2001 s. 28(Sch. item 3), 35/2001 s. 6(Sch. 1 item 3).\n\n","sortOrder":44},{"sectionNumber":"7","sectionType":"section","heading":"Transfer of race-meeting to another race-course","content":"\t7 Transfer of race-meeting to another race-course\n\nDespite section 6, if a club licensed to conduct race-meetings on a race-course satisfies Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria, as the case may be, that it is impossible, impracticable or inexpedient to hold a race-meeting or continue to hold race-meetings on that race-course, Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria, as the case may be, may authorise the club to hold race-meetings on another race-course licensed under this Part.\n\nSs 8–14 repealed.[[1]](#endnote-2)\n\nS. 14A inserted by No. 9146 s. 2(2), substituted by Nos 28/1986 s. 4, 37/1994 s. 179, amended by No. 2/2023 s. 4.\n\n","sortOrder":45},{"sectionNumber":"14A","sectionType":"section","heading":"Duration of race-meetings","content":"\t14A Duration of race-meetings\n\nUnless the Minister otherwise directs, a race‑meeting must commence and finish on the same day and is deemed for the purposes of this Act and the **Gambling Regulation Act 2003** to commence 1 hour before the advertised starting time of the first race, and to finish 1 hour after the actual starting time of the last race, to be conducted at that meeting.\n\nS. 14AB inserted by No. 2/2023 s. 5.\n\n\t14AB Duration of official trial meetings\n\nUnless the Minister otherwise directs, an official trial meeting—\n\n(a) must commence and finish on the same day; and\n\n(b) for the purposes of this Act—\n\n(i) is taken to commence one hour before the advertised starting time of the first trial to be conducted at that meeting; and\n\n(ii) is taken to finish one hour after the actual starting time of the last trial to be conducted at that meeting.\n\nS. 14B inserted by No. 37/1994 s. 179, amended by No. 35/2001 s. 6(Sch. 1 item 4).\n\n","sortOrder":46},{"sectionNumber":"14B","sectionType":"section","heading":"Dates and times for horse racing","content":"\t14B Dates and times for horse racing\n\nSubject to this Part, the dates and times for horse race-meetings are such dates and times as are fixed by and under the rules for the time being in force of Racing Victoria.\n\nSs 15–18A repealed.[[2]](#endnote-3)\n\nNew s. 18  \ninserted by No. 73/1996  \ns. 79.\n\n","sortOrder":47},{"sectionNumber":"18","sectionType":"section","heading":"Picnic race-meetings","content":"\t18 Picnic race-meetings\n\nS. 18(1) amended by Nos 35/2001 s. 6(Sch. 1 item 5(a)), 50/2015 s. 3(3).\n\n(1) Despite anything to the contrary in this Part, a club may apply to the Minister for the issue of a permit authorising the club to hold picnic race‑meetings registered in accordance with the rules of Racing Victoria on specified land 32 kilometres or more from the north-east corner of Bourke and Elizabeth Streets, Melbourne on any day permitted by this Act and approved by Racing Victoria.\n\nS. 18(2) amended by No. 35/2001 s. 6(Sch. 1 item 5(b)).\n\n(2) The Minister may, after consultation with Racing Victoria, issue such a permit, subject to any conditions that the Minister thinks fit.\n\nS. 18(4)(b) amended by No. 35/2001 s. 6(Sch. 1 item 5(c)).\n\n(b) must cancel a permit issued to a club if Racing Victoria notifies the Minister in writing that the club has no picnic race‑meetings registered in accordance with its rules.\n\nS. 18(6) amended by No. 35/2001 s. 6(Sch. 1 item 5(d)).\n\n(6) A picnic race-meeting authorised by a permit under this section must be conducted under the rules of Racing Victoria.\n\nHeading preceding s. 19  \nrepealed by No. 37/1994 s. 180(e).\n\nNo. 6070 s. 19.\n\nS. 19 amended by Nos 6607 s. 2(b)(i), 6851 s. 2(a), 8344 s. 26(3)(g), S.R. No. 166/1974 reg. 2, Nos 9671 s. 2, 9902 s. 2(1)(Sch. item 215).\n\n","sortOrder":48},{"sectionNumber":"19","sectionType":"section","heading":"Picnic race-meetings and mixed sports gatherings in country","content":"\t19 Picnic race-meetings and mixed sports gatherings in country\n\nS. 19(1) amended by Nos 17/1992 s. 4(2), 73/1996 s. 80(a)(i)(ii), 97/1998 s. 7, 16/2001 s. 6, 96/2003 s. 17(1).\n\n(1) Notwithstanding anything to the contrary in this Part any club or association or body of persons may with the previous consent, with or without conditions, in writing of the Minister or of any person duly authorized in that behalf by the Minister (whether generally or in any particular case) and on payment of the prescribed fee (if any) hold a mixed sports gathering on land approved by the Minister or any authorized person aforesaid for the holding of such gathering on any specified day including ANZAC Day.\n\nS. 19(1A) inserted by No. 9050 s. 2(d), amended by No. 9388 s. 9, repealed by No. 17/1992 s. 4(3).\n\nS. 19(1B) inserted by No. 19/1986 s. 16,  \nrepealed by No. 17/1992 s. 4(3).\n\nS. 19(2) inserted by No. 6607 s. 2(b)(ii), amended by Nos 6851 s. 2(b), 73/1996 s. 80(b), 96/2003 s. 17(1).\n\n(2) Where any mixed sports gathering is held pursuant to subsection (1) of this section on ANZAC Day in any year the provisions of subsections (3) and (4) of section twenty-two A and of section twenty-two B of this Act shall apply as if such mixed sports gathering were a race-meeting.\n\nS. 19AA inserted by No. 37/1994 s. 181, repealed by No. 97/1998 s. 8.\n\nS. 19A inserted by No. 9269 s. 4, amended by Nos 9671  \nss 29, 30, 125/1986 s. 5, 37/1994  \ns. 182(a), substituted by No. 73/1996  \ns. 81.\n\n","sortOrder":49},{"sectionNumber":"19A","sectionType":"section","heading":"Restricted harness racing meetings","content":"\t19A Restricted harness racing meetings\n\nS. 19A(1) amended by Nos 16/2001 s. 28(Sch. item 4(a)), 50/2015 s. 3(4).\n\n(1) Despite anything to the contrary in this Part, a club may apply to the Minister for the issue of a permit authorising the club to hold restricted harness racing meetings approved in accordance with the rules of Harness Racing Victoria on specified land 32 kilometres or more from the north-east corner of Bourke and Elizabeth Streets, Melbourne on any day permitted by this Act and approved by Harness Racing Victoria.\n\nS. 19A(2) amended by No. 16/2001 s. 28(Sch. item 4(b)).\n\n(2) The Minister may, after consultation with Harness Racing Victoria, issue such a permit, subject to any conditions that the Minister thinks fit.\n\nS. 19A(4)(b) amended by No. 16/2001 s. 28(Sch. item 4(c)).\n\n(b) must cancel a permit issued to a club if Harness Racing Victoria notifies the Minister in writing that the club has no restricted harness racing meetings approved in accordance with its rules.\n\nS. 19A(6) amended by No. 16/2001 s. 28(Sch. item 4(d)).\n\n(6) A restricted harness racing meeting authorised by a permit under this section must be conducted under the rules of Harness Racing Victoria.\n\nNo. 6070 s. 20.\n\nS. 20 amended by No. 8344 s. 26(3)(h), substituted by No. 73/1996  \ns. 82.\n\n","sortOrder":50},{"sectionNumber":"20","sectionType":"section","heading":"Point-to-point steeplechases held by hunt clubs","content":"\t20 Point-to-point steeplechases held by hunt clubs\n\nS. 20(1) amended by No. 35/2001 s. 6(Sch. 1 item 6(a)).\n\n(1) Despite anything to the contrary in this Part, a hunt club may apply to the Minister for the issue of a permit authorising the hunt club to hold point‑to-point steeplechase races registered in accordance with the rules of Racing Victoria on specified land on any day permitted by this Act and approved by Racing Victoria.\n\nS. 20(2) amended by No. 35/2001 s. 6(Sch. 1 item 6(b)).\n\n(2) The Minister may, after consultation with Racing Victoria, issue such a permit, subject to any conditions that the Minister thinks fit.\n\nS. 20(4)(b) amended by No. 35/2001 s. 6(Sch. 1 item 6(c)).\n\n(b) must cancel a permit issued to a hunt club if Racing Victoria notifies the Minister in writing that the hunt club has no point‑to‑point steeplechase races registered in accordance with its rules.\n\nS. 20(6) amended by No. 35/2001 s. 6(Sch. 1 item 6(d)).\n\n(6) Point-to-point steeplechase races authorised by a permit under this section must be conducted under the rules of Racing Victoria.\n\n(7) Nothing done or omitted to be done in accordance with a permit shall be taken to be an offence under this Part.\n\n(8) Nothing in this section relieves a person concerned in holding point-to-point steeplechase races in accordance with a permit from any civil liability which the person has incurred by reason of having been so concerned.\n\nNo. 6070 s. 21.\n\n","sortOrder":51},{"sectionNumber":"21","sectionType":"section","heading":"Charitable race-meetings on metropolitan race‑courses in excess of statutory number","content":"\t21 Charitable race-meetings on metropolitan race‑courses in excess of statutory number\n\nS. 21(1) amended by Nos 6836 s. 11(a), 8344 s. 26(3)(i), 8566 s. 4(1), S.R. No. 166/1974 reg. 2, No. 37/1994 s. 182(b)(c).\n\n(1) Notwithstanding anything to the contrary in this Part the Minister may permit the owners or trustees of any race-course to hold race-meetings on such race-course for any charitable or benevolent purpose.\n\nS. 21(2) amended by No. 8344 s. 26(3)(i),  \nS.R. No. 166/1974 reg. 2, substituted by No. 97/1998 s. 9.\n\n(2) The net profit from any such meeting must be paid by the racing club conducting the meeting to the Hospitals and Charities Fund within 2 months from the day on which the meeting was held.\n\nS. 21(2) Proviso repealed by No. 37/1994 s. 182(d).\n\nS. 21(3) substituted by No. 97/1998 s. 9.\n\n(3) In this section ***Hospitals and Charities Fund*** means the Hospitals and Charities Fund established under the **Health Services Act 1988**.\n\nS. 21(4) repealed by No. 8566 s. 4(2).\n\nNo. 6070 s. 22.\n\nS. 22 amended by Nos 7621 s. 13(2)(a), 114/2003 s. 12.1.3(Sch. 6 item 10.4(a)).\n\n","sortOrder":52},{"sectionNumber":"22","sectionType":"section","heading":"Harness races at agricultural shows","content":"\t22 Harness races at agricultural shows\n\nNotwithstanding anything to the contrary in this Act or the **Gambling Regulation Act 2003**—\n\nS. 22(a) substituted by No. 6678 s. 2, amended by Nos 8344 s. 26(3)(j), 9671 s. 28, 73/1996 s. 85(a).\n\n(a) the holding of not more than six harness races (of which in the case of the Royal Agricultural Society of Victoria not more than three shall be held before seven o'clock in the evening and not more than three shall be held after seven o'clock in the evening) on any one day at the annual show of any Agricultural Society shall not be unlawful if—\n\nS. 22(a)(i) amended by No. 9038 s. 2(a), repealed by No. 73/1996  \ns. 85(b).\n\n(ii) the total amount of the prize or prizes in money (if any)—\n\n(in the case of the Royal Agricultural Society of Victoria) given in respect of all such races on any day does not exceed the sum of $1200; or (in the case of any other Agricultural Society) given in respect of any one of such races on any day does not exceed the sum of $150; and\n\nS. 22(a)(iii) amended by Nos 9671 s. 29, 16/2001 s. 28(Sch. item 5).\n\n(iii) all such races are registered by and under the rules for the time being in force of Harness Racing Victoria;\n\n(b) races held in accordance with the foregoing provisions of this section shall not—\n\nS. 22(b)(i) amended by Nos 7621 s. 13(2)(b)(i), 114/2003 s. 12.1.3 (Sch. 6 item 10.4(b)).\n\n(i) for the purposes of this Part and the **Gambling Regulation Act 2003** be deemed to be a race-meeting; and\n\nS. 22(b)(ii) amended by No. 7621 s. 13(2)(b)(ii), repealed by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.4(c)).\n\nS. 22(c) amended by Nos 125/1986 s. 13(b), 16/2001 s. 7.\n\n(c) every person who (whether on any of such races or on any other betting contingency) on the land on which such show is being held or on any place adjacent thereto whether on his own behalf or for any other person wagers or bets or offers to wager or bet or pays or offers or promises to pay any wager or bet shall be liable to a penalty of not less than 2 penalty units or more than 10 penalty units for every such offence.\n\nS. 22A inserted by No. 6607 s. 2(a).\n\nS. 22A (Heading) inserted by No. 96/2003 s. 17(2).\n\n","sortOrder":53},{"sectionNumber":"22A","sectionType":"section","heading":"Race-meetings on ANZAC Day","content":"\t22A Race-meetings on ANZAC Day\n\nS. 22A(1) amended by No. 96/2003 s. 17(3).\n\n(1) No race-meeting for horse races shall be held on ANZAC Day in any year except—\n\nS. 22A(1)(a) amended by Nos 6836 s. 11(a), 8344 s. 26(3)(k), S.R. No. 166/1974 reg. 2, Nos 8776 s. 2(f), 40/2006 s. 41.\n\n(a) one race-meeting conducted by Victoria Racing Club Limited on the Flemington Race-course; and\n\nS. 22A(1)(b) substituted by No. 37/1994 s. 182(e), amended by No. 2/2022 s. 6.\n\n(b) such other race-meetings on such race‑courses as Racing Victoria determines.\n\nS. 22A(2) amended by Nos 9671 s. 28, 96/2003 s. 17(3).\n\n(2) No race-meeting for harness races shall be held on ANZAC Day in any year except—\n\nS. 22A(2)(a) amended by No. 9671 s. 29, substituted by No. 37/1994 s. 182(f), amended by No. 50/2015 s. 3(5).\n\n(a) one race-meeting on a race-course licensed for harness racing within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne; and\n\nS. 22A(2)(b) amended by No. 6836 s. 11(a), S.R. No. 166/1974 reg. 2, Nos 9671 s. 29, 16/2001 s. 28(Sch. item 6), 50/2015 s. 3(5).\n\n(b) one race-meeting on each of such race‑courses not being within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne as Harness Racing Victoria determines.\n\nS. 22A(3) amended by Nos 6836 s. 11(a), 8566 s. 5, S.R. No. 166/1974 reg. 2, substituted by No. 28/1986 s. 5, amended by No. 96/2003 s. 17(3).\n\n(3) A race at any race-meeting on ANZAC Day must not commence before 1 p.m.\n\nS. 22A(4) amended by Nos 8344 s. 26(3)(k), 96/2003 s. 17(3).\n\n(4) The person club or other body by or on behalf of whom or which any race-meeting is held on ANZAC Day shall within two months after the holding of such race-meeting—\n\n(a) supply to the Minister a detailed statement correctly setting out all receipts and expenditure in connexion with such race‑meeting and verified by statutory declaration made by such person or by the president or chairman and the secretary or treasurer of such club or body; and\n\nS. 22A(4)(b) amended by Nos 49/1987 s. 24(1)(a), 37/1994 s. 182(g)(i)(ii), 96/2003 s. 17(3).\n\n(b) pay the whole of the net profit from such race-meeting into the ANZAC Day Proceeds Fund established under the **ANZAC Day Act 1958**: Provided that the Minister may before the race-meeting is held authorize the payment of the net profit therefrom to any institution or organization in the district of the race-course if he is satisfied, after consultation with the president for the time being of the Victorian branch of the Returned Services League of Australia, that such institution or organization is one whose objects would permit it to be recommended to share in the distribution of the said Fund under subsection (3) of section four A of the said Act.\n\nS. 22A(5) amended by Nos 9671 s. 28, 9924 s. 10(2) (as amended by No. 10087 s. 3(1)(Sch. 1 item 198)), repealed by No. 37/1994 s. 182(h).\n\nS. 22A(6) repealed by No. 37/1994 s. 182(h).\n\nS. 22A(7) substituted by No. 17/1992 s. 6(2), repealed by No. 37/1994 s. 182(h).\n\nS. 22B inserted by No. 6607 s. 2(a), amended by Nos 125/1986 s. 13(g), 96/2003 s. 17(4).\n\n","sortOrder":54},{"sectionNumber":"22B","sectionType":"section","heading":"Penalty for failure to supply statement of receipts and expenditure or pay net profit from race-meeting to Fund","content":"\t22B Penalty for failure to supply statement of receipts and expenditure or pay net profit from race-meeting to Fund\n\nIf the net profit from any race-meeting held on ANZAC Day is not paid as provided in subsection (4) of section twenty-two A of this Act or if the statement of receipts and expenditure is not supplied in accordance with that subsection the person club or other body by or on behalf of whom or which such race-meeting was held and each member of the managing body or committee of such club or other body shall be liable to a penalty of not more than 10 penalty units.\n\nS. 22C repealed.[[3]](#endnote-4)\n\nHeading preceding s. 23  \nrepealed by No. 37/1994 s. 182(j).\n\nNo. 6070 s. 23.\n\nS. 23 amended by No. 125/1986 s. 13(c).\n\n","sortOrder":55},{"sectionNumber":"23","sectionType":"section","heading":"Penalty for holding unauthorized race-meeting","content":"\t23 Penalty for holding unauthorized race-meeting\n\nIf any race-meeting is held in contravention of this Part the owner or trustees of the race-course and the club association or person by or on behalf of which or whom such race-meeting was so held and each member of the managing body or committee of such trustees club or association and any person acting at such race-meeting as steward starter or judge shall be liable to a penalty of not less than 10 penalty units or more than 100 penalty units, but no person shall be liable if it is shown that he did not act wilfully in contravention of this Part.\n\nDivision 4—Issue of licences, &c.\n\nHeading preceding s. 24  \nrepealed by No. 37/1994 s. 182(k).\n\nNo. 6070 s. 24.\n\nS. 24 amended by Nos 6836 s. 11(a), 7621 s. 12(2), 8344 s. 26(3)(l), S.R. No. 166/1974 reg. 2, No. 9671 ss 28, 29, substituted by No. 37/1994 s. 183.\n\n","sortOrder":56},{"sectionNumber":"24","sectionType":"section","heading":"Race-course licence","content":"\t24 Race-course licence\n\n(1) The Minister may issue a race-course licence which authorises the holding of race-meetings for such one or more of the following types of racing on the race-course—\n\n(a) horse racing;\n\n(b) harness racing;\n\n(c) greyhound racing—\n\nas are specified in the licence.\n\nS. 24(2) repealed by No. 73/1996  \ns. 76(1).\n\n(3) The Minister may issue such a licence if satisfied that—\n\n(a) the location is appropriate; and\n\n(b) the facilities are suitable—\n\nfor a race-course.\n\nS. 24(4) substituted by No. 73/1996  \ns. 76(2).\n\n(4) Subject to subsection (5), a licence may be subject to any conditions that the Minister thinks fit.\n\n(5) A licence must not contain a condition restricting or specifying—\n\n(a) the number of race-meetings which may be held; or\n\n(b) the times at which or the days on which race‑meetings may be held.\n\nS. 24(6) substituted by No. 73/1996  \ns. 76(3).\n\n(6) A licence remains in force until it is cancelled or surrendered.\n\nS. 24(7) substituted by No. 73/1996  \ns. 76(3).\n\n(7) The Minister—\n\n(a) may cancel a licence for any just and reasonable cause stated in writing; and\n\n(b) must cancel a licence if the Minister is satisfied that the race-course in respect of which the licence is issued is no longer required by any club licensed under section 24A for the purpose of holding race‑meetings.\n\n(8) Without limiting subsection (7), the Minister may cancel a licence if—\n\n(a) the licensee has contravened this Act or the regulations or a condition of the licence; or\n\nS. 24(8)(b) amended by No. 73/1996  \ns. 76(4).\n\n(b) the Minister is no longer satisfied as required by subsection (3); or.\n\nS. 24(8)(c) inserted by No. 73/1996  \ns. 76(4).\n\n(c) the licence is no longer correct in its details.\n\nS. 24(9) inserted by No. 74/2010 s. 32(2).\n\n(9) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.\n\nS. 24A inserted by No. 37/1994 s. 183.\n\n","sortOrder":57},{"sectionNumber":"24A","sectionType":"section","heading":"Racing-club licence","content":"\t24A Racing-club licence\n\n(1) In this section ***club*** means—\n\nS. 24A(1)(a) amended by No. 35/2001 s. 6(Sch. 1 item 7(a)).\n\n(a) a club registered in accordance with the rules of Racing Victoria;\n\nS. 24A(1)(b) amended by No. 16/2001 s. 28(Sch. item 7(a)).\n\n(b) a club registered in accordance with the rules of Harness Racing Victoria;\n\nS. 24A(1)(c) amended by No. 16/2001 s. 28(Sch. item 7(b)).\n\n(c) a club registered in accordance with the rules of Greyhound Racing Victoria.\n\n(2) A club referred to in subsection (1)(a) may apply to the Minister for the issue of a racing-club licence which authorises the club to conduct race‑meetings for horse racing on specified race‑courses licensed under section 24 for horse racing.\n\nS. 24A(3) amended by No. 97/1998 s. 10(1).\n\n(3) A club referred to in subsection (1)(b) may apply to the Minister for the issue of a racing-club licence which authorises the club to conduct race‑meetings for harness racing on one or more specified race-courses which are licensed under section 24 for harness racing.\n\nS. 24A(4) amended by No. 97/1998 s. 10(2).\n\n(4) A club referred to in subsection (1)(c) may apply to the Minister for the issue of a racing-club licence which authorises the club to conduct race‑meetings for greyhound racing on one or more specified race-courses which are licensed under section 24 for greyhound racing.\n\nS. 24A(5) repealed by No. 73/1996  \ns. 77(1).\n\nS. 24A(6) amended by No. 77/2013 s. 42.\n\n(6) The Minister, after consultation with the Commission, must issue such a licence if satisfied that the applicant and its officers, if any, are of good reputation having regard to character, honesty and integrity.\n\nS. 24A(7) substituted by No. 73/1996  \ns. 77(2).\n\n(7) Subject to subsection (8), a licence may be subject to any conditions that the Minister thinks fit.\n\n(8) A licence must not contain a condition restricting or specifying—\n\n(a) the number of race-meetings which may be held; or\n\n(b) the times at which or the days on which race‑meetings may be held.\n\nS. 24A(9) substituted by No. 73/1996  \ns. 77(3).\n\n(9) A licence remains in force until it is cancelled or surrendered.\n\nS. 24A(10) substituted by No. 73/1996  \ns. 77(3).\n\n(10) The Minister—\n\n(a) may cancel a licence for any just and reasonable cause stated in writing; and\n\nS. 24A(10)(b) amended by Nos 16/2001 s. 28(Sch. item 7(c)), 35/2001 s. 6(Sch. 1 item 7(b)).\n\n(b) must cancel a licence if Racing Victoria or Harness Racing Victoria or Greyhound Racing Victoria (as the case may be) notifies the Minister in writing that the licensee is no longer registered in accordance with the relevant rules referred to in subsection (1).\n\n(11) Without limiting subsection (10), the Minister may cancel a licence if—\n\n(a) the licensee has contravened this Act or the regulations or a condition of the licence; or\n\n(b) the licensee has contravened the rules of the club referred to in section 26 or 59A, as the case may be; or\n\nS. 24A(11)(c) amended by No. 73/1996  \ns. 77(4).\n\n(c) the Minister is no longer satisfied as required by subsection (6); or\n\nS. 24A(11)(d) inserted by No. 73/1996  \ns. 77(4).\n\n(d) the licence is no longer correct in its details.\n\nS. 24A(11A) inserted by No. 16/2001 s. 8, amended by No. 77/2013 s. 42.\n\n(11A) The Minister may, at any time, consult with the Commission about a club or an office holder of a club.\n\n(12) A club may hold more than one racing-club licence.\n\n(13) A club holding a racing-club licence must furnish to the Minister its annual report and financial statements within 3 months after the end of the year to which they relate.\n\nS. 24A(14) inserted by No. 74/2010 s. 32(3).\n\n(14) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.\n\nNo. 6070 s. 25.\n\nS. 25 amended by Nos 8344 s. 26(3)(m), 37/1994 s. 184(a), 73/1996  \ns. 78.\n\n","sortOrder":58},{"sectionNumber":"25","sectionType":"section","heading":"Map of race-course","content":"\t25 Map of race-course\n\nWith each application for a first licence for a race‑course the applicant shall furnish the Minister with a map or plan thereof showing the running-course and the length thereof and with such information as may be required by the Minister.\n\nNo. 6070 s. 26.\n\nS. 26 amended by No. 8344 s. 26(3)(n).\n\n","sortOrder":59},{"sectionNumber":"26","sectionType":"section","heading":"Rules of the club","content":"\t26 Rules of the club\n\n(1) Before a licence authorizing any club to conduct a race-meeting is issued there shall be submitted to the Minister for his approval a copy of the rules constituting the club and prescribing the conditions under which the club may use the race‑course upon which its meetings are to be conducted.\n\nS. 26(2) amended by No. 16/2001 s. 9(1).\n\n(2) Any club which changes its constitution or the conditions under which it may use a race-course shall submit such alteration for the approval of the Minister within twenty-eight days of such alteration.\n\nS. 26(2A) inserted by No. 16/2001 s. 9(2).\n\n(2A) A change to the constitution of a club or to the conditions under which a club may use a race‑course does not take effect until it is approved by the Minister.\n\nS. 26(3) inserted by No. 28/1986 s. 6.\n\n(3) Nothing in this section confers any power or imposes any obligation on the Minister to enforce any rules which are approved in accordance with this section.\n\nSs 27, 28 repealed.[[4]](#endnote-5)\n\nNo. 6070 s. 29.\n\n","sortOrder":60},{"sectionNumber":"29","sectionType":"section","heading":"Licences not to authorize benefit meetings","content":"\t29 Licences not to authorize benefit meetings\n\nS. 29(1) amended by No. 37/1994 s. 185(1).\n\n(1) A race-course licence or racing club licence shall not authorize the conduct of a race-meeting from the profits of which any person receives a direct financial benefit.\n\nS. 29(1A) inserted by No. 37/1994 s. 185(2).\n\n(1A) A person must not knowingly receive a direct financial benefit from the profits of a race‑meeting.\n\nS. 29(1B) inserted by No. 37/1994 s. 185(2).\n\n(1B) A person must not conduct a race-meeting knowing that a person will receive a direct financial benefit from the profits of the race‑meeting.\n\nS. 29(1C) inserted by No. 37/1994 s. 185(2).\n\n(1C) If a club or association conducts a race-meeting and a person receives a direct financial benefit from the profits of the race-meeting, each member of the managing body or committee of the club or association is guilty of an offence.\n\nS. 29(1D) inserted by No. 37/1994 s. 185(2).\n\n(1D) In proceedings against a person for an offence under subsection (1C), it is a defence to prove that the person charged did not know that a person was to receive a direct financial benefit of the kind referred to in that subsection.\n\nS. 29(2) amended by No. 37/1994 s. 185(3)(a)(b).\n\n(2) Payment to an employee of the club for his or her services in relation to the functions of the club shall not be deemed to be a direct benefit for the purposes of this section.\n\nSs 30, 31 repealed.[[5]](#endnote-6)\n\nHeading preceding s. 32  \namended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(b).\n\nNo. 6070 s. 32.\n\n","sortOrder":61},{"sectionNumber":"32","sectionType":"section","heading":"Licences for harness race-meetings held by Harness Racing Victoria","content":"\t32 Licences for harness race-meetings held by Harness Racing Victoria\n\nS. 32(1)–(6) repealed.[[6]](#endnote-7)\n\nS. 32(6A) inserted by No. 9671 s. 3(a), amended by Nos 49/1987 s. 24(1)(b), 16/2001 s. 28(Sch. item 8).\n\n(6A) Notwithstanding anything to the contrary in this Act, the Minister may from time to time issue a permit to Harness Racing Victoria authorizing on such terms and conditions as he thinks fit the holding of a harness race-meeting on a specified race-course while a licence is in force in respect of the race-course.\n\nS. 32(7) inserted by No. 7691 s. 2, amended by No. 9671 ss 3(b), 28, repealed by No. 37/1994 s. 186(c).\n\nS. 32(8) inserted by No. 7691 s. 2, amended by No. 9671 ss 3(c), 28, repealed by No. 37/1994 s. 186(c).\n\nPt 1 Div. 4A (Headings and  \nss 32A–32Q) inserted by No. 2/2023 s. 6.\n\n","sortOrder":62},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Managing crowd behaviour","content":"Division 4A—Managing crowd behaviour\n\n","sortOrder":63},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Offences","content":"Subdivision 1—Offences\n\nS. 32A inserted by No. 2/2023 s. 6.\n\n","sortOrder":64},{"sectionNumber":"32A","sectionType":"section","heading":"Offence to enter or remain in restricted racing area","content":"\t32A Offence to enter or remain in restricted racing area\n\n(1) A person must not, without reasonable excuse, enter or remain in a restricted racing area during a race-meeting or an official trial meeting unless—\n\n(a) the person is authorised under the rules of the appropriate controlling body (including rules adopted by that body) to enter or remain in the restricted racing area; or\n\n(b) the person is engaged in the management or conduct of the meeting and is acting in accordance with that engagement; or\n\n(c) the controlling body or club that is conducting the meeting permits the person to enter or remain in the restricted racing area and the person is acting in accordance with that permission.\n\nPenalty: 10 penalty units.\n\n(2) Subsection (1) does not apply to a  \nrace-meeting that is a major sporting event within the meaning of the **Major Events Act 2009**.\n\nSee sections 61 and 67(1) of the **Major Events Act 2009**.\n\nS. 32B inserted by No. 2/2023 s. 6.\n\n","sortOrder":65},{"sectionNumber":"32B","sectionType":"section","heading":"Offence to disrupt race-meeting or official trial meeting","content":"\t32B Offence to disrupt race-meeting or official trial meeting\n\n(1) A person who is in a restricted racing area during a race-meeting or an official trial meeting must not disrupt the meeting without reasonable excuse.\n\n(2) Subsection (1) does not apply to a  \nrace-meeting that is a major sporting event within the meaning of the **Major Events Act 2009**.\n\nSee sections 61 and 67(2) of the **Major Events Act 2009**.\n\nS. 32C inserted by No. 2/2023 s. 6.\n\n","sortOrder":66},{"sectionNumber":"32C","sectionType":"section","heading":"Offence to throw or kick projectiles or cause object to be within restricted racing area","content":"\t32C Offence to throw or kick projectiles or cause object to be within restricted racing area\n\n(1) A person must not, without reasonable excuse, throw or kick any stone, bottle or other projectile into or within a restricted racing area during a race-meeting or an official trial meeting, unless the person—\n\n(a) is authorised under the rules of the appropriate controlling body (including rules adopted by that body) to do so; or\n\n(b) is engaged in the management or conduct of the meeting and is acting in accordance with that engagement.\n\n(2) Subsection (1) does not apply to a race‑meeting that is a major sporting event within the meaning of the **Major Events Act 2009**.\n\nSee sections 61 and 68 of the **Major Events Act 2009**.\n\n(3) A person must not, without reasonable excuse, cause any object to fly into or land within a restricted racing area during a race‑meeting or an official trial meeting, unless the person—\n\n(a) is authorised under the rules of the appropriate controlling body (including rules adopted by that body) to do so; or\n\n(b) is engaged in the management or conduct of the meeting and is acting in accordance with that engagement.\n\nS. 32D inserted by No. 2/2023 s. 6.\n\n","sortOrder":67},{"sectionNumber":"32D","sectionType":"section","heading":"Offence to climb on fence, barrier or barricade","content":"\t32D Offence to climb on fence, barrier or barricade\n\n(1) A person must not, without reasonable excuse, climb on any fence, barrier or barricade within a restricted racing area or delineating the boundaries of a restricted racing area during a race-meeting or an official trial meeting, unless—\n\n(a) the person is authorised under the rules of the appropriate controlling body (including rules adopted by that body) to do so; or\n\n(b) the person is engaged in the management or conduct of the meeting and is acting in accordance with that engagement; or\n\n(c) the controlling body or club that is conducting the meeting permits the person to climb on the fence, barrier or barricade and the person is acting in accordance with that permission.\n\nPenalty: 10 penalty units.\n\n(2) Subsection (1) does not apply to a race‑meeting that is a major sporting event within the meaning of the **Major Events Act 2009**.\n\nSee sections 61 and 72 of the **Major Events Act 2009**.\n\n","sortOrder":68},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Dealing with offenders","content":"Subdivision 2—Dealing with offenders\n\nS. 32E inserted by No. 2/2023 s. 6.\n\n","sortOrder":69},{"sectionNumber":"32E","sectionType":"section","heading":"Direction not to enter or to leave restricted racing area or race-course","content":"\t32E Direction not to enter or to leave restricted racing area or race-course\n\n(1) An authorised officer may direct a person not to enter, or to leave and not re-enter, a restricted racing area or race-course for the duration of a race-meeting or an official trial meeting if the authorised officer—\n\n(a) believes on reasonable grounds that the person is committing, or has committed, an offence against section 32A, 32B, 32C or 32D; and\n\n(b) has informed the person that the authorised officer has formed the belief referred to in paragraph (a); and\n\n(c) before giving the direction, has requested the person not to enter or to leave the restricted racing area or race‑course and that person has entered or has refused to leave.\n\n(2) A direction under subsection (1) may be given in either or both of the following ways—\n\n(a) orally;\n\n(b) in writing and served personally on the person to whom it applies.\n\n(3) An authorised officer who gives a direction to a person under subsection (1) which is an oral direction must inform the person that the direction applies for the duration of the race‑meeting or official trial meeting.\n\n(4) A direction under subsection (1) which is a written direction must specify that the direction applies for the duration of the race‑meeting or official trial meeting.\n\nS. 32F inserted by No. 2/2023 s. 6.\n\n","sortOrder":70},{"sectionNumber":"32F","sectionType":"section","heading":"Refusal to leave restricted racing area or race-course and re-entry","content":"\t32F Refusal to leave restricted racing area or race-course and re-entry\n\n(1) A person must not, contrary to a direction given to the person by an authorised officer under section 32E—\n\n(a) enter the restricted racing area or race‑course for the duration of the race‑meeting or official trial meeting; or\n\n(b) attempt to enter the restricted racing area or race-course for the duration of the race-meeting or official trial meeting.\n\n(2) A person must leave a restricted racing area or race-course immediately after being directed to do so by an authorised officer under section 32E.\n\n(3) A person who has left a restricted racing area or race-course after being directed to do so by an authorised officer under section 32E must not—\n\n(a) enter or re-enter the restricted racing area or race-course for the duration of the race-meeting or official trial meeting; or\n\n(b) attempt to enter or re-enter the restricted racing area or race-course for the duration of the race-meeting or official trial meeting.\n\n(4) A police officer, using no more force than is reasonably necessary—\n\n(a) may prevent a person from entering or attempting to enter a restricted racing area or race-course contrary to a direction given to the person under section 32E; or\n\n(b) may remove a person from a restricted racing area or race-course after the person has refused to comply with a direction given to the person under section 32E; or\n\n(c) may prevent a person from re-entering or attempting to re-enter a restricted racing area or race-course contrary to a direction given to the person under section 32E.\n\nS. 32G inserted by No. 2/2023 s. 6.\n\n","sortOrder":71},{"sectionNumber":"32G","sectionType":"section","heading":"Ban orders","content":"\t32G Ban orders\n\n(1) If a court finds a person guilty of an offence against section 32A, 32B, 32C, 32D or 32F, the court may make the following orders in respect of that person—\n\n(a) an order banning the offender from attending—\n\n(i) a specified race-meeting or official trial meeting  at the race‑course where the offence was committed; or\n\n(ii) 2 or more specified race-meetings or official trial meetings at the race-course where the offence was committed;\n\n(b) an order banning the offender from attending a specified category of race‑meeting or official trial meeting at any race-course where those race‑meetings or official trial meetings take place.\n\n(2) A court may impose a ban order on an offender for a period of up to 5 years.\n\n(3) A ban order must specify—\n\n(a) the race-course or race-courses in respect of which the ban order is made (if known); and\n\n(b) the race-meeting or official trial meeting or race-meetings or official trial meetings or category of race‑meeting or official trial meeting in respect of which the ban order is made; and\n\n(c) the period for which the ban order is in force.\n\n(4) A person to whom a ban order applies must not enter a race-course in contravention of that order.\n\n","sortOrder":72},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Authorised officers","content":"Subdivision 3—Authorised officers\n\nS. 32H inserted by No. 2/2023 s. 6.\n\n","sortOrder":73},{"sectionNumber":"32H","sectionType":"section","heading":"Appointment of authorised officers","content":"\t32H Appointment of authorised officers\n\n(1) The Secretary to the Department may appoint a person to be an authorised officer for the purposes of this Division if—\n\n(a) the person is a steward or the chief steward of a controlling body; or\n\n(b) the Secretary believes the person has the appropriate skills, knowledge or experience to be appointed an authorised officer.\n\n(2) An appointment under subsection (1)—\n\n(a) must be in writing; and\n\n(b) must specify the terms and conditions on which the person is appointed; and\n\n(c) must specify the functions, duties or powers under this Division to which it relates; and\n\n(d) may be subject to any conditions that the Secretary to the Department considers to be appropriate.\n\n(3) The Secretary to the Department may require an authorised officer appointed under this section to undertake specified training before exercising any powers, functions or duties under this Division.\n\nS. 32I  \ninserted by No. 2/2023 s. 6.\n\n","sortOrder":74},{"sectionNumber":"32I","sectionType":"section","heading":"Identification of authorised officers","content":"\t32I Identification of authorised officers\n\n(1) The Secretary to the Department must issue each authorised officer who is not a police officer with an identity card that—\n\n(a) contains a photograph of the person; and\n\n(b) states the full name of the person to whom it is issued; and\n\n(c) states that the person is an authorised officer for the purposes of this Division or specified provisions of this Division.\n\n(2) An authorised officer who is not a police officer must produce the officer's identity card for inspection—\n\n(a) before exercising a power under this Division; and\n\n(b) at any time during the exercise of a power under this Division, if asked to do so.\n\n(3) If an authorised officer who is not a police officer proposes to exercise the functions of an authorised officer and that officer fails to produce their identity card on demand, the officer is not authorised to exercise those functions in relation to the person making the demand.\n\n(4) In any proceeding under this Division, an identity card purporting to be issued to a person by the Secretary to the Department under this Division is evidence of the appointment of that person as an authorised officer.\n\nS. 32J inserted by No. 2/2023 s. 6.\n\n","sortOrder":75},{"sectionNumber":"32J","sectionType":"section","heading":"Offence to hinder or obstruct authorised officer","content":"\t32J Offence to hinder or obstruct authorised officer\n\nA person must not, without reasonable excuse, obstruct or hinder an authorised officer in the exercise of the officer's powers, functions or duties under this Division.\n\nS. 32K inserted by No. 2/2023 s. 6.\n\n","sortOrder":76},{"sectionNumber":"32K","sectionType":"section","heading":"Power of authorised officer to require name and address","content":"\t32K Power of authorised officer to require name and address\n\n(1) An authorised officer may require a person to give the person's name and address to the authorised officer if the authorised officer believes on reasonable grounds that the person has committed an offence against section 32A, 32B, 32C, 32D or 32F.\n\n(2) Before requiring a person to give the person's name and address, an authorised officer must—\n\n(a) unless the authorised officer is a police officer, produce the authorised officer's identity card; and\n\n(b) inform the person that the authorised officer believes that the person has committed an offence against section 32A, 32B, 32C, 32D or 32F (as the case requires); and\n\n(c) inform the person that it is an offence against this Act—\n\n(i) to fail or refuse to give the person's name and address to an authorised officer when directed to do so; or\n\n(ii) to give a false or misleading name and address to an authorised officer.\n\nS. 32L inserted by No. 2/2023 s. 6.\n\n","sortOrder":77},{"sectionNumber":"32L","sectionType":"section","heading":"Refusal to give name and address to authorised officer","content":"\t32L Refusal to give name and address to authorised officer\n\n(1) A person must not fail or refuse to give the person's name and address to an authorised officer when required to do so under section 32K.\n\n(2) A person must not give a false or misleading name and address to an authorised officer when required to give the person's name and address under section 32K.\n\nS. 32M inserted by No. 2/2023 s. 6.\n\n","sortOrder":78},{"sectionNumber":"32M","sectionType":"section","heading":"Requirement to produce evidence of name and address to authorised officer","content":"\t32M Requirement to produce evidence of name and address to authorised officer\n\n(1) If a person gives a name and address in response to a request under section 32K and the authorised officer believes on reasonable grounds that the name and address may be false, the authorised officer may request the person to produce evidence of the person's name and address.\n\n(2) A person must comply with a request under subsection (1) unless the person has a reasonable excuse not to do so.\n\nS. 32N inserted by No. 2/2023 s. 6.\n\n","sortOrder":79},{"sectionNumber":"32N","sectionType":"section","heading":"Disclosure of information by authorised officer","content":"\t32N Disclosure of information by authorised officer\n\n(1) An authorised officer must not disclose any information obtained in the course of the authorised officer's duties or the exercise of a power under section 32K or 32M except as authorised under this section.\n\nPenalty: 50 penalty units.\n\n(2) An authorised officer is authorised to and may disclose information obtained in the course of the authorised officer's duties or the exercise of a power under section 32K or 32M—\n\n(a) if the authorised officer reasonably believes that the disclosure is necessary—\n\n(i) for or in connection with the administration of this Division; or\n\n(ii) to assist the authorised officer or any of the following persons to exercise a power, or perform a duty or function under this Division—\n\n(A) the Secretary to the Department;\n\n(B) a person authorised to commence a proceeding under section 32Q(1)(b);\n\n(C) another authorised officer; or\n\n(b) in the following circumstances—\n\n(i) for the purposes of any legal proceeding arising out of this Division;\n\n(ii) for the purposes of any other legal proceeding;\n\n(iii) to a court or tribunal in the course of any legal proceeding;\n\n(iv) pursuant to an order of a court or tribunal;\n\n(v) to the extent reasonably required for any other law enforcement purposes;\n\n(vi) with the written authority of the Secretary to the Department;\n\n(vii) with the written authority of the person to whom the information relates;\n\n(viii) as otherwise authorised by law.\n\nS. 32O inserted by No. 2/2023 s. 6.\n\n","sortOrder":80},{"sectionNumber":"32O","sectionType":"section","heading":"Delegation by Secretary","content":"\t32O Delegation by Secretary\n\nThe Secretary to the Department, in writing, may delegate any of the powers conferred on the Secretary under this Subdivision, other than this power of delegation, to a person employed under Part 3 of the **Public Administration Act 2004** as an executive within the meaning of that Act.\n\n","sortOrder":81},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Enforcement","content":"Subdivision 4—Enforcement\n\nS. 32P inserted by No. 2/2023 s. 6.\n\n","sortOrder":82},{"sectionNumber":"32P","sectionType":"section","heading":"Infringement offences","content":"\t32P Infringement offences\n\n(1) An authorised officer may serve an infringement notice on a person who the authorised officer reasonably believes has committed an offence against section 32A, 32C or 32D.\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\n(3) The infringement penalty for an offence against section 32A, 32C or 32D is 2 penalty units.\n\nS. 32Q inserted by No. 2/2023 s. 6.\n\n","sortOrder":83},{"sectionNumber":"32Q","sectionType":"section","heading":"Who can commence a proceeding for offences against this Division?","content":"\t32Q Who can commence a proceeding for offences against this Division?\n\n(1) A proceeding for an offence against this Division may be commenced by—\n\n(a) the Secretary to the Department; or\n\n(b) a person authorised in writing by the Secretary to commence a proceeding for an offence against this Division; or\n\n(c) a police officer.\n\n(2) A proceeding referred to in subsection (1) may be taken over and continued at any time by any other person authorised under subsection (1) to commence a proceeding.\n\n(3) In a proceeding for an offence against this Division, it must be presumed, in the absence of evidence to the contrary, that the person commencing the proceeding was authorised to do so.\n\nPt 1 Div. 5 (Heading and s. 33) amended by Nos 6836 s. 11(a), 8209 s. 3, 8344 s. 26(3)(q), S.R. No. 166/1974 reg. 2, Nos 9671 s. 28, 9924 s. 11(1)(2), repealed by No. 37/1994 s. 186(d), new Pt 1 Div. 5 (Heading and ss 33–35D) inserted by No. 55/2005 s. 4.\n\nDivision 5—Exclusion orders by Chief Commissioner of Police\n\nNew s. 33 inserted by No. 55/2005 s. 4.\n\n","sortOrder":84},{"sectionNumber":"33","sectionType":"section","heading":"Exclusion orders by Chief Commissioner of Police","content":"\t33 Exclusion orders by Chief Commissioner of Police\n\n(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—\n\n(a) a specified race-course; or\n\n(b) two or more specified race-courses—\n\nfor the duration of a race-meeting at the race‑course.\n\n(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.\n\nNew s. 34 inserted by No. 55/2005 s. 4.\n\n","sortOrder":85},{"sectionNumber":"34","sectionType":"section","heading":"Duration of exclusion orders","content":"\t34 Duration of exclusion orders\n\nAn exclusion order remains in force in respect of a person until it is revoked by the Chief Commissioner of Police.\n\nNew s. 35 inserted by No. 55/2005 s. 4.\n\n","sortOrder":86},{"sectionNumber":"35","sectionType":"section","heading":"List and photographs of excluded persons","content":"\t35 List and photographs of excluded persons\n\n(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.\n\nUnder section 37(c) of the **Interpretation of Legislation Act 1984**, words in the singular also include the plural.\n\n(2) The Chief Commissioner of Police must—\n\n(a) on the making of an exclusion order, add the name of the person the subject of the order to the list kept under subsection (1); and\n\n(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 subsection (1) a specified race-course in accordance with that amendment; and\n\n(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 subsection (1).\n\n(3) The Chief Commissioner of Police must ensure that an up-to-date copy of a list kept under subsection (1) is provided to the chief steward of each of the controlling bodies as soon as practicable after the list is prepared under that subsection or amended under subsection (2), as the case requires.\n\n(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 subsection (3) as soon as practicable after the name of the person is added to the list.\n\nNew s. 35A inserted by No. 55/2005 s. 4.\n\n","sortOrder":87},{"sectionNumber":"35A","sectionType":"section","heading":"Provision of list and photographs to stewards","content":"\t35A Provision of list and photographs to stewards\n\nThe 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.\n\nNew s. 35B inserted by No. 55/2005 s. 4.\n\n","sortOrder":88},{"sectionNumber":"35B","sectionType":"section","heading":"Excluded person not to enter race-course","content":"\t35B Excluded person not to enter race-course\n\nA 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.\n\nS. 35C inserted by No. 55/2005 s. 4, amended by No. 37/2014 s. 10(Sch. item 139.2).\n\n","sortOrder":89},{"sectionNumber":"35C","sectionType":"section","heading":"Notifying police of presence of excluded persons","content":"\t35C Notifying police of presence of excluded persons\n\nA 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 officer as soon as practicable.\n\nS. 35D inserted by No. 55/2005 s. 4, amended by No. 37/2014 s. 10(Sch. item 139.2).\n\n","sortOrder":90},{"sectionNumber":"35D","sectionType":"section","heading":"Police powers of entry to a race-course","content":"\t35D Police powers of entry to a race-course\n\nA police officer 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.\n\nS. 35DA inserted by No. 65/2013 s. 25.\n\n\t35DA Advice to Professional Boxing and Combat Sports Board\n\nThe Chief Commissioner of Police must advise the Professional Boxing and Combat Sports Board (within the meaning of section 14 of the **Professional Boxing and Combat Sports Act** **1985**) that an exclusion order has been made if the person who is the subject of the order has a licence, or has applied for a licence or its renewal under Division 1 of Part II of the **Professional Boxing and Combat Sports Act 1985**.\n\nS. 35E inserted by No. 3/2009 s. 15.\n\n","sortOrder":91},{"sectionNumber":"35E","sectionType":"section","heading":"Procedure on application for review","content":"\t35E Procedure on application for review\n\n(1) This section applies if an application is made to a court for review of a decision by the Chief Commissioner under section 33 to make an exclusion order.\n\n(2) If the Chief Commissioner objects to the disclosure or production of protected information at the hearing of the application for review, the Chief Commissioner may apply before the hearing to the court to hear and determine the application for review—\n\nS. 35E(2)(a) amended by No. 37/2014 s. 10(Sch. item 139.3(a)).\n\n(a) at a hearing at which evidence given by a police officer is given on the basis of a confidential affidavit that is not disclosed to one or more of the parties or any representative of those parties; or\n\n(b) at a hearing held in closed court in which the Chief Commissioner and each party to the proceeding has a right to make submissions; or\n\n(c) at a hearing held without notice to, and without the presence of, one or more of the parties or any representative of those parties; or\n\n(d) by any combination of the methods set out in paragraphs (a), (b) and (c).\n\n(3) If the court is satisfied that it is not in the public interest to hear and determine the application for review by the method elected by the Chief Commissioner, the court may hear and determine the application by any other method set out in subsection (2).\n\n(4) In deciding which method to hear and determine the application for review, the court must take into account—\n\n(a) the public interest in protecting the confidentiality of police investigative techniques and protected information in the possession of the police; and\n\n(b) the extent to which the method of hearing and determining the matter may disclose any intelligence information, or document or thing the disclosure of which—\n\nS. 35E(4)(b)(i) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(i)).\n\n(i) reveals the identity of the police officer who provided information on the basis of which the exclusion order was made or puts that police officer's safety at risk; or\n\nS. 35E(4)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)).\n\n(ii) reveals the identity of a person who has provided a police officer with information on the basis of which the exclusion order was made, or puts that person's safety at risk; or\n\nS. 35E(4)(b)(iii) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)).\n\n(iii) reveals the identity of a person whose name appears in any evidence given or information provided to a police officer relating to an investigation, or puts that person's safety at risk; or\n\nS. 35E(4)(b)(iv) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)).\n\n(iv) reveals the identity of a person who is or has been the subject of an investigation  by a police officer, or puts that person's safety at risk; or\n\nS. 35E(4)(b)(v) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)).\n\n(v) places at risk an ongoing investigation by a police officer; or\n\nS. 35E(4)(b)(vi) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(iii)).\n\n(vi) risks the disclosure of any investigative method used by police officers; or\n\n(vii) is otherwise not in the public interest.\n\nS. 35E(5) amended by No. 37/2014 s. 10(Sch. item 139.3(c)).\n\n(5) If the court decides to hear and determine the application for review by the method set out in subsection (2)(a), the court may require the police officer to provide the court with any further confidential affidavits the court requires to determine the application.\n\n(6) In this section ***protected information*** means any intelligence information, document or thing the production or inspection of which—\n\n(a) is likely to reveal any matter referred to in subsection (4)(b)(i) to (iv); or\n\nS. 35E(6)(b) amended by No. 37/2014 s. 10(Sch. item 139.3(d)(i)).\n\n(b) is likely to place at risk an ongoing investigation by a police officer; or\n\nS. 35E(6)(c) amended by No. 37/2014 s. 10(Sch. item 139.3(d)(ii)).\n\n(c) is likely to risk the disclosure of any investigative method used by police officers; or\n\n(d) is otherwise not in the public interest.\n\nS. 35F inserted by No. 3/2009 s. 15.\n\n","sortOrder":92},{"sectionNumber":"35F","sectionType":"section","heading":"Appointment of special counsel","content":"\t35F Appointment of special counsel\n\n(1) If a court decides to hear and determine an application for review at a hearing referred to in section 35E(2)(c), the court may appoint a special counsel to represent the interests of a party to the proceeding at the hearing.\n\nS. 35F(2) amended by No. 17/2014 s. 160(Sch. 2 item 83.1).\n\n(2) A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of the court, has the appropriate skills and ability to represent the interests of the party at the hearing.\n\n(3) At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application, the special counsel may communicate with the party whose interests he or she is representing, or any representative of that party, for the purpose of obtaining information from the party or representative in relation to the proceeding.\n\n(4) At any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application, the special counsel—\n\n(a) must not take instructions from the party whose interests he or she is representing, or from any representative of that party;  \nand\n\n(b) may communicate to that party or a representative of that party any order made by the court at or in relation to the hearing; and\n\n(c) must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of the court.\n\nPt 1 Div. 5A (Heading and ss 34–35B) amended by Nos 6836 s. 11(a), 7621 s. 12(3)(4), 7684 s. 4, 7899 s. 2(1)–(3), 8209 s. 4(a)–(c), 8344 s. 26(3)(r)–(t), 9671 ss 28, 29, 49/1987 ss 14(a)(b), 24(1)(c)(i)–(iii), repealed by No. 37/1994 s. 186(d).\n\n","sortOrder":93},{"sectionNumber":"Div 6","sectionType":"division","heading":"Miscellaneous","content":"Division 6—Miscellaneous\n\nHeading preceding s. 36  \nrepealed by No. 37/1994 s. 186(e).\n\nS. 36 amended by Nos 6607 s. 2(d), 6886 s. 3, 7684 s. 5, 49/1987 s. 23(a), 37/1994 s. 186(f), repealed by No. 2/2022 s. 7.\n\nHeading preceding s. 37  \nrepealed by No. 37/1994 s. 186(g).\n\nNo. 6070 s. 37.\n\n","sortOrder":94},{"sectionNumber":"37","sectionType":"section","heading":"No right to compensation","content":"\t37 No right to compensation\n\nIt is hereby declared that no person or body of persons corporate or unincorporate shall have any right to compensation for any loss or damage whatsoever by reason of the operation of this Part or of any Act passed in this or in any future session of Parliament relating to the subject-matter of this Part.\n\nPt 1A  \n(Heading and ss 37A–37F) inserted by No. 52/2009 s. 5.\n\nPart IA—The Racing Integrity Commissioner\n\nS. 37A inserted by No. 52/2009 s. 5.\n\n\t37A Racing Integrity Commissioner\n\n(1) There is to be a Racing Integrity Commissioner.\n\n(2) The Racing Integrity Commissioner is appointed by the Governor in Council on the recommendation of the Minister.\n\n(3) The Racing Integrity Commissioner—\n\n(a) is to hold office for a term, not exceeding 5 years, specified in the instrument of his or her appointment; and\n\n(b) is eligible for re-appointment.\n\n(4) The Racing Integrity Commissioner is entitled to receive any remuneration or allowances from time to time fixed by the Governor in Council.\n\n(5) The appointment of the Racing Integrity Commissioner is on the terms and conditions determined by the Governor in Council.\n\n(6) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to the Racing Integrity Commissioner in respect of the office of Commissioner.\n\nS. 37AB inserted by No. 2/2022 s. 8.\n\n\t37AB Acting appointments\n\n(1) The Minister may appoint a person to act as the Racing Integrity Commissioner for a period not exceeding 3 months—\n\n(a) if the office of the Racing Integrity Commissioner is vacant; or\n\n(b) during any period, or during all periods, when the Racing Integrity Commissioner holds office and is absent or unable to perform the duties of the Racing Integrity Commissioner for any reason.\n\n(2) A person who is acting as the Racing Integrity Commissioner in accordance with subsection (1) may—\n\n(a) exercise all the powers of the Racing Integrity Commissioner; and\n\n(b) perform all the duties and functions of the Racing Integrity Commissioner.\n\nS. 37B inserted by No. 52/2009 s. 5.\n\n\t37B Functions of the Racing Integrity Commissioner\n\n(1) The functions of the Racing Integrity Commissioner are to—\n\n(a) conduct annual audits of the internal integrity processes and systems, in whole or in part, of each controlling body in areas identified—\n\n(i) by the Racing Integrity Commissioner; or\n\nS. 37B(1)(a)(ii) amended by No. 37/2018 s. 5(1)(a).\n\n(ii) by the Racing Integrity Commissioner in consultation with each controlling body; or\n\nS. 37B(1)(a)(iii) inserted by No. 37/2018 s. 5(1)(b).\n\n(iii) by the Integrity Board; or\n\nS. 37B(1)(a)(iv) inserted by No. 37/2018 s. 5(1)(b).\n\n(iv) by the Racing Integrity Commissioner in consultation with the Integrity Board;\n\n(b) conduct audits outside the subject matter of the annual audit if a controlling body requests that such an audit be conducted;\n\nS. 37B(1)(ba) inserted by No. 17/2016 s. 3(1).\n\n(ba) conduct audits of the internal animal welfare processes and systems of each controlling body to the extent that they relate to integrity in racing;\n\n(c) investigate complaints made about the integrity processes and systems of a controlling body;\n\n(d) refer complaints to—\n\n(i) if the complaint relates to a criminal matter, Victoria Police;\n\nS. 37B(1) (d)(ia) inserted by No. 82/2012 s. 181(1).\n\n(ia) if the complaint appears to involve corrupt conduct, the IBAC, unless it appears to involve corrupt conduct of the IBAC or IBAC personnel;\n\n(ii) if the complaint relates to an alleged or apparent contravention of the rules of a controlling body, the relevant controlling body;\n\n(iii) if the complaint relates to an alleged or apparent contravention of the **Gambling Regulation Act 2003**, the Commission;\n\n(iv) if the complaint relates to an alleged or apparent contravention of any Act or subordinate instrument in connection with the integrity of racing, the relevant government agency;\n\nS. 37B(1)(d)(v) substituted by No. 37/2018 s. 5(2).\n\n(v) if the complaint relates to an internal integrity matter, the Integrity Board;\n\nS.  \n37B(1)(d)(vi) inserted by No. 17/2016 s. 3(2).\n\n(vi) if the complaint relates to the animal welfare processes and systems of a controlling body, the relevant government agency;\n\nS. 37B(1)(e) amended by No. 37/2018 s. 5(3).\n\n(e) investigate matters referred by the Minister, the Integrity Board or a controlling body;\n\nS. 37B(1)(ea) inserted by No. 2/2019 s. 106.\n\n(ea) investigate public interest complaints that relate to the conduct of a controlling body or an employee, officer or member of a controlling body;\n\n(f) report the findings of any investigations conducted into complaints that have not been referred to other bodies to—\n\n(i) the person that made the complaint; and\n\nS. 37B(1)(f)(ii) amended by No. 37/2018 s. 5(4).\n\n(ii) with or without identifying the person that made the complaint or the person that is the subject of the complaint, the Minister, the Integrity Board or the relevant controlling body (as the Racing Integrity Commissioner considers appropriate);\n\n(g) conduct own motion inquiries that do not relate to any specific complaint and may include an investigation into systemic issues in racing;\n\n(h) make recommendations (if appropriate) following the investigation of any complaint, inquiry or matter to (as the Racing Integrity Commissioner considers appropriate)—\n\n(i) the Minister; or\n\nS. 37B  \n(1)(h)(ia) inserted by No. 37/2018 s. 5(5).\n\n(ia) the Integrity Board; or\n\n(ii) the relevant controlling body;\n\nS. 37B(1)(i) amended by No. 37/2018 s. 12.\n\n(i) direct the Victorian Racing Tribunal to hear and determine an appeal made by a person against a penalty imposed on the person under the rules of a controlling body if—\n\n(i) the penalty imposed is a fine of not more than $250; and\n\n(ii) the Racing Integrity Commissioner considers that it is in the public interest for the appeal to be heard;\n\n(j) perform any other functions conferred on the Racing Integrity Commissioner under this Act.\n\n(2) The Racing Integrity Commissioner may advise the Minister of any failure by a controlling body to implement or act on a recommendation made by the Racing Integrity Commissioner to that controlling body under subsection (1)(h) if—\n\n(a) before advising the Minister, the Racing Integrity Commissioner notifies the controlling body of the Commissioner's intention to advise the Minister of the failure by the controlling body to implement or act on the recommendation; and\n\n(b) the Racing Integrity Commissioner advises the controlling body that the controlling body may, within 14 days of receiving the notification made under paragraph (a), respond in writing to the Commissioner in respect of that notification.\n\n(3) The Racing Integrity Commissioner must provide the Minister with any written response made by the controlling body under subsection (2)(b).\n\nS. 37B(4) inserted by No. 82/2012 s. 181(2), amended by No. 82/2012 s. 318(c).\n\n(4) Subsection (1)(d)(ia) does not apply to a matter that is the subject of a complaint or notification referred to the Racing Integrity Commissioner by the IBAC under section 73 of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\nS. 37B(5) inserted by No. 82/2012 s. 181(2).\n\n(5) If the Racing Integrity Commissioner refers a complaint under subsection (1)(d)(ia), the Racing Integrity Commissioner must—\n\n(a) cease his or her investigation of the referred complaint; and\n\n(b) provide the IBAC with any evidence that the Integrity Commissioner has in his or her possession or control in relation to that referred complaint; and\n\n(c) cooperate with the IBAC and ensure his or her staff provide all reasonable assistance requested by the IBAC in relation to that complaint.\n\nS. 37BA inserted by No. 77/2013 s. 41.\n\n\t37BA Powers of the Racing Integrity Commissioner conducting an inquiry\n\nS. 37BA(1) substituted by No. 37/2018 s. 3(1).\n\n(1) Subject to subsection (2), sections 37BB to 37BJ apply to the conduct of an inquiry or investigation by the Racing Integrity Commissioner under this Part into a controlling body or a person, club or other body licensed or registered in accordance with the rules of a controlling body.\n\n(2) The powers conferred on the Racing Integrity Commissioner under subsection (1) may be exercised only in respect of the following persons—\n\n(a) a person licensed under the rules of a controlling body;\n\n(b) a person registered under the rules of a controlling body;\n\n(c) a member of the Board of a controlling body;\n\n(d) an employee of a controlling body;\n\n(e) a member of a committee or other managing body of a club registered under the rules of a controlling body;\n\nS. 37BA(2)(f) amended by No. 37/2018 s. 3(2)(a).\n\n(f) an employee of a club registered under the rules of a controlling body;\n\nS. 37BA(2)(g) inserted by No. 37/2018 s. 3(2)(b).\n\n(g) any person who, at the time the matter which is the subject of the inquiry or investigation occurred, was a person referred to in paragraphs (a) to (f).\n\n(3) In subsection (2)(c), ***Board of a controlling body*** means—\n\n(a) in the case of horse racing, the Board of Directors of Racing Victoria; or\n\nS. 37BA(3)(b) amended by No. 2/2022 s. 9(a).\n\n(b) in the case of harness racing, Harness Racing Victoria; or\n\nS. 37BA(3)(c) amended by No. 2/2022 s. 9(b).\n\n(c) in the case of greyhound racing, Greyhound Racing Victoria.\n\nS. 37BB inserted by No. 37/2018 s. 4.\n\n\t37BB Power to compel production of documents and other things or attendance of witnesses\n\n(1) For the purposes of conducting an inquiry or investigation, the Racing Integrity Commissioner may serve written notice on a person requiring the person to—\n\n(a) produce a specified document or other thing which is material to the subject matter of the inquiry or investigation to the Racing Integrity Commissioner or a member of staff of the Commissioner conducting the inquiry or investigation at a specified time and in the specified manner; or\n\n(b) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place to produce a specified document or other thing which is material to the subject matter of the inquiry or investigation; or\n\n(c) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place, and from then on from day to day until excused, to give evidence; or\n\n(d) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing which is material to the subject matter of the inquiry or investigation.\n\n(2) A written notice under subsection (1) in relation to an inquiry or investigation of the Racing Integrity Commissioner—\n\n(a) must contain the following information—\n\n(i) a statement outlining the consequences of failing to comply with the notice;\n\n(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;\n\n(iii) how the person may object to the notice; and\n\n(b) must be served in accordance with section 37BC.\n\n(3) A person whose attendance has been required  \nby a notice under subsection (1) is required to attend at the time and place to which the inquiry or investigation of the Racing Integrity Commissioner is adjourned or postponed without the issue or service of any further notice.\n\nS. 37BC inserted by No. 37/2018 s. 4.\n\n\t37BC Service of notice to produce or notice to attend\n\n(1) A notice under section 37BB directed to a natural person must be served—\n\n(a) by serving a copy of the notice on the person personally; or\n\n(b) by leaving a copy of the notice at the person's usual place of residence with a person who is apparently at least 18 years of age.\n\n(2) A notice under section 37BB directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age.\n\n(3) Subsection (2) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.\n\nS. 37BD inserted by No. 37/2018 s. 4.\n\n\t37BD Power to take evidence on oath or affirmation\n\n(1) The Racing Integrity Commissioner may require a person attending an inquiry or investigation under this Part, whether in accordance with a notice under section 37BB or otherwise—\n\n(a) to give evidence or answer questions on oath or affirmation; or\n\n(b) to give evidence or answer questions on oath or affirmation and to produce specified documents.\n\n(2) The Racing Integrity Commissioner, or a member of staff who is authorised to do so by the Racing Integrity Commissioner, may administer an oath or affirmation to a person for the purposes of subsection (1).\n\nS. 37BE inserted by No. 37/2018 s. 4.\n\n\t37BE Offence to fail to comply with a notice to produce or attend\n\nA person who is duly served with a notice under section 37BB in relation to a Racing Integrity Commissioner's inquiry or investigation under this Part must not, without reasonable excuse, refuse or fail to comply with the notice.\n\nS. 37BF inserted by No. 37/2018 s. 4.\n\n\t37BF Offence to fail to take oath, make affirmation, answer question or produce document\n\n(1) This section applies to—\n\n(a) a person who is duly served with a notice under section 37BB; or\n\n(b) a person who is present before an inquiry or investigation of the Racing Integrity Commissioner under this Part and is required to take an oath or make an affirmation or to respond to a question material to the subject matter of the inquiry or investigation or to produce any document or thing.\n\n(2) A person to whom this section applies must not, without reasonable excuse—\n\n(a) refuse or fail to take an oath or make an affirmation when required to do so; or\n\n(b) refuse or fail to answer a question that the person is required to answer by the Racing Integrity Commissioner; or\n\n(c) refuse or fail to produce a document or thing required to be produced.\n\nS. 37BG inserted by No. 37/2018 s. 4.\n\n\t37BG DPP or police officer may commence proceeding for offence against section 37BE or 37BF\n\n(1) If the Racing Integrity Commissioner is of the opinion that a person is guilty of an offence against section 37BE or 37BF, the Commissioner may certify the facts to the Chief Commissioner of Police or the Director of Public Prosecutions.\n\n(2) A police officer or the Director of Public Prosecutions may commence a proceeding for an offence against section 37BE or 37BF.\n\nS. 37BH inserted by No. 37/2018 s. 4.\n\n\t37BH Offence to make false or misleading statements or produce false or misleading documents or other things\n\n(1) A person must not make a statement to the Racing Integrity Commissioner that the person knows to be false or misleading in a material particular.\n\nSee section 314 of the **Crimes Act 1958** in relation to perjury and section 254 of that Act in relation to the destruction of evidence.\n\n(2) A person must not produce a document or other thing to the Racing Integrity Commissioner that the person knows to be false or misleading in a material particular unless the person—\n\n(a) indicates to the Commissioner the respect in which it is false or misleading; and\n\n(b) to the extent practicable, provides the correct information.\n\nS. 37BI inserted by No. 37/2018 s. 4.\n\n\t37BI Protection of participants\n\n(1) The Racing Integrity Commissioner has, in respect of the performance of the Commissioner's functions under this Part, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.\n\n(2) A member of staff of the Racing Integrity Commissioner has, in the performance of the person's functions in a Racing Integrity Commissioner's inquiry or investigation under this Part, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.\n\n(3) A person legally representing another person in a Racing Integrity Commissioner's inquiry or investigation under this Part has the same protection and immunity as an Australian legal practitioner has in representing a party in a proceeding in the Supreme Court.\n\n(4) A person who gives information or evidence, or produces a document or other thing, to the Racing Integrity Commissioner has the same protection and immunity as a witness has in a proceeding in the Supreme Court.\n\nS. 37BJ inserted by No. 37/2018 s. 4.\n\n\t37BJ Statement not to be used against person who gives information or evidence, or produces a document or other thing\n\n(1) A statement made by a person in response to any question put to the person in an inquiry or investigation by the Racing Integrity Commissioner under this Part—\n\n(a) is not admissible in evidence in any civil or criminal proceeding against that person; and\n\n(b) is not to be made the ground of any prosecution, action or suit against that person.\n\n(2) Subsection (1) does not apply to a charge against a person for perjury committed by the person in making a statement in an inquiry or investigation by the Racing Integrity Commissioner under this Part.\n\n(3) A certificate signed by the Racing Integrity Commissioner that a statement was made in response to any question put to the person in an inquiry or investigation by the Racing Integrity Commissioner under this Part is prima facie evidence that the statement was so made.\n\nS. 37C inserted by No. 52/2009 s. 5.\n\n\t37C Powers of the Racing Integrity Commissioner\n\nFor the purposes of his or her functions, the Racing Integrity Commissioner—\n\n(a) has such powers as are conferred on him or her by this Act; and\n\n(b) may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the performance of his or her functions.\n\nS. 37CA inserted by No. 37/2018 s. 7.\n\n\t37CA Protection from liability for Racing Integrity Commissioner\n\n(1) The Racing Integrity Commissioner is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the performance of a function under this Act; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act.\n\n(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the Racing Integrity Commissioner attaches instead to the State.\n\nS. 37D inserted by No. 52/2009 s. 5.\n\n","sortOrder":95},{"sectionNumber":"37D","sectionType":"section","heading":"Staff","content":"\t37D Staff\n\nThere may be employed under Part 3 of the **Public Administration Act 2004** any employees that are necessary to enable the Racing Integrity Commissioner to perform his or her functions and exercise his or her powers.\n\nS. 37E inserted by No. 52/2009 s. 5.\n\n","sortOrder":96},{"sectionNumber":"37E","sectionType":"section","heading":"Disclosure of information","content":"\t37E Disclosure of information\n\n(1) The Racing Integrity Commissioner may disclose integrity related information to, as appropriate—\n\n(a) a controlling body including its integrity sub‑committee and Stewards; or\n\n(b) the Commission; or\n\nS. 37E(1)(c) substituted by No. 37/2018 s. 13.\n\n(c) the Victorian Racing Tribunal; or\n\nS. 37E(1)(ca) inserted by No. 2/2022 s. 10.\n\n(ca) the Integrity Board; or\n\nS. 37E(1)(d) amended by No. 37/2014 s. 10(Sch. item 139.4).\n\n(d) the Chief Commissioner of Police or a police officer authorised in writing by the Chief Commissioner of Police; or\n\n(e) the Commissioner of the Australian Federal Police or a member of the Australian Federal Police authorised in writing by the Commissioner of the Australian Federal Police; or\n\n(f) the Minister; or\n\nS. 37E(1)(fa) inserted by No. 82/2012 s. 182.\n\n(fa) the IBAC; or\n\nS. 37E(1)(fb) inserted by No. 82/2012 s. 182, amended by No. 31/2024 s. 113(Sch. 1 item 30.2).\n\n(fb) Integrity Oversight Victoria within the meaning of the **Integrity Oversight Victoria Act 2011**; or\n\nS. 37E(1)(fc) inserted by No. 27/2024 s. 160.\n\n(fc) the Parliamentary Workplace Standards and Integrity Commission; or\n\n(g) a person or body that, in the opinion of the controlling body, controls, organises or administers an approved betting event; or\n\n(h) the Australian Transaction Reports and Analysis Centre; or\n\n(i) the Commissioner of Taxation of the Commonwealth; or\n\nS. 37E(1)(ia) inserted by No. 55/2012 s. 8.\n\n(ia) the Australian Crime Commission; or\n\nS. 37E(1)(ib) inserted by No. 55/2012 s. 8.\n\n(ib) the Australian Securities and Investments Commission; or\n\nS. 37E(1)(ic) inserted by No. 55/2012 s. 8.\n\n(ic) the Commonwealth Services Delivery Agency (Centrelink); or\n\nS. 37E(1)(id) inserted by No. 55/2012 s. 8.\n\n(id) the Ombudsman; or\n\nS. 37E(1)(ie) inserted by No. 50/2015 s. 4.\n\n(ie) the following persons or bodies—\n\n(i) the ACT Gambling and Racing Commission established by section 5 of the Gambling and Racing Control Act 1999 of the Australian Capital Territory;\n\n(ii) the Australian Border Force within the meaning of the Australian Border Force Act 2015 of the Commonwealth;\n\n(iii) the Australian Pesticides and Veterinary Medicines Authority continued by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;\n\n(iv) the Director of Racing appointed under section 5 of the Racing Regulation Act 2004 of Tasmania;\n\n(v) the Gaming and Wagering Commission of Western Australia established under section 4 of the Gaming and Wagering Commission Act 1987 of Western Australia;\n\n(vi) Greyhound Racing New South Wales constituted by the Greyhound Racing Act 2009 of New South Wales;\n\n(vii) Greyhound Racing SA Limited ACN 094 569 525;\n\n(viii) Greyhounds Australasia Limited ACN 106 879 903;\n\n(ix) Harness Racing Australia Inc incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory;\n\n(x) Harness Racing New South Wales constituted by the Harness Racing Act 2009 of New South Wales;\n\n(xi) Harness Racing SA Limited ACN 094 559 930;\n\n(xii) the Northern Territory Racing Commission established by the Racing and Betting Act of the Northern Territory;\n\n(xiii) the Queensland Racing Integrity Commissioner appointed under section 113AL of the Racing Act 2002 of Queensland;\n\n(xiv) Racing Analytical Services Ltd ACN 006 957 624;\n\n(xv) Racing and Wagering Western Australia established by section 4 of the Racing and Wagering Western Australia Act 2003 of Western Australia;\n\n(xvi) Racing Australia Pty Ltd ACN 105 994 330;\n\n(xvii) Racing New South Wales established by section 4 of the Thoroughbred Racing Act 1996 of New South Wales;\n\n(xviii) Racing Queensland Limited ACN 142 786 874;\n\n(xix) the Therapeutic Goods Administration of the Department of Health of the Commonwealth;\n\n(xx) Thoroughbred Racing NT Incorporated, being an association incorporated under the Associations Act of the Northern Territory;\n\n(xxi) Thoroughbred Racing SA Limited ACN 094 475 939; or\n\n(j) a person or body that—\n\n(i) has any regulatory or administrative functions in respect of racing, bookmaking or betting in Victoria or in another State or a Territory of the Commonwealth; and\n\n(ii) is specified by the Minister, by Order published in the Government Gazette, for the purposes of this section.\n\n***integrity related information*** is information the Racing Integrity Commissioner has collected or been given in the performance of his or her functions and includes, but is not limited to, information in relation to—\n\n(a) the contravention, or the alleged contravention, of the rules of a controlling body;\n\n(b) the identity of persons alleged to have contravened the rules of a controlling body;\n\n(c) complaints investigated under this Part;\n\n(d) audits conducted under this Part.\n\nS. 37F inserted by No. 52/2009 s. 5.\n\n","sortOrder":97},{"sectionNumber":"37F","sectionType":"section","heading":"Annual report","content":"\t37F Annual report\n\nS. 37F(1) amended by No. 55/2012 s. 9(1).\n\n(1) On or before 30 September each year, the Racing Integrity Commissioner must submit to the Minister, for the year ending on 30 June that year, a report on—\n\n(a) the performance of his or her functions or the exercise of his or her powers; and\n\n(b) any integrity-related issue he or she determines is in the public interest.\n\nS. 37F(2) amended by No. 55/2012 s. 9(2).\n\n(2) The Minister must cause each annual report submitted to him or her under this section to be laid before each House of Parliament within 14 sitting days after receiving it.\n\nS. 37G inserted by No. 82/2012 s. 183.\n\n","sortOrder":98},{"sectionNumber":"37G","sectionType":"section","heading":"Mandatory notification of corrupt conduct to IBAC","content":"\t37G Mandatory notification of corrupt conduct to IBAC\n\nS. 37G(1) substituted by No. 30/2016 s. 87(1).\n\n(1) Subject to any exemption notice issued under section 57B of the **Independent Broad‑based Anti-corruption Commission Act 2011**, the Racing Integrity Commissioner must notify the IBAC of any matter that the Racing Integrity Commissioner suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Racing Integrity Commissioner becomes aware in the performance of functions or the exercise of powers under this Act or any other Act.\n\n(2) This section does not apply to corrupt conduct of the IBAC or IBAC personnel.\n\nS. 37G(3) amended by No. 82/2012 s. 318(c).\n\n(3) This section does not apply to a matter referred to the Racing Integrity Commissioner by the IBAC under section 73 of the **Independent Broad‑based Anti-corruption Commission Act 2011**.\n\nS. 37G(4) amended by No. 30/2016 s. 87(2).\n\n(4) If the Racing Integrity Commissioner considers at any time that any matter described in subsection (3) appears to involve conduct that is corrupt conduct, the Racing Integrity Commissioner must inform the IBAC.\n\nS. 37H inserted by No. 82/2012 s. 183.\n\n","sortOrder":99},{"sectionNumber":"37H","sectionType":"section","heading":"Consultation prior to referral or notification","content":"\t37H Consultation prior to referral or notification\n\nFor the purposes of deciding whether to make a referral or notification under this Part to the IBAC, the Racing Integrity Commissioner may consult the IBAC.\n\nS. 37I inserted by No. 82/2012 s. 183.\n\n","sortOrder":100},{"sectionNumber":"37I","sectionType":"section","heading":"Communication of information to the IBAC","content":"\t37I Communication of information to the IBAC\n\n(1) At any time, the Racing Integrity Commissioner may provide or disclose any information received or obtained in the course of the performance of functions or duties or the exercise of powers under this Act or any other Act to the IBAC if the Racing Integrity Commissioner considers that—\n\n(a) the information is relevant to the performance of the functions or duties or the exercise of powers of the IBAC; and\n\n(b) it is appropriate for the information to be brought to the attention of the IBAC, having regard to the nature of the information.\n\n(2) This section applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).\n\nS. 37J inserted by No. 82/2012 s. 183.\n\n","sortOrder":101},{"sectionNumber":"37J","sectionType":"section","heading":"Racing Integrity Commissioner not to prejudice investigations of the IBAC","content":"\t37J Racing Integrity Commissioner not to prejudice investigations of the IBAC\n\n(1) If the Racing Integrity Commissioner is, or becomes, aware of an IBAC investigation, the Racing Integrity Commissioner must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation.\n\n(2) For the purposes of ensuring compliance with subsection (1), the Racing Integrity Commissioner may consult the IBAC.\n\nS. 37K inserted by No. 2/2019 s. 107.\n\n","sortOrder":102},{"sectionNumber":"37K","sectionType":"section","heading":"Racing Integrity Commissioner must investigate public interest complaints","content":"\t37K Racing Integrity Commissioner must investigate public interest complaints\n\nSubject to sections 37L and 37M, the Racing Integrity Commissioner must conduct an investigation under this Act on a public interest complaint referred to the Racing Integrity Commissioner by the IBAC.\n\nS. 37L inserted by No. 2/2019 s. 107.\n\n","sortOrder":103},{"sectionNumber":"37L","sectionType":"section","heading":"Racing Integrity Commissioner must refuse to investigate certain public interest complaints","content":"\t37L Racing Integrity Commissioner must refuse to investigate certain public interest complaints\n\n(1) The Racing Integrity Commissioner must refuse to conduct an investigation on a public interest complaint if the investigation would prejudice any—\n\n(a) criminal proceedings or criminal investigations; or\n\nS. 37L(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 30.3).\n\n(b) investigations by the IBAC or Integrity Oversight Victoria.\n\n(2) For the purposes of ensuring compliance with subsection (1), the Racing Integrity Commissioner may consult any of the following—\n\n(a) the Director of Public Prosecutions;\n\n(b) the Chief Commissioner of Police;\n\n(c) the IBAC;\n\nS. 37L(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 30.3).\n\n(d) Integrity Oversight Victoria.\n\nS. 37M inserted by No. 2/2019 s. 107.\n\n","sortOrder":104},{"sectionNumber":"37M","sectionType":"section","heading":"Racing Integrity Commissioner may refuse to investigate certain public interest complaints","content":"\t37M Racing Integrity Commissioner may refuse to investigate certain public interest complaints\n\n(1) The Racing Integrity Commissioner may refuse to conduct an investigation on a public interest complaint if the Racing Integrity Commissioner considers the subject matter of the public interest complaint has already been investigated or otherwise dealt with by—\n\n(a) an integrity body within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\n(b) any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.\n\n(2) The Racing Integrity Commissioner may refuse to conduct an investigation on a public interest complaint if the person who made the public interest complaint—\n\n(a) made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and\n\n(b) fails to give a satisfactory explanation for the delay in making the disclosure.\n\n(3) The Racing Integrity Commissioner may refuse to conduct an investigation on a public interest complaint if the Racing Integrity Commissioner considers that the conduct that is the subject of the complaint does not amount to improper conduct, within the meaning of section 3 of the **Public Interest Disclosures Act 2012**, or detrimental action against a person in contravention of section 45 of that Act.\n\nS. 37N inserted by No. 2/2019 s. 107.\n\n","sortOrder":105},{"sectionNumber":"37N","sectionType":"section","heading":"Notification of refusal to conduct investigation on public interest complaint","content":"\t37N Notification of refusal to conduct investigation on public interest complaint\n\n(1) This section applies if the Racing Integrity Commissioner refuses under section 37L or 37M to conduct an investigation on a public interest complaint.\n\n(2) Within a reasonable time after the public interest complaint is referred to the Racing Integrity Commissioner by the IBAC, the Racing Integrity Commissioner must inform the IBAC and the person who made the public interest disclosure of—\n\n(a) the refusal to conduct the investigation; and\n\n(b) the reason for that refusal.\n\nS. 37O inserted by No. 2/2019 s. 107.\n\n","sortOrder":106},{"sectionNumber":"37O","sectionType":"section","heading":"Notification of corrupt conduct","content":"\t37O Notification of corrupt conduct\n\nIf, at any time before, during or after an investigation of a public interest complaint, the Racing Integrity Commissioner believes that the conduct that is the subject of the complaint appears to involve corrupt conduct, the Racing Integrity Commissioner must—\n\n(a) notify the IBAC of that belief; and\n\n(b) if the investigation of the public interest complaint has not been completed—suspend the investigation pending a response from the IBAC to the notification.\n\nS. 37P inserted by No. 2/2019 s. 107.\n\n","sortOrder":107},{"sectionNumber":"37P","sectionType":"section","heading":"Procedure on completion of investigation of public interest complaint","content":"\t37P Procedure on completion of investigation of public interest complaint\n\n(1) On completion of an investigation of a public interest complaint, the Racing Integrity Commissioner—\n\n(a) must report the findings of the investigation to—\n\n(i) the relevant controlling body; and\n\nS. 37P(1)(a)(ia) inserted by No. 2/2022 s. 11(1)(a).\n\n(ia) the Integrity Board; and\n\n(ii) the Minister; and\n\n(b) may make recommendations as to the action to be taken as a result of the investigation to—\n\n(i) the Minister; or\n\nS. 37P(1)(b)(ia) inserted by No. 2/2022 s. 11(1)(b).\n\n(ia) the Integrity Board; or\n\n(ii) the relevant controlling body.\n\n(2) If the Racing Integrity Commissioner makes recommendations to the relevant controlling body, the Racing Integrity Commissioner—\n\nS. 37P(2)(a) amended by No. 2/2022 s. 11(2).\n\n(a) must provide the Minister and the Integrity Board with a copy of those recommendations; and\n\n(b) may request the controlling body to notify the Racing Integrity Commissioner within a specified time of the steps to be taken to address the recommendations.\n\nS. 37P(3) amended by No. 2/2022 s. 11(2).\n\n(3) If no appropriate steps have been taken by the relevant controlling body to address the recommendations of the Racing Integrity Commissioner within a reasonable time after those recommendations were made, the Racing Integrity Commissioner may advise the Minister and the Integrity Board of that failure.\n\n(4) The Racing Integrity Commissioner must not include in a report under this section any information that—\n\n(a) is likely to lead to the identification of a person who has made an assessable disclosure; and\n\n(b) is not information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies.\n\nS. 37Q inserted by No. 2/2019 s. 107.\n\n","sortOrder":108},{"sectionNumber":"37Q","sectionType":"section","heading":"Person who made public interest disclosure to be informed of result of investigation","content":"\t37Q Person who made public interest disclosure to be informed of result of investigation\n\n(1) If the Racing Integrity Commissioner conducts an investigation on a public interest complaint, the Racing Integrity Commissioner must inform the person who made the complaint (unless the complaint was made anonymously) of—\n\n(a) the result of the investigation; and\n\n(b) any other information that the Racing Integrity Commissioner thinks proper.\n\n(2) The Racing Integrity Commissioner must not disclose any information under this section if the Racing Integrity Commissioner considers that the disclosure of the information would—\n\n(a) not be in the public interest or in the interests of justice; or\n\n(b) put a person's safety at risk; or\n\n(c) cause unreasonable damage to a person's reputation; or\n\nS. 37Q(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 30.4).\n\n(d) prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or Integrity Oversight Victoria; or\n\n(e) otherwise contravene any applicable statutory secrecy obligations or involve the unreasonable disclosure of information relating to the personal affairs of any person.\n\nS. 37R inserted by No. 2/2019 s. 107.\n\n","sortOrder":109},{"sectionNumber":"37R","sectionType":"section","heading":"Racing Integrity Commissioner must not disclose certain information","content":"\t37R Racing Integrity Commissioner must not disclose certain information\n\nIf a public interest complaint is referred by the IBAC to the Racing Integrity Commissioner for investigation, the Racing Integrity Commissioner must not disclose any information that—\n\n(a) is likely to lead to the identification of a person who has made an assessable disclosure; and\n\n(b) is not information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies.\n\nS. 37S inserted by No. 2/2019 s. 107.\n\n","sortOrder":110},{"sectionNumber":"37S","sectionType":"section","heading":"Disclosure of information by Racing Integrity Commissioner","content":"\t37S Disclosure of information by Racing Integrity Commissioner\n\n(1) At any time, the Racing Integrity Commissioner may provide or disclose any information received or obtained in the course of an investigation of an assessable disclosure to a person or body specified in subsection (3) if the Racing Integrity Commissioner considers that—\n\n(a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and\n\n(b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information.\n\n(2) Despite subsection (1), the Racing Integrity Commissioner must not provide or disclose any information to a person or body if—\n\n(a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and\n\n(b) the information—\n\n(i) would be likely to lead to the identification of a person who made the assessable disclosure; and\n\n(ii) is not information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies.\n\n(3) For the purposes of subsection (1), the following persons and bodies are specified—\n\n(a) the IBAC;\n\nS. 37S(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 30.5).\n\n(b) Integrity Oversight Victoria;\n\n(c) the Ombudsman;\n\n(d) the Auditor-General;\n\n(e) Victoria Police;\n\n(f) the Director of Public Prosecutions;\n\n(g) the Commission for Children and Young People established under section 6 of the **Commission for Children and Young People Act 2012**;\n\nS. 37S(3)(ga) inserted by No. 27/2024 s. 161.\n\n(ga) the Parliamentary Workplace Standards and Integrity Commission;\n\n(h) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth;\n\n(i) the police force or police service (however described) of another State or a Territory;\n\n(j) a prescribed person or body.\n\n(4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).\n\nS. 37T inserted by No. 2/2019 s. 107.\n\n","sortOrder":111},{"sectionNumber":"37T","sectionType":"section","heading":"Confidentiality notice","content":"\t37T Confidentiality notice\n\nS. 37T(1) substituted by No. 31/2024 s. 70(1).\n\n(1) During an investigation on a public interest complaint—\n\nS. 37T(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 30.6(b)).\n\n(a) if the Racing Integrity Commissioner considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice—\n\nS. 37T(1)(a)(i) amended by No. 31/2024 s. 113(Sch. 1 item 30.6(a)).\n\n(i) an investigation by the IBAC or Integrity Oversight Victoria; or\n\n(ii) the safety or reputation of a person; or\n\n(iii) the fair trial of a person who has been, or may be, charged with an offence—\n\nthe Racing Integrity Commissioner must issue a confidentiality notice in respect of the investigation to a person (other than an IBAC Officer or an Integrity Oversight Victoria Officer) specifying the restricted matter or restricted matters in accordance with this section; and\n\nS. 37T(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 30.6(b)).\n\n(b) if the Racing Integrity Commissioner considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice an investigation by the Racing Integrity Commissioner, the Racing Integrity Commissioner may issue a confidentiality notice in respect of the investigation to a person (other than an IBAC Officer or an Integrity Oversight Victoria Officer) specifying the restricted matter or restricted matters in accordance with this section.\n\n(2) A confidentiality notice must—\n\n(b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued; and\n\n(c) include a copy of the provisions of subsections (3) to (7) and sections 37U and 37W and an explanation of the effect of those provisions; and\n\n(d) include a statement—\n\n(i) advising the person to whom the confidentiality notice is issued that additional obligations under the **Public Interest Disclosures Act 2012** relating to confidentiality may apply to the person; and\n\n(ii) directing the person to the provisions of that Act which impose those obligations.\n\nS. 37T(3) amended by No. 31/2024 s. 70(2).\n\n(3) If at any time the Racing Integrity Commissioner considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter from any of those specified in a confidentiality notice in respect of a particular investigation to ensure that the disclosure would not be likely to have the effect specified in subsection (1)(a) or (b), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued—\n\n(a) a notice cancelling the previous confidentiality notice; and\n\n(b) a new confidentiality notice in respect of that investigation under subsection (1).\n\nS. 37T(4) amended by No. 31/2024 s. 70(2).\n\n(4) If at any time the Racing Integrity Commissioner considers on reasonable grounds that disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a) or (b), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued—\n\n(a) a notice cancelling the previous confidentiality notice; and\n\n(b) a new confidentiality notice in respect of that investigation under subsection (1).\n\nS. 37T(5) amended by No. 31/2024 s. 70(2).\n\n(5) If at any time the Racing Integrity Commissioner considers on reasonable grounds that disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a) or (b), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice.\n\n(6) At the conclusion of an investigation in respect of which a confidentiality notice was issued, the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless—\n\n(a) the Racing Integrity Commissioner has applied for an order under section 37U extending the confidentiality notice and the application has not been determined; or\n\n(b) the Supreme Court has made an order under section 37U extending the confidentiality notice; or\n\n(c) the confidentiality notice has already been cancelled under subsection (3), (4) or (5) or section 37U(3).\n\n(7) A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first—\n\n(a) the date on which the Racing Integrity Commissioner issues a notice cancelling the confidentiality notice under subsection (3), (4), (5) or (6) or section 37U(3);\n\n(b) the date specified in an order under section 37U extending the confidentiality notice.\n\n(8) A confidentiality notice under subsection (1) or a notice cancelling a confidentiality notice under subsection (3), (4), (5) or (6) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served.\n\nS. 37U inserted by No. 2/2019 s. 107.\n\n","sortOrder":112},{"sectionNumber":"37U","sectionType":"section","heading":"Extension of confidentiality notice","content":"\t37U Extension of confidentiality notice\n\n(1) If, before the conclusion of an investigation in respect of which a confidentiality notice has been issued, the Racing Integrity Commissioner considers on reasonable grounds that it is necessary to extend the confidentiality notice for a period following the investigation, the Racing Integrity Commissioner may apply to the Supreme Court for an order extending the confidentiality notice.\n\nS. 37U(2) amended by No. 31/2024 s. 71.\n\n(2) On an application under subsection (1), the Supreme Court may, by order, extend a confidentiality notice to a date specified in the order, if the Supreme Court is satisfied that disclosure of the restricted matter or restricted matters specified in the confidentiality notice before that date would be likely to have the effect specified in section 37T(1)(a) or (b).\n\n(3) If, on an application under subsection (1), theSupreme Court declines to make an order under subsection (2), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless the investigation in respect of which the confidentiality notice was issued has not concluded.\n\nSection 37T(6) provides for the issue of a notice cancelling a confidentiality notice at the conclusion of the investigation to which the confidentiality notice relates.\n\n(4) A notice cancelling a confidentiality notice under subsection (3) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served.\n\nS. 37V inserted by No. 2/2019 s. 107.\n\n","sortOrder":113},{"sectionNumber":"37V","sectionType":"section","heading":"Racing Integrity Commissioner to provide the IBAC with copies","content":"\t37V Racing Integrity Commissioner to provide the IBAC with copies\n\nThe Racing Integrity Commissioner, as soon as reasonably practicable, must provide the IBAC with a copy of—\n\n(a) each confidentiality notice issued by the Racing Integrity Commissioner;\n\n(b) each notice cancelling a confidentiality notice issued by the Racing Integrity Commissioner under section 37T(3), (4), (5) or (6) or section 37U(3);\n\n(c) each application to the Supreme Court under section 37U(1) to extend a confidentiality notice;\n\n(d) each order of the Supreme Court under section 37U(2) extending a confidentiality notice.\n\nS. 37W inserted by No. 2/2019 s. 107.\n\n","sortOrder":114},{"sectionNumber":"37W","sectionType":"section","heading":"Disclosure subject to confidentiality notice","content":"\t37W Disclosure subject to confidentiality notice\n\n(1) Except as provided in this section, a person who—\n\n(a) is duly served with a confidentiality notice and, if applicable, a copy of any order extending the confidentiality notice; or\n\n(b) receives a copy of a confidentiality notice under subsection (8) or (9) and, if applicable, a copy of any order extending the confidentiality notice—\n\nmust not disclose a restricted matter specified in the confidentiality notice while it has effect.\n\n(2) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances—\n\n(a) in accordance with a direction or authorisation given by the Racing Integrity Commissioner;\n\n(b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice, including—\n\n(i) to an interpreter—if the person does not have a sufficient knowledge of the English language to understand the nature of the witness summons or confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice;\n\n(ii) to a parent, guardian or independent person—if the person is under the age of 18 years;\n\n(iii) to an independent person—if the person is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice without assistance;\n\n(c) for the purposes of obtaining legal advice or representation in relation to—\n\n(i) an investigation conducted by the Racing Integrity Commissioner under this Act; or\n\n(ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;\n\n(d) by a legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from their professional relationship with their client;\n\n(e) to any of the following persons, unless the Racing Integrity Commissioner directs that the restricted matter must not be disclosed to that person—\n\n(i) the spouse or domestic partner of the person served with the confidentiality notice;\n\n(ii) the employer or manager of the person served with the confidentiality notice, or both;\n\n(f) in any of the following circumstances, unless the Racing Integrity Commissioner directs that the restricted matter must not be disclosed in that circumstance—\n\n(i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued—\n\n(A) a registered health practitioner;\n\nS. 37W(2) (f)(i)(B) amended by Nos 2/2022 s. 29(4), 31/2024 s. 72.\n\n(B) a trade union within the meaning of section 93AB(11) of the Competition and Consumer Act 2010;\n\n(C) an employee assistance program;\n\n(ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;\n\n(iii) to a prescribed service for a purpose prescribed for that service;\n\n(iv) for the purpose of an application to the Fair Work Commission, including any related proceeding;\n\n(g) as is otherwise authorised or required to be made by or under this Act.\n\n(3) A restricted matter specified in a confidentiality notice may be disclosed to the IBAC if—\n\n(a) the IBAC referred the complaint to which the restricted matter relates to the Racing Integrity Commissioner under section 73A of the **Independent Broad-based Anti‑corruption Commission Act 2011**; and\n\n(b) the IBAC has withdrawn the referral in accordance with section 79 of that Act.\n\n(4) A restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if—\n\n(a) the Racing Integrity Commissioner has disclosed information to the Chief Commissioner of Police under section 37S relating to actual or potential criminal conduct; and\n\n(b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct.\n\n(5) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of making—\n\n(a) a complaint to the IBAC under the **Independent Broad-based Anti‑corruption Commission Act 2011**; or\n\nS. 37W(5)(b) amended by No. 31/2024 s. 113(Sch. 1 item 30.7).\n\n(b) a complaint to Integrity Oversight Victoria under the **Integrity Oversight Victoria Act 2011**.\n\n(6) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of complying with—\n\n(a) a witness summons served on a person by the IBAC under the **Independent Broad‑based Anti-corruption Commission Act 2011**; or\n\nS. 37W(6)(b) amended by No. 31/2024 s. 113(Sch. 1 item 30.7).\n\n(b) a witness summons served on a person by Integrity Oversight Victoria under the **Integrity Oversight Victoria Act 2011**.\n\n(7) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been published by an investigating entity or the Integrity and Oversight Committee in a report or has otherwise been made public in accordance with this or any other Act.\n\n(8) A person who makes a disclosure of information permitted by subsection (2) must, when making the disclosure, provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice, unless the person has a reasonable excuse for not doing so.\n\n(9) If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so.\n\n(10) Proceedings may only be instituted for an offence under subsection (1), (8) or (9)—\n\n(a) by the Racing Integrity Commissioner; or\n\n(b) by or with the consent of the Director of Public Prosecutions.\n\n(11) In this section—\n\n***Fair Work Commission*** means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth;\n\n***investigating entity*** has the same meaning as in section 3 of the **Public Interest Disclosures Act 2012**;\n\n***registered health practitioner*** means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);\n\nS. 37W(11) def. of *relevant Act* amended by No. 31/2024 s. 113(Sch. 1 item 30.8).\n\n***relevant Act*** means—\n\n(a) the **Public Interest Disclosures Act 2012**; or\n\n(b) the **Independent Broad-based Anti‑corruption Commission Act 2011**; or\n\n(c) the **Integrity Oversight Victoria Act 2011**; or\n\n(d) the **Ombudsman Act 1973**; or\n\n(e) the Fair Work Act 2009 of the Commonwealth; or\n\n***Victorian WorkCover Authority*** has the same meaning as in the **Workplace Injury Rehabilitation and Compensation Act 2013**.\n\nPt 2  \n(Heading) substituted by Nos 9671 s. 25, 16/2001 s. 28(Sch. item 9).\n\nPart II—Harness Racing Victoria\n\nNo. 6070 s. 38.\n\nS. 38 amended by No. 45/2004 s. 4(2) (ILA s. 39B(1)).\n\n","sortOrder":115},{"sectionNumber":"38","sectionType":"section","heading":"Definitions","content":"\t38 Definitions\n\nS. 38(1) def. of *Board* amended by Nos 9671 s. 29, 16/2001 s. 28(Sch. item 10), 2/2022 s. 12(a).\n\n***Board*** means Harness Racing Victoria;\n\nS. 38(1) def. of *Harness Racing Advisory Council* inserted by No. 50/2015 s. 5.\n\n***Harness Racing Advisory Council*** means the body established under section 44B;\n\nS. 38(1) def. of *harness racing club* inserted by No. 9671 s. 26(a).\n\n***harness racing club*** means any person or body corporate or unincorporate approved by the Board who or which conducts harness races, and includes the Board;\n\nS. 38(1) def. of *harness racing industry participant* inserted by No. 45/2004 s. 4(1), amended by No. 73/2008 s. 6.\n\n***harness racing industry participant*** means—\n\n(a) a harness racing club (other than the Board); or\n\n(b) an association or body (whether incorporated or unincorporated)—\n\n(i) the members of which are owners, breeders, trainers or drivers of horses which compete in harness races, or registered bookmakers; and\n\n(ii) which represents and promotes the interests of those members; or\n\n(c) an association or body involved in harness racing declared to be a harness racing industry participant under subsection (2);\n\n***practising public accountant*** means member in public practice of any body of accountants or auditors approved by the Governor in Council for the purposes of this Part;\n\nS. 38(1) def. of *regulations* repealed by No. 2/2022 s. 12(b).\n\n***rules*** means rules made by the Board pursuant to this Part.\n\nS. 38(1) def. of *trotting club* repealed by No. 9671 s. 26(b).\n\nS. 38(2) inserted by No. 45/2004 s. 4(2).\n\n(2) For the purposes of paragraph (c) of the definition of ***harness racing industry participant***, the Minister may, in writing, declare an association or body (whether incorporated or unincorporated)—\n\n(a) the members of which are persons or bodies involved in harness racing; and\n\n(b) that is not an association or body referred to in paragraph (a) or (b) of the definition of ***harness racing industry participant***—\n\nto be a harness racing industry participant.\n\nNos 6070 ss 39, 44, 6092 s. 3(1)(3).\n\n","sortOrder":116},{"sectionNumber":"39","sectionType":"section","heading":"Harness Racing Victoria","content":"\t39 Harness Racing Victoria\n\nS. 39(1) substituted by No. 7000 s. 3(1), amended by Nos 8989 s. 2, 9671 s. 29, 16/2001 s. 10.\n\n(1) For the purpose of this Act there shall be a Board which shall be a body corporate in the name of Harness Racing Victoria and shall have perpetual succession and a common seal and be capable in law of suing and being sued and, subject to and for the purposes of this Act, of purchasing taking holding selling leasing taking on lease exchanging mortgaging or disposing of land or any real or personal property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.\n\nS. 39(2) amended by Nos 8209 s. 5(a)(i)–(iii), S.R. No. 166/1974 reg. 2, No. 9146 s. 3(a)–(c), substituted by No. 49/1993 s. 6(1), amended by Nos 16/2001 s. 11(a)–(c), substituted by No. 50/2015 s. 6.\n\n(2) The Board consists of at least 5 but not more than 7 members appointed by the Governor in Council on the recommendation of the Minister.\n\nS. 39(2A) inserted by No. 50/2015 s. 6.\n\n(2A) The Governor in Council, on the recommendation of the Minister, must appoint a member of the Board to be chairperson.\n\nS. 39(2B) inserted by No. 50/2015 s. 6.\n\n(2B) The Minister may make a recommendation referred to in subsection (2) if, in the Minister's opinion, the individual has the necessary skills, experience and knowledge to assist the Board to carry out its functions.\n\nS. 39(3) amended by Nos 8209 s. 5(b)(i)(ii), 49/1987 s. 24(1)(d)  \n(i)–(iii), repealed by No. 49/1993 s. 6(2),  \nnew s. 39(3) inserted by No. 77/1993 s. 4(1).\n\n(3) The Minister may appoint a member other than the chairperson to be deputy chairperson of the Board.\n\nS. 39(4) substituted by Nos 49/1993 s. 6(3), 83/1995  \ns. 11(1).\n\n(4) Each member of the Board is severally entitled to be paid remuneration and travelling and other allowances (if any) that are fixed by the Governor in Council in respect of that member.\n\nNo. 6070 s. 40.\n\n","sortOrder":117},{"sectionNumber":"40","sectionType":"section","heading":"Term of office","content":"\t40 Term of office\n\nS. 40(1) amended by No. 97/1998 s. 11.\n\n(1) Subject to this Part the members of the Board shall hold office for the term, not exceeding 3 years, which is specified in the instrument of his or her appointment, and shall be eligible for re-appointment.\n\n(2) The Governor in Council may at any time determine the appointment of any member of the Board.\n\nNo. 6070 s. 41.\n\n","sortOrder":118},{"sectionNumber":"41","sectionType":"section","heading":"Vacancies","content":"\t41 Vacancies\n\n(1) The office of any member of the Board shall become vacant—\n\n(a) at the expiration of his term of office;\n\n(b) if he dies;\n\n(c) if he is incapable of continuing a member;\n\nS. 41(1)(d) amended by No. 7621 s. 12(5).\n\n(d) if he resigns in writing under his hand addressed to the Minister;\n\nS. 41(1)(e) amended by No. 9201 s. 10(a).\n\n(e) if without leave granted by the Minister he fails to attend three successive meetings of the Board;\n\nS. 41(1)(ea) inserted by No. 9201 s. 10(b).\n\n(ea) if he accepts or holds any place of profit under the Board;\n\nS. 41(1)(eb) inserted by No. 9201 s. 10(b).\n\n(eb) if he fails to comply with the provisions of section 45A(1); or\n\n(f) if his appointment is terminated by the Governor in Council.\n\n(2) If the office of a member of the Board becomes vacant otherwise than by the retirement of such member at the expiration of his term of office a qualified person shall in accordance with this Part be appointed to fill the extraordinary vacancy.\n\nS. 41(3) substituted by No. 97/1998 s. 12.\n\n(3) Any person appointed to fill an extraordinary vacancy holds office for the period, not exceeding 3 years, which is specified in the instrument of his or her appointment.\n\nS. 41A inserted by No. 50/2015 s. 7.\n\n","sortOrder":119},{"sectionNumber":"41A","sectionType":"section","heading":"Appointment of administrator","content":"\t41A Appointment of administrator\n\n(1) On the recommendation of the Minister, the Governor in Council,  by order published in the Government Gazette, may appoint an administrator to manage the harness racing industry for the period of the administration.\n\n(2) The Minister may make a recommendation referred to in subsection (1) if, in the Minister's opinion—\n\n(a) the Board has failed to efficiently or competently manage the harness racing industry; or\n\n(b) the appointment of an administrator is otherwise in the public interest.\n\n(3) On the appointment of an administrator—\n\n(a) the members of the Board cease to hold office; and\n\n(b) subject to the order, the administrator has all the functions and may exercise all the powers of the Board.\n\n(4) An administrator appointed under this section—\n\n(a) is appointed for the period and subject to the terms and conditions specified in the instrument of appointment; and\n\n(b) is entitled to be paid any remuneration, travelling and other allowances that the Minister determines.\n\n(5) An administrator ceases to hold office—\n\n(a) on the appointment of members to the Board in accordance with section 39; or\n\n(b) on the appointment of another administrator in accordance with this section.\n\nSee also section 41 of the **Interpretation of Legislation Act 1984**.\n\nNos 6070 s. 42, 6092 s. 3(4).\n\n","sortOrder":120},{"sectionNumber":"42","sectionType":"section","heading":"Meetings","content":"\t42 Meetings\n\nS. 42(1) substituted by No. 77/1993 s. 4(2).\n\n(1) The chairperson must preside at all meetings of the Board or, in his or her absence, the deputy chairperson or, in the absence of both the chairperson and the deputy chairperson, a member of the Board chosen by the members present, must preside.\n\nS. 42(2) amended by Nos 49/1993 s. 6(4), 16/2001 s. 12.\n\n(2) A quorum of the Board shall consist of four members.\n\n(3) During any vacancy in the office of member the continuing members may, subject to there being a quorum, act as if no vacancy had occurred.\n\nS. 42(4) amended by No. 77/1993 s. 4(3).\n\n(4) In the case of an equality of votes at any meeting of the Board the person presiding at the meeting shall have a second or casting vote.\n\n(5) Subject to this Part the Board may regulate its own procedure.\n\nNo. 6070 s. 43.\n\nS. 43 substituted by No. 10014 s. 4(1).\n\n","sortOrder":121},{"sectionNumber":"43","sectionType":"section","heading":"Chief Executive Officer and other officers","content":"\t43 Chief Executive Officer and other officers\n\n(1) The Board shall appoint—\n\n(a) with the approval of the Minister some fit and proper person to be the Chief Executive Officer of the Board; and\n\n(b) such other officers as are required.\n\n(2) A person appointed under subsection (1) shall—\n\n(a) be entitled to be paid—\n\n(i) such remuneration as the Board determines; and\n\n(ii) such travelling and other allowances (if any) as the Board with the approval of the Minister determines; and\n\n(b) be appointed subject to such other terms and conditions as the Board determines.\n\n(3) The Chief Executive Officer shall—\n\n(a) have control of the day to day administration of the affairs of the Board and administer those affairs in accordance with the policies of, and directions given by, the Board; and\n\n(b) exercise such other powers and perform such other duties as are conferred and imposed on him by or under this Act or by the Board.\n\n(4) The other officers of the Board shall exercise such powers and perform such duties as are conferred and imposed on them by the Board or the Chief Executive Officer.\n\nS. 43(5) substituted by No. 73/1996  \ns. 90(1), amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 171.1).\n\n(5) The **Public Administration Act 2004** does not apply to a person appointed under this section in respect of the office to which the person is appointed.\n\n(6) An appointment under this section may be revoked—\n\n(a) in the case of the Chief Executive Officer, at any time by the Board with the approval of the Minister; and\n\nS. 43(6)(b) amended by No. 10087 s. 3(1)(Sch. 1 item 196).\n\n(b) in the case of any other officer of the Board, at any time by the Board.\n\nNo. 6070 s. 45.\n\n","sortOrder":122},{"sectionNumber":"44","sectionType":"section","heading":"Function of Board","content":"\t44 Function of Board\n\nThe function of the Board is—\n\nS. 44(a) amended by Nos 9671 s. 30, 45/2004 s. 5(a).\n\n(a) to control the sport of harness racing; and\n\nS. 44(b) amended by Nos 8690 s. 2(b), 9671 s. 31.\n\n(b) to conduct harness races; and\n\nS. 44(ba) inserted by No. 45/2004 s. 5(b).\n\n(ba) to consult with harness racing industry participants and facilitate consultation amongst harness racing industry participants; and\n\n(c) to exercise such powers functions and duties as are conferred on the Board by or under this or any other Act.\n\nS. 44AA inserted by No. 17/1992 s. 7.\n\n\t44AA Board may act as venue operator\n\nS. 44AA(1) amended by No. 114/2003 s. 12.1.3(Sch. 6 item 10.5).\n\n(1) The Board may hold a venue operator's licence under the **Gambling Regulation Act 2003** and may, subject to that Act, do anything that a venue operator is empowered to do under that Act.\n\n(2) For the purposes of subsection (1), the Board—\n\n(a) with the approval of the Minister and the Treasurer, may enter into any arrangement or agreement and has power to do anything necessary or expedient to carry that arrangement or agreement into effect; and\n\nS. 44AA(2)(b) amended by No. 74/2000 s. 3(Sch. 1 item 107.1).\n\n(b) may apply for and hold a licence under section 8, 9 or 10 of the **Liquor Control Reform Act 1998**.\n\nS. 44A inserted by No. 8989 s. 3.\n\n\t44A Borrowings by Board\n\nFor the purposes of carrying out its powers and functions under this Act, the Board is authorized with the prior approval in writing of the Minister and the Treasurer of Victoria to borrow moneys on such terms and conditions as the Treasurer of Victoria approves.\n\nS. 44B inserted by No. 45/2004 s. 6, substituted by No. 50/2015 s. 8.\n\n\t44B Harness Racing Advisory Council\n\n(1) The Board must establish a Harness Racing Advisory Council.\n\n(2) The Harness Racing Advisory Council must be established within 3 months of the commencement of section 8 of the **Racing Amendment Act 2015**.\n\n(3) The Harness Racing Advisory Council consists of the following members appointed by the Board—\n\n(a) two members of the Board, one of whom is to be appointed chairperson;\n\n(b) at least 3 members who are nominees of organisations or persons who are representatives of the Victorian harness racing industry;\n\n(c) up to 2 persons who have experience or interest in the Victorian harness racing industry.\n\n(4) The Board must consult the Minister before appointing a person to be a member of the Harness Racing Advisory Council.\n\n(5) A member of the Harness Racing Advisory Council—\n\n(a) is appointed for the period and subject to the terms and conditions specified in the instrument of appointment; and\n\n(b) is entitled to be paid any travelling and other allowances that the Board determines.\n\nS. 44BA inserted by No. 50/2015 s. 8.\n\n\t44BA Functions of Harness Racing Advisory Council\n\n(1) The functions of the Harness Racing Advisory Council are—\n\n(a) to advise the Board on matters concerning harness racing; and\n\n(b) to facilitate consultation between the Board and harness racing industry participants.\n\n(2) The Harness Racing Advisory Council may consider any matter referred to it by the Board.\n\n(3) The Board must issue general directions for the operation of the Harness Racing Advisory Council, including any procedures to be followed by the Council.\n\n(4) The Board must ensure that general directions issued under subsection (3) are published on its website.\n\n(5) The Harness Racing Advisory Council must comply with any general directions issued by the Board under subsection (3).\n\n(6) Subject to any direction of the Board issued under subsection (3) or otherwise, the Harness Racing Advisory Council may regulate its own procedure.\n\nS. 44C inserted by No. 45/2004 s. 6.\n\n","sortOrder":123},{"sectionNumber":"44C","sectionType":"section","heading":"Reporting on consultations","content":"\t44C Reporting on consultations\n\nThe Board must, in every report of operations under Part 7 of the **Financial Management Act 1994**—\n\n(a) include details of—\n\nS. 44C(a)(i) amended by No. 50/2015 s. 9(a).\n\n(i) all of its consultations with harness racing industry participants, whether that consultation occurred directly or through the Harness Racing Advisory Council, including the harness racing industry participants with which it consulted in each case; and\n\nS. 44C(a)(ii) amended by No. 50/2015 s. 9(b).\n\n(ii) all cases where it has facilitated consultation amongst harness racing industry participants, whether directly or through the Harness Racing Advisory Council; and\n\n(iii) every decision made following consultation with harness racing industry participants; and\n\n(b) set out the procedures required to be established in accordance with section 44B.\n\nNo. 6070 s. 46.\n\nS. 45 amended by Nos 9924 s. 3(b), 49/1987 s. 15(a)(b).\n\n","sortOrder":124},{"sectionNumber":"45","sectionType":"section","heading":"Registration etc. of clubs, horses and persons participating in harness racing","content":"\t45 Registration etc. of clubs, horses and persons participating in harness racing\n\n(1) The Board may in respect of the whole of Victoria in accordance with the rules—\n\nS. 45(1)(aa) inserted by No. 37/1994 s. 186(h).\n\n(aa) fix dates and times for harness race-meetings;\n\nS. 45(1)(a) amended by No. 9671 s. 28.\n\n(a) register refuse to register or deregister any harness club horse owner trainer driver or rider;\n\n(b) charge and take for any such registration the fees prescribed therefor by the rules;\n\nS. 45(1)(c) amended by No. 9671 s. 28.\n\n(c) disqualify or suspend from participating in harness races any club horse or person;\n\nS. 45(1)(d) amended by No. 9671 s. 28.\n\n(d) exclude from participation in harness races any club horse or person which or who is not registered as required by the rules or is under disqualification or suspension pursuant to the rules;\n\nS. 45(1)(e) substituted by No. 6462 s. 3(1) (as amended by No. 6489 s. 4(Sch. item 20(c)), amended by No. 9671 s. 28.\n\n(e) grant an authority, subject to such conditions (if any) as are prescribed by the rules, or refuse to grant an authority to any person to carry on the business of bookmaking at meetings for harness races (wherever held) and revoke or suspend the authority of any such person;\n\nS. 45(1)(f) inserted by No. 6462 s. 3(1) (as amended by No. 6489 s. 4(Sch. item 20(c)).\n\n(f) prohibit the carrying on at any such meeting of the business of bookmaking by any unauthorized person;\n\nS. 45(1)(g) inserted by No. 6462 s. 3(1) (as amended by No. 6489 s. 4(Sch. item 20(c)).\n\n(g) fine or otherwise punish any club or person offending against the rules—\n\nand any decision of the Board in relation to any of the matters referred to in paragraphs (a), (b), (d), (e) and (f) shall be final and without appeal.\n\nS. 45(2) inserted by No. 49/1987 s. 15(b).\n\n(2) The Board may carry out freeze branding on any breed of horse whether the horse is to be used for harness racing or not.\n\nS. 45(3) inserted by No. 97/1998 s. 13, amended by No. 2/2022 s. 13(1).\n\n(3) The Board may suspend the members of a committee or other managing body of any harness racing club and may appoint some fit and proper person to be administrator of the club.\n\nS. 45(4) inserted by No. 97/1998 s. 13.\n\n(4) An administrator appointed under subsection (3) is deemed to be the committee or other managing body of the club and—\n\n(a) has and may exercise all the powers and is subject to all the duties of the club or other managing body; and\n\n(b) has and may exercise all the powers and is subject to all the duties of the members of the committee or other managing body of the club.\n\nS. 45(5) inserted by No. 97/1998 s. 13, amended by No. 2/2022 s. 13(2).\n\n(5) At any time after an administrator has been appointed, the Board may remove the suspension of the members of the committee or other managing body of the club and upon that removal the powers of the administrator cease.\n\nS. 45AAA inserted by No. 77/1993 s. 5, repealed by No. 97/1998 s. 14.\n\nS. 45AA inserted by No. 77/1993 s. 5, amended by No. 83/1995 s. 11(2), repealed by No. 97/1998 s. 14.\n\nS. 45A inserted by No. 9201 s. 11.\n\n","sortOrder":125},{"sectionNumber":"45A","sectionType":"section","heading":"Disclosure of pecuniary interest","content":"\t45A Disclosure of pecuniary interest\n\n(1) If a member of the Board knowingly has any direct or indirect pecuniary interest in any contract or proposed contract with the Board or in any other matter in which the Board is concerned, and is present at any meeting of the Board at which the contract, proposed contract or other matter is being considered, he shall at the meeting, as soon as practicable after the commencement thereof, disclose his interest and he shall not remain in the room in which such meeting is being held during any consideration or discussion of or the taking of any vote on any question with respect to the contract, proposed contract, or other matter.\n\n(2) For the purposes of this section a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter, if—\n\n(a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct or indirect pecuniary interest in the other matter under consideration; or\n\n(b) he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct or indirect pecuniary interest in the other matter under consideration.\n\nS. 45A(3) amended by Nos 9671 s. 28, 72/2001 s. 3(Sch. item 11.3).\n\n(3) For the purposes of this section a member of the Board who enters a horse of which the member or the member's spouse or domestic partner is the owner part-owner trainer or driver in a harness race at meetings conducted by the Board shall not thereby be treated as having a direct or indirect interest in any contract or proposed contract or other matter with or concerning the Board.\n\nS. 45A(3A) inserted by No. 27/1988 s. 4(1).\n\n(3A) For the purposes of this section, a member of the Board who holds office in or is a member or employee of—\n\n(a) the Metropolitan and Country Trotting Association of Victoria; or\n\n(b) the Association of Victorian Country Trotting Clubs; or\n\n(c) a harness racing club—\n\nshall not thereby be treated as having a direct or indirect interest in a contract or proposed contract or other matter with or concerning that association or club.\n\n(4) Where a member of the Board has an indirect pecuniary interest in any contract, proposed contract or other matter and would not be treated as having such an interest but for the fact that he has a beneficial interest in shares of a company or other body, then, if the total nominal value of those shares does not exceed $1000 or one‑hundredth of the total nominal value of the issued share capital of the company or body (whichever is the less), so much of subsection (1) as precludes him from taking part in the consideration or discussion of, or voting on, any question with respect to the contract, proposed contract or other matter shall not apply to him.\n\n(5) Where the share capital of a company or other body is of more than one class, subsection (4) shall not apply if the total nominal value of all the shares of any one class in which he has a beneficial interest exceeds one-hundredth of the total nominal value of the issued share capital of that class of the company or other body.\n\nS. 45A(6) substituted by No. 72/2001 s. 3(Sch. item 11.4).\n\n(6) The interest of a member's spouse or domestic partner is deemed, for the purposes of this section, to be also the interest of the member if—\n\n(a) they are living together; and\n\n(b) the member knows of the interest.\n\nS. 45A(7) amended by No. 72/2001 s. 3(Sch. item 11.5(a)  \n(b)).\n\n(7) A general notice given in writing to the Chief Executive Officer of the Board by a member of the Board to the effect that the member or the member's spouse or domestic partner is a member or in the employment of a specified company or other body, or a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.\n\n(8) If a member of the Board fails to comply with the provisions of subsection (1) his seat shall thereupon become vacant and every such vacancy shall be deemed to be an extraordinary vacancy.\n\n(9) In this section the expression ***shares*** includes stock and the expression ***share capital*** shall be construed accordingly.\n\nNos 6070 s. 47, 6092 s. 6.\n\n","sortOrder":126},{"sectionNumber":"46","sectionType":"section","heading":"Harness Racing Victoria Fund and finances of Board","content":"\t46 Harness Racing Victoria Fund and finances of Board\n\nS. 46(1) amended by Nos 9671 s. 29 (as amended by No. 9902 s. 2(1)(Sch. item 217)), 16/2001 s. 28(Sch. item 11(a)).\n\n(1) The Board shall establish a fund to be called \"Harness Racing Victoria Fund\".\n\nS. 46(2) amended by Nos 7899 s. 3(a), 24/2000 s. 12(2)(a).\n\n(2) There shall be paid into the said fund all moneys received by the Board, including fines under the rules, other than money required to be paid into the bookmaking development fund established by the Board in accordance with section 91C.\n\nS. 46(3)(a) substituted by No. 7828 s. 4, amended by Nos 9388 s. 6(a), 9671 ss 29 (as amended by No. 9902 s. 2(1)(Sch. item 217)), 30, 16/2001 s. 28(Sch. item 11(b)), 45/2004 s. 7(a).\n\n(3) (a) Harness Racing Victoria Fund shall be applied by the Board to meet any expenses incurred by the Board in performing any functions under this or any other Act (including payments to members and officers of the Board) and, as the Board thinks fit, for the benefit and development of harness racing in Victoria and in particular without in any way limiting the generality of the foregoing—\n\nS. 46(3)(a)(i) amended by No. 9671 s. 30.\n\n(i) for the benefit of harness racing clubs and persons engaged in training or driving or training and driving harness racing horses;\n\nS. 46(3)(a)(ii) amended by No. 9671 s. 30.\n\n(ii) for the provision and maintenance of facilities for the training of harness racing horses on land not owned or leased by the Board;\n\nS. 46(3)(a)(iia) inserted by No. 45/2004 s. 7(b).\n\n(iia) for consulting with harness racing industry participants;\n\nS. 46(3)(a)(iib) inserted by No. 45/2004 s. 7(b).\n\n(iib) for harness racing industry participants to participate in consultations with the Board;\n\nS. 46(3)(a)(iii) amended by No. 9671 s. 30.\n\n(iii) for making donations (being not more than $1000 in any one case) to charitable benevolent or other institutions in respect of harness racing meetings held for the purposes of such institutions and for the alleviation of distress and hardship occasioned by any public calamity disaster or unusual circumstances.\n\nS. 46(3)(b) repealed by No. 9146 s. 5.\n\nS. 46(3A) inserted by No. 9388 s. 6(b), amended by No. 49/1987 s. 16,  \nrepealed by No. 37/1994 s. 187.\n\nS. 46(4) amended by No. 9671 s. 30.\n\n(4) Any surplus of the said fund may be applied at the discretion of the Board for the benefit of harness racing clubs.\n\nS. 46(5) substituted by No. 7899 s. 3(b), amended by No. 9671 s. 32 (as amended by No. 9902 s. 2(1)(Sch. item 218)), repealed by No. 37/1994 s. 187.\n\nS. 46(6) repealed by No. 7899 s. 3(b),  \nnew s. 46(6) inserted by No. 9671 s. 27, amended by No. 9671 s. 29, repealed by No. 37/1994 s. 187.\n\nS. 46(7) amended by No. 7621 s. 2, repealed by No. 7899 s. 3(b).\n\nS. 47 repealed.[[7]](#endnote-8)\n\nss 4, 5.\n\n","sortOrder":127},{"sectionNumber":"48","sectionType":"section","heading":"Agreement with Royal Agricultural Society and its alteration","content":"\t48 Agreement with Royal Agricultural Society and its alteration\n\nS. 48(1) amended by No. 7621 s. 12(7).\n\n(1) The Agreement entered into pursuant to the **Trotting Races Act 1957** and substantially in the form and to the effect of the Schedule to that Act between the trustees of the Royal Agricultural Society of Victoria and the Board shall have effect according to the tenor thereof but, having regard to changes in circumstances, may by agreement between the parties thereto be altered at any time with the consent of the Minister so far as it relates to conditions of use, including payments for the use, of the Royal Agricultural Showgrounds or any part thereof.\n\n(2) (a) If the Board is at any time unable to meet any payments under the agreement so entered into the Treasurer may subject to such terms and conditions as he thinks fit advance from the Public Account to the Board such moneys as are necessary to meet such payments, and any money so advanced shall be a charge on the funds of the Board and shall be repaid by the Board when funds are available.\n\nS. 48(2)(b) amended by No. 11/2001 s. 3(Sch. item 62).\n\n(b) Any such advance shall be made at a rate of interest determined by the Treasurer as being the prevailing overdraft rate.\n\nS. 48(2)(c) amended by No. 93/1997  \ns. 28(Sch.  \nitem 26).\n\n(c) For the purposes of this subsection the Auditor-General shall in relation to the Board and its accounts have all such powers as he has in relation to the Public Account, and the **Audit Act 1994** shall be read and construed and have effect accordingly.\n\nNo. 6070 s. 49.\n\n","sortOrder":128},{"sectionNumber":"49","sectionType":"section","heading":"Rules of Board","content":"\t49 Rules of Board\n\nThe Board may make rules for or with respect to—\n\nS. 49(a) substituted by No. 6462 s. 3(2), amended by No. 9671 ss 30, 31.\n\n(a) the control of the sport of harness racing in Victoria including (without affecting the generality of the foregoing) rules for or with respect to registrations and de-registrations, disqualifications and suspensions, exclusion of clubs horses or persons from participation in harness races, the granting refusing to grant revoking or suspending of authorities, fees in respect of registrations and authorities, fines, and any other matters which the Board is by or under this or any other Act required or empowered to perform;\n\nS. 49(b) amended by No. 9671 s. 31.\n\n(b) the management of harness race-meetings conducted by the Board.\n\nS. 49A inserted by No. 97/1998 s. 15, amended by No. 16/2001 s. 13,  \nrepealed by No. 52/2009 s. 11.\n\nSs 49B, 49C inserted by No. 97/1998 s. 15,  \nrepealed by No. 52/2009 s. 11.\n\nS. 50 amended by Nos 6886 s. 3, 9671 s. 30, 125/1986 s. 13(d), 49/1987 s. 23(b), 52/2009 s. 11, repealed by No. 2/2022 s. 14.\n\nPt 2A (Heading and ss 50A–50R) inserted by No. 52/2009 s. 7, amended by Nos 55/2012 ss 10–12, 17/2014 s. 160(Sch. 2 item 83.2), substituted as Pt 2A (Headings and 50A–50ZL) by No. 37/2018 s. 14.\n\nPart IIA—Victorian Racing Tribunal\n\nDivision 1—Establishment of the Victorian Racing Tribunal\n\nS. 50A substituted by No. 37/2018 s. 14.\n\n","sortOrder":129},{"sectionNumber":"50A","sectionType":"section","heading":"Definitions","content":"\t50A Definitions\n\n(1) In this Part—\n\n***Chairperson*** means the Chairperson of the Victorian Racing Tribunal appointed under section 50D;\n\n***Deputy Chairperson*** means a Deputy Chairperson of the Victorian Racing Tribunal appointed under section 50D;\n\n***expert*** means an expert who assists the Victorian Racing Tribunal under section 50R;\n\nS. 50A(1) def. of *Greyhound Racing Victoria* repealed by No. 2/2022 s. 15.\n\nS. 50A(1) def. of *Harness Racing Victoria* repealed by No. 2/2022 s. 15.\n\n***investigator*** means a person appointed under the rules by Greyhound Racing Victoria, Harness Racing Victoria or Racing Victoria to investigate matters in respect of the enforcement of, and compliance with, the rules;\n\n***judicial officer*** has the same meaning as it has in section 87AAA(1) of the **Constitution Act 1975**;\n\n***penalty*** means—\n\n(a) the imposition of a fine under the rules; or\n\n(b) the imposition of any of the following penalties under the rules that prevents participation in racing in any capacity—\n\n(i) a suspension;\n\n(ii) a disqualification;\n\n(iii) a warning off;\n\n***rules*** has the same meaning as it has in sections 38 and 51 and includes the rules of racing of Racing Victoria;\n\n***serious offence*** means an offence that is a serious offence within the meaning of the rules of—\n\n(a) Greyhound Racing Victoria; or\n\n(b) Harness Racing Victoria; or\n\n(c) Racing Victoria;\n\n***serving judicial officer*** means—\n\n(a) a Judge of the Court within the meaning of section 5 of the **Constitution Act 1975**; or\n\n(b) an Associate Judge within the meaning of section 5 of the **Constitution Act 1975**; or\n\n(c) a judge within the meaning of section 3(1) of the **County** **Court Act 1958**; or\n\n(d) an associate judge within the meaning of section 3(1) of the **County** **Court Act 1958**; or\n\n(e) a magistrate—\n\nbut does not include a reserve judge, reserve associate judge or a reserve magistrate when engaged on a sessional basis;\n\n***Victorian Racing Tribunal Registrar*** means the Victorian Racing Tribunal Registrar employed under section 83OE.\n\n(2) In this Part, a reference to a member of the Victorian Racing Tribunal includes a reference to the Chairperson and a Deputy Chairperson of the Victorian Racing Tribunal, unless the contrary intention appears.\n\nS. 50B substituted by No. 37/2018 s. 14.\n\n","sortOrder":130},{"sectionNumber":"50B","sectionType":"section","heading":"Establishment of the Victorian Racing Tribunal","content":"\t50B Establishment of the Victorian Racing Tribunal\n\nThe Victorian Racing Tribunal is established.\n\nS. 50C substituted by No. 37/2018 s. 14.\n\n","sortOrder":131},{"sectionNumber":"50C","sectionType":"section","heading":"Functions of Victorian Racing Tribunal","content":"\t50C Functions of Victorian Racing Tribunal\n\nThe functions of the Victorian Racing Tribunal are to hear and determine the following matters—\n\n(a) an appeal made under section 50K in relation to a decision made under the rules to impose a penalty on a person;\n\n(b) an appeal in relation to a decision made under the rules following a direction made by the Racing Integrity Commissioner under section 50L;\n\n(c) a charge made against a person for a serious offence;\n\n(d) any matter referred to the Victorian Racing Tribunal—\n\n(i) on Harness Racing Victoria's own motion; or\n\n(ii) on Greyhound Racing Victoria's own motion; or\n\n(iii) on Racing Victoria's own motion; or\n\n(iv) on the recommendation of the Chief Steward or the Deputy Chief Steward of a controlling body; or\n\n(v) on the recommendation of a steward who is acting as either the Chief Steward or the Deputy Chief Steward of a controlling body;\n\n(e) an appeal against a decision of a controlling body to refuse to grant approval for a bookmaker to operate from off-course premises under section 50M;\n\n(f) an appeal relating to a Trainer User Agreement.\n\nS. 50D substituted by No. 37/2018 s. 14.\n\n","sortOrder":132},{"sectionNumber":"50D","sectionType":"section","heading":"Members of the Victorian Racing Tribunal","content":"\t50D Members of the Victorian Racing Tribunal\n\n(1) The Victorian Racing Tribunal consists of not less than 15 members appointed by the Governor in Council on the recommendation of the Minister of whom—\n\n(a) one is to be the Chairperson; and\n\n(b) 3 are to be Deputy Chairpersons.\n\n(2) A person must not be appointed as a member of the Victorian Racing Tribunal unless the person consents to the appointment.\n\n(3) A majority of the members of the Victorian Racing Tribunal must be an Australian lawyer of not less than 7 years experience as an Australian lawyer.\n\n(4) At least one member of the Victorian Racing Tribunal must have—\n\n(a) animal welfare expertise; or\n\n(b) veterinary expertise.\n\n(5) A person is not eligible for appointment as a member of the Victorian Racing Tribunal if the person—\n\n(a) is registered or licensed under the rules of a controlling body; or\n\n(b) has or obtains a financial or proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse; or\n\n(c) holds office in or is an employee of—\n\n(i) Racing Victoria; or\n\n(ii) Harness Racing Victoria; or\n\n(iii) Greyhound Racing Victoria; or\n\n(iv) any racing club; or\n\n(v) any organisation that may, in the opinion of the Minister, give rise to a conflict of interest.\n\nS. 50E substituted by No. 37/2018 s. 14.\n\n","sortOrder":133},{"sectionNumber":"50E","sectionType":"section","heading":"Terms and conditions of office","content":"\t50E Terms and conditions of office\n\n(1) A member of the Victorian Racing Tribunal holds office—\n\n(a) for a term not exceeding 3 years specified in the member's instrument of appointment; and\n\n(b) on the terms and conditions specified in the member's instrument of appointment.\n\n(2) A member of the Victorian Racing Tribunal is eligible for reappointment.\n\n(3) A member of the Victorian Racing Tribunal (other than a serving judicial officer) is entitled to be paid remuneration determined by the Governor in Council.\n\n(4) A member of the Victorian Racing Tribunal is entitled to be paid allowances and expenses determined by the Governor in Council.\n\nS. 50F substituted by No. 37/2018 s. 14.\n\n","sortOrder":134},{"sectionNumber":"50F","sectionType":"section","heading":"Vacancies, resignations and termination of members of the Victorian Racing Tribunal","content":"\t50F Vacancies, resignations and termination of members of the Victorian Racing Tribunal\n\n(1) The office of a member of the Victorian Racing Tribunal becomes vacant if—\n\n(a) the member's term expires and the member is not reappointed; or\n\n(b) the member becomes a director, board member or employee of a controlling body or a registered or licensed racing club; or\n\n(c) the member has or obtains a proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse; or\n\n(d) the member resigns; or\n\n(e) the member is unable to perform the functions and duties of the office for any reason; or\n\n(f) the member holds office in any organisation that may, in the opinion of the Minister, give rise to a conflict of interest; or\n\n(g) the office of the member is terminated in accordance with subsection (2).\n\n(2) The Governor in Council may terminate the office of a member of the Victorian Racing Tribunal on the recommendation of the Minister.\n\n(3) The Minister may recommend to the Governor in Council to terminate the office of a member of the Victorian Racing Tribunal if the Minister is satisfied that the member's actions or behaviour are, or are likely to be, detrimental to the proper functioning of the Victorian Racing Tribunal.\n\n(4) A member of the Victorian Racing Tribunal may resign by delivering a signed letter of resignation to the Minister.\n\n(5) The Chairperson or a Deputy Chairperson may resign from office as the Chairperson or a Deputy Chairperson and remain a member of the Victorian Racing Tribunal by delivering a signed letter of resignation to the Minister.\n\nS. 50G substituted by No. 37/2018 s. 14.\n\n","sortOrder":135},{"sectionNumber":"50G","sectionType":"section","heading":"Chairperson of the Victorian Racing Tribunal","content":"\t50G Chairperson of the Victorian Racing Tribunal\n\n(1) The Chairperson must be a person who is a former or current judicial officer.\n\n(2) The Chairperson must ensure that—\n\n(a) rules of practice and procedure and practice notes for the Victorian Racing Tribunal are in place; and\n\n(b) members of the Victorian Racing Tribunal are educated about the rules of practice and procedure and practice notes.\n\n(3) Rules of practice and procedure or practice notes referred to in subsection (2) are not statutory rules or legislative instruments within the meaning of the **Subordinate Legislation Act 1994**.\n\nS. 50H substituted by No. 37/2018 s. 14.\n\n","sortOrder":136},{"sectionNumber":"50H","sectionType":"section","heading":"Deputy Chairpersons of the Victorian Racing Tribunal","content":"\t50H Deputy Chairpersons of the Victorian Racing Tribunal\n\n(1) A Deputy Chairperson must be a person who is a former or current judicial officer.\n\n(2) The Deputy Chairpersons must be persons who have the following requisite knowledge and experience in the relevant racing codes being—\n\n(a) a Deputy Chairperson with knowledge and experience in greyhound racing;\n\n(b) a Deputy Chairperson with knowledge and experience in harness racing;\n\n(c) a Deputy Chairperson with knowledge and experience in thoroughbred racing.\n\nS. 50I substituted by No. 37/2018 s. 14.\n\n","sortOrder":137},{"sectionNumber":"50I","sectionType":"section","heading":"Appointment of a judicial officer as Chairperson or Deputy Chairperson","content":"\t50I Appointment of a judicial officer as Chairperson or Deputy Chairperson\n\n(1) The appointment of a judicial officer as the Chairperson or a Deputy Chairperson does not affect—\n\n(a) the judicial officer's tenure of office or status as a judicial officer; or\n\n(b) the payment of the judicial officer's salary or allowances; or\n\n(c) any other rights or privileges that the judicial officer has as a judicial officer.\n\n(2) Service in the office of the Chairperson or a Deputy Chairperson by a serving judicial officer must be taken for all purposes to be service in the office of a judicial officer.\n\n(3) Nothing in this Act prevents a judicial officer who is appointed as the Chairperson or a Deputy Chairperson from constituting the court or tribunal to which the judicial officer is appointed or assigned for the purposes of the exercise by the court or tribunal of any of its functions.\n\nS. 50J substituted by No. 37/2018 s. 14.\n\n","sortOrder":138},{"sectionNumber":"50J","sectionType":"section","heading":"Acting appointments","content":"\t50J Acting appointments\n\n(1) The Minister may appoint a Deputy Chairperson to act as the Chairperson for a period not exceeding 3 months—\n\n(a) if the office of the Chairperson is vacant in accordance with section 50F(1); or\n\n(b) during any period, or during all periods, when the Chairperson holds office and is unable to perform the duties of the Chairperson for any reason.\n\n(2) A Deputy Chairperson who is acting as the Chairperson in accordance with subsection (1) may—\n\n(a) exercise all of the powers of the Chairperson; and\n\n(b) perform all of the duties and functions of the Chairperson.\n\n(3) The Minister may appoint an eligible member of the Victorian Racing Tribunal to act as a Deputy Chairperson for a period not exceeding 3 months—\n\n(a) during any vacancy in the office of a Deputy Chairperson in accordance with section 50F(1); or\n\n(b) during any period, or during all periods, when a Deputy Chairperson is acting as the Chairperson under this section or is unable to perform the duties of a Deputy Chairperson for any reason.\n\n(4) A member who is acting as a Deputy Chairperson may—\n\n(a) exercise all of the powers of a Deputy Chairperson; and\n\n(b) perform all of the duties and functions of a Deputy Chairperson.\n\nS. 50JA inserted by No. 2/2022 s. 16.\n\n\t50JA Validity of decisions\n\nAn act or a decision of the Victorian Racing Tribunal is not invalid by reason only of—\n\n(a) a defect or an irregularity in, or in connection with, the appointment of a member; or\n\n(b) a vacancy in the office of a member.\n\nDivision 2—Jurisdiction of the Victorian Racing Tribunal\n\nS. 50K substituted by No. 37/2018 s. 14.\n\n","sortOrder":139},{"sectionNumber":"50K","sectionType":"section","heading":"Appeals to the Victorian Racing Tribunal","content":"\t50K Appeals to the Victorian Racing Tribunal\n\n(1) A person may appeal to the Victorian Racing Tribunal against a decision made under the rules to impose a penalty on the person if the penalty—\n\n(a) is a suspension, disqualification or warning off; or\n\n(b) is a fine of more than $250.\n\n(2) An appeal under subsection (1) must—\n\n(b) be lodged with the Victorian Racing Tribunal Registrar by 5.00 p.m. on the third day after the day the appellant receives notice of the decision made under the rules to impose a penalty.\n\n(3) The Victorian Racing Tribunal Registrar must give the Chairperson a copy of an appeal made under subsection (2) as soon as reasonably practicable.\n\n(4) Subject to section 50Q(2), the Victorian Racing Tribunal must hear an appeal made under this section.\n\n(5) As soon as reasonably practicable after the Chairperson receives a copy of an appeal under subsection (3), the Victorian Racing Tribunal, or the Victorian Racing Tribunal Registrar at the direction of the Victorian Racing Tribunal, must advise, in writing, the appellant and the person or body that imposed the penalty of—\n\nS. 50L substituted by No. 37/2018 s. 14.\n\n","sortOrder":140},{"sectionNumber":"50L","sectionType":"section","heading":"Racing Integrity Commissioner may direct that certain appeals be heard","content":"\t50L Racing Integrity Commissioner may direct that certain appeals be heard\n\n(1) This section applies if a decision has been made under the rules to impose a penalty on a person that is a fine of not more than $250.\n\n(2) The person may apply in writing to the Racing Integrity Commissioner to request that the Commissioner direct the Victorian Racing Tribunal to hear an appeal made by the person against the decision to impose the penalty.\n\n(3) An application under subsection (2) must be made by 5.00 p.m. on the third day after the day the person receives notice of the decision to impose the penalty.\n\n(4) After receiving an application under subsection (2), the Racing Integrity Commissioner may direct the Victorian Racing Tribunal to hear and determine the appeal if the Commissioner considers that it is in the public interest to do so.\n\n(5) The Victorian Racing Tribunal must comply with a direction made by the Racing Integrity Commissioner under subsection (4).\n\n(6) As soon as reasonably practicable after the Racing Integrity Commissioner makes a direction under subsection (4), the Victorian Racing Tribunal must advise, in writing, the appellant and the person or body that imposed the penalty, of—\n\nS. 50M substituted by No. 37/2018 s. 14.\n\n","sortOrder":141},{"sectionNumber":"50M","sectionType":"section","heading":"Appeals in respect of approvals for approved off‑course premises","content":"\t50M Appeals in respect of approvals for approved off‑course premises\n\n(1) A registered bookmaker may appeal to the Victorian Racing Tribunal against a decision of a controlling body—\n\n(a) to refuse to grant an approval under section 4C; or\n\n(b) under section 4D—\n\n(i) to cancel, or suspend for a period specified by a controlling body, an approval granted by a controlling body under section 4C; or\n\n(ii) to vary an approval granted by a controlling body under section 4C; or\n\n(iii) to not vary an approval granted by a controlling body under section 4C following a request made by the bookmaker for variation of the approval.\n\n(2) An appeal under subsection (1) must—\n\n(b) be lodged with the Victorian Racing Tribunal Registrar by 5.00 p.m. on the third day after the day the registered bookmaker receives notice of the decision under section 4C or 4D.\n\n(3) The Victorian Racing Tribunal Registrar must give the Chairperson a copy of an appeal made under subsection (2) as soon as reasonably practicable.\n\n(4) The Victorian Racing Tribunal must hear an appeal made by a registered bookmaker under this section.\n\n(5) As soon as reasonably practicable after the Chairperson receives a copy of an appeal under subsection (3), the Victorian Racing Tribunal must advise, in writing, the registered bookmaker and the controlling body of—\n\nS. 50N substituted by No. 37/2018 s. 14.\n\n","sortOrder":142},{"sectionNumber":"50N","sectionType":"section","heading":"The Victorian Racing Tribunal may grant an extension of time for leave to appeal","content":"\t50N The Victorian Racing Tribunal may grant an extension of time for leave to appeal\n\nThe Victorian Racing Tribunal may grant leave to a person to make an appeal under section 50K or 50M out of time if the Victorian Racing Tribunal—\n\n(a) is of the opinion that the person has provided a satisfactory explanation for the person's failure to make the appeal within the period specified in section 50K(2) or 50M(2); and\n\n(b) considers that it would be unjust to refuse leave to make an appeal out of time.\n\nS. 50O substituted by No. 37/2018 s. 14.\n\n","sortOrder":143},{"sectionNumber":"50O","sectionType":"section","heading":"Hearings of serious offences by the Victorian Racing Tribunal","content":"\t50O Hearings of serious offences by the Victorian Racing Tribunal\n\n(1) If a person has been charged with a serious offence, the Victorian Racing Tribunal must hear and determine the serious offence.\n\n(2) The person who, or the body that, has charged a person with a serious offence must provide the Victorian Racing Tribunal Registrar with the prescribed details of the charge not more than 2 days after the person charged has been given the prescribed details.\n\n(3) The Victorian Racing Tribunal Registrar must give the Chairperson a copy of the details under subsection (2) of the charge as soon as reasonably practicable.\n\n(4) As soon as reasonably practicable after the Chairperson receives a copy of the details of the charge under subsection (3), the Victorian Racing Tribunal must advise, in writing, the person charged with a serious offence and the person or body that charged the person of—\n\n(a) the date and time of the hearing of the serious offence; and\n\nDivision 3—Conduct of hearings of the Victorian Racing Tribunal\n\nS. 50P substituted by No. 37/2018 s. 14.\n\n","sortOrder":144},{"sectionNumber":"50P","sectionType":"section","heading":"Constitution of the Victorian Racing Tribunal to hear and determine matters","content":"\t50P Constitution of the Victorian Racing Tribunal to hear and determine matters\n\nDespite section 50D(1), for the purposes of hearing and determining a matter under Division 2, the Victorian Racing Tribunal may consist of—\n\n(a) in the case of a person charged with a serious offence without an early guilty plea—\n\n(i) the Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson; or\n\n(ii) a Deputy Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson; or\n\n(b) in the case of a person charged with an offence under the rules other than a serious offence or a person charged with a serious offence with an early guilty plea—\n\n(i) the Chairperson sitting alone; or\n\n(ii) a Deputy Chairperson sitting alone; or\n\n(iii) the Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson; or\n\n(iv) a Deputy Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson.\n\nS. 50Q substituted by No. 37/2018 s. 14.\n\n","sortOrder":145},{"sectionNumber":"50Q","sectionType":"section","heading":"Proceedings of the Victorian Racing Tribunal","content":"\t50Q Proceedings of the Victorian Racing Tribunal\n\n(1) Subject to this Part, the Victorian Racing Tribunal—\n\n(a) may, if the parties have been advised of the date, time and venue of the hearing, conduct the hearing—\n\n(i) in the presence of the parties or representatives of the parties; or\n\n(ii) in the presence of only some of the parties or representatives of the parties; or\n\n(iii) without any of the parties or representatives of the parties; and\n\n(b) may conduct a hearing on the case stated by the parties to the hearing; and\n\n(c) may conduct the re-hearing of a matter by affidavit, statutory declaration or oral evidence; and\n\n(d) is not required to conduct a hearing as a de novo hearing; and\n\n(e) may conduct a hearing in private if the Victorian Racing Tribunal considers that it is in the public interest or in the interests of justice to do so, but must otherwise hold its hearings in public; and\n\n(f) may review a decision that is the subject of an appeal in full including in circumstances where only part of the decision has been objected to, sought to be reviewed or appealed; and\n\n(g) may make interim orders; and\n\n(h) must act fairly and according to the substantial merits of the matter that is the subject of the hearing; and\n\n(i) is bound by the rules of natural justice; and\n\n(j) is not bound by the rules of evidence or any practices or procedures applicable to courts of record, except to the extent that it adopts those rules, practices or procedures; and\n\n(k) may inform itself on any matter as it sees fit; and\n\n(l) must conduct each hearing expeditiously and with as little formality and technicality as is reasonably possible; and\n\n(m) may otherwise regulate its own procedure for the hearing.\n\n(2) The Victorian Racing Tribunal may dismiss a matter without a hearing if the Victorian Racing Tribunal is satisfied that the matter is frivolous, vexatious, misconceived or lacking in substance.\n\n(3) A party to a hearing before the Victorian Racing Tribunal is entitled to be represented by an Australian lawyer or any other person.\n\nS. 50R substituted by No. 37/2018 s. 14.\n\n","sortOrder":146},{"sectionNumber":"50R","sectionType":"section","heading":"Experts may assist the Victorian Racing Tribunal","content":"\t50R Experts may assist the Victorian Racing Tribunal\n\n(1) The Secretary to the Department may, following consultation with the Chairperson, appoint a qualified expert or a panel of qualified experts to assist the Victorian Racing Tribunal.\n\n(2) An expert is appointed for a period specified in the expert's instrument of appointment.\n\n(3) The Victorian Racing Tribunal may conduct the hearing wholly or partially with the assistance of an expert.\n\n(4) The Victorian Racing Tribunal is not bound by the opinion or findings of an expert.\n\n(5) An expert is not a member of the Victorian Racing Tribunal and does not form part of the Victorian Racing Tribunal for the purposes of the Victorian Racing Tribunal's determination on a matter following a hearing.\n\n(6) An expert is entitled to be paid remuneration, allowances and expenses specified in the expert's instrument of appointment.\n\nS. 50S inserted by No. 37/2018 s. 14.\n\n","sortOrder":147},{"sectionNumber":"50S","sectionType":"section","heading":"Power to compel production of documents and other things or attendance of witnesses","content":"\t50S Power to compel production of documents and other things or attendance of witnesses\n\n(1) For the purposes of the Victorian Racing Tribunal conducting a hearing, the Victorian Racing Tribunal Registrar, as directed by the Victorian Racing Tribunal, may serve or caused to be served written notice on a person requiring the person to—\n\n(a) produce a specified document or other thing which is material to the subject matter of the hearing to the Victorian Racing Tribunal or a member of the Victorian Racing Tribunal conducting the hearing at a specified time and in the specified manner; or\n\n(b) attend the hearing of the Victorian Racing Tribunal at a specified time and place to produce a specified document or other thing; or\n\n(c) attend the hearing of the Victorian Racing Tribunal at a specified time and place, and from then on from day to day until excused, to give evidence; or\n\n(d) attend the hearing of the Victorian Racing Tribunal at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing.\n\n(2) A written notice under subsection (1) in relation to a hearing of the Victorian Racing Tribunal—\n\n(a) must contain the following information—\n\n(i) a statement outlining the consequences of failing to comply with the notice;\n\n(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;\n\n(iii) how the person may object to the notice; and\n\n(b) must be served in accordance with section 50T.\n\n(3) A person whose attendance has been required by a notice under subsection (1) is required to attend at the time and place to which the hearing is adjourned or postponed without the issue or service of any further notice.\n\nS. 50T inserted by No. 37/2018 s. 14.\n\n","sortOrder":148},{"sectionNumber":"50T","sectionType":"section","heading":"Service of notice under section 50S or 50U","content":"\t50T Service of notice under section 50S or 50U\n\n(1) Subject to subsection (2), a notice under section 50S or 50U, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice.\n\n(2) The Victorian Racing Tribunal Registrar may, as directed by the Victorian Racing Tribunal, serve a notice under section 50S requiring immediate attendance by a person if—\n\n(a) the Victorian Racing Tribunal considers on reasonable grounds that a delay in the person's attendance is likely to result in—\n\n(i) evidence being lost or destroyed; or\n\n(ii) the commission of an offence; or\n\n(iii) the escape of the person on whom the notice is served; or\n\n(iv) serious prejudice to the conduct of the hearing to which the notice relates; or\n\n(b) the person on whom the notice is served consents to immediate attendance.\n\n(3) A notice under section 50S or 50U directed to a natural person must be served by serving a copy of the notice on the person personally.\n\n(4) A notice under section 50S or 50U directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age.\n\n(5) Subsection (4) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.\n\nS. 50U inserted by No. 37/2018 s. 14.\n\n","sortOrder":149},{"sectionNumber":"50U","sectionType":"section","heading":"Variation or revocation of notice under section 50S","content":"\t50U Variation or revocation of notice under section 50S\n\n(1) A person on whom a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal has been served may make a claim to the Victorian Racing Tribunal—\n\n(a) that the person has or will have a reasonable excuse for failing to comply with the notice; or\n\n(b) in the case of a notice to produce, or a notice to attend and produce specified documents or things, that a document or other thing specified in the notice is not relevant to the subject matter of the hearing.\n\n(2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Victorian Racing Tribunal if the information—\n\n(a) is the subject of parliamentary privilege; or\n\n(b) is the subject of legal professional privilege; or\n\n(c) is the subject of public interest immunity; or\n\n(d) is prohibited from disclosure by a court order; or\n\n(e) is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to the Victorian Racing Tribunal; or\n\n(f) is prohibited from disclosure by a provision of another prescribed enactment.\n\n(3) If the Victorian Racing Tribunal is satisfied that the person's claim is made out, the Victorian Racing Tribunal, by further written notice served on the person, may vary or revoke the notice.\n\n(4) In addition to subsection (3), the Victorian Racing Tribunal, by further written notice served on a person may, at any time, vary or revoke a notice to produce or notice to attend served on the person.\n\n(5) A notice varying or revoking a notice to produce or notice to attend under subsection (3) or (4) must be served in accordance with section 50T.\n\nS. 50V inserted by No. 37/2018 s. 14.\n\n","sortOrder":150},{"sectionNumber":"50V","sectionType":"section","heading":"Failure to comply with notice to produce or attend","content":"\t50V Failure to comply with notice to produce or attend\n\n(1) If the Victorian Racing Tribunal is satisfied that a person has, without reasonable excuse, failed to comply with a notice to produce or notice to attend in relation to a hearing of the Victorian Racing Tribunal, the Victorian Racing Tribunal may apply to the Supreme Court for an order under this section.\n\n(2) On an application under subsection (1), the Supreme Court may order the person to comply with the notice or requirement within the period specified by the Court.\n\nS. 50W inserted by No. 37/2018 s. 14.\n\n","sortOrder":151},{"sectionNumber":"50W","sectionType":"section","heading":"Directions","content":"\t50W Directions\n\n(1) The Victorian Racing Tribunal may give directions at any time in a proceeding before the Victorian Racing Tribunal and do whatever is necessary for the expeditious and fair hearing and determination of a proceeding.\n\n(2) The Victorian Racing Tribunal may give directions in accordance with subsection (1) that require a person to produce a document or provide information despite the provision of another enactment that prohibits the disclosure of the document or information or imposes a duty of confidentiality on the person in relation to the document or information.\n\n(3) The power of the Victorian Racing Tribunal to give directions under subsection (1) may be exercised by any member of the Victorian Racing Tribunal.\n\nS. 50X inserted by No. 37/2018 s. 14.\n\n","sortOrder":152},{"sectionNumber":"50X","sectionType":"section","heading":"Dealing with questions of law in hearings of the Victorian Racing Tribunal","content":"\t50X Dealing with questions of law in hearings of the Victorian Racing Tribunal\n\n(1) A question of law arising in a hearing must be decided by the Chairperson or a Deputy Chairperson.\n\n(2) In this section, ***question of law*** includes a question of mixed law and fact.\n\nS. 50Y inserted by No. 37/2018 s. 14.\n\n","sortOrder":153},{"sectionNumber":"50Y","sectionType":"section","heading":"Evidence in hearings of the Victorian Racing Tribunal","content":"\t50Y Evidence in hearings of the Victorian Racing Tribunal\n\n(1) The Victorian Racing Tribunal must allow a party a reasonable opportunity—\n\n(a) to call or give evidence; and\n\n(b) to examine, cross-examine or re‑examine witnesses; and\n\n(c) to make submissions to the Victorian Racing Tribunal.\n\n(2) Despite subsection (1), the Victorian Racing Tribunal may refuse to allow a party to call evidence on a matter if the Victorian Racing Tribunal considers that there is already sufficient evidence in relation to the matter before the Victorian Racing Tribunal.\n\n(3) Evidence in a proceeding before the Victorian Racing Tribunal may be given—\n\n(a) orally or in writing; or\n\n(b) by telephone, closed circuit television or video link; or\n\n(c) by a steward or an investigator from the notes of evidence made by the steward or the investigator.\n\n(4) The Victorian Racing Tribunal may require a person, whether in accordance with a notice under section 50S or otherwise, to give evidence or answer questions on oath or affirmation.\n\n(5) The Victorian Racing Tribunal, a member of the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar may administer an oath or affirmation to a person for the purposes of subsection (4).\n\nS. 50Z inserted by No. 37/2018 s. 14.\n\n","sortOrder":154},{"sectionNumber":"50Z","sectionType":"section","heading":"Chairperson or Deputy Chairpersons may authorise a person to take evidence","content":"\t50Z Chairperson or Deputy Chairpersons may authorise a person to take evidence\n\n(1) The Chairperson or a Deputy Chairperson may authorise, in writing, a person (whether or not that person is a member of the Victorian Racing Tribunal) to take evidence on behalf of the Victorian Racing Tribunal for the purposes of any proceeding.\n\n(2) A person may take evidence on behalf of the Victorian Racing Tribunal under this section outside Victoria if this is authorised by the Chairperson or a Deputy Chairperson.\n\n(3) The Chairperson or a Deputy Chairperson may give directions as to the taking of evidence under this section.\n\n(4) If a person who is not a member of the Victorian Racing Tribunal is authorised to take evidence under this section, the person has all of the powers a member of the Victorian Racing Tribunal has in relation to the taking of evidence.\n\n(5) Evidence taken under this section—\n\n(a) is deemed to be evidence given to the Victorian Racing Tribunal; and\n\n(b) in the case of evidence taken outside Victoria, is deemed to have been given in Victoria.\n\nS. 50ZA inserted by No. 37/2018 s. 14.\n\n\t50ZA Retention of documents and exhibits\n\n(1) The Victorian Racing Tribunal may retain—\n\n(a) for a reasonable period and make copies of, or take extracts from, any document produced to the Victorian Racing Tribunal in the course of a hearing; or\n\n(b) for a reasonable period any exhibit or thing produced to the Victorian Racing Tribunal in the course of a hearing.\n\n(2) If—\n\n(a) the Victorian Racing Tribunal makes a copy of a document referred to in subsection (1)(a); and\n\n(b) a member of the Victorian Racing Tribunal certifies the copy to be a true copy of the original—\n\nthe certified copy is admissible in evidence before any court, tribunal or other person acting judicially as if it were the original.\n\nS. 50ZB inserted by No. 37/2018 s. 14.\n\n\t50ZB Protection of parties and members of Victorian Racing Tribunal\n\n(1) A member of the Victorian Racing Tribunal has, in respect of the performance of the member's functions as a member, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.\n\n(2) A person legally representing a party in a proceeding before the Victorian Racing Tribunal has the same protection and immunity as an Australian lawyer has in representing a party in a proceeding in the Supreme Court.\n\n(3) A party to a proceeding before the Victorian Racing Tribunal has the same protection and immunity as a party has in a proceeding in the Supreme Court.\n\n(4) A person who gives information or evidence, or produces a document to the Victorian Racing Tribunal has the same protection and immunity as a witness has in a proceeding in the Supreme Court.\n\n(5) A person taking evidence on behalf of the Victorian Racing Tribunal under section 50Z has, in the performance of the person's functions under that section, the same protection and immunity as a member of the Victorian Racing Tribunal.\n\n(6) An expert who assists the Victorian Racing Tribunal has, in the performance of the expert's functions, the same protection and immunity as a member of the Victorian Racing Tribunal.\n\nS. 50ZC inserted by No. 37/2018 s. 14.\n\n\t50ZC Service of documents by the Victorian Racing Tribunal\n\n(1) For the purposes of this Part, a document (other than a notice under section 50S or 50U) may be served on or given to—\n\n(a) a natural person—\n\n(i) by delivering it personally to the person; or\n\n(ii) by sending it to the person by post at the person's usual or last known residential or business address, by facsimile or by other electronic communication; or\n\n(iii) by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 18 years old and apparently residing or employed there; or\n\n(b) a body corporate—\n\n(i) by delivering it personally to the registered office of the body corporate; or\n\n(ii) by sending it by post, facsimile or other electronic communication to the registered office of the body corporate; or\n\n(iii) in any other way that service of documents may be effected on a body corporate; or\n\n(c) an incorporated association within the meaning of the **Associations Incorporation Reform Act 2012**, in accordance with section 217 of that Act; or\n\n(d) an unincorporated association—\n\n(i) by delivering it personally to the president, secretary or other similar officer of the association; or\n\n(ii) by sending it by post to the president, secretary or other similar officer of the association at that president's, secretary's or other officer's usual or last known residential or business address or by facsimile or other electronic communication; or\n\n(e) in any other case—\n\n(i) in a manner permitted by the rules; or\n\n(ii) in a manner directed by the Victorian Racing Tribunal.\n\n(2) Subsection (1)(b) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.\n\nS. 50ZD inserted by No. 37/2018 s. 14.\n\n\t50ZD When is service effected?\n\n(1) For the purposes of section 50ZC, a document is taken to have been served on, or given to, a natural person, body corporate, incorporated association or an unincorporated association—\n\n(a) in the case of a delivery in person—at the time the document is delivered; or\n\n(b) in the case of posting—2 business days after the day on which the document was posted; or\n\n(c) in the case of facsimile or other electronic communication—in accordance with the **Electronic Transactions (Victoria) Act 2000**.\n\n(2) If a facsimile or other electronic communication is received after 4.00 p.m. on any day, it is taken to have been received on the next business day.\n\n***business day*** means a day other than—\n\n(a) a Saturday or Sunday; or\n\n(b) a day appointed under the **Public Holidays Act 1993** as a public holiday in the place where the document is sent or delivered.\n\nDivision 4—Determinations of the Victorian Racing Tribunal\n\nS. 50ZE inserted by No. 37/2018 s. 14.\n\n\t50ZE Determinations of the Victorian Racing Tribunal\n\n(1) In the determination of any matter before the Victorian Racing Tribunal, the Victorian Racing Tribunal may—\n\n(a) decide all questions of fact; and\n\n(b) make any decision or order that the Victorian Racing Tribunal considers is required in the interests of justice, including the imposition of any penalty under the rules.\n\n(2) In determining an appeal under section 50K, 50L or 50M, the Victorian Racing Tribunal may—\n\n(a) affirm, set aside or vary the decision that is the subject of the appeal; or\n\n(b) quash, set aside, mitigate, reduce, vary or increase the penalty imposed on the appellant under the rules; or\n\n(c) refer the matter back for reconsideration by the person who, or body that, made the decision that is the subject of the appeal.\n\nS. 50ZF inserted by No. 37/2018 s. 14.\n\n\t50ZF Victorian Racing Tribunal to provide written statement of reasons for determinations on request\n\n(1) After the Victorian Racing Tribunal has made a determination under section 50ZE, a party to a proceeding may request that the Victorian Racing Tribunal provide a written statement of reasons for its determination.\n\n(2) A request under subsection (1) must be made within 28 days after the date of the Victorian Racing Tribunal's determination.\n\n(3) After receiving a request made under subsection (1), the Victorian Racing Tribunal must provide a written statement of reasons within 28 days of the request.\n\n(4) A written statement of reasons must set out—\n\n(a) the reasons for the Victorian Racing Tribunal's determination; and\n\n(b) the Victorian Racing Tribunal's findings on material questions of fact that led to the determination, referring to the evidence or other material on which those findings were based.\n\n(5) A written statement of reasons must form part of the record of the proceeding in respect of which the determination was made.\n\nDivision 5—Offences\n\nS. 50ZG inserted by No. 37/2018 s. 14.\n\n\t50ZG Offence to fail to comply with a notice to produce or attend\n\nA person who is duly served with a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal must not, without reasonable excuse, fail to comply with the notice.\n\nS. 50ZH inserted by No. 37/2018 s. 14.\n\n\t50ZH Offence to fail to take oath, make affirmation or answer question\n\nA person who is duly served with a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal must not, without reasonable excuse—\n\n(a) refuse or fail to take an oath or make an affirmation when required to do so; or\n\n(b) refuse or fail to answer a question that the person is required to answer by the Victorian Racing Tribunal.\n\nS. 50ZI inserted by No. 37/2018 s. 14.\n\n\t50ZI Offence to make false or misleading statements or produce false or misleading documents or other things\n\n(1) A person must not make a statement to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar that the person knows to be false or misleading in a material particular.\n\n(2) A person must not produce a document or other thing to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar that the person knows to be false or misleading in a material particular unless the person—\n\n(a) indicates to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar the respect in which it is false or misleading; and\n\n(b) to the extent practicable, provides the correct information.\n\nS. 50ZJ inserted by No. 37/2018 s. 14.\n\n\t50ZJ Privilege against self-incrimination does not apply\n\n(1) It is not a reasonable excuse for a person to refuse or fail to comply with a requirement under this Act to give information (including answering a question) or to produce a document to the Victorian Racing Tribunal on the ground that the information or document might tend to incriminate the person or make the person liable to a penalty.\n\n(2) If a person claims, before giving information or producing a document to the Victorian Racing Tribunal, that the information or document might tend to incriminate the person, the information or document is not admissible in evidence in any criminal proceeding, other than in a proceeding in respect of section 50ZI in relation to the falsity of the information given.\n\nS. 50ZK inserted by No. 37/2018 s. 14.\n\n\t50ZK Contempt of the Victorian Racing Tribunal\n\n(1) A person must not—\n\n(a) insult, threaten or intimidate a member of the Victorian Racing Tribunal in the performance of functions or the exercise of powers as a member at a hearing before the Victorian Racing Tribunal; or\n\n(b) repeatedly interrupt a hearing before the Victorian Racing Tribunal; or\n\n(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Victorian Racing Tribunal is conducting a hearing; or\n\n(d) do any other act that would, if the Victorian Racing Tribunal were the Supreme Court, constitute contempt of that Court.\n\nPenalty: 240 penalty units or imprisonment for 2 years or both.\n\n(2) Despite subsection (1), the Chairperson or a Deputy Chairperson may—\n\n(a) accept an apology for a contempt; and\n\n(b) remit any punishment for it either wholly or in part.\n\nS. 50ZL inserted by No. 37/2018 s. 14, repealed by No. 2/2022 s. 17.\n\nPt 3  \n(Heading) amended by No. 8209 s. 21(1)(a)(ii).\n\nPart III—Greyhound racing\n\nNo. 6070 s. 51.\n\nS. 51 amended by No. 45/2004 s. 8(2) (ILA s. 39B(1)).\n\n","sortOrder":155},{"sectionNumber":"51","sectionType":"section","heading":"Definitions","content":"\t51 Definitions\n\nS. 51(1) def. of *appointed day*  \nrepealed by No. 37/1994 s. 188(a).\n\nS. 51(1) def. of *Board* amended by Nos 8209 s. 21(1)(a)(ii), 16/2001 s. 28(Sch. item 12), 2/2022 s. 18.\n\n***Board*** means Greyhound Racing Victoria;\n\nS. 51(1) def. of *breeding greyhound* inserted by No. 83/1995 s. 4.\n\n***breeding greyhound*** means a female greyhound kept or used for breeding;\n\nS. 51(1) def. of *greyhound races* amended by Nos 7621 s. 13(3)(a)(b), 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 188(a).\n\nS. 51(1) def. of *greyhound racing club* or *club* amended by No. 8209 s. 21(1)(a)(ii).\n\n***greyhound racing club*** or ***club*** means any person or body corporate or unincorporate who or which conducts greyhound races;\n\nS. 51(1) def. of *greyhound racing industry participant* inserted by No. 45/2004 s. 8, amended by Nos 73/2008 s. 7, 37/2018 s. 26(1).\n\n***greyhound racing industry participant*** means—\n\n(a) a greyhound racing club;\n\n(b) an association or body (whether incorporated or unincorporated)—\n\n(i) the members of which are owners, breeders or trainers of greyhounds which compete in greyhound races, or registered bookmakers; and\n\n(ii) which represents and promotes the interests of those members;\n\n(c) an association or body involved in greyhound racing declared to be a greyhound racing industry participant under subsection (2);\n\n(d) a person who is involved in the keeping, racing, breeding, whelping, rearing, training or pre-training of a greyhound registered in accordance with section 73A(c);\n\nS. 51(1) def. of *greyhound trial track* inserted by No. 8603 s. 4.\n\n***greyhound trial track*** means any land that is held out by any person or body of persons having the management or control thereof whether as owner lessee occupier or otherwise for use for trials or other training of greyhounds other than greyhounds owned by or leased to that person or body of persons and not being a ground in respect of which a licence to hold greyhound races is required by this Part;\n\nS. 51(1) def. of *ground* amended by No. 8209 s. 21(1)(a)(ii).\n\n***ground*** means any Crown land or reserve or any land or reserve vested in or managed by any trustees or body or bodies or any land whatsoever to which persons are admitted either at all times or only at certain times whether on payment of an entrance fee or charge or otherwise for the purpose of taking part in or of witnessing any greyhound races;\n\nS. 51(1) def. of *metropolis* amended by S.R. Nos 166/1974 reg. 2, 50/2015 s. 3(6).\n\n***metropolis*** means the area within a radius of 32 kilometres from the north-east corner of Bourke and Elizabeth Streets, Melbourne;\n\nS. 51(1) def. of *occupier* amended by No. 8209 s. 21(1)(a)(ii).\n\n***occupier*** means any person or persons or a majority of the persons whether incorporated or not having or who will have for the time being the right to control or regulate the admission of persons to any ground during the carrying on or conduct of any greyhound races or intended greyhound races; and in reference to a ground vested in or under or intended to be under the care control or management of trustees of a managing committee or other body of managers under any designation whatsoever means a majority of such trustees committee or body (as the case may be);\n\nS. 51(1) def. of *prize money* inserted by No. 37/2018 s. 26(2).\n\n***prize money*** has the same meaning as it has in the rules;\n\nS. 51(1) def. of *promoter* amended by No. 8209 s. 21(1)(a)(ii).\n\n***promoter*** means any person or persons or a majority of the persons, whether incorporated or not, having for the time being the control direction or management of any greyhound races or intended greyhound races and occupying or having authority to occupy any ground where such greyhound races are intended to be held;\n\nS. 51(1) def. of *regulations* repealed by No. 37/1994 s. 188(a).\n\n***rules*** means rules made by the Board pursuant to this Part;\n\nS. 51(1) def. of *stud greyhound* inserted by No. 83/1995 s. 4.\n\n***stud greyhound*** means a male greyhound kept or used for breeding;\n\nS. 51(1) def. of *syndicate* inserted by No. 83/1995 s. 4.\n\n***syndicate*** means two or more persons who jointly own or lease a greyhound.\n\nS. 51(2) inserted by No. 45/2004 s. 8(2).\n\n(2) For the purposes of paragraph (c) of the definition of ***greyhound racing industry participant***, the Minister may, in writing, declare an association or body (whether incorporated or unincorporated)—\n\n(a) the members of which are persons or bodies involved in greyhound racing; and\n\n(b) that is not an association or body referred to in paragraph (a) or (b) of the definition of ***greyhound racing industry participant***—\n\nto be a greyhound racing industry participant.\n\nPt 3 Div. 1 (Heading) amended by No. 8209 s. 21(1)(a)(ii).\n\nDivision 1—Restrictions on, and licences for, greyhound racing\n\nS. 52 repealed.[[8]](#endnote-9)\n\nS. 52A inserted by No. 7621 s. 3, amended by Nos 8344  \ns. 26(3)(v), 9201 s. 19, 9671 s. 4, 37/1994  \ns. 188(c), substituted by No. 73/1996  \ns. 83.\n\n","sortOrder":156},{"sectionNumber":"52A","sectionType":"section","heading":"Plumpton coursing with mechanical quarry","content":"\t52A Plumpton coursing with mechanical quarry\n\nS. 52A(1) amended by No. 16/2001 s. 28(Sch. item 13).\n\n(1) Despite anything to the contrary in this Division, a club may apply to the Minister for the issue of a permit authorising the club to hold plumpton coursing matches conducted by the use of a mechanical quarry, being matches approved in accordance with the rules of Greyhound Racing Victoria.\n\nS. 52A(2) amended by No. 16/2001 s. 28(Sch. item 13).\n\n(2) The Minister may, after consultation with Greyhound Racing Victoria, issue such a permit, subject to any conditions that the Minister thinks fit.\n\nS. 52A(4)(b) amended by No. 16/2001 s. 28(Sch. item 13).\n\n(b) must cancel a permit issued to a club if Greyhound Racing Victoria notifies the Minister in writing that the club has no plumpton coursing matches approved in accordance with its rules.\n\nS. 52A(6) amended by No. 16/2001 s. 28(Sch. item 13).\n\n(6) Plumpton coursing matches authorised by a permit under this section must be conducted under the rules of Greyhound Racing Victoria.\n\nS. 52A(7) amended by No. 114/2003 s. 12.1.3(Sch. 6 item 10.6).\n\n(7) Plumpton coursing matches so permitted and conducted by the use of a mechanical quarry are deemed to be sports within the meaning of section 84.\n\nS. 52B inserted by No. 9671 s. 5, amended by Nos 32/1991  \ns. 5(a)(b), 37/1994  \ns. 188(d), substituted by No. 73/1996  \ns. 84.\n\n","sortOrder":157},{"sectionNumber":"52B","sectionType":"section","heading":"Greyhound racing permits","content":"\t52B Greyhound racing permits\n\nS. 52B(1) amended by Nos 16/2001 s. 28(Sch. item 14), 50/2015 s. 3(7).\n\n(1) Despite anything to the contrary in this Division, a club may apply to the Minister for the issue of a permit authorising the club to hold greyhound races approved in accordance with the rules of Greyhound Racing Victoria on a specified ground 32 kilometres or more from the north-east corner of Bourke and Elizabeth Streets, Melbourne.\n\nS. 52B(2) amended by No. 16/2001 s. 28(Sch. item 14).\n\n(2) The Minister may, after consultation with Greyhound Racing Victoria, issue such a permit, subject to any conditions that the Minister thinks fit.\n\nS. 52B(4)(b) amended by No. 16/2001 s. 28(Sch. item 14).\n\n(b) must cancel a permit issued to a club if Greyhound Racing Victoria notifies the Minister in writing that the club has no greyhound races approved in accordance with its rules.\n\nS. 52B(6) amended by No. 16/2001 s. 28(Sch. item 14).\n\n(6) Greyhound races authorised by a permit under this section must be conducted under the rules of Greyhound Racing Victoria.\n\nSs 53–54A repealed.[[9]](#endnote-10)\n\nNo. 6070 s. 55.\n\nS. 55 amended by Nos 8209 s. 21(1)(a)(ii), 125/1986 s. 13(e),  \nsubstituted by 17/2016 s. 4.\n\n","sortOrder":158},{"sectionNumber":"55","sectionType":"section","heading":"Offences relating to greyhound races that involve the use of an animal as a lure","content":"\t55 Offences relating to greyhound races that involve the use of an animal as a lure\n\n(1) A person must not act as one of the following in respect of a greyhound race that involves the use of an animal as a lure for pursuit by a greyhound—\n\n(a) a steward;\n\n(b) a starter;\n\n(c) a lure driver;\n\n(d) a judge.\n\nPenalty: 100 penalty units.\n\n(2) If a greyhound race involves the use of an animal as a lure for pursuit by a greyhound, the occupier of the ground on which that race is held is guilty of an offence and liable to a penalty not exceeding 100 penalty units.\n\n(3) If a greyhound race involves the use of an animal as a lure for pursuit by a greyhound, the promoter of that race is guilty of an offence and liable to a penalty not exceeding 100 penalty units.\n\nIt is an offence to use an animal as a lure in connection with the training or racing of any coursing dog—see section 13 of the **Prevention of Cruelty to Animals Act 1986**.\n\nSs 56–59 repealed.[[10]](#endnote-11)\n\nS. 59A inserted by No. 8080 s. 4, amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(z), 9146 s. 8, 37/1994 s. 188(h), repealed by No. 97/1998 s. 16.\n\nSs 60–63 repealed.[[11]](#endnote-12)\n\nS. 63A (Heading) inserted by No. 96/2003 s. 17(5).\n\nS. 63A inserted by No. 6607 s. 3(b), amended by No. 8209 s. 21(1)(a)(ii), S.R. No. 166/1974 reg. 2,  \nNo. 32/1991 s. 6(2).\n\n","sortOrder":159},{"sectionNumber":"63A","sectionType":"section","heading":"Greyhound races on ANZAC Day","content":"\t63A Greyhound races on ANZAC Day\n\nS. 63A(1) amended by Nos 16/2001 s. 28(Sch. item 15), 96/2003 s. 17(6), 50/2015 s. 3(8).\n\n(1) No greyhound races shall be held on ANZAC Day in any year except on one ground within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne, to be nominated by Greyhound Racing Victoria and on such grounds not being within 32 kilometres of that corner and not exceeding eight in number as Greyhound Racing Victoria nominates.\n\nS. 63A(2) amended by S.R. No. 166/1974 reg. 2, substituted by No. 32/1991 s. 6(3), amended by No. 96/2003 s. 17(6).\n\n(2) No race at any greyhound races held on ANZAC Day is to commence before 1 p.m.\n\nS. 63A(3) amended by Nos 8344 s. 26(3)(cc), 96/2003 s. 17(6).\n\n(3) The promoter of any greyhound races held on ANZAC Day shall within two months after the holding of such greyhound races—\n\n(a) supply to the Minister a detailed statement correctly setting out all receipts and expenditure in connexion with such greyhound races and verified by statutory declaration made by such promoter or if such promoter is a body corporate or a body unincorporate by the chairman and secretary thereof or in the latter case by the chairman or president and the secretary or treasurer thereof; and\n\nS. 63A(3)(b) amended by S.R. No. 166/1974 reg. 2,  \nNos 49/1987 s. 24(1)(a), 37/1994 s. 188(j), 96/2003 s. 17(6), 50/2015 s. 3(9).\n\n(b) pay the whole of the net profit from such greyhound races into the ANZAC Day Proceeds Fund established under the **ANZAC Day Act 1958**: Provided that where any such greyhound races are held on a ground not within 32 kilometres of the north‑east corner of Bourke and Elizabeth Streets, Melbourne, the Minister may before the greyhound races are held authorize the payment of the net profit therefrom to any institution or organization in the district in which the greyhound races are held if he is satisfied, after consultation with the president for the time being of the Victorian branch of the Returned Services League of Australia, that such institution or organization is one whose objects would permit it to be recommended to share in the distribution of the said Fund under subsection (3) of section four A of the said Act.\n\nS. 63A(4) substituted by No. 32/1991 s. 6(4), repealed by No. 37/1994 s. 188(k).\n\nS. 63A(5) inserted by No. 17/1992 s. 6(7), repealed by No. 37/1994 s. 188(k).\n\nHeading preceding s. 64  \nrepealed by No. 37/1994 s. 188(l).\n\nNo. 6070 s. 64.\n\nS. 64 amended by No. 8209 s. 21(1)(a)(ii).\n\n","sortOrder":160},{"sectionNumber":"64","sectionType":"section","heading":"Penalties for holding greyhound races in contravention of this Division etc.","content":"\t64 Penalties for holding greyhound races in contravention of this Division etc.\n\nS. 64(1) amended by No. 125/1986 s. 13(f).\n\n(1) If any greyhound race is held on any ground in contravention of this Division (whether such greyhound race is held by the holder of a licence or not) then the promoter of such greyhound race and the occupier of the ground on which such greyhound race is held and every person acting as steward starter or judge in respect of such greyhound race shall be guilty of an offence against this Division and shall be liable to a penalty of not less than 5 penalty units and not more than 50 penalty units:\n\nProvided that no person acting as steward starter or judge in respect of any greyhound race held by the holder of a licence on the ground to which such licence relates shall be guilty of an offence against this section unless it is proved that he knew that such greyhound race was being held in contravention of this Division.\n\nS. 64(2) repealed by No. 37/1994 s. 188(m).\n\nS. 64(3) inserted by No. 6607 s. 3(c), amended by Nos 125/1986 s. 13(g), 96/2003 s. 17(7).\n\n(3) If any promoter of greyhound races held on ANZAC Day in any year fails to comply with any provision of subsection (3) of section sixty‑three A of this Act he shall be guilty of an offence against this Division and liable to a penalty of not more than 10 penalty units.\n\nNo. 6070 s. 65.\n\n","sortOrder":161},{"sectionNumber":"65","sectionType":"section","heading":"Returns to be lodged by promoters of greyhound races","content":"\t65 Returns to be lodged by promoters of greyhound races\n\nS. 65(1) amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(dd).\n\n(1) Every promoter of greyhound races on any ground shall within the prescribed periods lodge with the Minister such returns with respect to such greyhound races as are prescribed.\n\nS. 65(2) amended by No. 125/1986 s. 13(h).\n\n(2) If any such promoter fails to lodge any such return within the period prescribed therefor he shall be guilty of an offence against this Division and liable to a penalty of not more than 4 penalty units.\n\nNo. 6070 s. 66.\n\n","sortOrder":162},{"sectionNumber":"66","sectionType":"section","heading":"Provision in case of offence by body corporate","content":"\t66 Provision in case of offence by body corporate\n\n(1) Where any body corporate is guilty of an offence against this Division then without affecting the liability of such body corporate for such offence every chairman director manager and officer of such body corporate who directs authorizes or knowingly suffers the commission of such offence by the body corporate shall be severally liable to the penalty therefor.\n\nS. 66(2) amended by Nos 8181 s. 2(1)(Sch. item 159), 8209 s. 21(1)(a)(ii).\n\n(2) Where the holder of a licence or the promoter of any greyhound races is a body unincorporate, then, in the event of any contravention or failure to comply with any provision of this Division in relation to such licence or such greyhound races, every member of the governing body (by whatever name called) manager and officer of such body unincorporate who directs authorizes or knowingly suffers such contravention or failure shall be severally liable to the penalty for such contravention or failure.\n\nS. 67 repealed.[[12]](#endnote-13)\n\nS. 68 amended by Nos 6607 s. 3(d), 6886 s. 3, 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(ee), 37/1994 s. 188(o), repealed by No. 2/2022 s. 19.\n\nPt 3 Div. 2 (Heading) amended by Nos 8209 s. 21(1)(a)(ii), 16/2001 s. 28(Sch. item 16).\n\nDivision 2—Greyhound Racing Victoria\n\nS. 69 (Heading) inserted by No. 2/2022 s. 20.\n\nNo. 6070 s. 69.\n\n","sortOrder":163},{"sectionNumber":"69","sectionType":"section","heading":"Greyhound Racing Victoria","content":"\t69 Greyhound Racing Victoria\n\nS. 69(1) amended by No. 8209 s. 21(1)(a)(ii), substituted by No. 16/2001 s. 14.\n\n(1) There shall be a Board in the name of Greyhound Racing Victoria, constituted as provided in this Act.\n\nS. 69(1A) inserted by No. 28/1986 s. 7(1).\n\n(1A) The Board is a body corporate and has perpetual succession and a common seal, and is capable in law of suing and being sued and, subject to and for the purposes of this Act, of purchasing, leasing or otherwise dealing with any real or personal property and of doing and suffering anything else that bodies corporate may by law do or suffer.\n\nS. 69(2) amended by Nos 6954 s. 2(a)(i)–(vi), 7828 s. 5, 8209 ss 8(a)(b), 21(1)(a)(ii), 9146 s. 10, substituted by No. 9671 s. 8, amended by No. 41/1989 s. 4(1)(a)(b), substituted by No. 11/1997  \ns. 4, amended by No. 17/2016 s. 5(1), substituted by No. 37/2018 s. 27.\n\n(2) The Board consists of at least 5 but not more than 7 members of whom—\n\n(a) one member is to be the chairperson of the Board; and\n\n(b) at least one member must have experience or expertise in animal welfare or ethics.\n\nS. 69(3) substituted by No. 6954 s. 2(b), repealed by No. 9671 s. 8, new s. 69(3) inserted by No. 49/1987 s. 24(1)(e), substituted by No. 11/1997  \n\n(3) The members of the Board shall be appointed by the Governor in Council on the recommendation of the Minister.\n\nS. 69(3A) inserted by No. 17/2016 s. 5(2).\n\n(3A) The Minister may make a recommendation referred to in subsection (3) if, in the Minister's opinion, the person has the necessary skills, experience and knowledge to assist the Board to carry out its functions.\n\nS. 69(4) repealed by No. 6954 s. 2(c),  \nnew s. 69(4) inserted by No. 49/1987 s. 24(1)(e), substituted by No. 11/1997  \n\n(4) The Minister may appoint a member other than the chairperson to be deputy chairperson of the Board.\n\nS. 69(5) inserted by No. 11/1997  \n\n(5) If the chairperson is unable to perform the duties of the office or the office of chairperson is vacant, the deputy chairperson may act in the place of the chairperson.\n\nS. 69(6) inserted by No. 11/1997  \n\n(6) The deputy chairperson while acting in the place of the chairperson has all the powers and may perform all the duties of the chairperson.\n\nS. 69(7) inserted by No. 11/1997  \n\n(7) A member of the Board (other than the executive director) holding office immediately before the commencement of section 4 of the **Racing (Amendment) Act 1997** continues to hold office after that commencement on the same terms and conditions for the remainder of the term specified in his or her instrument of appointment.\n\nS. 69(8) inserted by No. 11/1997  \n\n(8) A person holding office as executive director of the Board immediately before the commencement of section 4 of the **Racing (Amendment) Act 1997** goes out of office on that commencement.\n\nNo. 6070 s. 70.\n\n","sortOrder":164},{"sectionNumber":"70","sectionType":"section","heading":"Term of office","content":"\t70 Term of office\n\nS. 70(1) amended by No. 49/1993 s. 7(1), substituted by No. 11/1997  \ns. 5.\n\n(1) Subject to this Division, a member of the Board holds office for the term, not exceeding 3 years, that is specified in the member's instrument of appointment but is eligible for re-appointment.\n\nS. 70(1A) inserted by No. 49/1993 s. 7(2), repealed by No. 11/1997  \ns. 5.\n\n(2) The Governor in Council may at any time determine the appointment of any member of the Board.  \n\nNo. 6070 s. 71.\n\n","sortOrder":165},{"sectionNumber":"71","sectionType":"section","heading":"Vacancies","content":"\t71 Vacancies\n\n(1) The office of any member of the Board shall become vacant—\n\n(a) at the expiration of his term of office;\n\n(b) if he dies;\n\n(c) if he is incapable of continuing a member;\n\nS. 71(1)(d) amended by No. 7621 s. 12(8).\n\n(d) if he resigns in writing under his hand addressed to the Minister;\n\nS. 71(1)(e) amended by No. 9201 s. 12(a).\n\n(e) if without leave granted by the Minister he fails to attend three successive meetings of the Board;\n\nS. 71(1)(ea) inserted by No. 9201 s. 12(b).\n\n(ea) if he accepts or holds any place of profit under the Board;\n\nS. 71(1)(eb) inserted by No. 9201 s. 12(b).\n\n(eb) if he fails to comply with the provisions of section 75A(1); or\n\n(f) if his appointment is terminated by the Governor in Council.\n\n(2) If the office of a member of the Board becomes vacant otherwise than by the retirement of such member at the expiration of his term of office a qualified person shall in accordance with this Division be appointed to fill the extraordinary vacancy.\n\nS. 71(3) substituted by No. 97/1998 s. 17.\n\n(3) Any person appointed to fill an extraordinary vacancy holds office for the period, not exceeding 3 years, which is specified in the instrument of his or her appointment.\n\nS. 71A inserted by No. 17/2016 s. 6.\n\n","sortOrder":166},{"sectionNumber":"71A","sectionType":"section","heading":"Appointment of administrator","content":"\t71A Appointment of administrator\n\n(1) On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may appoint an administrator to manage the greyhound racing industry for the period of the administration.\n\n(2) The Minister may make a recommendation referred to in subsection (1) if, in the Minister's opinion—\n\n(a) the Board has failed to efficiently or competently manage the greyhound racing industry; or\n\n(b) the appointment of an administrator is otherwise in the public interest.\n\n(3) On the appointment of an administrator—\n\n(a) the members of the Board cease to hold office; and\n\n(b) subject to the order, the administrator has all the functions and may exercise all the powers of the Board.\n\n(4) An administrator appointed under this section—\n\n(a) is appointed for the period and subject to the terms and conditions specified in the order; and\n\n(b) is entitled to be paid any remuneration, travelling and other allowances that the Minister determines.\n\n(5) An administrator ceases to hold office—\n\n(a) on the appointment of members to the Board in accordance with section 69; or\n\n(b) on the appointment of another administrator in accordance with this section.\n\nSee also section 41 of the **Interpretation of Legislation Act 1984**.\n\nNo. 6070 s. 72.\n\n","sortOrder":167},{"sectionNumber":"72","sectionType":"section","heading":"Who to preside","content":"\t72 Who to preside\n\nS. 72(1) amended by Nos 41/1989 s. 4(2), 11/1997 s. 7(1).\n\n(1) The chairperson shall preside at all meetings of the Board and in his absence the deputy chairperson shall preside.\n\nS. 72(2) amended by Nos 8209 s. 9, 41/1989 s. 4(3).\n\n(2) A quorum of the Board shall consist of three members.\n\n(3) During any vacancy in the office of member the continuing members may, subject to there being a quorum, act as if no vacancy had occurred.\n\nS. 72(4) amended by No. 11/1997  \ns. 7(2).\n\n(4) In the case of an equality of votes at any meeting of the Board the person presiding at the meeting shall have a second or casting vote.\n\n(5) Subject to this Division the Board may regulate its own proceedings.\n\nNo. 6070 s. 73.\n\nS. 73 amended by No. 7621 s. 12(8), substituted by Nos 10014 s. 5(1), 41/1989 s. 5.\n\n","sortOrder":168},{"sectionNumber":"73","sectionType":"section","heading":"Chief executive officer and other officers of Board","content":"\t73 Chief executive officer and other officers of Board\n\nS. 73(1) substituted by No. 11/1997  \n\n(1) The Board shall appoint, with the approval of the Minister, a fit and proper person to be the chief executive officer of the Board.\n\nS. 73(2) substituted by No. 11/1997  \n\n(2) The chief executive officer is entitled to be paid—\n\n(a) the remuneration determined by the Board; and\n\n(b) travelling and other allowances (if any) determined by the Board, with the approval of the Minister.\n\nS. 73(3) substituted by Nos 73/1996 s. 90(2), 11/1997  \n\n(3) The chief executive officer is appointed subject to any other terms and conditions determined by the Board.\n\nS. 73(3A) inserted by No. 11/1997  \n\n(3A) The chief executive officer—\n\n(a) has control of the day to day administration of the affairs of the Board and must administer those affairs in accordance with the policies of, and directions given by, the Board; and\n\n(b) may exercise other powers and must perform other duties that are conferred or imposed on the chief executive officer by or under this Act or by the Board.\n\nS. 73(3B) inserted by No. 11/1997  \n\n(3B) The Board may, with the approval of the Minister, revoke the appointment of the chief executive officer at any time.\n\n(4) The Board shall appoint such other officers as are required.\n\nS. 73A inserted by No. 37/2018 s. 28.\n\n","sortOrder":169},{"sectionNumber":"73A","sectionType":"section","heading":"Board may delegate functions to the chief executive officer","content":"\t73A Board may delegate functions to the chief executive officer\n\nThe Board may delegate the following functions to the chief executive officer of the Board—\n\n(a) the employment of staff;\n\n(b) the establishment of proper procedures to consult with greyhound racing industry participants and facilitate consultation amongst greyhound racing industry participants in accordance with section 75B;\n\n(c) to register greyhounds for greyhound racing and breeding;\n\n(d) to licence any greyhound racing industry participant in accordance with any policies developed by the Board or any conditions specified by the Board;\n\n(e) to register any greyhound racing industry participant in accordance with any policies developed by the Board or any conditions specified by the Board.\n\nNo. 6070 s. 74.\n\nS. 74 amended by No. 83/1995 s. 11(3).\n\n","sortOrder":170},{"sectionNumber":"74","sectionType":"section","heading":"Travelling expenses and fees","content":"\t74 Travelling expenses and fees\n\nEach member of the Board shall be severally entitled to receive such fees and travelling and other allowances as are fixed by the Governor in Council in respect of that member.\n\nNo. 6070 s. 75.\n\n","sortOrder":171},{"sectionNumber":"75","sectionType":"section","heading":"Functions of Board","content":"\t75 Functions of Board\n\nThe functions of the Board are subject to this Part—\n\nS. 75(a) amended by No. 8209 s. 21(1)(a)(ii).\n\n(a) to control the sport of greyhound racing;\n\nS. 75(aa) inserted by No. 9671 s. 9.\n\n(aa) to carry out research into aspects of greyhound racing to assist in planning future development;\n\nS. 75(ab) inserted by No. 9671 s. 9.\n\n(ab) to promote the sport of greyhound racing;\n\nS. 75(aba) inserted by No. 17/2016 s. 7.\n\n(aba) to promote and improve animal welfare within the sport of greyhound racing;\n\nS. 75(abb) inserted by No. 17/2016 s. 7.\n\n(abb) to promote, and monitor compliance with, the rules;\n\nS. 75(ac) inserted by No. 37/1994 s. 188(p).\n\n(ac) to conduct greyhound races;\n\nS. 75(aca) inserted by No. 37/2018 s. 29.\n\n(aca) to licence any greyhound racing industry participant;\n\nS. 75(acb) inserted by No. 37/2018 s. 29.\n\n(acb) to register any greyhound racing industry participant;\n\nS. 75(acc) inserted by No. 37/2018 s. 29.\n\n(acc) to develop policies in relation to licensing and registration of a greyhound racing industry participant;\n\nS. 75(acd) inserted by No. 37/2018 s. 29.\n\n(acd) to specify conditions on a greyhound racing industry participant's registration or licence;\n\nS. 75(ace) inserted by No. 37/2018 s. 29.\n\n(ace) to cancel or suspend the licence or registration of a greyhound racing industry participant;\n\nS. 75(acf) inserted by No. 37/2018 s. 29.\n\n(acf) to cancel or suspend the registration of a greyhound;\n\nS. 75(acg) inserted by No. 37/2018 s. 29.\n\n(acg) to impose or vary a condition of a greyhound racing industry participant's registration or licence;\n\nS. 75(ach) inserted by No. 37/2018 s. 29.\n\n(ach) to withhold prize money from  a greyhound racing industry participant;\n\nS. 75(ad) inserted by No. 83/1995 s. 5, substituted by No. 16/2001 s. 15.\n\n(ad) to register greyhounds for greyhound racing or for stud or other purposes and to regulate the breeding, kennelling and verification of lineage of greyhounds for greyhound racing or for stud or other purposes;\n\nS. 75(ae) inserted by No. 45/2004 s. 9.\n\n(ae) to consult with greyhound racing industry participants and facilitate consultation amongst greyhound racing industry participants;\n\n(b) to exercise such powers functions and duties as are conferred on the Board by or under this or any other Act.\n\nS. 75A inserted by No. 9201 s. 13.\n\n","sortOrder":172},{"sectionNumber":"75A","sectionType":"section","heading":"Disclosure of pecuniary interest","content":"\t75A Disclosure of pecuniary interest\n\n(1) If a member of the Board knowingly has any direct or indirect pecuniary interest in any contract or proposed contract with the Board or in any other matter in which the Board is concerned, and is present at any meeting of the Board at which the contract, proposed contract or other matter is being considered, he shall at the meeting, as soon as practicable after the commencement thereof, disclose his interest and he shall not remain in the room in which such meeting is being held during any consideration or discussion of or the taking of any vote on any question with respect to the contract, proposed contract, or other matter.\n\n(2) For the purposes of this section a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter, if—\n\n(a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct or indirect pecuniary interest in the other matter under consideration; or\n\n(b) he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct or indirect pecuniary interest in the other matter under consideration.\n\nS. 75A(3) amended by No. 72/2001 s. 3(Sch. item 11.6).\n\n(3) For the purposes of this section a member of the Board who enters a greyhound of which the member or the member's spouse or domestic partner is the owner part-owner or trainer in a greyhound race at meetings conducted by the Board shall not thereby be treated as having a direct or indirect interest in any contract or proposed contract or other matter with or concerning the Board.\n\nS. 75A(3A) inserted by No. 27/1988 s. 4(2).\n\n(3A) For the purposes of this section, a member of the Board who holds office in or is a member or employee of a greyhound racing club shall not thereby be treated as having a direct or indirect interest in a contract or proposed contract or other matter with or concerning that club.\n\n(4) Where a member of the Board has an indirect pecuniary interest in any contract, proposed contract or other matter and would not be treated as having such an interest but for the fact that he has a beneficial interest in shares of a company or other body, then, if the total nominal value of those shares does not exceed $1000 or one‑hundredth of the total nominal value of the issued share capital of the company or body (whichever is the less) so much of subsection (1) as precludes him from taking part in the consideration or discussion of, or voting on, any question with respect to the contract, proposed contract or other matter shall not apply to him.\n\n(5) Where the share capital of a company or other body is of more than one class, subsection (4) shall not apply if the total nominal value of all the shares of any one class in which he has a beneficial interest exceeds one-hundredth of the total nominal value of the issued share capital of that class of the company or other body.\n\nS. 75A(6) substituted by No. 72/2001 s. 3(Sch. item 11.7).\n\n(6) The interest of a member's spouse or domestic partner is deemed, for the purposes of this section, to be also the interest of the member if—\n\n(a) they are living together; and\n\n(b) the member knows of the interest.\n\nS. 75A(7) amended by Nos 10014 s. 5(2),  \n41/1989 s. 6, 97/1998 s. 18, 72/2001 s. 3(Sch. item 11.8(a)  \n(b)).\n\n(7) A general notice given in writing to the chief executive officer of the Board by a member of the Board to the effect that the member or the member's spouse or domestic partner is a member or in the employment of a specified company or other body, or a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.\n\n(8) If a member of the Board fails to comply with the provisions of subsection (1) his seat shall thereupon become vacant and every such vacancy shall be deemed to be an extraordinary vacancy.\n\n(9) In this section the expression ***shares*** includes stock and the expression ***share capital*** shall be construed accordingly.\n\nS. 75B inserted by No. 45/2004 s. 10.\n\n","sortOrder":173},{"sectionNumber":"75B","sectionType":"section","heading":"Consultation procedures to be established","content":"\t75B Consultation procedures to be established\n\nThe Board must establish proper procedures to consult with greyhound racing industry participants and to facilitate consultation amongst greyhound racing industry participants.\n\nS. 75C inserted by No. 45/2004 s. 10.\n\n","sortOrder":174},{"sectionNumber":"75C","sectionType":"section","heading":"Reporting on consultations","content":"\t75C Reporting on consultations\n\nThe Board must, in every report of operations under Part 7 of the **Financial Management Act 1994**—\n\n(a) include details of—\n\n(i) all of its consultations with greyhound racing industry participants, including the greyhound racing industry participants with which it consulted in each case; and\n\n(ii) all cases where it has facilitated consultation amongst greyhound racing industry participants; and\n\n(iii) every decision made following consultation with greyhound racing industry participants; and\n\n(b) set out the procedures required to be established in accordance with section 75B.\n\nNo. 6070 s. 76.\n\n","sortOrder":175},{"sectionNumber":"76","sectionType":"section","heading":"Fund and finances of Board","content":"\t76 Fund and finances of Board\n\nS. 76(1) amended by Nos 8209 s. 21(1)(a)(ii), 16/2001 s. 28(Sch. item 17).\n\n(1) The Board shall establish a fund to be called \"Greyhound Racing Victoria Fund\".\n\nS. 76(2) amended by No. 24/2000 s. 12(2)(b).\n\n(2) Subject to Division 3 and Part IV, there shall be paid into the said fund all moneys received by the Board, including fees under this Part and fines under the rules and also any moneys temporarily advanced to the Board by the Treasurer of Victoria.\n\n(3) The said fund shall be applied by the Board to meet any expenses incurred by the Board in performing any functions under this or any other Act (including payments to members and officers of the Board).\n\nS. 76(4) amended by No. 8209 s. 21(1)(a)(ii).\n\n(4) Any surplus of the said fund, after repayment with interest at such rate as is determined by the Treasurer of Victoria of all moneys temporarily advanced to the Board by the Treasurer, may be applied at the discretion of the Board for the benefit of greyhound racing clubs.\n\nS. 76A inserted by No. 37/1994 s. 189.\n\n","sortOrder":176},{"sectionNumber":"76A","sectionType":"section","heading":"Borrowings by Board","content":"\t76A Borrowings by Board\n\nFor the purposes of carrying out its powers and functions under this Act, the Board is authorised with the prior approval in writing of the Minister and the Treasurer to borrow moneys on such terms and conditions as the Treasurer approves.\n\nPt 3 Div. 3 (Heading) amended by No. 8209 s. 21(1)(a)(ii).\n\nDivision 3—General control of greyhound racing\n\nNo. 6070 s. 77.\n\n","sortOrder":177},{"sectionNumber":"77","sectionType":"section","heading":"Registration etc. of clubs and persons participating in greyhound racing","content":"\t77 Registration etc. of clubs and persons participating in greyhound racing\n\nS. 77(1) amended by No. 9924 s. 3(c).\n\n(1) The Board may in accordance with the rules—\n\nS. 77(1)(aa) inserted by No. 37/1994 s. 188(q).\n\n(aa) fix dates and times for greyhound race‑meetings;\n\nS. 77(1)(a) amended by Nos 8209 s. 21(1)(a)(ii), 8603 s. 5, substituted by No. 32/1991 s. 7,  \namended by Nos 83/1995  \ns. 6(a), 16/2001 s. 16(a), substituted by No. 37/2018 s. 30(1).\n\n(a) licence any greyhound racing industry participant;\n\nS. 77(1)(ab) inserted by No. 37/2018 s. 30(1).\n\n(ab) register any greyhound racing industry participant;\n\n(b) charge and take for any such registration the fees prescribed therefor by the rules;\n\nS. 77(1)(c) amended by No. 8209 s. 21(1)(a)(ii), substituted by No. 37/2018 s. 30(2).\n\n(c) impose or vary conditions on a licence or registration of a greyhound racing industry participant;\n\nS. 77(1)(ca) inserted by No. 37/2018 s. 30(2).\n\n(ca) suspend a licence or registration of a greyhound racing industry participant;\n\nS. 77(1)(cb) inserted by No. 37/2018 s. 30(2).\n\n(cb) disqualify a greyhound racing industry participant from participating in greyhound racing;\n\nS. 77(1)(cc) inserted by No. 37/2018 s. 30(2).\n\n(cc) disqualify or suspend any club from participating in greyhound racing;\n\nS. 77(1)(cd) inserted by No. 37/2018 s. 30(2).\n\n(cd) disqualify or suspend any greyhound from participating in greyhound racing;\n\nS. 77(1)(d) amended by Nos 8209 s. 21(1)(a)(ii), 83/1995 s. 6(b).\n\n(d) exclude from participation in greyhound racing any club, syndicate, greyhound or person that is not registered as required by this Part or the regulations or is under disqualification or suspension pursuant to this Part or the rules;\n\nS. 77(1)(da) inserted by No. 16/2001 s. 16(b).\n\n(da) regulate the registration, breeding, kennelling and verification of lineage of greyhounds for greyhound racing or for stud or other purposes;\n\nS. 77(1)(db) inserted by No. 37/2018 s. 30(3).\n\n(db) determine whether an individual is a fit and proper person to participate in greyhound racing;\n\n(e) fine or otherwise punish any club or person offending against the rules—\n\nand any decision of the Board in relation to any of the matters referred to in paragraphs (a), (b) and (d) shall be final and without appeal.\n\nS. 77(2) amended by No. 9146 s. 11, substituted by No. 37/2018 s. 30(4).\n\n(2) A steward of the Board or of a registered club who is authorised in writing by the Board or the club (as the case requires) may, in accordance with the rules and subject to the Board's approval, take the following action in relation to a greyhound or a greyhound racing industry participant who contravenes the rules—\n\n(a) impose a fine on the greyhound racing industry participant; or\n\n(b) disqualify or suspend the greyhound or the greyhound racing industry participant from participating in greyhound racing; or\n\n(c) impose a fine under paragraph (a) and disqualify or suspend the greyhound or the greyhound racing industry participant from participating in greyhound racing; or\n\n(d) cancel or suspend the registration of the greyhound racing industry participant; or\n\n(e) cancel or suspend the registration of the greyhound; or\n\n(f) impose or vary a condition of the greyhound racing industry participant's registration or licence; or\n\n(g) impose or vary a condition of the registration of the greyhound; or\n\n(h) give directions to the greyhound racing industry participant; or\n\n(i) withhold prize money from  the greyhound racing industry participant.\n\nS. 77(3) substituted by No. 6638 s. 3(b), amended by No. 8209 s. 21(1)(a)(ii), substituted by No. 9671 s. 10.\n\n(3) The Board may suspend the members of a committee or other managing body of any greyhound racing club and may appoint some fit and proper person to be administrator of the club.\n\nS. 77(4) inserted by No. 6638 s. 3(b), amended by Nos 7621 s. 4(1), 8209 s. 21(1)(a)(ii), substituted by No. 9671 s. 10.\n\n(4) An administrator so appointed shall be deemed to be the committee or other managing body of the club and shall have and exercise all the powers and be subject to all the duties of the club and all the powers and duties of the chairman or any member of the club.\n\nS. 77(5) inserted by No. 6638 s. 3(b), amended by No. 8344 s. 26(3)(ff), substituted by No. 9671 s. 10.\n\n(5) When an administrator has been appointed for any club the Board may at any time it thinks fit remove the suspension of the members of the committee or other managing body of the club and thereupon all the powers and duties of the administrator shall cease.\n\nS. 77AA inserted by No. 37/2018 s. 31.\n\n\t77AA Registration of racing greyhounds\n\nA racing greyhound must be registered with the Board until the greyhound retires from the greyhound racing industry.\n\nS. 77A inserted by No. 9671 s. 11, amended by Nos 83/1995  \ns. 7(1), 17/2016 s. 8(1).\n\n","sortOrder":178},{"sectionNumber":"77A","sectionType":"section","heading":"Member of Board etc. may enter and inspect etc.","content":"\t77A Member of Board etc. may enter and inspect etc.\n\nS. 77A(1) amended by No. 17/2016 s. 8(1), substituted byNo. 37/2018 s. 32(1).\n\n(1) Subject to this section, a member of the Board or an officer authorised by the Board in writing for the purpose (whether generally or in any specific case) may enter the following premises for the purposes of enforcing or determining compliance with this Act and the rules—\n\n(a) premises used by a registered greyhound club;\n\n(b) premises used for the purpose of kennelling or breeding greyhounds;\n\n(c) premises where greyhounds are kept, whelped, reared, educated, trained, trialled or raced.\n\nS. 77A(2) inserted by No. 83/1995 s. 7(2), amended by No. 17/2016 s. 8(1), substituted byNo. 37/2018 s. 32(1).\n\n(2) A member of the Board or an officer authorised by the Board who enters a premises under this section may do any of the following for the purposes of enforcing or determining compliance with this Act and the rules—\n\n(a) inspect the premises and any greyhound in or on the premises;\n\n(b) inspect, and make copies of, or take extracts from, any document kept at the premises;\n\n(c) take photographs (including audio, video or digital recordings) at the premises;\n\n(d) take and keep samples from any greyhound;\n\n(e) take and keep samples of any thing or any substance in or on the premises;\n\n(f) if it is not practicable to take and keep samples of a substance under paragraph (e), take and keep containers used for the storage and administration of the substance;\n\n(g) mark, tag or otherwise identify a greyhound on the premises.\n\nS. 77A(2A) inserted by No. 17/2016 s. 8(2).\n\n(2A) A member of the Board or any officer authorised by the Board may enter premises and exercise any other power under this section—\n\n(a) during the period commencing one hour before sunrise and ending one hour after sunset; and\n\n(b) at any other time if the Board believes on reasonable grounds that a person has contravened or is contravening this Act or the rules at or on the premises.\n\nS. 77A(3) inserted by No. 83/1995 s. 7(2).\n\n(3) A person authorised by the Board may not exercise any power under this section if the person fails to produce, on request, his or her identity card for inspection by the occupier of the premises.\n\nS. 77A(4) inserted by No. 83/1995 s. 7(2).\n\n(4) A person authorised by the Board may not, under this section, enter a residence unless the occupier of the residence has consented in writing to the entry and inspection.\n\nS. 77A(5) inserted by No. 83/1995 s. 7(2).\n\n(5) An occupier who consents in writing to entry and inspection of his or her residence under this section must be given a copy of the signed consent immediately.\n\nS. 77A(6) inserted by No. 83/1995 s. 7(2).\n\n(6) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and inspection.\n\nS. 77A(7) inserted by No. 37/2018 s. 32(2).\n\n(7) An officer authorised by the Board who is exercising any power under this section is subject to the **Surveillance Devices Act 1999**.\n\nNo. 6070 s. 78.\n\nS. 78 amended by Nos 7621 s. 5, 8209 s. 21(1)(b), substituted by No. 83/1995  \ns. 8, repealed by No. 16/2001 s. 17,  \nnew s. 78 inserted by No. 17/2016 s. 9.\n\n","sortOrder":179},{"sectionNumber":"78","sectionType":"section","heading":"Use or disclosure of information for the Domestic Animals Act 1994","content":"\t78 Use or disclosure of information for the Domestic Animals Act 1994\n\n(1) An authorised person may—\n\n(a) use any information in the register for the purposes of enforcing Part 4AA of the **Domestic Animals Act 1994** or any regulations made under that Part; or\n\n(b) disclose any information in the register to a person appointed as an authorised officer under section 71A or 72 of the **Domestic Animals Act 1994** for the purposes of enforcing Part 4AA of the **Domestic Animals Act 1994** or any regulations made under that Part.\n\n***authorised person*** means an officer, authorised by the Board for the purpose of section 77A, who is appointed under section 71A of the **Domestic Animals Act 1994** as an authorised officer;\n\n***register*** means the register kept by the Board relating to the registration of greyhounds and greyhound racing participants.\n\nS. 79 repealed.[[13]](#endnote-14)\n\nS. 79A inserted by No. 8603 s. 7.\n\n","sortOrder":180},{"sectionNumber":"79A","sectionType":"section","heading":"Greyhound trials and training","content":"\t79A Greyhound trials and training\n\n(1) No person or body of persons shall conduct any trials or other training of greyhounds on a greyhound trial track unless the track is registered in accordance with the rules and such trial or training is of a type authorized by the rules.\n\nS. 79A(2) amended by No. 125/1986 s. 13(i).\n\n(2) If any greyhound trial or training is held in contravention of this section any owner or occupier of the land used and any person participating in the conduct of the trial or training shall be liable to a penalty of not less than 10 penalty units or more than 50 penalty units.\n\nNo. 6070 s. 80.\n\nS. 80 amended by Nos 8209 s. 21(1)(a)(ii), 9146 s. 12, 9671 s. 12(a)(b), 9924 s. 3(d), substituted by No. 97/1998 s. 19, amended by 16/2001 s. 18, repealed by No. 52/2009 s. 12.\n\nS. 80A repealed.[[14]](#endnote-15)\n\nS. 81 amended by No. 9146 s. 7(2), substituted by No. 9201 s. 17, amended by Nos 9388 s. 8, 37/1994 s. 193(2), repealed by No. 31/1994 s. 4(Sch. 2 item 71.2). new s. 81  \ninserted by No. 97/1998 s. 19,  \nrepealed by No. 52/2009 s. 12.\n\nS. 81A inserted by No. 97/1998 s. 19,  \nrepealed by No. 52/2009 s. 12.\n\nNo. 6070 s. 82.\n\nS. 82 amended by Nos 8209 s. 21(1)(a)(ii), 8603 s. 6(1).\n\n","sortOrder":181},{"sectionNumber":"82","sectionType":"section","heading":"Rules of Board","content":"\t82 Rules of Board\n\nS. 82(1) amended by No. 83/1995 s. 9(1).\n\n(1) The Board may make rules for or with respect to the control of the sport of greyhound racing in Victoria and the regulation of the registration and breeding of greyhounds for greyhound racing, including (without affecting the generality of the foregoing) rules for or with respect to fees for registrations, fines, and any matter whatsoever which the Board is by or under this or any other Act required or empowered to administer or perform.\n\nS. 82(1A) inserted by No. 83/1995 s. 9(2).\n\n(1A) Without limiting the powers of the Board under subsection (1), the Board may make rules for or with respect to—\n\n(a) the registration of greyhounds as racing greyhounds, stud greyhounds or breeding greyhounds;\n\n(b) the recognition of registration of greyhounds in a State or Territory other than Victoria, or outside Australia;\n\n(c) the approval of registered greyhounds for racing;\n\nS. 82(1A)(ca) inserted by No. 17/2016 s. 10(1).\n\n(ca) the welfare of greyhounds;\n\n(d) the breeding and kennelling of greyhounds, including the registration of—\n\n(i) services by stud greyhounds; and\n\n(ii) results of matings; and\n\n(iii) greyhound puppies in a litter;\n\n(e) the collection of body samples from greyhounds to verify lineage for the purposes of registration;\n\n(f) fees to be paid for registration, recognition of registration, approval for racing and the collection and testing of body samples.\n\nNote to s. 82(1A) inserted by No. 17/2016 s. 10(2).\n\nUnder section 69(3) of the **Domestic Animals Act 1994** the Board must pay to the Treasurer money in respect of fees for the registration of certain greyhounds for the purposes of that Act.\n\nS. 82(2) inserted by No. 8603 s. 6(2).\n\n(2) For the purposes of subsection (1) control of the sport of greyhound racing in Victoria extends to control of the use of greyhound trial tracks.\n\nS. 83 amended by Nos 6886 s. 3, 7621 s. 6, 8209 s. 21(1)(a)(ii) (b), 9146 s. 13, 9671 s. 14, 9924 s. 3(f), 125/1986 s. 13(d), 83/1995 s. 10, 52/2009 s. 12, repealed by No. 2/2022 s. 21.\n\nPt 3A (Heading and ss 83A–83E) repealed[[15]](#endnote-16), new Pt 3A (Heading and ss 83A–83OC) inserted by No. 52/2009 s. 8, amended by Nos 55/2012 ss 13–16, 17/2014 s. 160(Sch. 2 item 83.3), 17/2016 s. 11, repealed by No. 37/2018 s. 15.\n\n ** * * * **\n\nPt 3B (Heading) substituted by No. 37/2018 s. 16.\n\nPt 3B  \n(Heading and ss 83F–83O) inserted by No. 9924 s. 2, amended[[16]](#endnote-17), substituted as Pt 3B  \n(Heading and ss 83OD–83OG) by No. 52/2009 s. 9.\n\nPart IIIB—the Victorian Racing Tribunal Registrar\n\nS. 83OD inserted by No. 52/2009 s. 9.\n\n\t83OD Definitions\n\nS. 83OD def. of *serious offence* substituted by No. 37/2018 s. 17.\n\n***serious offence*** means an offence that is a serious offence within the meaning of the rules of—\n\n(a) Greyhound Racing Victoria; or\n\n(b) Harness Racing Victoria; or\n\n(c) Racing Victoria.\n\nS. 83OE (Heading) substituted by No. 37/2018 s. 18.\n\nS. 83OE inserted by No. 52/2009 s. 9.\n\n\t83OE Victorian Racing Tribunal Registrar\n\nS. 83OE(1) amended by No. 37/2018 s. 19(1).\n\n(1) For the purposes of assisting in the administration of the Victorian Racing Tribunal there is to be appointed a Victorian Racing Tribunal Registrar.\n\nS. 83OE(2) substituted by No. 37/2018 s. 19(2).\n\n(2) The Secretary to the Department must employ a Victorian Racing Tribunal Registrar under the **Public Administration Act 2004**.\n\nS. 83OF (Heading) amended by No. 37/2018 s. 20.\n\nS. 83OF inserted by No. 52/2009 s. 9.\n\n\t83OF Functions of Victorian Racing Tribunal Registrar\n\nS. 83OF(1) amended by No. 37/2018 s. 21(1).\n\n(1) The Victorian Racing Tribunal Registrar must—\n\n(a) keep a register in the prescribed form containing the prescribed particulars of—\n\nS. 83OF (1)(a)(i) amended by No. 37/2018 s. 21(2).\n\n(i) appeals lodged with the Victorian Racing Tribunal; and\n\nS. 83OF (1)(a)(ii) amended by No. 37/2018 s. 21(2).\n\n(ii) serious offences to be heard and determined by the Victorian Racing Tribunal; and\n\nS. 83OF (1)(a)(iii) amended by No. 37/2018 s. 21(2).\n\n(iii) determinations made by the Victorian Racing Tribunal as a result of any hearings;\n\nS. 83OF(1)(b) amended by No. 37/2018 s. 21(2), substituted by No. 37/2018 s. 21(3).\n\n(b) issue a notice under section 50S as directed by the Victorian Racing Tribunal;\n\nS. 83OF(1)(c) amended by No. 37/2018 s. 21(2).\n\n(c) perform any other functions as directed by the Victorian Racing Tribunal.\n\nS. 83OF(2) amended by No. 37/2018 s. 21(1).\n\n(2) The Victorian Racing Tribunal Registrar must keep and make available for inspection any prescribed forms or any prescribed documents.\n\nS. 83OF(3) amended by No. 37/2018 s. 21(1).\n\n(3) As soon as practicable after the end of each quarter, the Victorian Racing Tribunal Registrar must give to the Racing Integrity Commissioner, a report setting out the details recorded in the register kept by the Registrar under subsection (1)(a).\n\nS. 83OG inserted by No. 52/2009 s. 9, repealed by No. 2/2022 s. 22.\n\nPt 3BA (Heading) substituted by No. 37/2018 s. 22.\n\nPt 3BA (Heading  \nand ss 83OH, 83OI) inserted by No. 52/2009 s. 9.\n\nPart IIIBA—Review by VCAT—Decisions of the Victorian Racing Tribunal\n\nS. 83OH inserted by No. 52/2009 s. 9, substituted by No. 37/2018 s. 23.\n\n\t83OH Review by VCAT of decisions of the Victorian Racing Tribunal\n\n(1) A person whose interests are affected by a decision made by the Victorian Racing Tribunal may apply to VCAT for review of that decision in relation to a penalty imposed on the person by the Victorian Racing Tribunal.\n\n(2) A Steward may apply to VCAT for review of a decision made by the Victorian Racing Tribunal in relation to a penalty imposed by the Victorian Racing Tribunal.\n\nSee clause 66N of Schedule 1 to the **Victorian Civil and Administrative Tribunal Act 1998**.\n\nS. 83OI inserted by No. 52/2009 s. 9.\n\n\t83OI Time limit for applying for review\n\nAn application for review must be made within 28 days after the later of—\n\n(a) the day on which the decision is made; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nPt 3C (Heading) amended by No. 52/2009 s. 14.\n\nPt 3C (Heading and ss 83P–83S) inserted by No. 16/2001 s. 23.\n\nPart IIIC—Review by VCAT—Occupational  \nracing and bookmaking licences\n\nS. 83P  \ninserted by No. 16/2001 s. 23*.*\n\n","sortOrder":182},{"sectionNumber":"83P","sectionType":"section","heading":"Definitions","content":"\t83P Definitions\n\nS. 83P def. of *bookmaking licence* amended by No. 19/2002 s. 5, substituted by No. 73/2008 s. 9(1).\n\n***bookmaking licence*** means a licence or other authority issued in respect of a bookmaker or bookmaker's key employee by a controlling body or racing club under any rules made under section 5, 91A or 91B;\n\nS. 83P def. of *controlling body* repealed by No. 52/2009 s. 13.\n\nS. 83P def. of *occupational racing licence* amended by No. 73/2008 s. 9(2).\n\n***occupational racing licence*** means any licence, registration, permit or other authority required under the rules made by a controlling body for a person to participate in any occupation in racing or in any class or category of an occupation in racing, other than a bookmaking licence or registration of a bookmaker or bookmaker's key employee under Part 5A of Chapter 4 of the **Gambling Regulation Act 2003**.\n\nS. 83Q  \ninserted by No. 16/2001 s. 23, amended by No. 52/2009 s. 15.\n\n","sortOrder":183},{"sectionNumber":"83Q","sectionType":"section","heading":"Review by VCAT of occupational racing licences","content":"\t83Q Review by VCAT of occupational racing licences\n\nIn the case of an occupational racing licence, a person may apply to VCAT for review of—\n\n(a) a decision to refuse an application for such a licence; or\n\n(b) a decision to—\n\n(i) refuse to renew such a licence; or\n\n(ii) revoke such a licence; or\n\n(c) a decision to—\n\n(i) impose a condition on; or\n\n(ii) vary or revoke a condition on; or\n\n(iii) refuse to vary or revoke a condition on—\n\nsuch a licence.\n\nS. 83R  \ninserted by No. 16/2001 s. 23, amended by No. 52/2009 s. 15.\n\n","sortOrder":184},{"sectionNumber":"83R","sectionType":"section","heading":"Review by VCAT of bookmaking licences","content":"\t83R Review by VCAT of bookmaking licences\n\nIn the case of a bookmaking licence, a person may apply to VCAT for review of—\n\n(a) a decision to refuse an application for such a licence; or\n\n(b) a decision to—\n\n(i) refuse to renew such a licence; or\n\n(ii) revoke such a licence; or\n\n(c) a decision to—\n\n(i) impose a condition on; or\n\n(ii) vary or revoke a condition on; or\n\n(iii) refuse to vary or revoke a condition on; or\n\n(iv) suspend—\n\nsuch a licence; or\n\n(d) a decision to disqualify a person from holding such a licence; or\n\n(e) a decision to impose a fine on the holder of such a licence for any matter connected with such a licence; or\n\n(f) a decision to warn off the holder of such a licence.\n\nS. 83S  \ninserted by No. 16/2001 s. 23.\n\n","sortOrder":185},{"sectionNumber":"83S","sectionType":"section","heading":"Time limit for applying for review","content":"\t83S Time limit for applying for review\n\nAn application for review must be made within 28 days after the later of—\n\n(a) the day on which the decision is made; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nPt 3D (Heading) amended by No. 26/2022 s. 58(2)(a).\n\nPt 3D (Heading and ss 83T–83W) inserted by No. 55/2012 s. 17.\n\nPart IIID—Functions and powers of gambling and casino inspectors\n\nS. 83T (Heading) amended by No. 26/2022 s. 58(2)(a).\n\nS. 83T inserted by No. 55/2012 s. 17, amended by No. 26/2022 s. 58(2)(b).\n\n","sortOrder":186},{"sectionNumber":"83T","sectionType":"section","heading":"Functions of gambling and casino inspectors","content":"\t83T Functions of gambling and casino inspectors\n\nThe functions of gambling and casino inspectors are as follows for the purposes of determining compliance with sections 4B to 4I and section 92—\n\n(a) to inspect approved off-course premises;\n\n(b) to monitor the operation and management of activities on approved off-course premises;\n\n(c) to examine machinery and equipment used and records kept in approved off-course premises;\n\n(d) to assist in any other manner, where necessary, in the detection of offences committed against sections 4B to 4I and section 92.\n\nS. 83U inserted by No. 55/2012 s. 17.\n\n","sortOrder":187},{"sectionNumber":"83U","sectionType":"section","heading":"Right of entry","content":"\t83U Right of entry\n\nS. 83U(1) amended by No. 26/2022 s. 58(2)(b).\n\n(1) A gambling and casino inspector may enter and remain on any approved off-course premises for the purposes of exercising his or her functions as a gambling and casino inspector under section 83T.\n\n(2) The power of entry may be exercised with the written consent of the occupier of the approved off-course premises at any time.\n\nS. 83U(3) amended by No. 26/2022 s. 58(2)(b).\n\n(3) A gambling and casino inspector who enters approved off-course premises is not authorised to remain on the premises if, on the request of the occupier of the premises, the gambling and casino inspector does not show his or her identity card to the occupier.\n\nS. 83U(4) amended by No. 26/2022 s. 58(2)(b).\n\n(4) If an occupier consents to the entry of approved off-course premises under this section, the gambling and casino inspector must give the occupier a copy of the consent immediately.\n\n(5) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to entry.\n\nS. 83V (Heading) amended by No. 26/2022 s. 58(2)(a).\n\nS. 83V inserted by No. 55/2012 s. 17.\n\n","sortOrder":188},{"sectionNumber":"83V","sectionType":"section","heading":"Powers of gambling and casino inspectors","content":"\t83V Powers of gambling and casino inspectors\n\nS. 83V(1) amended by No. 26/2022 s. 58(2)(b).\n\n(1) A gambling and casino inspector may do any one or more of the following—\n\n(a) require any person in possession of, or having control of, any machinery, equipment or records relating to an activity regulated by sections 4B to 4I and section 92 to produce the machinery, equipment or records for inspection and to answer questions or provide information relating to the machinery, equipment or records;\n\n(b) inspect any machinery, equipment or records referred to in paragraph (a) and take copies of, extracts from, or notes relating to, those records;\n\nS. 83V(1)(c) amended by No. 26/2022 s. 58(2)(b).\n\n(c) if the gambling and casino inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any machinery, equipment or records;\n\n(d) by written notice require—\n\n(i) a registered bookmaker who holds an approval under section 4C; or\n\n(ii) an approved substitute of a registered bookmaker referred to in subparagraph (i); or\n\n(iii) any other person associated with operations or their management in premises the inspector is authorised to enter—\n\nto attend before the gambling and casino inspector at a specified time or place and answer questions, or to provide information within a reasonable period specified in the notice, with respect of any activity regulated by sections 4B to 4I and section 92;\n\n(e) examine and test any machinery or equipment referred to in paragraph (a) and order the person in charge of the machinery or equipment to withdraw it from use if it is unsatisfactory for use;\n\nS. 83V(1)(f) amended by Nos 37/2014 s. 10(Sch. item 139.4), 26/2022 s. 58(2)(b).\n\n(f) call to the gambling and casino inspector's assistance a police officer if the gambling and casino inspector is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the performance of his or her functions;\n\nS. 83V(1)(g) amended by No. 26/2022 s. 58(2)(b).\n\n(g) any other thing authorised by this Act or the regulations to be done by a gambling and casino inspector.\n\nS. 83V(2) amended by No. 26/2022 s. 58(2)(b).\n\n(2) If a gambling and casino inspector seizes anything under this section, it may be retained by the gambling and casino inspector until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but only if, in the case of records, the person from whom the records were seized is provided, within reasonable time after the seizure, with a copy of the records certified by a gambling and casino inspector as a true copy.\n\n(3) Subsection (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.\n\n(4) A copy of records provided under subsection (2) is, as evidence, of equal validity to the records of which it is certified to be a copy.\n\nS. 83W inserted by No. 55/2012 s. 17.\n\n","sortOrder":189},{"sectionNumber":"83W","sectionType":"section","heading":"Power to require names and addresses","content":"\t83W Power to require names and addresses\n\nS. 83W(1) amended by No. 26/2022 s. 58(2)(b).\n\n(1) A gambling and casino inspector who exercises a right of entry to an approved off-course premises under section 83U may require a person on the premises to state the person's full name and residential address.\n\nS. 83W(2) amended by No. 26/2022 s. 58(2)(b).\n\n(2) A gambling and casino inspector is not authorised to require a person to state his or her name or address unless the gambling and casino inspector—\n\n(a) suspects on reasonable grounds that the person has committed an offence; and\n\n(b) has informed the person, at the time of stating the requirement, that it is an offence to fail to comply with the requirement.\n\n(3) A person must comply with a requirement made in accordance with this section.\n\nPt 4  \n(Heading) substituted by No. 6790 s. 4, amended by No. 97/1998 s. 20, substituted by Nos 19/2002 s. 6, 73/2008 s. 10(1).\n\nPart IV—Registered bookmakers and controlling bodies\n\nNo. 6070 s. 84.\n\n","sortOrder":190},{"sectionNumber":"84","sectionType":"section","heading":"Definitions","content":"\t84 Definitions\n\nIn this Part unless inconsistent with the context or subject-matter—\n\nS. 84 def. of *approved betting event* inserted by No. 18/2007 s. 6(h).\n\n***approved betting event*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 84 def. of *approved bookmaking company* inserted by No. 19/2002 s. 7(a), repealed by No. 73/2008 s. 10(2).\n\nS. 84 def. of *automatic recorder* inserted by No. 17/1992 s. 9(a), repealed by No. 24/2000 s. 12(2)(c).\n\nS. 84 def. of *bookmaker* amended by Nos 6790 s. 5(a), 73/1996 s. 86(a)(i), 74/2000 s. 3(Sch. 1 item 107.2)*,* 19/2002 s. 7(b)(i)(ii).\n\n***bookmaker*** includes any person who (whether on the person's own account or as employee or agent of any other person) carries on the business or vocation of or acts as a bookmaker or turf commission agent, and any person who gains or endeavours to gain a livelihood wholly or partly by betting or making wagers;\n\nS. 84 def. of *bookmaker's betting turnover* inserted by No. 24/2000 s. 12(2)(d), amended by No. 114/2003 s. 12.1.3(Sch. 6 item 10.7(a)).\n\n***bookmaker's betting turnover*** for a period, means the gross amount of all bets made with a bookmaker in that period less the gross amount of bets made in that period by the bookmaker in respect of those bets with—\n\n(a) other bookmakers who are carrying on their business or vocation under a club bookmaker's licence in accordance with this Act; and\n\n(b) the holder of the wagering licence under Part 3 of Chapter 4 of the **Gambling Regulation Act 2003**;\n\nS. 84 def. of *bookmaker's clerk* amended by Nos 7230 s. 3*,* 19/2002 s. 7(c), repealed by No. 73/2008 s. 10(2).\n\nS. 84 def. of *bookmaker's course agent* inserted by No. 6790 s. 5(b), repealed by No. 73/1996  \ns. 86(a)(ii).\n\nS. 84 def. of *club bookmaker's licence* amended by Nos 73/1996  \ns. 88(1)(a), 16/2001 s. 28(Sch. item 20(a)), 35/2001 s. 6(Sch. 1 item 10(a)), 19/2002 s. 7(d), 55/2012 s. 18.\n\n***club bookmaker's licence*** means an unexpired licence or permit (including a substitute licence or substitute permit) whereby a bookmaker is licensed or permitted by Racing Victoria or Harness Racing Victoria or Greyhound Racing Victoria or by any racing club or by any person having the management or control of a race-course or by any promoter of any sports on any sports ground to carry on the business or vocation of bookmaking on a race-course, any part of a racecourse, an approved off-course premises or (as the case may be) on a sports ground as specified in the licence or permit;\n\nS. 84 def. of *Committee* repealed by No. 73/2008 s. 10(2).\n\nS. 84 def. of *controlling body* inserted by No. 24/2000 s. 12(2)(d), amended by Nos 16/2001 s. 28(Sch. item 20(b)(i) (ii)), 35/2001 s. 6(Sch. 1 item 10(b)), repealed by No. 52/2009 s. 13.\n\nS. 84 def. of *gaming investigator* inserted by No. 125/1986 s. 7(a), repealed by No. 24/2000 s. 12(2)(c).\n\nS. 84 def. of *member* repealed by No. 73/2008 s. 10(2).\n\nS. 84 def. of *prescribed* repealed by No. 2/2022 s. 23.\n\nS. 84 def. of *promoter* amended by No. 7621 s. 13(5)(a), substituted by No. 114/2003 s. 12.1.3(Sch. 6 item 10.7(b)).\n\n***promoter*** means the person or body that has the control, direction, conduct or management of any sports and occupying or having authority to occupy the sports ground on which the sports are played;\n\nS. 84 def. of *race-course* amended by No. 7621 s. 13(5)(b), substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.7(c)), amended by Nos 56/2014 s. 63(3), 50/2015 s. 10.\n\n***race-course*** has the same meaning as ***racecourse*** has in the **Gambling Regulation Act 2003**;\n\nS. 84 def. of *race-meeting* amended by No. 7621 s. 13(5)(b), repealed by No. 16/2001 s. 24.\n\nS. 84 def. of *racing club* amended by Nos 9671 s. 28, 73/1996 s. 88(1)(b), 35/2001 s. 6(Sch. 1 item 10(c))*,* 19/2002 s. 7(e).\n\n***racing club*** means club association society or body of persons corporate or unincorporate formed for promoting or controlling horse racing pony racing or harness racing or greyhound racing or for holding race‑meetings but does not include Racing Victoria, Harness Racing Victoria and Greyhound Racing Victoria;\n\nS. 84 def. of *regulations* repealed by No. 2/2022 s. 23.\n\nS. 84 def. of *sports* amended by No. 7621 s. 13(5)(a), substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.7(d)).\n\n***sports*** means bicycle races, foot races, coursing matches, dog races (other than greyhound races), cricket matches, football matches or any other game, exercise, pastime or contest (other than a horse race) to which persons commonly resort as spectators;\n\nS. 84 def. of *sports ground* amended by No. 7621 s. 13(5)(a), substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.7(e)).\n\n***sports ground*** means any land to which persons are admitted, either at all times or only at certain times and whether on payment of an entrance fee or otherwise, for the purpose of taking part in or watching any sports;\n\nS. 84 defs of *substitute licence* and *substitute permit* repealed by No. 73/2008 s. 10(2).\n\nS. 84 def. of *trading bookmaking partnership* inserted by No. 19/2002 s. 7(a), repealed by No. 73/2008 s. 10(2).\n\nS. 84 def. of *write out* inserted by No. 17/1992 s. 9(b), repealed by No. 24/2000 s. 12(2)(c).\n\nS. 85 amended by Nos 7082 s. 4, 8080 s. 5(1), 8209 ss 12, 21(1)(a)(ii), 9671 s. 29, 83/1995 s. 11(5), 97/1998 s. 21, 16/2001 s. 28(Sch. item 21), 35/2001 s. 6(Sch. 1 item 11), 19/2002 s. 8, repealed by No. 73/2008 s. 10(3).\n\nS. 85AA inserted by No. 16/2001 s. 25, repealed by No. 73/2008 s. 10(3).\n\nS. 85A inserted by No. 7230 s. 4, amended by Nos 125/1986 s. 13(j), 73/1996 s. 86(b), repealed by No. 73/2008 s. 10(3).\n\nS. 86 amended by Nos 6790 s. 6, 8776 s. 3(1)(a), 9075 s. 5(2), 125/1986 s. 6(1), 65/1988 s. 22(a), 17/1992 s. 8(1), 77/1993 s. 8(1)(2), 83/1995 s. 14(a), 24/2000 s. 12(2)(e), 19/2002 s. 9, repealed by No. 73/2008 s. 10(3).\n\nS. 86A inserted by No. 37/1994 s. 191, amended by No. 19/2002 s. 10, repealed by No. 73/2008 s. 10(3).\n\nSs 86B, 86C inserted by No. 19/2002 s. 11, repealed by No. 73/2008 s. 10(3).\n\nS. 87 amended by Nos 6790 s. 7, 8776 s. 3(1)(b), 125/1986 s. 6(1), 65/1988 s. 22(b), 17/1992 ss 8(2), 10, 83/1995 s. 14(b), 73/1996 s. 87, 24/2000 s. 12(2)(f), 19/2002 s. 12, repealed by No. 73/2008 s. 10(3).\n\nS. 87A inserted by No. 6790 s. 8, amended by Nos 125/1986 s. 6(1), 65/1988 s. 22(c), 32/1991 s. 8, 17/1992 s. 8(3), 83/1995  \ns. 14(c), repealed by No. 73/1996  \ns. 86(c).\n\nS. 87B inserted by No. 7230 s. 5, amended by Nos 9549 s. 2(1)(Sch. item 188), 125/1986 s. 13(k) (as amended by No. 41/1989 s. 9), 24/2000 s. 12(2)(g), 16/2001 s. 26, 19/2002 s. 13, repealed by No. 73/2008 s. 10(3).\n\nS. 88 amended by Nos 6790 s. 9, 125/1986 s. 6(2), 65/1988 s. 22(d), 83/1995  \ns. 14(d), 73/1996  \ns. 86(d), 19/2002 s. 14, repealed by No. 73/2008 s. 10(3).\n\nS. 89 amended by Nos 6790 s. 10, 49/1987 s. 17, 65/1988 s. 22(e), 73/1996 s. 86(e), repealed by No. 73/2008 s. 10(3).\n\nS. 90 amended by Nos 6790 s. 11, 125/1986 s. 7(b), 73/1996 s. 86(f), 40/1997 s. 138(Sch. 2 item 12), 24/2000 s. 12(2)(h), repealed by No. 73/2008 s. 10(3).\n\nNo. 6070 s. 91.\n\nS. 91 amended by Nos 6790 s. 12,125/1986 s. 13(l), 65/1988 s. 22(f), 41/1989 s. 8(e), 73/1996 ss 86(g), 88(2)(3), 97/1998 s. 22, 16/2001 s. 28(Sch. item 22), 35/2001 s. 6(Sch. 1 item 12), 19/2002 s. 15, substituted by No. 73/2008 s. 11.\n\n","sortOrder":191},{"sectionNumber":"91","sectionType":"section","heading":"Requirements for bookmakers to carry on business","content":"\t91 Requirements for bookmakers to carry on business\n\nS. 91(1) amended by No. 55/2012 s. 19(1).\n\n(1) A person must not carry on the business of bookmaking on a racecourse, part of a racecourse, an approved off-course premises or a sports ground unless the person—\n\n(a) is a registered bookmaker or an approved substitute; and\n\nS. 91(1)(b) amended by No. 55/2012 s. 19(1).\n\n(b) in the case of a registered bookmaker, holds a club bookmaker's licence issued to the bookmaker for that racecourse, part of a racecourse, an approved off-course premises or sports ground if such a licence is required by a controlling body or by any racing club or promoter of sports to enable the bookmaker to carry on the business of bookmaking.\n\n1. Level 8 imprisonment (1 year maximum) or level 8 fine (120 penalty units) or both.\n\n(2) If a controlling body requires a bookmaker to hold a club bookmaker's licence for race meetings at a racecourse, then the bookmaker is not required to obtain a club bookmaker's licence from any racing club in respect of those race meetings.\n\n(3) If Racing Victoria requires a bookmaker to hold a club bookmaker's licence for the purposes of betting in accordance with section 4(4)(b), the bookmaker is not required to obtain a club bookmaker's licence from any other racing club in respect of that betting.\n\nS. 91(4) amended by No. 55/2012 s. 19(2).\n\n(4) A person carrying on the business of bookmaking on a racecourse, part of a racecourse, an approved off-course premises or a sports ground must not employ a person as a bookmaker's key employee unless the person is a registered bookmaker's key employee.\n\nS. 91A inserted by No. 73/1996  \ns. 89.\n\n","sortOrder":192},{"sectionNumber":"91A","sectionType":"section","heading":"Controlling bodies may make rules","content":"\t91A Controlling bodies may make rules\n\nS. 91A(1) amended by No. 35/2001 s. 6(Sch. 1 item 13(a)).\n\n(1) For the purposes of section 91, Racing Victoria may make rules for or with respect to—\n\nS. 91A(1)(a) amended by No. 35/2001 s. 6(Sch. 1 item 13(b)).\n\n(a) the issue of club bookmaker's licences by Racing Victoria on payment of the fees fixed by the rules; and\n\nS. 91A(1)(b) amended by No. 35/2001 s. 6(Sch. 1 item 13(c)).\n\n(b) fixing the terms and conditions of club bookmaker's licences issued by Racing Victoria; and\n\nS. 91A(2) amended by No. 16/2001 s. 28(Sch. item 23(a)).\n\n(2) For the purposes of section 91 and without limiting section 49, Harness Racing Victoria may make rules for or with respect to—\n\nS. 91A(2)(a) amended by No. 16/2001 s. 28(Sch. item 23(a)).\n\n(a) the issue of club bookmaker's licences by Harness Racing Victoria on payment of the fees fixed by the rules; and\n\nS. 91A(2)(b) amended by No. 16/2001 s. 28(Sch. item 23(a)).\n\n(b) fixing the terms and conditions of club bookmaker's licences issued by Harness Racing Victoria; and\n\nS. 91A(3) amended by No. 16/2001 s. 28(Sch. item 23(b)).\n\n(3) For the purposes of section 91 and without limiting section 82, Greyhound Racing Victoria may make rules for or with respect to—\n\nS. 91A(3)(a) amended by No. 16/2001 s. 28(Sch. item 23(b)).\n\n(a) the issue of club bookmaker's licences by Greyhound Racing Victoria on payment of the fees fixed by the rules; and\n\nS. 91A(3)(b) amended by No. 16/2001 s. 28(Sch. item 23(b)).\n\n(b) fixing the terms and conditions of club bookmaker's licences issued by Greyhound Racing Victoria; and\n\nS. 91A(4) inserted by No. 73/2008 s. 12.\n\n(4) A controlling body must advise the Commission of any disciplinary action taken against a bookmaker under rules made under this section within 48 hours of the taking of the action.\n\nS. 91A(5) inserted by No. 73/2008 s. 12.\n\n(5) On being advised of any disciplinary action taken against a bookmaker, the Commission may request in writing to the controlling body any further information relating to the disciplinary action.\n\nS. 91A(6) inserted by No. 73/2008 s. 12.\n\n(6) The controlling body must give the information requested under subsection (5) to the Commission within 14 days or the longer period allowed by the Commission.\n\nS. 91AB inserted by No. 73/2008 s. 13.\n\n\t91AB Approved substitutes\n\n(1) A registered bookmaker may apply to a controlling body for approval of a registered bookmaker's key employee to carry on the business of the registered bookmaker during a period of absence.\n\n(2) An approval by the controlling body under subsection (1) may be given generally or in relation to particular race meetings or dates.\n\n(3) Each controlling body must establish and maintain a Register of Approved Substitutes.\n\n(4) The Register must contain the following information—\n\n(a) the name of each registered bookmaker who has an approved substitute; and\n\n(b) the name of the approved substitute for that registered bookmaker; and\n\n(c) the period of time for which the approval was granted; and\n\n(d) if applicable, the particulars of the race meetings and dates for which the approved substitute will substitute for the registered bookmaker.\n\n(5) A controlling body must make its Register available for inspection by the Commission.\n\n(6) An approved substitute is subject to the provisions of this Act and every other Act in all respects as if the approved substitute were a registered bookmaker or the holder of a club bookmaker's licence.\n\nS. 91B inserted by No. 24/2000 s. 13.\n\n","sortOrder":193},{"sectionNumber":"91B","sectionType":"section","heading":"Bookmaker's licence levy","content":"\t91B Bookmaker's licence levy\n\nS. 91B(1) amended by No. 35/2001 s. 6(Sch. 1 item 14).\n\n(1) A controlling body may make rules—\n\n(a) imposing a periodic levy on a bookmaker who is required by the controlling body to hold a club bookmaker's licence; and\n\n(b) providing for the calculation of the levy, including the classes of bets that are to be included or excluded for the purpose of calculating the levy; and\n\n(c) providing for the payment and recovery of the levy, including the imposition of interest on late payment; and\n\n(d) providing for the application of the proceeds of the levy, including interest on late payment and fines (other than the proportion that is paid into a bookmaking development fund under section 91C(2)(a)); and\n\n(e) imposing requirements for the making and recording of betting transactions and the reporting to the controlling body of those transactions and other information required by the controlling body; and\n\n(f) imposing sanctions for non-compliance with the rules, including fines, licence suspension and disqualification.\n\n(2) A levy imposed by rules made under this section may differ according to different classes of bets or different classes of bookmakers, or both.\n\nS. 91B(3) repealed by No. 55/2012 s. 20.\n\n(4) A controlling body may recover any levy, interest or fine payable by a bookmaker under rules made under this section in a court of competent jurisdiction as a debt due to the controlling body.\n\n(5) Rules made under this section, and any amendments to them, do not come into operation until they are approved in writing by the Minister under section 91D.\n\nS. 91C inserted by No. 24/2000 s. 13.\n\n","sortOrder":194},{"sectionNumber":"91C","sectionType":"section","heading":"Bookmaking development fund","content":"\t91C Bookmaking development fund\n\n(1) Unless the Minister determines otherwise, a controlling body that makes rules under section 91B must establish a bookmaking development fund.\n\n(2) There is to be paid into each fund—\n\n(a) a proportion, determined from time to time by the relevant controlling body with the approval of the Minister, of the total amount received in respect of levies, interest on late payment and fines imposed under rules made under section 91B; and\n\n(b) any money derived from any investment of the fund.\n\n(3) The Minister may at any time withdraw an approval given under subsection (2)(a).\n\n(4) Money standing to the credit of each fund is to be applied, as determined from time to time by the relevant controlling body in accordance with guidelines issued under subsection (5)—\n\n(a) for the advancement of the bookmaking profession; and\n\n(b) to defray the reasonable expenses of administering the fund.\n\n(5) For the purposes of subsection (4), a controlling body that establishes a fund under this section must issue guidelines for the administration of the fund, including guidelines—\n\n(a) specifying the method for determining payments from the fund (including the method for determining the reasonable expenses of administering the fund); and\n\n(b) providing a process for consultation between the controlling body and the bookmaking profession in respect of the application of the fund.\n\n(6) Guidelines made under subsection (5), and any amendments to them, do not come into operation until they are approved in writing by the Minister under section 91D.\n\nS. 91D inserted by No. 24/2000 s. 13.\n\n","sortOrder":195},{"sectionNumber":"91D","sectionType":"section","heading":"Ministerial approval of rules and guidelines","content":"\t91D Ministerial approval of rules and guidelines\n\n(1) The Minister, in writing given to a controlling body, may approve rules made under section 91B by that body or guidelines made under section 91C by that body or amendments made to those rules or guidelines by that body.\n\n(2) An approval under this section—\n\n(a) may be given indefinitely or for a specified period;\n\n(b) may be made subject to conditions, including a condition that the controlling body review the rule, guideline or amendment within the period specified by the Minister;\n\n(c) may at any time be withdrawn in writing by the Minister.\n\n(3) Without limiting subsection (2)(c), the Minister may withdraw approval of a rule, guideline or amendment if the controlling body that made it does not comply with a condition to which it is subject.\n\n(4) The withdrawal of approval of a rule or guideline by the Minister takes effect as a revocation of the rule or guideline.\n\n(5) If the Minister withdraws approval of an amendment of a rule or guideline, the rule or guideline takes effect, after the withdrawal, as if the amendment had not been made.\n\nS. 91E inserted by No. 24/2000 s. 13, amended by No. 73/2008 s. 14(1).\n\n","sortOrder":196},{"sectionNumber":"91E","sectionType":"section","heading":"Provision of information regarding betting records","content":"\t91E Provision of information regarding betting records\n\nA controlling body may disclose information relating to betting transactions that it obtains from a registered bookmaker or registered bookmaker's key employee to—\n\n(a) another controlling body;\n\nS. 91E(b) amended by No. 73/2008 s. 14(2).\n\n(b) the Commission;\n\nS. 91E(c) amended by No. 37/2014 s. 10(Sch. item 139.4).\n\n(c) the Chief Commissioner of Police or a police officer authorised in writing by the Chief Commissioner of Police;\n\n(d) Victorian Bookmakers Association Limited;\n\nS. 91E(da) inserted by No. 18/2007 s. 6(i).\n\n(da) a person or body that, in the opinion of the controlling body, controls, organises or administers an approved betting event;\n\n(e) the Australian Transaction Reports and Analysis Centre;\n\n(f) the Commissioner of Taxation of the Commonwealth;\n\n(g) a person or body that—\n\n(i) has any regulatory or administrative functions in respect of racing, bookmaking or betting in Victoria or in another State or a Territory of the Commonwealth; and\n\n(ii) is specified by the Minister, by Order published in the Government Gazette, for the purposes of this section.\n\nNo. 6070 s. 92.\n\nS. 92 amended by Nos 6790 s. 13, 125/1986 s. 7(b), 73/1996 s. 86(h), 40/1997  \ns. 138(Sch. 2 item 12), 24/2000 s. 14, 19/2002 s. 16, substituted by No. 73/2008 s. 15.\n\n","sortOrder":197},{"sectionNumber":"92","sectionType":"section","heading":"Production of documents by bookmakers and bookmaker's key employees","content":"\t92 Production of documents by bookmakers and bookmaker's key employees\n\nS. 92(1) amended by No. 55/2012 s. 21(1)(a).\n\n(1) A bookmaker carrying on the business of bookmaking on a racecourse, part of a racecourse, an approved off‑course premises or a sports ground must produce for inspection—\n\n(a) evidence of registration under Part 5A of Chapter 4 of the **Gambling Regulation Act 2003**; or\n\nS. 92(1)(ab) inserted by No. 55/2012 s. 21(1)(b).\n\n(ab) in the case of a bookmaker making and accepting bets using a method of communication approved by the Minister under section 4A at premises not on a racecourse—evidence of an approval given to the bookmaker under section 4C entitling the bookmaker to carry on that business at that approved off-course premises; or\n\n(b) evidence of a licence required under section 91(1)(b)—\n\nif so requested by an authorised person.\n\nS. 92(2) amended by No. 55/2012 s. 21(2).\n\n(2) A bookmaker's key employee who is working on a racecourse, part of a racecourse, an approved off‑course premises or a sports ground must produce for inspection—\n\nS. 92(2)(a) inserted by No. 55/2012 s. 21(2)(b).\n\n(a) evidence of registration under Part 5A of Chapter 4 of the **Gambling Regulation Act 2003**; or\n\nS. 92(2)(b) inserted by No. 55/2012 s. 21(2)(b).\n\n(b) in the case of a bookmaker's key employee making and accepting bets using a method of communication approved by the Minister under section 4A at premises not on a racecourse—evidence of an approval given to a bookmaker under section 4C entitling the bookmaker to carry on that business at that approved off-course premises—\n\nif so requested by an authorised person.\n\nS. 92(3) def. of *authorised person* amended by Nos 55/2012 s. 21(3), 37/2014 s. 10(Sch. item 139.5), 26/2022 s. 58(2)(c).\n\n***authorised person*** means—\n\n(a) the secretary or chairman of the club conducting the races on the racecourse; or\n\n(b) the promoter of any sports on the sports ground; or\n\n(c) a police officer; or\n\n(d) a gambling and casino inspector.\n\nNo. 6070 s. 93.\n\nS. 93 amended by No. 65/1988 s. 22(g), repealed by No. 73/2008 s. 16.\n\nS. 93A inserted by No. 6790 s. 14, amended by No. 65/1988 s. 22(h), repealed by No. 73/1996  \ns. 86(i).\n\nNo. 6070 s. 94.\n\nS. 94 amended by No. 125/1986 s. 13(m), repealed by No. 73/2008 s. 16.\n\nS. 94A inserted by No. 7230 s. 6.\n\n","sortOrder":198},{"sectionNumber":"94A","sectionType":"section","heading":"Guarantee of bookmakers against defaults in payment of wagers","content":"\t94A Guarantee of bookmakers against defaults in payment of wagers\n\nS. 94A(1AA) inserted by No. 73/1996  \ns. 75(1), amended by No. 19/2002 s. 17(1).\n\n(1AA) In this section—\n\nS. 94A(1AA) def. of  \n*bond* inserted by No. 73/2008 s. 17(1).\n\n***bond*** includes a guarantee;\n\nS. 94A(1AA) def. of *determined amount* substituted by No. 73/2008 s. 17(2).\n\n***determined amount***, in relation to a bond, class of registered bookmaker or class of wager, means the amount determined by Order under subsection (2B) in respect of that bond, class of registered bookmaker or class of wager.\n\nS. 94A(1AA) def. of *registered bookmaker* repealed by No. 73/2008 s. 17(3).\n\nS. 94A(1) amended by Nos 8603 s. 10(a), 49/1987 s. 18(a), 73/1996  \ns. 75(2), 97/1998 s. 23(1), 19/2002 s. 17(2)(a)(b)  \n(c), 114/2003 s. 12.1.3 (Sch. 6 item 10.8(a)), substituted by No. 73/2008 s. 17(4).\n\n(1) The Commission, with the approval of the Minister, may—\n\nS. 94A(1)(a) amended by No. 56/2014 s. 63(4).\n\n(a) arrange with the Victorian Bookmakers Association Limited ACN 004 236 677 (***the Company***) for the Company to lodge with the Commission a bond in the determined amount, in the circumstances and to the extent provided by this section, to satisfy defaults made by registered bookmakers or their approved substitutes in the payment of wagers to persons betting with them in accordance with section 4, a club betting permit or section 2.2.5 of the **Gambling Regulation Act 2003**; or\n\n(b) require a registered bookmaker to make arrangements satisfactory to the Commission for the lodgement of a bond in the determined amount to satisfy defaults made by the bookmaker or the bookmaker's approved substitute.\n\nS. 94A(2) amended by Nos 8603  \ns. 10(b)(i)(ii), 49/1987  \ns. 18(b), 27/1988 s. 8, substituted by No. 73/1996  \ns. 75(3), amended by Nos 19/2002 s. 17(3), 73/2008 s. 17(5).\n\n(2) A bond under subsection (1)(a) remains in force, after being lodged with the Commission, until revoked by notice in writing by the Company addressed to the Commission.\n\nS. 94A(2A) inserted by No. 73/1996  \ns. 75(3), amended by No. 19/2002 s. 17(4)(a)-(c), substituted by No. 73/2008 s. 17(6).\n\n(2A) A bond under subsection (1)(a) may limit the liability of the Company—\n\n(a) in relation to each registered bookmaker who is a member of a class determined by Order under subsection (2B), to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers (not being defaults to which paragraph (b) applies)—\n\n(i) of a total amount of not less than the determined amount in respect of that class of registered bookmaker; or\n\n(ii) if the registered bookmaker is a member of more than one class, of a total amount of not less than the highest determined amount in respect of those classes of registered bookmaker; and\n\n(b) in relation to each registered bookmaker, to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers of a class determined by Order under subsection (2B), of a total amount of not less than the determined amount in respect of that class of wager.\n\nS. 94A(2B) inserted by No. 73/1996  \ns. 75(3), amended by No. 19/2002 s. 17(5), substituted by No. 73/2008 s. 17(7).\n\n(2B) The Governor in Council, by Order published in the Government Gazette, may determine for the purposes of this section—\n\n(a) the amount of a bond referred to in subsection (1)(a) or (b); and\n\n(b) classes of registered bookmaker and an amount in respect of each class; and\n\n(c) classes of wager and an amount in respect of each class.\n\nS. 94A(2C) inserted by No. 19/2002 s. 17(6).\n\n(2C) If an Order is made under subsection (2B), the Order is to be taken not to apply in respect of any wager made before the commencement of that Order.\n\nS. 94A(3) substituted by No. 97/1998 s. 23(2), amended by Nos 19/2002 s. 17(7), 73/2008 s. 17(8).\n\n(3) The revocation of a bond under subsection (1)(a) does not affect the liability of the Company to make any payment due under the conditions of the bond in respect of defaults occurring in the payment of wagers made in accordance with—\n\nS. 94A(3)(c) amended by Nos 114/2003 s. 12.1.3 (Sch. 6 item 10.8(a)), 56/2014 s. 63(4).\n\nwhile the bond was in force.\n\nS. 94A(4) substituted by No. 97/1998 s. 23(2), amended by Nos 19/2002 s. 17(8)(a)–(c), 73/2008 s. 17(9).\n\n(4) If a registered bookmaker, or his or her substitute, has defaulted in the payment of a wager made in accordance with—\n\nS. 94A(4)(c) amended by Nos 114/2003 s. 12.1.3(Sch. 6 item 10.8(a)), 56/2014 s. 63(4).\n\nthe Company is not liable to satisfy the default unless the backer who made the wager makes a written complaint, either to the Company  or to the relevant authority.\n\nS. 94A(5) substituted by No. 97/1998 s. 23(2).\n\n(5) A complaint must be made—\n\nS. 94A(5)(a) amended by Nos 19/2002 s. 17(9)(a)(b), 73/2008 s. 17(10).\n\n(a) if the backer paid the amount to the registered bookmaker, or his or her substitute, at the time the wager was made, within 60 days after the day of the race meeting or sport in respect of which the wager was made; or\n\nS. 94A(5)(b) amended by Nos 19/2002 s. 17(9)(a)(b), 73/2008 s. 17(11).\n\n(b) if the backer did not pay the amount to the registered bookmaker, or his or her substitute, at the time the wager was made, within 21 days after the day of the race meeting or sport in respect of which the wager was made.\n\nS. 94A(5A) inserted by No. 97/1998 s. 23(2)*,* amended by Nos 19/2002 s. 17(10)(a), 73/2008 s. 17(12).\n\n(5A) If the registration of a bookmaker has been revoked, surrendered or suspended, the Commission, or, at the direction of the Commission, any person or body to whom a complaint may be made under subsection (4) may, for the purposes of subsection (5B), do all or any of the following—\n\n(a) publish notice of that revocation, surrender or suspension; or\n\nS. 94A(5A)(b) amended by Nos 19/2002 s. 17(10)(b)  \n(i)(ii), 73/2008 s. 17(13).\n\n(b) give a notice to any backer who has made a wager with the registered bookmaker, or his or her substitute, of that revocation, surrender, or suspension.\n\nS. 94A(5B) inserted by No. 97/1998 s. 23(2)*,* amended by Nos 19/2002 s. 17(11)(a)(b), 73/2008 s. 17(14).\n\n(5B) Despite subsection (5), a backer who had placed a wager with a registered bookmaker, or his or her substitute, in respect of whom notice has been given under subsection (5A), may make a complaint if—\n\n(a) the complaint is made within 14 days after the publication or giving of the notice, as the case requires; and\n\n(b) if the wager, in respect of which the complaint is made—\n\nS. 94A  \n(5B)(b)(i) amended by Nos 19/2002 s. 17(11)(c), 73/2008 s. 17(15).\n\n(i) was made within the 21 days immediately before the bookmaker's registration, was revoked, surrendered or suspended; and\n\nS. 94A  \n(5B)(b)(ii) amended by Nos 19/2002 s. 17(11)(d)  \n(i)(ii), 73/2008 s. 17(16).\n\n(ii) is a wager in respect of which the backer did not pay the amount to the registered bookmaker, or his or her substitute, at the time of the wager.\n\nS. 94A(5C) inserted by No. 97/1998 s. 23(2), amended by No. 73/2008 s. 17(17).\n\n(5C) A person or body who receives a complaint must, by the end of the next business day after receiving the complaint, forward the complaint to the Commission.\n\nS. 94A(5D) inserted by No. 97/1998 s. 23(2), amended by Nos 19/2002 s. 17(12)(a)  \n(b)(c), 73/2008 s. 17(18).\n\n(5D) If the Commission receives a complaint, forwarded under subsection (5C), about a registered bookmaker, or his or her substitute, the Commission may, whether or not it conducts an investigation into the circumstances of the making of the wager, cause a demand in writing to be made on the Company for the Company to pay to the Commission the amount of the default within 14 days after the date of the demand.\n\nS. 94A(6) amended by Nos 19/2002 s. 17(13), 73/2008 s. 17(19).\n\n(6) Upon receiving payment from the Company of the amount of any such default the Commission shall cause that amount to be paid to the backer in satisfaction of the default.\n\nS. 94A(7) substituted by No. 97/1998 s. 23(3)*,* amended by Nos 19/2002 s. 17(14)(a)  \n(b)(c), 73/2008 s. 17(20).\n\n(7) Where the total amount of all defaults made by a registered bookmaker, or his or her substitute, on wagers made in accordance with—\n\nS. 94A(7)(c) amended by Nos 114/2003 s. 12.1.3(Sch. 6 item 10.8(a)), 56/2014 s. 63(4).\n\nexceeds the limit of the liability of the Company in relation to them under the bond, the Commission must determine the proportions in which moneys becoming available for the satisfaction of defaults is distributed among the backers in respect of whose wagers defaults were made.\n\nS. 94A(8) amended by Nos 19/2002 s. 17(15), 73/2008 s. 17(21), 25/2023 s. 7(Sch. 1 item 22).\n\n(8) If default is made by the Company in payment to the Commission of any amount demanded by the Commission under subsection (5) of this section in satisfaction of a default the bond shall be forfeited and the amount thereof may be recovered as a debt due to His Majesty.\n\nS. 94A(9) amended by Nos 9549 s. 2(1)(Sch. item 188), 19/2002 s. 17(15).\n\n(9) Any moneys recovered from the Company in respect of a bond so forfeited shall first be paid in satisfaction of any defaults outstanding in the payment of wagers at the time of the recovery and the balance shall be paid to the Consolidated Fund.\n\nS. 94A(10) amended by No. 73/2008 s. 17(22).\n\n(10) Where the moneys recovered in respect of a forfeited bond are not sufficient to satisfy all defaults outstanding at the time of the recovery thereof the Commission shall cause the moneys recovered to be distributed rateably among the backers in respect of whose wagers certificates have been received by the Commission under subsection (5) of this section.\n\nS. 94A(10A) inserted by No. 56/2014 s. 63(5).\n\n(10A) In this section—\n\n(a) a reference to a person betting in accordance with section 2.2.5 of the **Gambling Regulation Act 2003** is a reference to a person betting in a betting game conducted in accordance with that section; and\n\n(b) a reference to a wager made in accordance with section 2.2.5 of the **Gambling Regulation Act 2003** is a reference to a wager made in a betting game conducted in accordance with that section.\n\nS. 94A(11) inserted by No. 97/1998 s. 23(4).\n\n(11) In this section—\n\nS. 94A(11) def. of *relevant authority* amended by Nos 35/2001 s. 6(Sch. 1 item 15), 114/2003 s. 12.1.3 (Sch. 6 item 10.8 (a)(b)), 73/2008 s. 17(23), 56/2014 s. 63(6).\n\n***relevant authority*** means—\n\n(a) in the case of a wager made in accordance with section 4(4)(a), the holder of the licence, permit or authorisation which allowed the race‑meeting, at which the wager was made, to be held; or\n\n(b) in the case of a wager made in accordance with section 4(4)(b), Racing Victoria; or\n\n(c) in the case of a wager made in accordance with a club betting permit, the permit holder; or\n\n(d) in the case of a wager made in accordance with section 2.2.5 of the **Gambling Regulation Act 2003**, the person or body to whom approval was issued under that section.\n\nS. 95 amended by Nos 6886 s. 3, 49/1987 s. 23(a), repealed by No. 2/2022 s. 24.\n\nPt 4A (Heading and ss 95A–95F) inserted by No. 92/2005 s. 4.\n\nPart IVA—Racing Victoria Centre land\n\nS. 95A inserted by No. 92/2005 s. 4.\n\n","sortOrder":199},{"sectionNumber":"95A","sectionType":"section","heading":"Application of Part","content":"\t95A Application of Part\n\nThis Part has effect despite anything to the contrary in **The** **Victoria Racing Club Act 1871**, **The** **Victoria Racing Club Act 1956**, the **Land Act 1958**, the **Crown Land (Reserves) Act 1978** or any other Act, law, lease or other instrument.\n\nS. 95B inserted by No. 92/2005 s. 4.\n\n","sortOrder":200},{"sectionNumber":"95B","sectionType":"section","heading":"Definition","content":"\t95B Definition\n\n***Racing Victoria Centre land*** means Crown Allotment 28F of Section 2, in the Parish of Doutta Galla, County of Bourke, being an area of 2⋅229 hectares.\n\nS. 95C inserted by No. 92/2005 s. 4.\n\n","sortOrder":201},{"sectionNumber":"95C","sectionType":"section","heading":"Surrender of Racing Victoria Centre land","content":"\t95C Surrender of Racing Victoria Centre land\n\n(1) The chairman of the committee of the Victoria Racing Club, by instrument, may surrender to the Crown the Racing Victoria Centre land which is vested in the chairman to be held on trust for the Victoria Racing Club under **The Victoria Racing Club Act 1871** and described in Crown lease Volume 10757 Folio 757.\n\n(2) On the surrender of the land under subsection (1)—\n\n(a) Crown lease Volume 10757 Folio 757 is revoked; and\n\n(b) the chairman of the committee of the Victoria Racing Club is freed and discharged from all further duties and liabilities under any trust in respect of that land; and\n\n(c) the Racing Victoria Centre land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.\n\nS. 95D inserted by No. 92/2005 s. 4.\n\n","sortOrder":202},{"sectionNumber":"95D","sectionType":"section","heading":"Crown lease","content":"\t95D Crown lease\n\n(1) On or after the surrender of the Racing Victoria Centre land under section 95C, the Governor in Council, on behalf of the Crown, may grant a lease of the Racing Victoria Centre land to Racing Victoria for the purposes of the administration of horse racing, including—\n\n(a) the use of that land for purposes connected with and for the benefit of horse racing and other sports in Victoria; and\n\n(b) training, research and analytical testing.\n\n(2) A lease under subsection (1) may be for an initial term not exceeding 64 years.\n\n(3) A lease granted under subsection (1)—\n\n(a) may contain provision for the term of the lease to be extended one or more times, but—\n\n(i) each extension of the term must not exceed 64 years; and\n\n(ii) the aggregate of the initial term and any extensions of the term must not exceed 99 years; and\n\n(b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and\n\n(c) is subject to any other covenants, exceptions, reservations and conditions that are determined by the Governor in Council.\n\nS. 95E inserted by No. 92/2005 s. 4.\n\n","sortOrder":203},{"sectionNumber":"95E","sectionType":"section","heading":"Power to enter agreements to use, sub-lease or assign interest in Racing Victoria Centre land","content":"\t95E Power to enter agreements to use, sub-lease or assign interest in Racing Victoria Centre land\n\n(1) Subject to subsection (2), on or after the granting a Crown lease of the Racing Victoria Centre land under section 95D, Racing Victoria may use, sub‑let or assign its interest in the Racing Victoria Centre land or any part of that land if, in the opinion of Racing Victoria the use, letting or assignment—\n\n(a) is for a purpose consistent with the purposes specified in section 95D; and\n\n(b) will not prevent or hinder Racing Victoria from carrying out its functions.\n\n(2) Racing Victoria must obtain the written approval of the Minister before exercising a power under subsection (1).\n\n(3) An agreement to use, a sub-lease or an assignment of an interest entered into under this section—\n\n(a) may be for a term determined by Racing Victoria not exceeding 21 years; and\n\n(b) is subject to any other covenants, exceptions, reservations and conditions that are determined by Racing Victoria.\n\nS. 95F inserted by No. 92/2005 s. 4.\n\n","sortOrder":204},{"sectionNumber":"95F","sectionType":"section","heading":"Registrar of Titles to make necessary amendments","content":"\t95F Registrar of Titles to make necessary amendments\n\nThe Registrar of Titles, on being requested to do so, must make any recordings in or amendments to the Register under the **Transfer of** **Land Act 1958** that are necessary because of the operation of any provision of this Part.\n\nPt 4B (Heading and ss 95G–95U) inserted by No. 37/2018 s. 34.\n\nPart IVB—Victorian Racing Integrity Board\n\nS. 95G inserted by No. 37/2018 s. 34.\n\n\t95G Establishment of the Victorian Racing Integrity Board\n\nThe Victorian Racing Integrity Board is established.\n\nS. 95H inserted by No. 37/2018 s. 34.\n\n\t95H Functions and powers of the Integrity Board\n\n(1) The Integrity Board has the following functions—\n\n(a) to oversee relationships between the controlling bodies of Racing Victoria, Greyhound Racing Victoria and Harness Racing Victoria and their integrity staff;\n\n(b) to endorse an annual integrity plan for each controlling body;\n\n(c) to review and provide recommendations related to integrity resourcing and the integrity budgets of each controlling body;\n\n(d) to advise and make recommendations to the controlling bodies relating to—\n\n(i) integrity policy; and\n\n(ii) participant licensing policies; and\n\n(iii) licensing procedures;\n\n(e) to review proposals for new or amended rules of racing as they relate to integrity and make recommendations in relation to the rules as they relate to integrity;\n\n(f) to receive complaints made by a member or a Director of a board of a controlling body, an integrity manager (however designated) or the Chief Steward or Deputy Chief Steward about integrity issues within a controlling body;\n\n(g) subject to section 95N, to refer complaints made by a person referred to in paragraph (f) to the Racing Integrity Commissioner for investigation or investigate complaints not within the powers of the Racing Integrity Commissioner;\n\n(h) to liaise with the Racing Integrity Commissioner and external agencies regarding integrity matters;\n\n(i) to maintain an effective working relationship with the boards of the controlling bodies;\n\n(j) to consider and provide direction in relation to any form of disciplinary action that a controlling body proposes to take against a senior member of an integrity department in relation to internal integrity matters;\n\n(k) to oversee the development of a memorandum of understanding or a shared services agreement between the controlling bodies;\n\n(l) issue directions to controlling bodies regarding integrity matters.\n\n(2) The Integrity Board has any other functions conferred on it by or under this Act or any other Act.\n\n(3) The Integrity Board has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n\nS. 95HA inserted by No. 2/2022 s. 25.\n\n\t95HA Integrity Board may delegate certain functions to Chairperson or Deputy Chairperson\n\nThe Integrity Board may delegate—\n\n(a) the function set out in section 95H(1)(d) to the Chairperson or the Deputy Chairperson with knowledge of the racing code to which a policy or procedure referred to in that section relates; or\n\n(b) the function set out in section 95H(1)(e) to the Chairperson or the Deputy Chairperson with knowledge of the racing code to which the rules of racing referred to in that section relate; or\n\n(c) the function set out in section 95H(1)(f) to the Chairperson or the Deputy Chairperson with knowledge of the racing code to which the complaint referred to in that section relates; or\n\n(d) the function set out in section 95H(1)(l) to the Chairperson or the Deputy Chairperson with knowledge of the racing code to which the direction referred to in that section relates.\n\nS. 95I inserted by No. 37/2018 s. 34.\n\n","sortOrder":205},{"sectionNumber":"95I","sectionType":"section","heading":"Membership of Integrity Board","content":"\t95I Membership of Integrity Board\n\n(1) The Integrity Board consists of not less than 7 and no more than 9 members appointed by the Governor in Council on the recommendation of the Minister of whom—\n\n(a) one is to be the Chairperson; and\n\n(b) 3 are to be Deputy Chairpersons.\n\n(2) The Chairperson must be a person who is an Australian lawyer with not less than 7 years experience as an Australian lawyer.\n\n(3) The Deputy Chairpersons must be persons whom the Minister believes have the requisite knowledge of the relevant racing code being—\n\n(a) a Deputy Chairperson with knowledge in greyhound racing; and\n\n(b) a Deputy Chairperson with knowledge in harness racing; and\n\n(c) a Deputy Chairperson with knowledge in thoroughbred racing.\n\n(4) The other members of the Integrity Board must be persons who the Minister believes have the skills, experience and knowledge necessary to assist the Board to carry out its functions.\n\n(5) The following persons are not eligible for appointment as a member of the Integrity Board—\n\n(a) a person who is a current director, board member or employee of a controlling body or a racing club;\n\n(b) a person who has or obtains a financial or proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse;\n\n(c) a person who is registered or licensed by a controlling body under the rules.\n\nS. 95J inserted by No. 37/2018 s. 34.\n\n","sortOrder":206},{"sectionNumber":"95J","sectionType":"section","heading":"Terms and conditions of office","content":"\t95J Terms and conditions of office\n\n(1) A member of the Integrity Board holds office—\n\n(a) for a term not exceeding 4 years specified in the member's instrument of appointment; and\n\n(b) on the terms and conditions specified in the member's instrument of appointment.\n\n(2) A member of the Integrity Board is entitled to be paid remuneration, allowances and expenses determined by the Governor in Council and specified in the member's instrument of appointment.\n\n(3) A member of the Integrity Board is eligible for reappointment.\n\nS. 95K inserted by No. 37/2018 s. 34.\n\n","sortOrder":207},{"sectionNumber":"95K","sectionType":"section","heading":"Vacancies, resignations and removal from office","content":"\t95K Vacancies, resignations and removal from office\n\n(1) The office of a member of the Integrity Board becomes vacant if—\n\n(a) the member's term expires and the member is not reappointed; or\n\n(b) the member becomes a director, board member or employee of a controlling body or a racing club; or\n\n(c) the member has or obtains a financial or proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse; or\n\n(d) the member is registered or licensed by a controlling body under the rules; or\n\n(e) the member resigns; or\n\n(f) the member is unable to perform the functions and duties of the office for any reason; or\n\n(g) the member is removed from office under subsection (3).\n\n(2) A member may resign by delivering a signed letter of resignation to the Minister.\n\n(3) Subject to subsection (4), on the recommendation of the Minister, the Governor in Council may remove a member from office.\n\n(4) The Minister must not make a recommendation under subsection (3) unless the Minister is of the opinion that the member should be removed because—\n\n(a) the member's actions or behaviour are, or are likely to be, detrimental to the proper functioning of the Integrity Board; or\n\n(b) the member is otherwise unfit to hold office.\n\nS. 95L inserted by No. 37/2018 s. 34.\n\n","sortOrder":208},{"sectionNumber":"95L","sectionType":"section","heading":"Meetings of the Integrity Board","content":"\t95L Meetings of the Integrity Board\n\n(1) The Chairperson may convene meetings of the Integrity Board.\n\n(2) At the request of the Minister, the Chairperson must convene a meeting of the Integrity Board.\n\n(3) At a meeting of the Integrity Board—\n\n(a) the procedure is as determined by the Integrity Board; and\n\n(b) the quorum is 4 members, one of whom must be the Chairperson or a Deputy Chairperson; and\n\n(c) all questions must be decided by a majority of votes of the members present and voting.\n\n(4) Subject to this Act, the Integrity Board may otherwise regulate its own proceedings.\n\nS. 95M inserted by No. 37/2018 s. 34.\n\n","sortOrder":209},{"sectionNumber":"95M","sectionType":"section","heading":"Validity of decisions","content":"\t95M Validity of decisions\n\nAn act or a decision of the Integrity Board is not invalid by reason only of—\n\n(a) a defect or irregularity in, or in connection with, the appointment of the Chairperson, a Deputy Chairperson or any other member; or\n\n(b) a vacancy in the office of a member.\n\nS. 95MA inserted by No. 2/2022 s. 26.\n\n\t95MA Protection from liability for Integrity Board members\n\n(1) A member of the Integrity Board is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or performance of a function under this Act; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or performance of a function under this Act.\n\n(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the member attaches instead to the State.\n\nS. 95N inserted by No. 37/2018 s. 34.\n\n","sortOrder":210},{"sectionNumber":"95N","sectionType":"section","heading":"Integrity Board may receive, review and investigate complaints","content":"\t95N Integrity Board may receive, review and investigate complaints\n\n(1) The Integrity Board may—\n\n(a) receive a complaint made by a member or a Director of a board of a controlling body, an integrity manager (however designated) or the Chief Steward or Deputy Chief Steward about integrity issues within a controlling body; and\n\n(b) review or refer to the Racing Integrity Commissioner for investigation a complaint received under paragraph (a); and\n\n(c) investigate any complaint not within the power of the Racing Integrity Commissioner to investigate.\n\n(2) On receipt of a complaint, the Integrity Board must consult with the Racing Integrity Commissioner about whether the Board or the Commissioner is the appropriate body to investigate the complaint and for that purpose—\n\n(a) the Integrity Board may disclose any relevant information to the Racing Integrity Commissioner; and\n\n(b) the Racing Integrity Commissioner may disclose any relevant information to the Integrity Board.\n\n(3) The Racing Integrity Commissioner may provide guidance to the Integrity Board in relation to the nature or investigation of a complaint.\n\nS. 95O inserted by No. 37/2018 s. 34.\n\n","sortOrder":211},{"sectionNumber":"95O","sectionType":"section","heading":"Controlling body to provide information to Integrity Board","content":"\t95O Controlling body to provide information to Integrity Board\n\n(1) For the purposes of section 95N, the Integrity Board, by written notice, may direct a controlling body to provide to the Board any information relevant to the complaint, or the review or investigation of the complaint by the Board.\n\n(2) A controlling body which receives a direction under subsection (1) must provide the required information to the Integrity Board within the time required by the Board in the direction.\n\n(3) The Integrity Board may provide information obtained under this section to the Racing Integrity Commissioner.\n\nS. 95P inserted by No. 37/2018 s. 34.\n\n","sortOrder":212},{"sectionNumber":"95P","sectionType":"section","heading":"Integrity Board may give directions to controlling body in relation to failure to comply with recommendation","content":"\t95P Integrity Board may give directions to controlling body in relation to failure to comply with recommendation\n\n(1) If a controlling body fails to comply with a recommendation given to the body by the Integrity Board in relation to any matter, the Integrity Board may issue a written direction to the controlling body requiring compliance with the recommendation.\n\n(2) A controlling body which has received a written direction under subsection (1) must comply with the direction.\n\nS. 95Q inserted by No. 37/2018 s. 34.\n\n","sortOrder":213},{"sectionNumber":"95Q","sectionType":"section","heading":"Integrity Board may refer complaint to Racing Integrity Commissioner","content":"\t95Q Integrity Board may refer complaint to Racing Integrity Commissioner\n\n(1) The Integrity Board may refer any complaint referred to in section 95N to the Racing Integrity Commissioner for investigation.\n\n(2) If the Integrity Board refers a complaint to the Racing Integrity Commissioner under subsection (1), the Board—\n\n(a) must cease its review or investigation of the complaint; and\n\n(b) must provide any evidence or information relating to the complaint in the Board's possession to the Racing Integrity Commissioner.\n\n(3) On a referral under subsection (1), the Racing Integrity Commissioner must determine whether the complaint falls within the powers of the Racing Integrity Commissioner to investigate and—\n\n(a) if the complaint is within the Commissioner's power to investigate, must investigate the complaint under Part IA; or\n\n(b) if the complaint is not within the Commissioner's power to investigate, must refer it back to the Integrity Board for investigation by the Board under section 95N.\n\nS. 95R inserted by No. 37/2018 s. 34.\n\n","sortOrder":214},{"sectionNumber":"95R","sectionType":"section","heading":"Controlling body to prepare and submit annual integrity plan to Integrity Board for endorsement","content":"\t95R Controlling body to prepare and submit annual integrity plan to Integrity Board for endorsement\n\n(1) Each controlling body must prepare and submit an annual integrity plan to the Integrity Board for endorsement by the Board.\n\n(2) The Integrity Board—\n\n(a) may require the controlling body to provide further information regarding an annual integrity plan submitted to the Board; and\n\n(b) may make recommendations in relation to an annual integrity plan; and\n\n(c) may require the controlling body to make any changes to the annual integrity plan that the Board requires; and\n\n(d) may endorse the annual integrity plan of a controlling body if satisfied that the plan is in the best interests of the industry.\n\nS. 95S inserted by No. 37/2018 s. 34.\n\n","sortOrder":215},{"sectionNumber":"95S","sectionType":"section","heading":"Integrity Board to advise Minister of certain matters","content":"\t95S Integrity Board to advise Minister of certain matters\n\n(1) Subject to subsection (2), the Integrity Board may advise the Minister of any failure by a controlling body—\n\n(a) to prepare and submit an annual integrity plan to the Board for endorsement under section 95R; or\n\n(b) to consider, respond to or implement a recommendation made by the Board to that controlling body; or\n\n(c) to comply with a direction of the Board.\n\n(2) Before advising the Minister of a failure referred to in subsection (1), the Integrity Board must—\n\n(a) notify the controlling body of the Board's intention to advise the Minister of the failure of the controlling body; and\n\n(b) advise the controlling body that the controlling body, within 14 days of receiving the notification made under paragraph (a), may respond in writing to the Board in respect of that notification.\n\n(3) The Integrity Board must provide the Minister with any written response made by the controlling body under subsection (2)(b).\n\nS. 95T inserted by No. 37/2018 s. 34.\n\n","sortOrder":216},{"sectionNumber":"95T","sectionType":"section","heading":"Integrity Board's annual report","content":"\t95T Integrity Board's annual report\n\nThe Integrity Board must provide an annual report on its operations for the reporting year to the Minister by no later than 30 September in the following year.\n\nS. 95U inserted by No. 37/2018 s. 34.\n\n","sortOrder":217},{"sectionNumber":"95U","sectionType":"section","heading":"Minister to table Integrity Board's annual report before Parliament","content":"\t95U Minister to table Integrity Board's annual report before Parliament\n\nThe Minister must cause a copy of the Integrity Board's annual report on its operations to be laid before each House of the Parliament within 7 sitting days after the Minister receives the report.\n\nPt 5  \n(Heading and ss 96–116) repealed.[[17]](#endnote-18)\n\nS. 116G inserted by No. 6619 s. 4(2), amended by No. 8776 s. 3(2)(a), substituted by No. 10014 s. 6(1), repealed by No. 17/1996  \ns. 40.\n\nS. 116Y repealed.[[18]](#endnote-19)\n\nPt 5 Divs 3–5 repealed.[[19]](#endnote-20)\n\n* * * *\n\nNew Pt 5 (Heading and s. 96) inserted by No. 24/2000 s. 15.\n\nPart V—General\n\nS. 95V inserted by No. 37/2018 s. 24.\n\n\t95V Department may recover costs from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria\n\n(1) The Department may recover any costs in relation to the administration and operation of the Integrity Board and the Victorian Racing Tribunal from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria.\n\n(2) If the Department proposes to recover costs from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria under subsection (1), the Department must notify, in writing, Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria.\n\n(3) The allocation of costs to be recovered by the Department under subsection (1) between Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria may be determined by the Minister from time to time.\n\n(4) The Minister must advise Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria, in writing, of any determination made under subsection (3).\n\n(5) Details of any costs recovered by the Department under subsection (1) must be published in the Department's annual report.\n\nS. 95VA inserted by No. 2/2022 s. 27.\n\n\t95VA Regulations\n\n(1) The Governor in Council may make regulations for or with respect to the following—\n\n(a) licences and permits under Part I, including applications for such licences and permits;\n\n(b) prescribing fees for permits under Part I;\n\n(c) prescribing the returns to be lodged and the periods within which such returns are to be lodged by promoters of greyhound races with the Minister;\n\n(d) prescribing the form of notice that may be issued under section 50S;\n\n(e) prescribing the form and content of the register kept under Part IIIB;\n\n(f) prescribing forms;\n\n(g) prescribing penalties not exceeding 5 penalty units for any contravention of the regulations;\n\n(h) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may—\n\n(a) be of general or limited application; and\n\n(b) differ according to time, place or circumstance; and\n\n(c) confer a discretionary authority or impose a duty on a specified person or body or a specified class of person or body; and\n\n(d) apply, adopt or incorporate any matter contained in any document, whether—\n\n(i) wholly or partially; or\n\n(ii) amended by the regulations; or\n\n(iii) in force at a particular time or as in force from time to time.\n\n(3) The regulations may confer or impose on Harness Racing Victoria such powers and duties as are required or necessary to give effect to Part II, including the power to make rules for or with respect to the matters set out in section 49.\n\n(4) The regulations may confer or impose on Greyhound Racing Victoria such powers and duties as are required or necessary to give effect to Division 3 of Part III, including the power to make rules for or with respect to the matters set out in section 82.\n\nNew s. 96 inserted by No. 24/2000 s. 15.\n\n\t96 Transitional provision on repeal of Part VI\n\nDespite its repeal, Part VI, as in force immediately before the commencement of section 16 of the **National Taxation Reform (Further Consequential Provisions) Act 2000**, continues to apply with respect to amounts paid to the Commissioner of State Revenue by way of stamp duty on bookmakers' statements in respect of bets made at race-meetings held before that commencement.\n\nS. 96AA inserted by No. 19/2002 s. 18.\n\n\t96AA Transitional provision for change in membership of Committee—Racing Acts (Amendment) Act 2002\n\nThe Bookmakers and Bookmakers' Clerks Registration Committee is deemed to be the same body despite the change to its membership made by section 8 of the **Racing Acts (Amendment) Act 2002**.\n\nS. 96A inserted by No. 35/2001 s. 5.\n\n","sortOrder":218},{"sectionNumber":"96A","sectionType":"section","heading":"Transitional provision for introduction of Racing Victoria—Racing (Racing Victoria Ltd) Act 2001","content":"\t96A Transitional provision for introduction of Racing Victoria—Racing (Racing Victoria Ltd) Act 2001\n\n(1) In this section—\n\n***amending Act*** means the **Racing (Racing Victoria Ltd) Act 2001**;\n\n***appointed day*** means the day on which sections 3 and 6 of the amending Act come into operation;\n\n***Club*** means The Victoria Racing Club.\n\n(2) On and from the appointed day—\n\n(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;\n\n(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;\n\n(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;\n\n(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;\n\n(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, is deemed to be an appeal against a decision of Racing Victoria;\n\n(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;\n\n(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;\n\n(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.\n\n(3) On and from the appointed day—\n\n(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;\n\n(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;\n\n(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;\n\n(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.\n\n(4) On and from the appointed day—\n\n(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;\n\n(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;\n\n(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.\n\nS. 96B inserted by No. 35/2001 s. 5.\n\n","sortOrder":219},{"sectionNumber":"96B","sectionType":"section","heading":"Operation of Racing (Racing Victoria Ltd) Act 2001","content":"\t96B Operation of Racing (Racing Victoria Ltd) Act 2001\n\nThis 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.\n\nS. 96C inserted by No. 19/2002 s. 19.\n\n","sortOrder":220},{"sectionNumber":"96C","sectionType":"section","heading":"Transitional provision for change of expiry date of certificates of registration—Racing Acts (Amendment) Act 2002","content":"\t96C Transitional provision for change of expiry date of certificates of registration—Racing Acts (Amendment) Act 2002\n\n(1) Any certificate of registration as a bookmaker issued under Part IV and in force at the commencement of section 9(3) of the **Racing Acts (Amendment) Act 2002** is deemed to cease to have effect on 30 September 2004 unless the certificate is sooner revoked by the Committee or sooner surrendered to the Committee.\n\n(2) Any certificate of registration as a bookmaker's clerk issued under Part IV and in force at the commencement of section 12(3) of the **Racing Acts (Amendment) Act 2002** is deemed to cease to have effect on 30 September 2004 unless the certificate is sooner revoked by the Committee.\n\nS. 96D inserted by No. 52/2009 s. 10.\n\n\t96D Transitional provision for Racing Appeals Tribunal proceedings—Racing Legislation Amendment (Racing Integrity Assurance) Act 2009\n\n(1) In this section—\n\n***commencement day***  means the day on which section 9 of the **Racing Legislation Amendment (Racing Integrity Assurance) Act 2009** comes into operation.\n\n(2) If a hearing of an appeal by the Racing Appeals Tribunal under Part IIIB has begun and is not completed before the commencement day, on and after that day, Part IIIB is to continue to apply with respect to that appeal as if Part IIIB had not been repealed by section 9 of the **Racing Legislation Amendment (Racing Integrity Assurance) Act 2009**.\n\n(3) If an appeal has been made to the Racing Appeals Tribunal under Part IIIB before the commencement day, and the hearing of that appeal has not commenced before that day, on and after that day, the appeal is taken to be an application for review by VCAT under Part IIIBA.\n\nNew Pt 6 (Heading and ss 97–100) inserted by No. 16/2001 s. 27.\n\nPart VI—Transitional provisions\n\nNew s. 97 inserted by No. 16/2001 s. 27.\n\n","sortOrder":221},{"sectionNumber":"97","sectionType":"section","heading":"Definition","content":"\t97 Definition\n\n***amending Act*** means the **Racing and Betting Acts (Amendment) Act 2001**.\n\nNew s. 98 inserted by No. 16/2001 s. 27.\n\n","sortOrder":222},{"sectionNumber":"98","sectionType":"section","heading":"Transitional provision for changes to Harness Racing Victoria—Racing and Betting Acts (Amendment) Act 2001","content":"\t98 Transitional provision for changes to Harness Racing Victoria—Racing and Betting Acts (Amendment) Act 2001\n\nDespite amendments made to section 39 by sections 10 and 11 of the amending Act—\n\n(a) the Board in the name of Harness Racing Victoria is deemed to be the same body after the commencement of those sections as it was before that commencement; and\n\n(b) any person holding office as a member  \nof the Board immediately before the commencement of those amendments, continues to hold office as a member of the Board on and from that commencement on the same terms and conditions as those under which that person held that office immediately before that commencement.\n\nNew s. 99 inserted by No. 16/2001 s. 27.\n\n","sortOrder":223},{"sectionNumber":"99","sectionType":"section","heading":"Transitional provision for change to Greyhound Racing Victoria—Racing and Betting Acts (Amendment) Act 2001","content":"\t99 Transitional provision for change to Greyhound Racing Victoria—Racing and Betting Acts (Amendment) Act 2001\n\nDespite amendments made to section 69 by section 14 of the amending Act, the Board in the name of Greyhound Racing Victoria is deemed to be the same body after the commencement of that section as it was before that commencement.\n\nNew s. 100 inserted by No. 16/2001 s. 27.\n\n","sortOrder":224},{"sectionNumber":"100","sectionType":"section","heading":"Transitional provision for change in registration of greyhounds—Racing and Betting Acts (Amendment) Act 2001","content":"\t100 Transitional provision for change in registration of greyhounds—Racing and Betting Acts (Amendment) Act 2001\n\n(1) Despite the commencement of section 16 of the amending Act, the registration of a greyhound, as in force immediately before that commencement, is deemed to continue in force, as if it had been issued under this Act, as in force on and from the commencement of section 16 of the amending Act.\n\n(2) Despite the commencement of section 16 of the amending Act, any other registration, permission or other authority required under any rules for the registration of greyhounds as in force immediately before the commencement of that section, is deemed to continue in force, as if it had been issued under this Act, as in force on and from the commencement of section 16 of the amending Act.\n\nS. 100A inserted by No. 10/2018 s. 7.\n\n","sortOrder":225},{"sectionNumber":"100A","sectionType":"section","heading":"Saving provision—Racing Amendment (Modernisation) Act 2018","content":"\t100A Saving provision—Racing Amendment (Modernisation) Act 2018\n\nThe repeal of Schedule 1 by section 8 of the **Racing Amendment (Modernisation) Act 2018** does not affect the certification of Racing Victoria made by the Minister under section 3A and published in the Government Gazette on 19 December 2001 and, on the commencement of section 7 of that Act, Racing Victoria is taken to continue to be certified under that certification.\n\nPt 6  \n(Heading) amended by No. 97/1998 s. 24(1), repealed by No. 24/2000 s. 16.\n\nPt 6 Divs 1, 2 repealed.[[20]](#endnote-21)\n\nS. 118 repealed.[[21]](#endnote-22)\n\nS. 119 repealed.[[22]](#endnote-23)\n\nSs 120–125 repealed.[[23]](#endnote-24)\n\nPt 6 Div. 3 (Heading and ss 126, 127) repealed.[[24]](#endnote-25)\n\nPt 6 Div. 4 (Heading and ss 128, 129) repealed.[[25]](#endnote-26)\n\n","sortOrder":226},{"sectionNumber":"Part 7","sectionType":"part","heading":"(Heading","content":"Part 7 (Heading  \nand new  \nss 101, 102) inserted by No. 58/2011 s. 103.\n\nPart VII—Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011\n\nNew s. 101 inserted by No. 58/2011 s. 103.\n\n\t101 Definitions\n\n***commencement day*** means the day on which section 103 of the **Victorian Commission for Gambling and Liquor Regulation Act 2011** comes into operation;\n\n***former Commission*** means the Victorian Commission for Gambling Regulation established by section 10.1.1 of the **Gambling Regulation Act 2003**, as in force immediately before the commencement day;\n\n***new Commission*** means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the **Victorian Commission for Gambling and Liquor Regulation Act 2011**.\n\nNew s. 102 inserted by No. 58/2011 s. 103.\n\n\t102 Things commenced by the former Commission before abolition of former Commission\n\n(a) the former Commission has commenced to do something required or permitted to be done under the Act; and\n\n(b) the former Commission has not completed doing that thing before that day.\n\n(2) On and after the commencement day, the new Commission may continue to do and complete that thing in accordance with the Act, as if the Act had not been amended by the **Victorian Commission for Gambling and Liquor Regulation Act 2011**.\n\n(3) For the purposes of this section, anything done by the former Commission before the commencement day in respect of that thing is, on and after that day, taken to have been done by the new Commission.\n\nPt 8 (Heading and new s. 103) inserted by No. 50/2015 s. 11.\n\nPart VIII—Transitional provisions—Racing Amendment Act 2015\n\nNew s. 103 inserted by No. 50/2015 s. 11.\n\n\t103 Saving of reconstituted Harness Racing Victoria Board\n\nOn and from the commencement of section 6 of the **Racing Amendment Act 2015**, despite the changes made to the membership of the Board of Harness Racing Victoria by that section—\n\n(a) the Board is taken to be the same body as it was immediately before that commencement; and\n\n(b) no decision, matter or thing is to be affected because of those changes; and\n\n(c) a member of the Board who held office  \nas a member immediately before that commencement continues in office after that commencement on the same terms and conditions on which the member held office immediately before that commencement.\n\nPt 9  \n(Heading and new ss 104–106) inserted by No. 17/2016 s. 12.\n\nPart IX—Transitional provisions—Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016\n\nNew s. 104 inserted by No. 17/2016 s. 12.\n\n","sortOrder":227},{"sectionNumber":"104","sectionType":"section","heading":"Definition","content":"\t104 Definition\n\n***amending Act*** means the **Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016**.\n\nNew s. 105 inserted by No. 17/2016 s. 12.\n\n","sortOrder":228},{"sectionNumber":"105","sectionType":"section","heading":"Saving of reconstituted Greyhound Racing Victoria","content":"\t105 Saving of reconstituted Greyhound Racing Victoria\n\n(1) On and after the commencement of section 5 of the amending Act—\n\n(a) the Board is taken to be the same body as it was immediately before that commencement; and\n\n(b) no decision, matter or thing is to be affected because of the amendments made by section 5 of the amending Act; and\n\n(c) a member of the Board who held office as a member immediately before that commencement continues in office, subject to this Act, after that commencement on the same terms and conditions on which the member held office immediately before that commencement.\n\n(2) Subsection (1) has effect despite anything to the contrary in section 69 as amended by section 5 of the amending Act.\n\n***Board*** has the same meaning as in Part III.\n\nNew s. 106 inserted by No. 17/2016 s. 12.\n\n","sortOrder":229},{"sectionNumber":"106","sectionType":"section","heading":"Saving of reconstituted GRV Racing Appeals and Disciplinary Board","content":"\t106 Saving of reconstituted GRV Racing Appeals and Disciplinary Board\n\n(1) On and after the commencement of section 11 of the amending Act—\n\n(a) the GRV Racing Appeals and Disciplinary Board is taken to be the same body as it was immediately before that commencement; and\n\n(b) no decision, matter or thing is to be affected because of the amendments made by section 11 of the amending Act; and\n\n(c) a member of the GRV Racing Appeals and Disciplinary Board who held office as a member immediately before that commencement continues in office, subject to this Act, after that commencement on the same terms and conditions on which the member held office immediately before that commencement.\n\n(2) Subsection (1) has effect despite anything to the contrary in section 83D as amended by section 11 of the amending Act.\n\n***GRV Racing Appeals and Disciplinary Board*** has the same meaning as in Part IIIA.\n\nPt 10 (Heading and new ss 107–110) inserted by No. 37/2018 s. 25.\n\nPart X—Transitional provisions—Racing Amendment (Integrity and Disciplinary Structures) Act 2018\n\nNew s. 107 inserted by No. 37/2018 s. 25.\n\n","sortOrder":230},{"sectionNumber":"107","sectionType":"section","heading":"Definitions","content":"\t107 Definitions\n\n***commencement day*** means the day on which Part 3 of the 2018 Act comes into operation;\n\n***2018 Act*** means the **Racing Amendment (Integrity and Disciplinary Structures) Act 2018**.\n\nNew s. 108 inserted by No. 37/2018 s. 25.\n\n","sortOrder":231},{"sectionNumber":"108","sectionType":"section","heading":"Transition of Racing Appeals and Disciplinary Boards to the Victorian Racing Tribunal","content":"\t108 Transition of Racing Appeals and Disciplinary Boards to the Victorian Racing Tribunal\n\n(a) a person is charged with a serious offence under the rules and the serious offence—\n\n(i) has been part heard by the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board and has not been determined by the relevant Board; or\n\n(ii) has not been heard or determined by the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board; or\n\n(b) a person has lodged an appeal against a Steward's decision with the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board and the appeal has not been heard or determined by the relevant Board; or\n\n(c) any other proceeding has commenced with the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board and the proceeding has not been determined by the relevant Board.\n\n(2) Despite the repeal of section 5G by the 2018 Act, the substitution of Part IIA by the 2018 Act and the repeal of Part IIIA by the 2018 Act, section 5G, Part IIA and Part IIIA as in force immediately before the commencement day continue to apply until the hearing, the appeal or the proceeding is completed by the relevant Board.\n\n(3) For the purposes of this section, a member of the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board who held office as a member immediately before the commencement day continues in office as a member of the relevant Board on and after the commencement day until the hearing of the charge for the serious offence, the appeal or the proceeding is completed by the relevant Board.\n\nNew s. 109 inserted by No. 37/2018 s. 25.\n\n","sortOrder":232},{"sectionNumber":"109","sectionType":"section","heading":"Review of decisions of Racing Appeals and Disciplinary Boards","content":"\t109 Review of decisions of Racing Appeals and Disciplinary Boards\n\n(a) a person whose interests are affected by a decision of a Racing Appeals and Disciplinary Board under section 83OH(1) proposes to apply to VCAT for a review of that decision; or\n\n(b) a Steward proposes to apply to VCAT for a review of a decision made by a Racing Appeals and Disciplinary Board under section 83OH(2).\n\n(2) Despite the substitution of section 83OH by the 2018 Act, the person or the Steward may apply to VCAT for review on and after the commencement day if the time limit for applying for a review under section 83OI as in force immediately before the commencement day has not expired.\n\n(3) Despite the substitution of section 83OH by the 2018 Act, VCAT may conduct the review under the **Victorian Civil and Administrative Tribunal Act 1998** on and after the commencement day as if—\n\n(a) section 83OH had not been substituted by the 2018 Act; and\n\n(b) Part 16D of Schedule 1 to the **Victorian Civil and Administrative Tribunal Act 1998** had not been enacted.\n\nNew s. 110 inserted by No. 37/2018 s. 25.\n\n","sortOrder":233},{"sectionNumber":"110","sectionType":"section","heading":"Review of decisions by VCAT","content":"\t110 Review of decisions by VCAT\n\n(a) a person or a Steward has applied to VCAT for a review of a decision made by a Racing Appeals and Disciplinary Board under section 83OH; and\n\n(b) the review has not been finalised by VCAT.\n\n(2) Despite the substitution of section 83OH by the 2018 Act, VCAT may continue to conduct the review under the **Victorian Civil and Administrative Tribunal Act 1998** on and after the commencement day as if—\n\n(a) section 83OH had not been substituted by the 2018 Act; and\n\n(b) Part 16D of Schedule 1 to the **Victorian Civil and Administrative Tribunal Act 1998** had not been enacted.\n\nPt 11 (Heading and new s. 111) inserted by No. 2/2022 s. 28.\n\nPart XI—Transitional provisions—Racing Amendment Act 2022\n\nNew s. 111 inserted by No. 2/2022 s. 28.\n\n\t111 Saving of regulations\n\n(1) Despite the repeal of section 36 by the **Racing Amendment Act 2022**, the Racing (Specified Race-course) Regulations 2016, as in force immediately before that repeal—\n\n(i) 13 September 2026; or\n\n(ii) if the regulations are revoked before 13 September 2026, the day on which they are revoked; and\n\n(2) Despite the repeal of section 68 by the **Racing Amendment Act 2022**, the Racing (Public Interest Disclosures) Regulations 2019, as in force immediately before that repeal, to the extent those regulations were made under section 68—\n\n(i) 17 December 2029; or\n\n(ii) if the regulations are revoked before 17 December 2029, the day on which they are revoked; and\n\n(3) Despite the repeal of sections 50ZL and 83OG by the **Racing Amendment Act 2022**, the Racing (Integrity and Disciplinary Structures) Regulations 2019, as in force immediately before the repeal of those sections—\n\n(i) 30 July 2029; or\n\n(ii) if the regulations are revoked before 30 July 2029, the day on which they are revoked; and\n\nSchedules\n\nSchs 1–4 repealed.[[26]](#endnote-27)\n\nNew Sch. 1 inserted by No. 35/2001 s. 6(Sch. 2), repealed by No. 10/2018 s. 8.\n\nNew Sch. 2 inserted by No. 55/2005 s. 5.\n\nSchedule 2––Specified race-courses\n\n**Item 1—Beckley Park**\n\n| *Situation of land* | *Instrument and date of reservation* | *Description of land by reference to Government Gazette* | *Purpose of reservation* |\n| 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 |\n\n**Item 2—Caulfield Racecourse**\n\n| Parish of Prahran at Caulfield, County of Bourke, being Crown Allotment A, subject to two reservations | Volume 7275 Folio 814 |\n\n**Item 3—Cranbourne Racecourse**\n\n| *Situation of land* | *Instrument and date of reservation* | *Description of land by reference to Government Gazette* | *Purpose of reservation* |\n| 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 |\n| 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 |\n\n**Item 4—Flemington Racecourse**\n\n| *Situation of land* | *Certificate of Title details* |\n| 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 |\n| Parish of Doutta Galla, County of Bourke, being Crown Allotment 28F section 2 | Crown Lease: Volume 10757 Folio 757 |\n| 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 |\n\n**Item 5—Geelong Racecourse**\n\n| *Situation of land* | *Instrument and date of reservation* | *Description of land by reference to Government Gazette* | *Purpose of reservation* |\n| 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 |\n| 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 |\n\n**Item 6—Kilmore Racing Complex**\n\n| *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* | |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- |\n| 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 | |\n| 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 | |\n| 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 | |\n| 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 | |\n\n**Item 7—Moonee Valley Racecourse**\n\n| *Situation of land* | | *Crown Grant or Certificate of Title details* |\n| --- | --- | --- |\n| 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 |\n| 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 |\n| 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 |\n| 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 | |\n| 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 | |\n\n**Item 8—Mornington Racecourse**\n\n| *Situation of Land* | *Instrument and date of reservation* | *Description of land by reference to Government Gazette* | *Purpose of reservation* |\n| 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 |\n\n**Item 9—Pakenham Racecourse**\n\n| 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 |\n| 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 |\n| Parish of Nar-nar-goon, County of Mornington, being Lot 3 on Plan of Subdivision 210772N | Volume 9884 Folio 194 |\n| Parish of Nar-nar-goon, County of Mornington, being Crown Allotment 42A, freehold | Volume 10115 Folio 011 |\n| Parish of Nar-nar-goon, County of Mornington, being land in Plan of Consolidation 100914 | Volume 8944 Folio 332 |\n\n**Item 10—Sandown Park**\n\n| 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 |\n\n**Item 11—Sandown Racecourse**\n\n| 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 |\n\n**Item 12—The Meadows Racecourse**\n\n| Parish of Will-will-rook, County of Bourke, being Lot 4 on Plan of Subdivision 348064G | Volume 10389 Folio 017 |\n\n**Item 13—Werribee Racecourse**\n\n| *Situation of land* | *Instrument and date of reservation* | *Description of land by reference to Government Gazette* | *Purpose of reservation* |\n| 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 |\n\n**Item 14—Yarra Valley Racecourse**\n\n| *Situation of land* | *Instrument and date of reservation* | *Description of land by reference to Government Gazette* | *Purpose of reservation* |\n| Parish of Tarrawarra, County of Evelyn, being Crown Allotment 23B Section B |  |  |  |\n| 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 |\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Racing Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n","sortOrder":234},{"sectionNumber":"2","sectionType":"section","heading":"Table of Amendments","content":"2 Table of Amendments\n\nThis publication incorporates amendments made to the **Racing Act 1958** by Acts and subordinate instruments.\n\n**Racing (Amendment) Act 1958, No. 6462/1958** (as amended by No. 6489)\n\n| *Assent Date:* | 9.12.58 |\n| *Commencement Date:* | 9.12.58 |\n\n**Racing (Meetings) Act 1959, No. 6574/1959**\n\n| *Assent Date:* | 1.12.59 |\n| *Commencement Date:* | 1.12.59 |\n\n**Anzac Day Act 1960, No. 6607/1960** (as amended by No. 9549)\n\n| *Assent Date:* | 7.4.60 |\n| *Commencement Date:* | 7.4.60 |\n\n**Racing (Totalizators Extension) Act 1960, No. 6619/1960**\n\n| *Assent Date:* | 1.6.60 |\n| *Commencement Date:* | S. 3(1)(b)(2) on 1.6.60: s. 1(3); rest of Act on 20.7.60: Government Gazette 20.7.60 p. 2508 |\n\n**Racing (Dog Races) Act 1960, No. 6638/1960**\n\n| *Assent Date:* | 7.6.60 |\n| *Commencement Date:* | 1.8.60: Government Gazette 29.6.60 p. 2149 |\n\n**Racing (Trotting Races) Act 1960, No. 6678/1960**\n\n| *Assent Date:* | 29.11.60 |\n| *Commencement Date:* | 29.11.60 |\n\n**Racing (Bookmakers' Course Agents) Act 1961, No. 6790/1961**\n\n| *Assent Date:* | 31.10.61 |\n| *Commencement Date:* | 5.3.62: Government Gazette 25.2.62 p. 570 |\n\n**Racing (Off-Course Doubles Totalizators) Act 1961, No. 6836/1961**\n\n| *Assent Date:* | 12.12.61 |\n| *Commencement Date:* | Ss 4, 10 on 20.12.61; s. 5 on 26.12.61: Government Gazette 20.12.61 p. 4336; rest of Act on 18.4.62: Government Gazette 18.4.62 p. 1400 |\n\n**Racing (Anzac Day) Act 1962, No. 6851/1962**\n\n| *Assent Date:* | 3.4.62 |\n| *Commencement Date:* | 3.4.62 |\n\n**Statute Law Revision Act 1962, No. 6867/1962**\n\n| *Assent Date:* | 16.4.62 |\n| *Commencement Date:* | 16.4.62: subject to ss 3, 4 |\n\n**Subordinate Legislation Act 1962, No. 6886/1962**\n\n| *Assent Date:* | 8.5.62 |\n| *Commencement Date:* | 1.8.62: Government Gazette 4.7.62 p. 2314 |\n\n**Racing (Dog Racing Control Board) Act 1962, No. 6954/1962**\n\n| *Assent Date:* | 11.12.62 |\n| *Commencement Date:* | 11.12.62 |\n\n**Racing (Amendment) Act 1962, No. 6962/1962**\n\n| *Assent Date:* | 18.12.62 |\n| *Commencement Date:* | 18.12.62 |\n\n**Racing (Totalizator Percentages) Act 1963, No. 6981/1963**\n\n| *Assent Date:* | 30.4.63 |\n| *Commencement Date:* | 1.4.63: s. 1(3) |\n\n**Racing (Trotting Control) Act 1963, No. 7000/1963**\n\n| *Assent Date:* | 21.5.63 |\n| *Commencement Date:* | 1.8.63: Government Gazette 19.6.63 p. 1847 |\n\n**Victorian Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963, No. 7015/1963**\n\n| *Assent Date:* | 28.5.63 |\n| *Commencement Date:* | S. 12 on 1.8.63: s. 12(2); rest of Act on 28.5.63 |\n\n**Racing (Totalizators) Act 1963, No. 7082/1963**\n\n| *Assent Date:* | 10.12.63 |\n| *Commencement Date:* | Ss 1–3, 5–7, 9–14 on 18.12.63: Government Gazette 18.12.63 p. 3657; ss 4, 8 on 15.1.64: Government Gazette 15.1.64 p. 82; s. 15 on 25.3.64: Government Gazette 25.3.64 p. 641 |\n\n**Racing (Interstate Totalizators) Act 1964, No. 7138/1964**\n\n| *Assent Date:* | 5.5.64 |\n| *Commencement Date:* | 5.5.64 |\n\n**Racing (Amendment) Act 1964, No. 7230/1964**\n\n| *Assent Date:* | 22.12.64 |\n| *Commencement Date:* | 22.12.64 |\n\n**Racing (Totalizator Percentages) Act 1965, No. 7301/1965**\n\n| *Assent Date:* | 26.10.65 |\n| *Commencement Date:* | 26.10.65 |\n\n**Racing (Dog Racing) Act 1965, No. 7351/1965**\n\n| *Assent Date:* | 14.12.65 |\n| *Commencement Date:* | 1.3.66: Government Gazette 16.2.66 p. 599 |\n\n**Racing (Amendment) Act 1966, No. 7404/1966**\n\n| *Assent Date:* | 17.5.66 |\n| *Commencement Date:* | 17.5.66 |\n\n**Racing (Totalizator Percentages) Act 1966, No. 7442/1966**\n\n| *Assent Date:* | 25.10.66 |\n| *Commencement Date:* | 25.10.66 |\n\n**Racing Act 1967, No. 7621/1967**\n\n| *Assent Date:* | 12.12.67 |\n| *Commencement Date:* | S. 4(1) on 1.3.66: s. 4(2); rest of Act on 12.12.67 |\n\n**Racing (Amendment) Act 1968, No. 7684/1968**\n\n| *Assent Date:* | 7.5.68 |\n| *Commencement Date:* | 1.7.68: Government Gazette 29.5.68 p. 1968 |\n\n**Racing (Trotting Meetings) Act 1968, No. 7691/1968**\n\n| *Assent Date:* | 7.5.68 |\n| *Commencement Date:* | 7.5.68 |\n\n**Racing (Amendment) Act 1969, No. 7828/1969**\n\n| *Assent Date:* | 13.5.69 |\n| *Commencement Date:* | Ss 1–8, 10, 11 on 21.5.69: Government Gazette 21.5.69 p. 1505; s. 9 on 1.8.69: Government Gazette 16.7.69 p. 2213 |\n\n**Racing (Trotting Racing) Act 1969, No. 7899/1969**\n\n| *Assent Date:* | 9.12.69 |\n| *Commencement Date:* | 1.1.70: Government Gazette 19.12.69 p. 4136 |\n\n**Racing (Amendment) Act 1970, No. 8080/1970**\n\n| *Assent Date:* | 22.12.70 |\n| *Commencement Date:* | All of Act (*except* ss 5, 13(g)) on 27.1.71: Government Gazette 27.1.71 p. 200; s. 5 on 19.4.71; s. 13(g) on 2.8.71: Government Gazette 16.4.71 pp. 887, 889 |\n\n**Statute Law Revision Act 1971, No. 8181/1971**\n\n| *Assent Date:* | 23.11.71 |\n| *Commencement Date:* | 23.11.71: subject to s. 2(2) |\n\n**Racing (Amendment) Act 1971, No. 8209/1971**\n\n| *Assent Date:* | 14.12.71 |\n| *Commencement Date:* | Ss 1–4, 6, 7, 9, 12, 13, 16, 17, 18, 21 on 15.12.71: Government Gazette 15.12.71 p. 3845; rest of Act on 1.1.72: Government Gazette 22.12.71 p. 3907 |\n\n**Racing (Totalizator Commissions) Act 1972, No. 8269/1972**\n\n| *Assent Date:* | 9.5.72 |\n| *Commencement Date:* | 5.6.72: Government Gazette 24.5.72 p. 1677 |\n\n**Sport and Recreation Act 1972, No. 8344/1972**\n\n| *Assent Date:* | 12.12.72 |\n| *Commencement Date:* | 19.12.72: Government Gazette 13.12.72 p. 3978 |\n\n**Racing (Amendment) Act 1973, No. 8450/1973**\n\n| *Assent Date:* | 30.10.73 |\n| *Commencement Date:* | 31.10.73: Government Gazette 31.10.73 p. 3598 |\n\n**Racing (Further Amendment) Act 1973, No. 8503/1973**\n\n| *Assent Date:* | 11.12.73 |\n| *Commencement Date:* | 11.12.73 |\n\n**Racing (Amendment) Act 1974, No. 8566/1974**\n\n| *Assent Date:* | 14.5.74 |\n| *Commencement Date:* | 22.5.74: Government Gazette 22.5.74 p. 1712 |\n\n**Racing (Further Amendment) Act 1974, No. 8603/1974**\n\n| *Assent Date:* | 26.11.74 |\n| *Commencement Date:* | 4.12.74: Government Gazette 4.12.74 p. 4154 |\n\n**Racing Act 1975, No. 8690/1975**\n\n| *Assent Date:* | 2.5.75 |\n| *Commencement Date:* | 1.8.75: Government Gazette 30.7.75 p. 2708 |\n\n**Racing (Totalizator Commissions) Act 1975, No. 8739/1975**\n\n| *Assent Date:* | 29.10.75 |\n| *Commencement Date:* | 1.11.75: Government Gazette 30.10.75 p. 3715 |\n\n**Racing (Mid-week Racing) Act 1975, No. 8776/1975**\n\n| *Assent Date:* | 25.11.75 |\n| *Commencement Date:* | 25.11.75 |\n\n**Racing (Amendment) Act 1976, No. 8885/1976**\n\n| *Assent Date:* | 19.10.76 |\n| *Commencement Date:* | 19.10.76 |\n\n**Racing (Tabella Totalizators) Act 1977, No. 8975/1977**\n\n| *Assent Date:* | 27.4.77 |\n| *Commencement Date:* | 28.4.77: Government Gazette 27.4.77 p. 1062 |\n\n**Racing (Amendment) Act 1977, No. 8989/1977**\n\n| *Assent Date:* | 10.5.77 |\n| *Commencement Date:* | 10.5.77 |\n\n**Racing (Fees) Act 1977, No. 9038/1977**\n\n| *Assent Date:* | 22.11.77 |\n| *Commencement Date:* | 22.11.77 |\n\n**Racing (Mixed Sports Gatherings) Act 1977, No. 9050/1977**\n\n| *Assent Date:* | 22.11.77 |\n| *Commencement Date:* | 22.11.77 |\n\n**Age of Majority Act 1978, No. 9075/1978**\n\n| *Assent Date:* | 6.12.77 |\n| *Commencement Date:* | 1.2.78: Government Gazette 11.1.78 p. 97 |\n\n**Racing (Amendment) Act 1978, No. 9146/1978**\n\n| *Assent Date:* | 30.5.78 |\n| *Commencement Date:* | 8.6.78: Government Gazette 8.6.78 p. 1641 |\n\n**Racing (Amendment) Act 1978, No. 9201/1978** (as amended by No. 9427)\n\n| *Assent Date:* | 5.12.78 |\n| *Commencement Date:* | All of Act (*except* ss 3, 16–18) on 1.8.78: s. 23; ss 3, 16–18 on 5.12.78: s. 1(3) |\n\n**Crown Land (Reserves) Act 1978, No. 9212/1978**\n\n| *Assent Date:* | 19.12.78 |\n| *Commencement Date:* | 1.3.79: Government Gazette 21.2.79 p. 441 |\n\n**Racing (Restricted Trotting Meetings) Act 1979, No. 9269/1979**\n\n| *Assent Date:* | 10.7.79 |\n| *Commencement Date:* | 10.7.79 |\n\n**Racing (Financial Provisions) Act 1979, No. 9319/1979**\n\n| *Assent Date:* | 18.12.79 |\n| *Commencement Date:* | 18.12.79 |\n\n**Racing (Amendment) Act 1980, No. 9388/1980** (as amended by No. 9549)\n\n| *Assent Date:* | 13.5.80 |\n| *Commencement Date:* | 5.6.80: Government Gazette 5.6.80 p. 1833—see **Acts** **Interpretation Act 1958** |\n\n**Statute Law Revision Act 1980, No. 9427/1980**\n\n| *Assent Date:* | 27.5.80 |\n| *Commencement Date:* | 27.5.80 but see s. 6(2) |\n\n**Racing (Further Amendment) Act 1980, No. 9473/1980** (as amended by No. 9549)\n\n| *Assent Date:* | 23.12.80 |\n| *Commencement Date:* | 25.3.81: Government Gazette 25.3.81 p. 935 |\n\n**Statute Law Revision Act 1981, No. 9549/1981**\n\n| *Assent Date:* | 19.5.81 |\n| *Commencement Date:* | 19.5.81: subject to s. 2(2) |\n\n**Racing (Amendment) Act 1981, No. 9671/1981** (as amended by No. 9902)\n\n| *Assent Date:* | 22.12.81 |\n| *Commencement Date:* | Ss 2, 4, 6, 18, 20, 22(e) on 6.1.82: Government Gazette 6.1.82 p. 5; s. 24(c) on 27.1.82: Government Gazette 27.1.82 p. 264; ss 1, 8–11,    15–17 on 17.2.82: Government Gazette 17.2.82 p. 511; ss 22, 23, 24(a)(b)(d), 25–33 on 3.3.82: Government Gazette 3.3.82 p. 604; ss 3, 5, 7,    12–14, 19, 21 on 2.8.82: Government Gazette 31.3.82 p. 885 |\n\n**Racing (Payment of Dividends) Act 1982, No. 9738/1982**\n\n| *Assent Date:* | 29.6.82 |\n| *Commencement Date:* | 29.6.82 |\n\n**Public Account (Trust Funds) Act 1982, No. 9861/1982**\n\n| *Assent Date:* | 5.1.83 |\n| *Commencement Date:* | 12.1.83: Government Gazette 12.1.83 p. 81 |\n\n**Statute Law Revision Act 1983, No. 9902/1983**\n\n| *Assent Date:* | 15.6.83 |\n| *Commencement Date:* | 15.6.83: subject to s. 2(2) |\n\n**Racing (Amendment) Act 1983, No. 9924/1983** (as amended by Nos 10087, 10133)\n\n| *Assent Date:* | 23.6.83 |\n| *Commencement Date:* | Ss 1, 4–10, 11(1), 12–15 on 5.7.83: Government Gazette 5.7.83 p. 1999; ss 2, 3 on 3.1.84: Government Gazette 26.10.83 p. 3468; ss 11(2), 16 on 18.9.84: Government Gazette 18.9.84 p. 3217 |\n\n**Racing (Further Amendment) Act 1983, No. 10014/1983**\n\n| *Assent Date:* | 13.12.83 |\n| *Commencement Date:* | Ss 1–6 on 14.3.84: Government Gazette 14.3.84 p. 844; s. 7 on 1.6.84: Government Gazette 30.5.84 p. 1673 |\n\n**Statute Law Revision Act 1984, No. 10087/1984**\n\n| *Assent Date:* | 22.5.84 |\n| *Commencement Date:* | 22.5.84: subject to s. 3(2) |\n\n**Racing (Amendment) Act 1985, No. 10184/1985**\n\n| *Assent Date:* | 12.6.85 |\n| *Commencement Date:* | 26.6.85: Government Gazette 26.6.85 p. 2400 |\n\n**Racing (Fixed Percentage Distribution) Act 1985, No. 10193/1985**\n\n| *Assent Date:* | 1.10.85 |\n| *Commencement Date:* | 1.5.86: Government Gazette 16.4.86 p. 898 |\n\n**Lotteries Gaming and Betting (Amendment) Act 1986, No. 19/1986**\n\n| *Assent Date:* | 22.4.86 |\n| *Commencement Date:* | S. 16 on 14.5.86: Government Gazette 14.5.86 p. 1373 |\n\n**Racing (Amendment) Act 1986, No. 28/1986**\n\n| *Assent Date:* | 20.5.86 |\n| *Commencement Date:* | Ss 1–7, 9, 10 on 18.6.86; ss 8, 11–13 on 1.8.86: Government Gazette 18.6.86 p. 2067 |\n\n**Racing (Sunday Racing and Betting) Act 1986, No. 66/1986**\n\n| *Assent Date:* | 23.9.86 |\n| *Commencement Date:* | 23.9.86 |\n\n**Racing (Miscellaneous Amendments) Act 1986, No. 125/1986** (as amended by Nos 49/1987, 41/1989)\n\n| *Assent Date:* | 23.12.86 |\n| *Commencement Date:* | Ss 1–5, 9–12, 14 on 31.1.87: Government Gazette 21.1.87 p. 126; ss 6, 13(a)–(u), (w)–(z) on 17.5.87: Government Gazette 13.5.87 p. 1087; ss 7, 8 on 1.8.87: Government Gazette 15.7.87 p. 1860; s. 13(v) on 4.11.87: Government Gazette 4.11.87 p. 2944 |\n\n**Racing (Amendment) Act 1987, No. 5/1987**\n\n| *Assent Date:* | 31.3.87 |\n| *Commencement Date:* | 31.3.87 |\n\n**Racing (Further Amendment) Act 1987, No. 49/1987**\n\n| *Assent Date:* | 22.9.87 |\n| *Commencement Date:* | 23.9.87: Government Gazette 23.9.87 p. 2520 |\n\n**Racing (Miscellaneous Amendments) Act 1987, No. 92/1987**\n\n| *Assent Date:* | 1.12.87 |\n| *Commencement Date:* | 16.12.87: Government Gazette 16.12.87 p. 3459 |\n\n**Liquor Control Act 1987, No. 97/1987**\n\n| *Assent Date:* | 1.12.87 |\n| *Commencement Date:* | Ss 8, 10–14, 35–38 on 26.4.88: Government Gazette 30.3.88 p. 753; rest of Act (*except* ss 176(3), 177) on 3.5.88: Government Gazette 27.4.88 p. 1044; s. 176(3) repealed by No. 122/1993 s. 26(m); s. 177 repealed by No. 70/1988 s. 6(f) |\n\n**Racing (Amendment) Act 1988, No. 27/1988**\n\n| *Assent Date:* | 17.5.88 |\n| *Commencement Date:* | S. 8 on 23.9.87: s. 2(2); rest of Act on 17.5.88: s. 2(1) |\n\n**Health Services Act 1988, No. 49/1988**\n\n| *Assent Date:* | 24.5.88 |\n| *Commencement Date:* | S. 182 on 14.5.89: Government Gazette 3.5.89 p. 998 |\n\n**Stamps (Further Amendment) Act 1988, No. 65/1988**\n\n| *Assent Date:* | 9.12.88 |\n| *Commencement Date:* | S. 21(3)–(5) on 1.7.87: s. 2(1); s. 24(2) on 1.11.87: s. 2(2); ss 11(1), 21(2), 24(1) on 12.11.87: s. 2(3); ss 9, 20, 22 on 1.12.88: s. 2(4); ss 11(5), 12, 19 on 1.1.89: s. 2(5); rest of Act on 9.12.88: s. 2(6) |\n\n**Racing (Further Amendment) Act 1988, No. 73/1988**\n\n| *Assent Date:* | 15.12.88 |\n| *Commencement Date:* | 21.12.88: Government Gazette 21.12.88 p. 3797 |\n\n**Borrowing and Investment Powers (Amendment) Act 1988, No. 78/1988**\n\n| *Assent Date:* | 20.12.88 |\n| *Commencement Date:* | S. 10(1) on 18.11.87: s. 2(2); rest of Act on 27.4.89: Special Gazette (No. 21) 27.4.89 p. 1 |\n\n**Local Government (Consequential Provisions) Act 1989, No. 12/1989**\n\n| *Assent Date:* | 9.5.89 |\n| *Commencement Date:* | S. 4(1)(Sch. 2 items 103.1–103.4) on 1.11.89: Government Gazette 1.11.89 p. 2798 |\n\n**Racing (Amendment) Act 1989, No. 41/1989**\n\n| *Assent Date:* | 6.6.89 |\n| *Commencement Date:* | S. 9 on 17.5.87: s. 2(2); rest of Act on 1.7.89: Government Gazette 28.6.89 p. 1558 |\n\n**Racing (TAB Surplus) Act 1989, No. 71/1989**\n\n| *Assent Date:* | 28.11.89 |\n| *Commencement Date:* | 9.8.89: s. 2 |\n\n**Racing (Sunday Mixed Sports Gatherings) Act 1991, No. 12/1991**\n\n| *Assent Date:* | 23.4.91 |\n| *Commencement Date:* | 23.4.91 |\n\n**Racing (Miscellaneous Amendments) Act 1991, No. 32/1991**\n\n| *Assent Date:* | 12.6.91 |\n| *Commencement Date:* | 13.6.91: Government Gazette 12.6.91 p. 1530 |\n\n**Gaming Machine Control Act 1991, No. 53/1991**\n\n| *Assent Date:* | 15.10.91 |\n| *Commencement Date:* | S. 162 on 19.11.91: Special Gazette (No. 56) 19.11.91 p. 1 |\n\n**Racing (Betting Competitions and Mixed Sports) Act 1991, No. 66/1991**\n\n| *Assent Date:* | 19.11.91 |\n| *Commencement Date:* | 27.11.91: Government Gazette 27.11.91 p. 3276 |\n\n**Racing (Further Miscellaneous Amendments) Act 1992, No. 17/1992**\n\n| *Assent Date:* | 16.6.92 |\n| *Commencement Date:* | 17.6.92: Government Gazette 17.6.92 p. 1482 |\n\n**Racing (Amendment) Act 1993, No. 49/1993** (as amended by Nos 77/1993, 117/1993)\n\n| *Assent Date:* | 1.6.93 |\n| *Commencement Date:* | Ss 1, 2 on 1.6.93: s. 2(1); s. 12 on 1.7.98: s. 2(2); ss 3, 4, 7–9, 11, 13, 14 on 1.6.93: Special Gazette (No. 34) 1.6.93 p. 1; s. 6 on 12.7.93: Government Gazette 8.7.93 p. 1807; s. 10 on 1.8.93: Government Gazette 15.7.93 p. 1869; ss 5, 12 were never proclaimed, repealed by No. 117/1993 s. 32 |\n\n**Club Keno Act 1993, No. 56/1993**\n\n| *Assent Date:* | 8.6.93 |\n| *Commencement Date:* | 8.6.93: s. 2 |\n\n**Racing (Further Amendment) Act 1993, No. 77/1993**\n\n| *Assent Date:* | 29.10.93 |\n| *Commencement Date:* | Ss 1, 2, 11 on 29.10.93: s. 2(1); s. 12 on 1.6.93: s. 2(2); ss 3, 4, 7–10 on 2.12.93: Government Gazette 2.12.93 p. 3201; rest of Act on 1.2.94: Government Gazette 13.1.94 p. 88 |\n\n**Gaming Machine Control (General Amendment) Act 1993, No. 117/1993**\n\n| *Assent Date:* | 7.12.93 |\n| *Commencement Date:* | All of Act (*except* ss 8, 31) on 7.12.93: s. 2(1); s. 31 on 1.7.98: s. 2(3) |\n\n**Public Holidays Act 1993, No. 119/1993**\n\n| *Assent Date:* | 7.12.93 |\n| *Commencement Date:* | 7.12.93 |\n\n**Financial Management (Consequential Amendments) Act 1994, No. 31/1994**\n\n| *Assent Date:* | 31.5.94 |\n| *Commencement Date:* | S. 4(Sch. 2 items 71.1–71.3) on 1.1.95: Government Gazette 28.7.94 p. 2055 |\n\n**Gaming and Betting Act 1994, No. 37/1994**\n\n| *Assent Date:* | 2.6.94 |\n| *Commencement Date:* | Ss 173, 195–197, 198 (1)(2), 199–203 on 3.6.94: Special Gazette (No. 31) 2.6.94 p. 1; s. 191 on 1.7.94: Government Gazette 23.6.94 p. 1669; ss 174–190, 192, 193, 194(1)–(4)(6)–(9), 198(3), 204, 205 on 15.8.94: Special Gazette (No. 55) 15.8.94 p. 1; ss 194(5), 206 on 2.6.95: s. 2(3) |\n\n**Gaming and Betting (Amendment) Act 1994, No. 98/1994**\n\n| *Assent Date:* | 13.12.94 |\n| *Commencement Date:* | Ss 27, 28 on 16.2.95: Government Gazette 16.2.95 p. 326 |\n\n**Racing (Amendment) Act 1995, No. 83/1995**\n\n| *Assent Date:* | 28.11.95 |\n| *Commencement Date:* | Pt 1 (ss 1–3), ss 12–15 on 28.11.95: s. 2(1); s. 11 on 19.12.95; Pt 2 (ss 4–10) on 1.3.96: Government Gazette 14.12.95 p. 3488 |\n\n**Gaming Acts (Amendment) Act 1996, No. 17/1996**\n\n| Assent Date: | 2.7.96 |\n| Commencement Date: | S. 40 on 2.7.96: s. 2(1) |\n\n**Legal Practice Act 1996, No. 35/1996**\n\n| Assent Date: | 6.11.96 |\n| Commencement Date: | S. 453(Sch. 1 item 70) on 1.1.97: s. 2(3) |\n\n**Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996**\n\n| Assent Date: | 17.12.96 |\n| Commencement Date: | Ss 74, 85, 88–90 on 17.12.96 : s. 2(1); ss 75, 86, 87, 91(1)(8) on 19.12.96: Government Gazette 19.12.96 p. 3251; ss 83, 91(6) on 27.3.97: Government Gazette 27.3.97 p. 665; ss 76–82, 84, 91(2)–(5)(7) on 1.7.97: s. 2(6) |\n\n**Racing (Amendment) Act 1997, No. 11/1997**\n\n| Assent Date: | 29.4.97 |\n| Commencement Date: | Ss 1, 2 on 29.4.97: s. 2(1); rest of Act on 1.7.97: s. 2(3) |\n| Current State: | All of Act in operation |\n\n**Taxation Administration Act 1997, No. 40/1997**\n\n| Assent Date: | 3.6.97 |\n| Commencement Date: | S. 138(Sch. 2 item 12) on 1.7.97: Government Gazette 12.6.97 p. 1330 |\n\n**Audit (Amendment) Act 1997, No. 93/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | S. 28(Sch. item 26) on 1.7.98: s. 2(2) |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**State Taxation (Amendment) Act 1998, No. 48/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 10 on 1.7.98: Government Gazette 18.6.98 p. 1511 |\n\n**Racing and Betting Acts (Amendment) Act 1998, No. 97/1998**\n\n| Assent Date: | 24.11.98 |\n| Commencement Date: | Ss 3–13, 16–24 on 10.12.98: Government Gazette 10.12.98 p. 2998; ss 14, 15 on 18.2.99: Government Gazette 18.2.99 p. 437 |\n\n**National Taxation Reform (Further Consequential Provisions) Act 2000, No. 24/2000**\n\n| Assent Date: | 16.5.00 |\n| Commencement Date: | Ss 12–16 on 3.7.00: s. 2(3) |\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 3(Sch. 1 item 107) on 22.11.00: s. 2(1) |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 62) on 1.6.01: s. 2(2) |\n\n**Racing and Betting Acts (Amendment) Act 2001, No. 16/2001**\n\n| Assent Date: | 22.5.01 |\n| Commencement Date: | Ss 3–9, 13, 24–26 on 31.5.01: Government Gazette 31.5.01 p. 1076; ss 10–12, 14–23, 27, 28, Sch. on 1.7.01: s. 2(3) |\n\n**Racing (Racing Victoria Ltd) Act 2001, No. 35/2001**\n\n| Assent Date: | 19.6.01 |\n| Commencement Date: | S. 4 on 20.6.01: s. 2(1); ss 3, 5, 6, Schs 1, 2 on 19.12.01: Special Gazette (No. 233) 19.12.01 p. 1 |\n\n**Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001**\n\n| Assent Date: | 7.11.01 |\n| Commencement Date: | S. 3(Sch. item 11) on 20.12.01: Government Gazette 20.12.01 p. 3127 |\n\n**Racing Acts (Amendment) Act 2002, No. 19/2002**\n\n| Assent Date: | 21.5.02 |\n| Commencement Date: | Ss 8, 18 on 11.7.02: Government Gazette 11.7.02 p. 1593; ss 3–7, 9–17, 19 on 26.9.02: Government Gazette 26.9.02 p. 2616 |\n\n**ANZAC Day (Amendment) Act 2003, No. 96/2003**\n\n| Assent Date: | 2.12.03 |\n| Commencement Date: | S. 17 on 3.12.03: s. 2 |\n\n**Gambling Regulation Act 2003, No. 114/2003**\n\n| Assent Date: | 16.12.03 |\n| Commencement Date: | S. 12.1.3(Sch. 6 items 10.1–10.8) on 1.7.04: Government Gazette 1.7.04 p. 1843 |\n\n**Racing and Gaming Acts (Amendment) Act 2004, No. 45/2004**\n\n| Assent Date: | 16.6.04 |\n| Commencement Date: | Ss 4–13 on 1.8.04: Government Gazette 22.7.04 p. 2069 |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 171) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 18(Sch. 1 item 91) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n\n**Racing and Gaming Acts (Police Powers) Act 2005, No. 55/2005**\n\n| Assent Date: | 13.9.05 |\n| Commencement Date: | Ss 3–5 on 14.9.05: s. 2 |\n\n**Racing and Gambling Acts (Amendment) Act 2005, No. 92/2005**\n\n| Assent Date: | 29.11.05 |\n| Commencement Date: | S. 4 on 30.11.05: s. 2(1); s. 3 on 31.12.05: s. 2(4) |\n\n**Victoria Racing Club Act 2006, No. 40/2006**\n\n| Assent Date: | 20.6.06 |\n| Commencement Date: | S. 41 on 1.8.06: Government Gazette 27.7.06 p. 1534 |\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 26(Sch. item 90) on 11.10.06: s. 2(1) |\n\n**Gambling and Racing Legislation Amendment (Sports Betting) Act 2007, No. 18/2007**\n\n| Assent Date: | 29.5.07 |\n| Commencement Date: | S. 6 on 1.10.07: Government Gazette 20.9.07 p. 2143 |\n\n**Relationships Act 2008, No. 12/2008**\n\n| Assent Date: | 15.4.08 |\n| Commencement Date: | S. 73(1)(Sch. 1 item 50) on 1.12.08: s. 2(2) |\n\n**Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008, No. 71/2008**\n\n| Assent Date: | 25.11.08 |\n| Commencement Date: | S. 32 on 1.6.09: Government Gazette 26.2.09 p. 444 |\n\n**Racing and Gambling Legislation Amendment Act 2008, No. 73/2008**\n\n| Assent Date: | 25.11.08 |\n| Commencement Date: | Ss 3–17 on 1.1.09: Government Gazette 18.12.08 p. 2998 |\n\n**Major Crime Legislation Amendment Act 2009, No. 3/2009**\n\n| Assent Date: | 10.2.09 |\n| Commencement Date: | S. 15 on 11.2.09: s. 2(1) |\n\n**Racing Legislation Amendment (Racing Integrity Assurance) Act 2009,  \nNo. 52/2009**\n\n| Assent Date: | 8.9.09 |\n| Commencement Date: | Ss 4–15 on 1.3.10: Government Gazette 25.2.10 p. 351 |\n\n**Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 32 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |\n\n**Victorian Commission for Gambling and Liquor Regulation Act 2011, No. 58/2011**\n\n| Assent Date: | 2.11.11 |\n| Commencement Date: | Ss 102, 103 on 6.2.12: Special Gazette (No. 423) 21.12.11 p. 4 |\n\n**Racing Legislation Amendment Act 2012, No. 55/2012**\n\n| Assent Date: | 18.9.12 |\n| Commencement Date: | Ss 4–21 on 26.9.12: Special Gazette (No. 324) 26.9.12 p. 2 |\n\n**Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012**\n\n| Assent Date: | 18.12.12 |\n| Commencement Date: | Ss 180–183 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 318 on 11.2.13: s. 2(5) |\n\n**Professional Boxing and Combat Sports Amendment Act 2013, No. 65/2013**\n\n| Assent Date: | 6.11.13 |\n| Commencement Date: | S. 25 on 7.11.13: s. 2 |\n\n**Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013**\n\n| Assent Date: | 17.12.13 |\n| Commencement Date: | Ss 39–42 on 29.1.14: Special Gazette (No. 17) 28.1.14 p. 1 |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| *Commencement Date:* | S. 160(Sch. 2 item 83) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 139) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, No. 56/2014**\n\n| *Assent Date:* | 26.8.14 |\n| *Commencement Date:* | S. 63 on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n\n**Racing Amendment Act 2015, No. 50/2015**\n\n| *Assent Date:* | 13.10.15 |\n| *Commencement Date:* | Ss 3–11 on 21.10.15: Special Gazette (No. 309) 20.10.15 p. 1 |\n\n**Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016, No. 17/2016**\n\n| Assent Date: | 19.4.16 |\n| Commencement Date: | Ss 3–9, 10(1), 11, 12 on 4.5.16: Special Gazette (No. 131) 3.5.16 p. 1; s. 10(2) on 10.4.17: Special Gazette (No. 111) 4.4.17 p. 1 |\n\n**Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016**\n\n| Assent Date: | 31.5.16 |\n| Commencement Date: | S. 87(2) on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1; s. 87(1) on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1 |\n\n**Racing Amendment (Modernisation) Act 2018, No. 10/2018**\n\n| Assent Date: | 14.3.18 |\n| Commencement Date: | Ss 4–8 on 15.3.18: s. 2 |\n\n**Racing Amendment (Integrity and Disciplinary Structures) Act 2018, No. 37/2018[[27]](#endnote-28)**\n\n| Assent Date: | 21.8.18 |\n| Commencement Date: | Ss 3–5, 7, 26–32 on 1.9.18: Special Gazette (No. 400) 28.8.18 p. 1; ss 6, 8–25, 33, 34 on 1.8.19: s. 2(2) |\n\n**Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019**\n\n| Assent Date: | 5.3.19 |\n| Commencement Date: | Ss 105–107 on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1 |\n\n**Racing Amendment Act 2022, No. 2/2022**\n\n| Assent Date: | 15.2.22 |\n| Commencement Date: | Ss 4–29 on 16.2.22: s. 2 |\n\n**Casino and Liquor Legislation Amendment Act 2022, No. 26/2022**\n\n| Assent Date: | 28.6.22 |\n| Commencement Date: | S. 58 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1 |\n\n**Racing Amendment (Unauthorised Access) Act 2023, No. 2/2023**\n\n| Assent Date: | 7.3.23 |\n| Commencement Date: | Ss 3–6 on 15.9.23: Special Gazette (No. 483) 12.9.23 p. 1 |\n\n**Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023**\n\n| Assent Date: | 5.9.23 |\n| Commencement Date: | S. 7(Sch. 1 item 22) on 6.9.23: s. 2 |\n\n**Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024**\n\n| Assent Date: | 20.8.24 |\n| Commencement Date: | Ss 159–161 on 31.12.24: s. 2(2) |\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| Assent Date: | 10.9.24 |\n| Commencement Date: | Ss 70–72 on 11.9.24: s. 2(1); s. 113(Sch. 1 item 30) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n\nMetric Conversion (Racing Act 1958) Regulations 1974, S.R. No. 166/1974\n\n| Date of Making: | 14.5.74 |\n| Date of Commencement: | 14.5.74 |\n\nGovernment Gazette 24 June 1963 page 2207\n\nGovernment Gazette 28 August 1963 page 2578\n\nGovernment Gazette 13 November 1963 page 3394\n\n3 Explanatory details\n\n1. Ss 8–14:\n\n  S. 8 amended by S.R. No. 166/1974 reg. 2, substituted by No. 9924 s. 7, repealed by No. 37/1994 s. 178(a).\n\n  S. 9 amended by Nos 6836 s. 11(a), 7828 s. 2, S.R. No. 166/1974 reg. 2, repealed by No. 37/1994 s. 178(a).\n\n  S. 10 amended by Nos 9671 s. 28, 9924 s. 10(1), repealed by No. 37/1994 s. 178(a).\n\n  S. 11 amended by No. 6836 s. 11(a), S.R. No. 166/1974 reg. 2, Nos 9671 s. 28, 9924 s. 15(c), repealed by No. 37/1994 s. 178(a).\n\n  Heading preceding s. 12 repealed by No. 37/1994 s. 178(b).\n\n  S. 12 amended by Nos 6574 s. 2, 9671 s. 28, repealed by No. 37/1994 s. 178(b).\n\n  Heading preceding s. 13 repealed by No. 37/1994 s. 178(c).\n\n  S. 13 amended by Nos 6836 s. 11(a)(b)(i)(ii), 6962 s. 2, 7015 s. 12(1)(a), 7684 s. 3, 7828 s. 3, 8344 s. 26(3)(c), 8566 s. 3(a)(b), S.R. No. 166/1974 reg. 2, Nos 8776 s. 2(c)–(e), 9671 s. 28, substituted by No. 9924 s. 8, amended by Nos 49/1987 ss 6, 10, 77/1993 s. 7(1), repealed by No. 37/1994 s. 178(c).\n\n  S. 14 amended by Nos 8344 s. 26(3)(d), 9146 s. 2(1), 9671 s. 28, repealed by No. 37/1994 s. 178(d). [↑](#endnote-ref-2)\n\n2. Ss 15–18A:\n\n  S. 15 amended by No. 9671 ss 28, 29, repealed by No. 37/1994 s. 180(a).\n\n  Heading preceding s. 16 repealed by No. 37/1994 s. 180(b).\n\n  S. 16 amended by Nos 6574 s. 3, 6836 s. 11(a), 7000 s. 2, substituted by No. 7230 s. 2, amended by No. 8209 s. 2, S.R. No. 166/1974 reg. 2, Nos 8603 s. 2(a)–(d), 9671 s. 28, 49/1987 s. 13, 12/1989 s. 4(1)(Sch. 2 item 103.1), 17/1992 s. 5, repealed by No. 37/1994 s. 180(b).\n\n  Heading preceding s. 17 repealed by No. 37/1994 s. 180(c).\n\n  S. 17 amended by Nos 6836 s. 11(a), 7621 s. 12(1)(a)(i)(ii)(b)(i)(ii)(c), 8344 s. 26(3)(e), S.R. No. 166/1974 reg. 2, substituted by No. 9924 s. 9, repealed by No. 37/1994 s. 180(c).\n\n  S. 18 amended by No. 8344 s. 26(3)(f), repealed by No. 37/1994 s. 180(d).\n\n  S. 18A inserted by No. 49/1987 s. 11, amended by No. 77/1993 s. 7(2)(a)(b), repealed by No. 37/1994 s. 180(d). [↑](#endnote-ref-3)\n\n3. S. 22C inserted by No. 49/1987 s. 7, amended by Nos 12/1991 s. 3(b), 17/1992 s. 6(3)(4), 49/1993 s. 11(1)(2), 77/1993 s. 7(3)–(5), repealed by No. 37/1994 s. 182(i). [↑](#endnote-ref-4)\n\n4. Ss 27, 28:\n\n  S. 27 amended by Nos 7621 s. 11(1), 9038 s. 2(b), 9549 s. 2(1)(Sch. item 188), repealed by No. 37/1994 s. 184(b).\n\n  S. 28 amended by Nos 6836 s. 11(a), 8344 s. 26(3)(o), S.R. No. 166/1974 reg. 2, repealed by No. 37/1994 s. 184(b). [↑](#endnote-ref-5)\n\n5. Ss 30, 31:\n\n  S. 30 amended by S.R. No. 166/1974 reg. 2, repealed by No. 37/1994 s. 186(a).\n\n  Heading preceding s. 31 repealed by No. 37/1994 s. 186(b).\n\n  S. 31 amended by No. 6836 s. 11(a), S.R. No. 166/1974 reg. 2, No. 9671 s. 28, repealed by No. 37/1994 s. 186(b). [↑](#endnote-ref-6)\n\n6. S. 32(1)–(6):\n\n  S. 32(1) amended by Nos 6574 s. 4(a)(b), 8080 s. 2, 8344 s. 26(3)(p), 8603 s. 3, substituted by No. 8885 s. 2, amended by No. 9671 ss 28, 29, repealed by No. 37/1994 s. 186(c).\n\n  S. 32(1A)–(1C) inserted by No. 8885 s. 2, amended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(c).\n\n  S. 32(2) amended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(c).\n\n  S. 32(3) amended by Nos 6607 s. 2(c), 9671 ss 28, 29, 49/1987 s. 8, 77/1993 s. 7(6), repealed by No. 37/1994 s. 186(c).\n\n  S. 32(4) amended by No. 6867 s. 2(Sch. 1), S.R. No. 166/1974 reg. 2, No. 9671 ss 28, 29, repealed by No. 37/1994 s. 186(c).\n\n  S. 32(5) amended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(c).\n\n  S. 32(6) inserted by No. 7691 s. 2, amended by Nos 8344 s. 26(3)(p), 9671 ss 28, 29, 32/1991 s. 4, repealed by No. 37/1994 s. 186(c). [↑](#endnote-ref-7)\n\n7. S. 47 amended by No. 7621 s. 12(6), substituted by No. 9201 s. 16, amended by Nos 9388 s. 8, 37/1994 s. 193(1), repealed by No. 31/1994 s. 4 (Sch. 2 item 71.1). [↑](#endnote-ref-8)\n\n8. S. 52:\n\n  Heading preceding s. 52 repealed by No. 37/1994 s. 188(b).\n\n  S. 52 amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(u), repealed by No. 37/1994 s. 188(b). [↑](#endnote-ref-9)\n\n9. Ss 53–54A:\n\n  S. 53 amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 188(e).\n\n  S. 54 amended by Nos 6607 s. 3(a), 8209 s. 21(1)(a)(ii), substituted by No. 49/1987 s. 9, amended by Nos 17/1992 s. 6(5)(6), 49/1993 s. 11(3)(4), 77/1993 s. 7(7)–(9), repealed by No. 37/1994 s. 188(f).\n\n  S. 54A inserted by No. 49/1987 s. 12, amended by Nos 41/1989 s. 8(a)(b), 77/1993 s. 7(10), repealed by No. 37/1994 s. 188(f). [↑](#endnote-ref-10)\n\n10. Ss 56–59:\n\n  S. 56 amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(w), repealed by No. 9146 s. 4.\n\n  S. 57 amended by Nos 7621 s. 13(4)(a)(b), 8209 s. 21(1)(a)(ii), 9146 s. 6, 9671 s. 6(a)(b), repealed by No. 37/1994 s. 188(f).\n\n  S. 57A inserted by No. 6638 s. 2, repealed by No. 7351 s. 4.\n\n  S. 57A was repealed on 1.7.67: GG 21.6.67 p. 2027.\n\n  Heading preceding s. 58 amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 188(g).\n\n  S. 58 amended by Nos 7621 s. 11(2), 8080 s. 3, 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(x), 9038 s. 2(c), 9146 s. 7(1), 41/1989 s. 8(c), repealed by No. 37/1994 s. 188(g).\n\n  S. 59 substituted by No. 6638 s. 3(a), amended by Nos 7621 s. 11(2), 8344 s. 26(3)(y), 9038 s. 2(d), repealed by No. 37/1994 s. 188(g). [↑](#endnote-ref-11)\n\n11. Ss 60–63:\n\n  S. 60 repealed by No. 37/1994 s. 188(i).\n\n  S. 61 amended by Nos 8209 ss 6, 21(1)(a)(ii), 8344 s. 26(3)(aa), repealed by No. 37/1994 s. 188(i).\n\n  S. 62 amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 188(i).\n\n  S. 63 amended by Nos 6638 s. 4, 7082 s. 3, 8209 ss 7, 21(1)(a)(ii), 8344 s. 26(3)(bb), S.R. No. 166/1974 reg. 2, Nos 8776 s. 3(2)(a), 9146 s. 9(a)(b), 9671 s. 7, 12/1989 s. 4(1)(Sch. 2 item 103.2), 32/1991 s. 6(1)(a)–(d), 119/1993 s. 16(4), repealed by No. 37/1994 s. 188(i). [↑](#endnote-ref-12)\n\n12. S. 67:\n\n  S. 67 amended by No. 12/1989 s. 4(1)(Sch. 2 items 103.3, 103.4), repealed by No. 37/1994 s. 188(n). [↑](#endnote-ref-13)\n\n13. S. 79:\n\n  S. 79 amended by Nos 8209 s. 21(1)(a)(ii), 125/1986 s. 13(i), 41/1989 s. 8(d), repealed by No. 37/1994 s. 188(r). [↑](#endnote-ref-14)\n\n14. S. 80A:\n\n  S. 80A inserted by No. 9671 s. 13, repealed by No. 9924 s. 3(e). [↑](#endnote-ref-15)\n\n15. Pt 3A (Heading and ss 83A–83E):\n\n  Pt 3A (Heading) inserted by No. 8209 s. 10, repealed by No. 37/1994 s. 194(1).\n\n  S. 83A inserted by No. 8209 s. 10, amended by Nos 8344 s. 26(3)(gg), 9146 s. 10, 9671 ss 15(a)(b), 16, 41/1989 s. 7(1)(a)(b), repealed by  \nNo. 37/1994 s. 194(1).\n\n  S. 83B inserted by No. 8209 s. 10, amended by No. 41/1989 s. 7(2), repealed by No. 37/1994 s. 194(1).\n\n  S. 83C inserted by No. 8209 s. 10, repealed by No. 37/1994 s. 194(1).\n\n  S. 83D inserted by No. 8209 s. 10, amended by Nos 8269 s. 9(a), 8503 s. 3, 8603 s. 9(1), 8975 s. 2(2), 9201 s. 20, 9671 s. 17(a)(b), 9861 s. 3(1), repealed by No. 37/1994 s. 194(2).\n\n  S. 83E inserted by No. 8603 s. 8(2), repealed by No. 37/1994 s. 194(1). [↑](#endnote-ref-16)\n\n16. Pt 3B (Heading and ss 83F–83O):\n\n  Pt 3B (Heading and ss 83F–83O) inserted by No. 9924 s. 2, amended by Nos 49/1987 s. 23(c)(d), 27/1988 ss 5–7, 77/1993 s. 6, 37/1994 s. 190, 83/1995 ss 11(4), 12, 13, 35/1996 s. 453(Sch. 1 item 70), 73/1996 s. 90(3)–(5), 46/1998 s. 7(Sch. 1), 16/2001 ss 19–22, 28(Sch. items 18, 19), 35/2001 s. 6(Sch. 1 items 8, 9), 45/2004 ss 11–13, 108/2004 s. 117(1)(Sch. 3 items 171.2–171.4), 18/2005 s. 18(Sch. 1 item 91), 92/2005 s. 3, 80/2006 s. 26(Sch. item 90), 73/2008 s. 8, substituted as Pt 3B (Heading and ss 83OD–83OG) by No. 52/2009 s. 9. [↑](#endnote-ref-17)\n\n17. Pt 5 (Heading and ss 96–116):\n\n  Pt 5 (Heading) amended by No. 10184 s. 21(1), repealed by No. 37/1994 s. 194(3).\n\n  S. 96 amended by Nos 6619 s. 3, 6836 s. 3, 7082 s. 5(a)(b), 7230 s. 7(a), 7351 s. 2, 8209 ss 13(1)(a)–(c), 21(1)(a)(ii), S.R. No. 166/1974 reg. 2, Nos 8566 s. 6(1), 9473 s. 2(1)(a)–(e)(2), 9671 s. 28, 125/1986 s. 7(c)(i)(ii), repealed by No. 37/1994 s. 194(3).\n\n  Pt 5 Div. 1 (Heading and ss 97–116) amended by Nos 6619 s. 4(1), 6836 ss 4, 5, 6886 s. 3, 7082 ss 6, 7, 7301 s. 2(a)(i), 7442 s. 2(a), 7621  \ns. 12(9)–(11), 7828 ss 6, 7(2), 8080 s. 6(1), 8209 s. 13(2), 8269 s. 2, 8344 s. 26(3)(hh), S.R. No. 166/1974 reg. 2, Nos 8566 s. 6(2), 8739 s. 2, 9201 ss 2(1), 9, 9319 s. 2, 9473 ss 3, 4, 14, 9549 s. 2(1)(Sch. item 188), 9671 s. 28, 9861 s. 3(1), 125/1986 ss 7(d)(e), 13(e)(n)–(v) (as amended by No. 49/1987 s. 24(2)(a)(b))(w), 14(b)(c), 49/1987 ss 19(1), 23(a), 92/1987 s. 3, 49/1988 s. 182, 41/1989 s. 8(f), 32/1991 s. 9, 49/1993 s. 10(1)–(3), 77/1993 s. 9(1)(2), repealed by No. 37/1994 s. 194(3)(4).\n\n  Pt 5 Div. 2 (Heading and ss 116A–116ZB (*except* ss 116G, 116Y)) amended by Nos 6619 s. 4(2), 6836 ss 6–8, 6886 s. 3, 6981 s. 2(a), 7015 s. 12(1)(b)(c), 7082 ss 8–11, 7138 s. 2, 7230 s. 8, 7301 s. 2(b), 7351 s. 3, 7404 s. 3, 7442 s. 2(b), 7621 ss 7, 8, 13(6), 7684 s. 8, 7828 ss 5, 8, 8080 ss 7–9, 10(1), 11–14, 8209 ss 14–17, 21(1)(a)(ii), 8269 ss 3, 4, 8344 s. 26(3)(ii), S.R. No. 166/1974 reg. 2, Nos 8566 ss 7, 10, 8603 ss 11, 12, 8739 s. 3, 8776 s. 3(2)(a)(b), 8989 ss 4–6, 9201 ss 4, 7, 14, 15, 9319 ss 3, 7, 9388 s. 3, 9473 ss 5, 13, 9671 ss 18, 19(a)(b) (as amended by No. 9902 s. 2(1)(Sch. item 216)), 20, 21(1), 28–30, 9738 s. 2, 9861 s. 3(1), 9924 ss 3(g), 12, 10014 s. 7(1)–(3), 10184 ss 16, 19(1), 20, 10193 s. 4, 28/1986 ss 8–10, 125/1986 ss 7(f), 9–11, 12(a), 13(w)–(y), 14(d), 5/1987 s. 3(1)(2), 49/1987 ss 20, 21, 23(b), 24(1)(g), 92/1987 s. 4, 97/1987 s. 181(13), 27/1988 ss 4(3)–(5), 9, 73/1988 s. 4, 78/1988 s. 11, 41/1989 s. 8(g)(h), 71/1989 ss 4, 7, 9, 32/1991 ss 10(1), 12–15, 17, 53/1991 s. 162(1), 49/1993 ss 8, 9, 10(4)–(6), 56/1993 s. 17, 77/1993 ss 10(1), 11, repealed by No. 37/1994 s. 194(3)(5). [↑](#endnote-ref-18)\n\n18. S. 116Y inserted by No. 7828 s. 9, substituted by No. 9201 s. 18, amended by Nos 9388 s. 8, 37/1994 s. 194(3), repealed by No. 31/1994 s. 4(Sch. 2 item 71.3).\n\n  The proposed repeal of section 116Y(1) by No. 37/1994 s. 194(5) is therefore not included in this publication. [↑](#endnote-ref-19)\n\n19. Pt 5 Divs 3–5:\n\n  Pt 5 Div. 3 (Heading and ss 116AA–116AP) inserted by No. 6836 s. 9, amended by Nos 7082 ss 12(a)(b), 13, 7301 s. 2(c)(d), 7442 s. 2(c), 7684 ss 6, 7, 7899 s. 4(a)(b), 8080 ss 15, 16, 8209 ss 18–20, 8269 ss 5, 6(a)–(d), 8344 s. 26(3)(ii), 8450 ss 2, 3, 8566 s. 8(1)(2), 9201 s. 5, 9388 s. 4(a)(b), 9473 ss 6(a)–(c), 7(a)(b), 8, 9(a)–(d), 14, 9549 s. 2(1)(Sch. items 188, 189), 9671 s. 21(2)(a)–(g), 9861 s. 3(1), 125/1986 ss 7(g), 12(b), 13(w)(z), 14(e), 49/1987 s. 14(2), repealed by No. 37/1994 s. 194(3).\n\n  Pt 5 Div. 4 (Heading and ss 116BA–116BS) inserted by No. 7082 s. 15, amended by Nos 7230 ss 9, 10(a)(b), 7301 s. 2(e)(f)(i)(ii), 7442 s. 2(e)(f)(i)(ii), 7621 ss 9, 10, 13(7), 7828 s. 6, 8080 s. 15, 8269 ss 7,  \n8(a)–(d), 8344 s. 26(3)(kk), 8566 s. 9(1)(a)(b)(2), 8603 s. 13(a)(b), 8739 s. 4(a)(b)(i)(ii), 8776 s. 3(2)(a), 8989 s. 6, 9201 s. 6, 9319 ss 4(a)(b), 5, 6(a)(b), 9388 s. 5, 9473 s. 14, 9549 s. 2(1)(Sch. item 188), 9671  \ns. 21(3)(a)–(e)(i)(ii), 9861 s. 3(1), 125/1986 ss 7(g), 13(w)(y)(z), 49/1987 ss 19(2), 23(e), 49/1993 s. 10(7)(a)(b)(i)(ii)(8)(9)(a)–(e)(10)(a), repealed by No. 37/1994 s. 194(3).\n\n  Pt 5 Div. 5 (Heading and ss 116BT–116CI) inserted by No. 8975 s. 2(1), amended by Nos 9473 ss 10(a)(b), 11(a)(b), 12, 9671 s. 32, 9861 s. 3(1), 10184 ss 4(a)–(d), 5(a)(b), 6, 7(a)(i)(ii)(b)(i)(ii), 8, 9, 10(a)(b), 11, 12(a)(b), 13, 14(a)(b), 15(a)(i)(ii)(b)(i)(ii), 17, 18(a)–(c), 21(2), 125/1986 ss 7(h), 13(w)(y)(z), 49/1987 ss 23(e), 24(1)(f), 73/1988 s. 6(a)(i)(ii)(b)(c)  \n(i)–(iii)(d), 41/1989 s. 8(i), 32/1991 ss 10(2), 11(1)–(8), 53/1991 s. 162(2), 66/1991 ss 4, 5, 49/1993 s. 4(1)(2) (as amended by No. 77/1993 s. 12(a)(b)), 117/1993 s. 30, repealed by No. 37/1994 s. 194(3). [↑](#endnote-ref-20)\n\n20. Pt 6 Divs 1, 2:\n\n  Pt 6 Div. 1 (Heading and s. 117) amended by No. 8344 s. 26(3)(ii), repealed by No. 8566 s. 11, new s. 117 inserted by No. 9671 s. 21(4), repealed by No. 37/1994 s. 194(8).\n\n  Pt 6 Div. 2 (Heading) amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 194(6). [↑](#endnote-ref-21)\n\n21. S. 118:\n\n  S. 118 repealed by No. 37/1994 s. 194(6). [↑](#endnote-ref-22)\n\n22. S. 119:\n\n  S. 119 amended by Nos 6836 s. 10, 7015 s. 12(1)(d), 8209 s. 21(1)(a)(ii), 8269 s. 10(a)–(c), 8885 s. 3(a)–(c), 9201 s. 8(a)–(e), 9671 ss 28, 32, 125/1986 s. 14(b), 41/1989 s. 8(j)(k), 66/1991 s. 6, substituted by No. 37/1994 s. 192, amended by Nos 98/1994 s. 28(a)(b), 83/1995 s. 14(e), 40/1997 s. 138(Sch. 2 item 12), 48/1998 s. 10(1)(2) (ILA s. 39B(1)), 97/1998 s. 24(2), repealed by No. 24/2000 s. 16. [↑](#endnote-ref-23)\n\n23. Ss 120–125:\n\n  S. 120 amended by No. 7015 s. 12(1)(d), repealed by No. 37/1994 s. 194(6).\n\n  S. 121 amended by No. 9671 ss 29, 32, repealed by No. 37/1994 s. 194(6).\n\n  S. 122 amended by Nos 7015 s. 12(1)(d), 7621 s. 12(12), 7684 s. 9(a)(b), 17/1992 s. 11(1), repealed by No. 37/1994 s. 194(6).\n\n  S. 123 amended by Nos 9671 ss 29, 30, 32, 17/1992 s. 11(2), repealed by No. 37/1994 s. 194(6).\n\n  S. 124 amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 194(6).\n\n  S. 124A inserted by No. 66/1991 s. 7, repealed by No. 37/1994 s. 194(6).\n\n  S. 125 repealed by No. 37/1994 s. 194(6). [↑](#endnote-ref-24)\n\n24. Pt 6 Div. 3 (Heading and ss 126, 127):\n\n  Pt 6 Div. 3 (Heading and s. 126) inserted by No. 7684 s. 10, amended by Nos 7828 s. 10, 7899 s. 6(a)–(c)(i)–(iv)(d)(e)(i)(ii), 8080 s. 17(a)(i)–(v) (b)(c), 8209 s. 20(2), 8269 s. 9(b)(c), 8503 s. 3, 8603 s. 9(2)(a)–(c), 8975 s. 2(3)(4), 9201 s. 21, 9388 s. 7, 9671 ss 22(a)(b)(i)–(iii)(c)–(e), 29, 9861 s. 3(1), 9924 s. 13, 49/1987 s. 24(1)(h), repealed by No. 37/1994 s. 194(8).\n\n  S. 127 inserted by No. 8603 s. 8(1), amended by No. 9212 s. 2(2), repealed by No. 37/1994 s. 194(7). [↑](#endnote-ref-25)\n\n25. Pt 6 Div. 4 (Heading and ss 128, 129) inserted by No. 9201 s. 3, amended by Nos 9671 ss 28, 32, 9861 s. 3(1), 28/1986 ss 11, 12, 49/1987 s. 22(a)(b), 49/1993 s. 10(11), repealed by No. 37/1994 s. 194(6). [↑](#endnote-ref-26)\n\n26. Schs 1–4:\n\n  Sch. 1 repealed by No. 49/1993 s. 13(2).\n\n  Sch. 2 amended by Nos 6462 s. 4, 6836 s. 11(c), 8344 s. 26(3)(mm), 8566 s. 4(3)(a)–(c), substituted by No. 8776 s. 2(g), repealed by No. 9924 s. 10(3).\n\n  Sch. 3 amended by GGs 24.7.63 p. 2207, 28.8.63 p. 2578, 13.11.63 p. 3394, substituted by No. 8776 s. 3(2)(c), amended by No. 49/1987 s. 24(1)(i), repealed by No. 37/1994 s. 194(9).\n\n  Sch. 4 inserted by No. 9201 s. 24, repealed by No. 37/1994 s. 194(9). [↑](#endnote-ref-27)\n\n27. Table of Amendments (**Racing Amendment (Integrity and Disciplinary Structures) Act 2018**): The amendment proposed by section 6 of the **Racing Amendment (Integrity and Disciplinary Structures) Act 2018**, No. 37/2018 is not included in this publication because section 37P was not part of this Act on the commencement of section 6 of that Act.\n\n  Section 6 reads as follows:\n\n  6 Procedure on completion of investigation of public interest complaint\n\n  (1) In section 37P(1) of the **Racing Act 1958**—\n\n  (a) after paragraph (a)(i) **insert**—\n\n  \"(ia) the Integrity Board; and\";\n\n  (b) after paragraph (b)(i) **insert**—\n\n  \"(ia) the Integrity Board; or\".\n\n  (2) In section 37P(2) of the **Racing Act 1958**, after \"Minister\" **insert** \"and the Integrity Board\".\n\n  (3) In section 37P(3) of the **Racing Act 1958**, after \"Minister\" **insert** \"and the Integrity Board\". [↑](#endnote-ref-28)","sortOrder":235}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originated as a 1958 consolidation of laws on horse, pony, trotting, and greyhound racing, bookmakers, and totalizators (long title). It has grown well beyond this to encompass modern integrity oversight (Racing Integrity Commissioner in Part IA with IBAC referrals under s.37G), a dedicated Victorian Racing Tribunal (Part IIA with compulsion and contempt powers under ss.50S–50ZK), crowd behavior offences and ban orders (Division 4A of Part I, ss.32A–32Q), off-course betting premises approvals (ss.4B–4I), animal welfare audits (s.37B(1)(ba)), and enhanced governance for controlling bodies including annual integrity plans (s.95R). This reflects evolution into a comprehensive regulatory framework for fairness, welfare, and anti-corruption far exceeding the original consolidation intent."},"complexity_factors":["Lengthy document with over 100 sections, multiple Parts, Divisions, and Subdivisions covering distinct racing codes and integrity mechanisms","47+ defined terms in section 3(1), many cross-referencing the Gambling Regulation Act 2003, Public Interest Disclosures Act 2012, and other statutes","Nested conditional logic for approvals (e.g., s.4C for off-course premises), licences (ss.24, 24A), appeals (ss.50K–50M), and penalties with tiered offences and exceptions","Extensive transitional provisions across Parts VI–XI addressing changes to boards, tribunals, and registrations","Detailed procedures in Part IA (Racing Integrity Commissioner inquiries with compulsion powers under ss.37BA–37BJ) and Part IIA (Victorian Racing Tribunal hearings with evidence rules under ss.50S–50ZK)"],"plain_english_summary":"**The Racing Act 1958** is Victoria's core law for managing and controlling three main types of racing: horse racing (including pony racing), harness racing (such as trotting or pacing), and greyhound racing. It sets out rules for where races can happen (licensed racecourses), how they are organized and timed, who can take part (requiring licenses or registration for trainers, drivers, riders, clubs, and others), and how betting is allowed to operate legally. The law creates independent bodies to oversee each racing type (Racing Victoria for horses, Harness Racing Victoria for harness events, and Greyhound Racing Victoria for greyhounds), plus a Racing Integrity Commissioner to investigate cheating, rule-breaking, or corruption, and a Victorian Racing Tribunal to hear appeals and serious offences. It includes strict rules for crowd safety at events (like bans for disruptive behavior), animal welfare standards, bookmaker licensing and off-course betting premises, and penalties for unauthorized races or betting. The Act also covers how profits from certain events must support charities or funds, and it works alongside other laws on gambling. \n\nThis matters because it aims to keep racing fair, safe for people and animals, free from corruption, and properly governed, while allowing legal betting under controlled conditions. It affects race clubs, owners, trainers, jockeys, bookmakers, spectators, and anyone involved in or attending races by requiring compliance with licensing, conduct rules, and reporting obligations."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The scope has almost certainly changed substantially from the original 1958 intent. Racing in 1958 was a simpler, largely analogue industry. Over decades, the Act would have been amended to accommodate TAB (totalisator agency board) betting, online wagering, corporate bookmakers, integrity bodies, and modern animal welfare concerns — all well beyond the original legislative imagination."},"complexity_factors":["Legislation dates from 1958 and has undergone numerous amendments over 60+ years, making it difficult to track what is current","Involves multiple regulatory bodies with overlapping jurisdictions and powers","Covers several distinct racing codes (thoroughbred, harness, greyhound) with different rules","Intersects with gambling law, corporate law, animal welfare law, and employment law","Licensing regime involves multiple categories of participants with different obligations","Delegated legislation (regulations made under the Act) adds further complexity not visible in the Act itself","Significant portions may have been effectively superseded or modified by later legislation such as the Racing Act 1958 successor frameworks","The metadata provided is incomplete, making it difficult to assess the full current scope of the Act"],"plain_english_summary":"## Racing Act 1958 (Victoria)\n\n**What is this?**\nThis is a foundational Victorian law that governs horse and greyhound racing in Victoria. It establishes the rules, bodies, and powers that regulate the racing industry.\n\n**Who does it affect?**\n- **Racing clubs and associations** that organise races\n- **Racehorse and greyhound owners, trainers, and jockeys**\n- **Bookmakers and betting operators**\n- **Punters** who place bets at race meetings\n- **Employees** working in the racing industry\n\n**What does it do?**\n- Sets up the official bodies that oversee and control racing (such as Racing Victoria)\n- Grants licences (official permissions) to clubs, bookmakers, and participants\n- Regulates where and when races can be held\n- Sets rules around betting and wagering (gambling on races)\n- Gives authorities the power to discipline participants who break the rules\n- Controls the allocation of race dates and venues\n\n**Why does it matter?**\nRacing is a major industry in Victoria — economically, culturally, and in terms of gambling regulation. This Act is the backbone of how that industry is kept orderly, fair, and accountable. If you work in, bet on, or are otherwise involved in Victorian racing, this law directly governs your rights and obligations.\n\n> ⚠️ **Note:** This is a 1958 Act that has been significantly amended over decades. The current version may look very different from the original law."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1958 purpose of consolidating laws on race-meetings and bookmaker registration. It now covers integrity oversight (Racing Integrity Commissioner, Victorian Racing Tribunal, Integrity Board), anti-corruption obligations, public interest disclosures, off-course betting approvals, crowd behaviour management, and extensive regulation of greyhound racing welfare. The scope has grown to include not just race-day regulation but ongoing integrity monitoring, complaints handling, and audit powers."},"complexity_factors":["Over 300 sections across 11 Parts and multiple Divisions/Subdivisions","Extensive definitions section (s.3) with over 40 defined terms, many cross-referencing other Acts","Frequent cross-references to the Gambling Regulation Act 2003, Public Interest Disclosures Act 2012, and other legislation","Nested conditional logic and exceptions, e.g., in Division 4A (crowd behaviour) with multiple offences, exceptions, and application of Major Events Act","Many amendments over decades, leading to transitional provisions in Parts VI–XI","Complex structure with multiple bodies (RV, HRV, GRV, Integrity Commissioner, VRT, Integrity Board) and overlapping functions","Detailed offences with escalating penalties for first, second, and subsequent offences","Lengthy schedules specifying racecourses with land descriptions"],"plain_english_summary":"The **Racing Act 1958** is the main law governing horse, harness (trotting), and greyhound racing in Victoria, Australia. It sets out who can hold race meetings, how racecourses are licensed, and how betting is allowed. The Act creates three controlling bodies – **Racing Victoria** (for horse racing), **Harness Racing Victoria**, and **Greyhound Racing Victoria** – each responsible for running and regulating their sport. It also establishes the **Racing Integrity Commissioner**, the **Victorian Racing Tribunal**, and the **Victorian Racing Integrity Board** to oversee integrity, hear appeals, and discipline participants. The Act covers the registration and licensing of bookmakers, rules for off-course betting premises (e.g., approved off-course premises where bookmakers can take bets remotely), and new offences for disrupting races or entering restricted areas. It applies to racing clubs, owners, trainers, jockeys, drivers, bookmakers, and anyone attending race meetings. This law matters because it keeps racing legal, fair, and safe, and protects punters who place bets."}},"importantCases":[],"_links":{"self":"/api/acts/racing-act-1958","history":"/api/acts/racing-act-1958/history","analysis":"/api/acts/racing-act-1958/analysis","conflicts":"/api/acts/racing-act-1958/conflicts","importantCases":"/api/acts/racing-act-1958/important-cases","documents":"/api/acts/racing-act-1958/documents"}}