{"id":"qld:act-2002-058","name":"Racing Act 2002","slug":"racing-act-2002","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"58 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73713,"registerId":"qld-act-2002-058-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Racing Queensland Board","content":"# Racing Queensland Board","sortOrder":0},{"sectionNumber":"ch.2-pt.1-div.1","sectionType":"division","heading":"Establishment of board and its status","content":"## Establishment of board and its status","sortOrder":1},{"sectionNumber":"sec.6","sectionType":"section","heading":"Racing Queensland Board","content":"### sec.6 Racing Queensland Board\n\nThe Queensland All Codes Racing Industry Board, formerly established under this Act, is continued in existence under this Act under the name Racing Queensland Board.\ns 6 prev s 6 om 2016 No. 12 s 304\npres s 6 ins 2012 No. 42 s 11\nsub 2016 No. 12 s 306","sortOrder":2},{"sectionNumber":"sec.7","sectionType":"section","heading":"Board to be control body for particular codes of racing","content":"### sec.7 Board to be control body for particular codes of racing\n\nThe board is the control body for the following codes of racing (each a board code of racing )—\nthoroughbred racing;\nharness racing;\ngreyhound racing.\ns 7 prev s 7 amd 2006 No. 18 s 3 sch ; 2010 No. 22 s 4 ; 2012 No. 42 s 8\nom 2016 No. 12 s 305\npres s 7 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n- (a) thoroughbred racing;\n- (b) harness racing;\n- (c) greyhound racing.","sortOrder":3},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application of various public sector Acts","content":"### sec.8 Application of various public sector Acts\n\nThe board is—\na statutory body under the Financial Accountability Act 2009 ; and\na statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and\na unit of public administration under the Crime and Corruption Act 2001 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 8 prev s 8 om 2016 No. 12 s 305\npres s 8 ins 2012 No. 42 s 11\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 12 s 389 s ch 2 pt 1\n(sec.8-ssec.1) The board is— a statutory body under the Financial Accountability Act 2009 ; and a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and a unit of public administration under the Crime and Corruption Act 2001 .\n(sec.8-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n- (a) a statutory body under the Financial Accountability Act 2009 ; and\n- (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and\n- (c) a unit of public administration under the Crime and Corruption Act 2001 .","sortOrder":4},{"sectionNumber":"sec.9","sectionType":"section","heading":"Nature of board","content":"### sec.9 Nature of board\n\nThe board is not a body corporate and does not represent the State.\ns 9 prev s 9 amd 2012 No. 42 s 10\nom 2016 No. 12 s 305\npres s 9 ins 2016 No. 12 s 307","sortOrder":5},{"sectionNumber":"sec.9AF","sectionType":"section","heading":null,"content":"### Section sec.9AF\n\ns 9AF ins 2012 No. 42 s 11\nom 2016 No. 12 s 307","sortOrder":6},{"sectionNumber":"sec.9BN","sectionType":"section","heading":null,"content":"### Section sec.9BN\n\ns 9BN ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":7},{"sectionNumber":"sec.9BO","sectionType":"section","heading":null,"content":"### Section sec.9BO\n\ns 9BO ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":8},{"sectionNumber":"sec.9BP","sectionType":"section","heading":null,"content":"### Section sec.9BP\n\ns 9BP ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":9},{"sectionNumber":"sec.9BQ","sectionType":"section","heading":null,"content":"### Section sec.9BQ\n\ns 9BQ ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":10},{"sectionNumber":"sec.9BR","sectionType":"section","heading":null,"content":"### Section sec.9BR\n\ns 9BR ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":11},{"sectionNumber":"sec.9BS","sectionType":"section","heading":null,"content":"### Section sec.9BS\n\ns 9BS ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":12},{"sectionNumber":"sec.9BT","sectionType":"section","heading":null,"content":"### Section sec.9BT\n\ns 9BT ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":13},{"sectionNumber":"sec.9BU","sectionType":"section","heading":null,"content":"### Section sec.9BU\n\ns 9BU ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":14},{"sectionNumber":"sec.9BV","sectionType":"section","heading":null,"content":"### Section sec.9BV\n\ns 9BV ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":15},{"sectionNumber":"sec.9BW","sectionType":"section","heading":null,"content":"### Section sec.9BW\n\ns 9BW ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":16},{"sectionNumber":"sec.9BX","sectionType":"section","heading":null,"content":"### Section sec.9BX\n\ns 9BX ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":17},{"sectionNumber":"sec.9BY","sectionType":"section","heading":null,"content":"### Section sec.9BY\n\ns 9BY ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":18},{"sectionNumber":"sec.9BZ","sectionType":"section","heading":null,"content":"### Section sec.9BZ\n\ns 9BZ ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":19},{"sectionNumber":"sec.9CA","sectionType":"section","heading":null,"content":"### Section sec.9CA\n\ns 9CA ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":20},{"sectionNumber":"sec.9CB","sectionType":"section","heading":null,"content":"### Section sec.9CB\n\ns 9CB ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":21},{"sectionNumber":"sec.9CC","sectionType":"section","heading":null,"content":"### Section sec.9CC\n\ns 9CC ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":22},{"sectionNumber":"sec.9CD","sectionType":"section","heading":null,"content":"### Section sec.9CD\n\ns 9CD ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":23},{"sectionNumber":"sec.9CE","sectionType":"section","heading":null,"content":"### Section sec.9CE\n\ns 9CE ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":24},{"sectionNumber":"sec.9CF","sectionType":"section","heading":null,"content":"### Section sec.9CF\n\ns 9CF ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":25},{"sectionNumber":"sec.9CG","sectionType":"section","heading":null,"content":"### Section sec.9CG\n\ns 9CG ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":26},{"sectionNumber":"sec.9CH","sectionType":"section","heading":null,"content":"### Section sec.9CH\n\ns 9CH ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":27},{"sectionNumber":"sec.9CI","sectionType":"section","heading":null,"content":"### Section sec.9CI\n\ns 9CI ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":28},{"sectionNumber":"sec.9CJ","sectionType":"section","heading":null,"content":"### Section sec.9CJ\n\ns 9CJ ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":29},{"sectionNumber":"sec.9CK","sectionType":"section","heading":null,"content":"### Section sec.9CK\n\ns 9CK ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":30},{"sectionNumber":"sec.9CL","sectionType":"section","heading":null,"content":"### Section sec.9CL\n\ns 9CL ins 2012 No. 42 s 11\namd 2013 No. 39 s 110 (1) sch 3 pt 1\nom 2016 No. 12 s 321","sortOrder":31},{"sectionNumber":"sec.9CM","sectionType":"section","heading":null,"content":"### Section sec.9CM\n\ns 9CM ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":32},{"sectionNumber":"sec.9CN","sectionType":"section","heading":null,"content":"### Section sec.9CN\n\ns 9CN ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":33},{"sectionNumber":"sec.9CO","sectionType":"section","heading":null,"content":"### Section sec.9CO\n\ns 9CO ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":34},{"sectionNumber":"sec.9CP","sectionType":"section","heading":null,"content":"### Section sec.9CP\n\ns 9CP ins 2012 No. 42 s 11\nom 2016 No. 12 s 321","sortOrder":35},{"sectionNumber":"ch.2-pt.1-div.2","sectionType":"division","heading":"Board’s functions and powers","content":"## Board’s functions and powers","sortOrder":36},{"sectionNumber":"sec.10","sectionType":"section","heading":"Functions of board","content":"### sec.10 Functions of board\n\nThe primary function of the board is to be the control body in relation to each of the board codes of racing and, as stated in section 81 , to manage its codes of racing.\nThe board must perform its primary function in a way that is in the best interests of the board codes of racing collectively while having regard to the interests of each individual code.\nThe primary function includes, but is not limited to, each of the following matters relevant to the board codes of racing collectively and individually—\nidentifying, assessing and developing responses to strategic issues, including challenges relevant to each code and all the board codes of racing;\nleading and undertaking negotiations with other entities about the strategic issues, and about agreements, that affect each code and all the board codes of racing;\nidentifying priorities for major capital expenditure for each code and all the board codes of racing;\ndeveloping and implementing plans and strategies for developing, promoting and marketing each code and all the board codes of racing;\nmaking recommendations to the Minister as it considers appropriate;\nworking collaboratively with the commission and others to ensure the integrity of the racing industry in Queensland;\nconsidering a matter referred to the board by the Minister and reporting to the Minister about the matter.\ns 10 ins 2012 No. 42 s 11\nsub 2016 No. 12 s 307\n(sec.10-ssec.1) The primary function of the board is to be the control body in relation to each of the board codes of racing and, as stated in section 81 , to manage its codes of racing.\n(sec.10-ssec.2) The board must perform its primary function in a way that is in the best interests of the board codes of racing collectively while having regard to the interests of each individual code.\n(sec.10-ssec.3) The primary function includes, but is not limited to, each of the following matters relevant to the board codes of racing collectively and individually— identifying, assessing and developing responses to strategic issues, including challenges relevant to each code and all the board codes of racing; leading and undertaking negotiations with other entities about the strategic issues, and about agreements, that affect each code and all the board codes of racing; identifying priorities for major capital expenditure for each code and all the board codes of racing; developing and implementing plans and strategies for developing, promoting and marketing each code and all the board codes of racing; making recommendations to the Minister as it considers appropriate; working collaboratively with the commission and others to ensure the integrity of the racing industry in Queensland; considering a matter referred to the board by the Minister and reporting to the Minister about the matter.\n- (a) identifying, assessing and developing responses to strategic issues, including challenges relevant to each code and all the board codes of racing;\n- (b) leading and undertaking negotiations with other entities about the strategic issues, and about agreements, that affect each code and all the board codes of racing;\n- (c) identifying priorities for major capital expenditure for each code and all the board codes of racing;\n- (d) developing and implementing plans and strategies for developing, promoting and marketing each code and all the board codes of racing;\n- (e) making recommendations to the Minister as it considers appropriate;\n- (f) working collaboratively with the commission and others to ensure the integrity of the racing industry in Queensland;\n- (g) considering a matter referred to the board by the Minister and reporting to the Minister about the matter.","sortOrder":37},{"sectionNumber":"sec.11","sectionType":"section","heading":"Powers of board","content":"### sec.11 Powers of board\n\nThe board has—\nthe powers mentioned in section 82 as the control body for each board code of racing; and\nthe powers stated in subsection (2) ; and\nthe powers to do anything else necessary or convenient for performing its primary function or otherwise to discharge an obligation imposed on the board under this Act or another Act.\nThe board has the powers of an individual and may, for example—\nenter into contracts and agreements; and\nacquire, hold, deal with or dispose of property; and\nengage consultants or contractors; and\nappoint agents and attorneys; and\nemploy staff.\nSubject to section 10 (2) , if a provision of this Act states that a control body—\nmust exercise a power in relation to a code of racing, the board must exercise the power for each board code of racing individually; and\nmay exercise a power in relation to a code of racing, the board may exercise the power for each board code of racing individually.\ns 11 ins 2012 No. 42 s 11\nsub 2016 No. 12 s 307\n(sec.11-ssec.1) The board has— the powers mentioned in section 82 as the control body for each board code of racing; and the powers stated in subsection (2) ; and the powers to do anything else necessary or convenient for performing its primary function or otherwise to discharge an obligation imposed on the board under this Act or another Act.\n(sec.11-ssec.2) The board has the powers of an individual and may, for example— enter into contracts and agreements; and acquire, hold, deal with or dispose of property; and engage consultants or contractors; and appoint agents and attorneys; and employ staff.\n(sec.11-ssec.3) Subject to section 10 (2) , if a provision of this Act states that a control body— must exercise a power in relation to a code of racing, the board must exercise the power for each board code of racing individually; and may exercise a power in relation to a code of racing, the board may exercise the power for each board code of racing individually.\n- (a) the powers mentioned in section 82 as the control body for each board code of racing; and\n- (b) the powers stated in subsection (2) ; and\n- (c) the powers to do anything else necessary or convenient for performing its primary function or otherwise to discharge an obligation imposed on the board under this Act or another Act.\n- (a) enter into contracts and agreements; and\n- (b) acquire, hold, deal with or dispose of property; and\n- (c) engage consultants or contractors; and\n- (d) appoint agents and attorneys; and\n- (e) employ staff.\n- (a) must exercise a power in relation to a code of racing, the board must exercise the power for each board code of racing individually; and\n- (b) may exercise a power in relation to a code of racing, the board may exercise the power for each board code of racing individually.","sortOrder":38},{"sectionNumber":"sec.12","sectionType":"section","heading":"Funding of country thoroughbred race meetings","content":"### sec.12 Funding of country thoroughbred race meetings\n\nThis section applies if, during a financial year, the board is paid 1 or more instalments under the Betting Tax Act 2018 , section 59B .\nThe board must apply an amount that is at least the prescribed amount to fund the country thoroughbred race meetings held during the financial year.\nSee also sections 44A and 84 for the board’s obligations to report on matters relating to country thoroughbred race meetings and to include details of country thoroughbred race meetings in the racing calendar prepared in relation to thoroughbred racing.\nA regulation may provide for the prescribed amount to be increased each financial year by the prescribed percentage.\nIn this section—\nprescribed amount means the amount prescribed by regulation.\nprescribed percentage means the percentage prescribed by regulation.\ns 12 ins 2012 No. 42 s 11\nsub 2016 No. 12 s 307 ; 2022 No. 30 s 71\n(sec.12-ssec.1) This section applies if, during a financial year, the board is paid 1 or more instalments under the Betting Tax Act 2018 , section 59B .\n(sec.12-ssec.2) The board must apply an amount that is at least the prescribed amount to fund the country thoroughbred race meetings held during the financial year. See also sections 44A and 84 for the board’s obligations to report on matters relating to country thoroughbred race meetings and to include details of country thoroughbred race meetings in the racing calendar prepared in relation to thoroughbred racing.\n(sec.12-ssec.3) A regulation may provide for the prescribed amount to be increased each financial year by the prescribed percentage.\n(sec.12-ssec.4) In this section— prescribed amount means the amount prescribed by regulation. prescribed percentage means the percentage prescribed by regulation.","sortOrder":39},{"sectionNumber":"sec.13","sectionType":"section","heading":"Delegation by board","content":"### sec.13 Delegation by board\n\nThe board may delegate its powers to an appropriately qualified person.\ns 13 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1","sortOrder":40},{"sectionNumber":"ch.2-pt.1-div.3","sectionType":"division","heading":"Composition","content":"## Composition","sortOrder":41},{"sectionNumber":"sec.14","sectionType":"section","heading":"Composition","content":"### sec.14 Composition\n\nThe board consists of at least 3, but not more than 9, persons (each a member ) as follows—\n1 person to represent thoroughbred racing;\n1 person to represent harness racing;\n1 person to represent greyhound racing;\nup to 6 other persons.\nA member is appointed by the Governor in Council on the recommendation of the Minister under section 15 .\nThe instrument of appointment of a member appointed under subsection (1) (a) , (b) or (c) must state the code of racing the person is to represent.\ns 14 ins 2012 No. 42 s 11\nsub 2016 No. 12 s 308 ; 2026 No. 3 s 33C\n(sec.14-ssec.1) The board consists of at least 3, but not more than 9, persons (each a member ) as follows— 1 person to represent thoroughbred racing; 1 person to represent harness racing; 1 person to represent greyhound racing; up to 6 other persons.\n(sec.14-ssec.2) A member is appointed by the Governor in Council on the recommendation of the Minister under section 15 .\n(sec.14-ssec.3) The instrument of appointment of a member appointed under subsection (1) (a) , (b) or (c) must state the code of racing the person is to represent.\n- (a) 1 person to represent thoroughbred racing;\n- (b) 1 person to represent harness racing;\n- (c) 1 person to represent greyhound racing;\n- (d) up to 6 other persons.","sortOrder":42},{"sectionNumber":"sec.15","sectionType":"section","heading":"Minister’s recommendation of person for appointment","content":"### sec.15 Minister’s recommendation of person for appointment\n\nThe Minister may recommend a person for appointment as a member only if satisfied—\nthe person is an eligible individual; and\nthe person is suitable to be appointed as a member; and\nthe person satisfies the requirements under subsection (3) for the appointment.\nFor subsection (1) (b) , in deciding whether a person is suitable to be appointed as a member, the Minister must have regard to the following matters—\nthe person’s background;\nthe person’s business reputation, if any, and character;\nthe person’s financial background and current financial position.\nFor subsection (1) (c) , the person must—\nfor appointment under section 14 (1) (a) —have skills and experience in thoroughbred racing; or\nfor appointment under section 14 (1) (b) —have skills and experience in harness racing; or\nfor appointment under section 14 (1) (c) —have skills and experience in greyhound racing; or\nfor appointment under section 14 (1) (d) —\nhave skills and experience in 1 or more relevant areas; or\nlive in a rural or regional part of the State.\nAlso, in deciding whether to recommend a person for appointment as a member, the Minister must have regard to whether the person’s skills and experience in the relevant areas will complement the skills and experience of the other members in the relevant areas.\nIn this section—\nrelevant area means—\naccounting; or\nanimal welfare; or\nbusiness; or\ncommercial and marketing development; or\nthoroughbred racing, harness racing or greyhound racing; or\nan area relevant to the function of the board under section 10 (3) (f) .\ns 15 ins 2012 No. 42 s 11\nsub 2016 No. 12 s 308 ; 2026 No. 3 s 33C\n(sec.15-ssec.1) The Minister may recommend a person for appointment as a member only if satisfied— the person is an eligible individual; and the person is suitable to be appointed as a member; and the person satisfies the requirements under subsection (3) for the appointment.\n(sec.15-ssec.2) For subsection (1) (b) , in deciding whether a person is suitable to be appointed as a member, the Minister must have regard to the following matters— the person’s background; the person’s business reputation, if any, and character; the person’s financial background and current financial position.\n(sec.15-ssec.3) For subsection (1) (c) , the person must— for appointment under section 14 (1) (a) —have skills and experience in thoroughbred racing; or for appointment under section 14 (1) (b) —have skills and experience in harness racing; or for appointment under section 14 (1) (c) —have skills and experience in greyhound racing; or for appointment under section 14 (1) (d) — have skills and experience in 1 or more relevant areas; or live in a rural or regional part of the State.\n(sec.15-ssec.4) Also, in deciding whether to recommend a person for appointment as a member, the Minister must have regard to whether the person’s skills and experience in the relevant areas will complement the skills and experience of the other members in the relevant areas.\n(sec.15-ssec.5) In this section— relevant area means— accounting; or animal welfare; or business; or commercial and marketing development; or thoroughbred racing, harness racing or greyhound racing; or an area relevant to the function of the board under section 10 (3) (f) .\n- (a) the person is an eligible individual; and\n- (b) the person is suitable to be appointed as a member; and\n- (c) the person satisfies the requirements under subsection (3) for the appointment.\n- (a) the person’s background;\n- (b) the person’s business reputation, if any, and character;\n- (c) the person’s financial background and current financial position.\n- (a) for appointment under section 14 (1) (a) —have skills and experience in thoroughbred racing; or\n- (b) for appointment under section 14 (1) (b) —have skills and experience in harness racing; or\n- (c) for appointment under section 14 (1) (c) —have skills and experience in greyhound racing; or\n- (d) for appointment under section 14 (1) (d) — (i) have skills and experience in 1 or more relevant areas; or (ii) live in a rural or regional part of the State.\n- (i) have skills and experience in 1 or more relevant areas; or\n- (ii) live in a rural or regional part of the State.\n- (i) have skills and experience in 1 or more relevant areas; or\n- (ii) live in a rural or regional part of the State.\n- (a) accounting; or\n- (b) animal welfare; or\n- (c) business; or\n- (d) commercial and marketing development; or\n- (e) thoroughbred racing, harness racing or greyhound racing; or\n- (f) an area relevant to the function of the board under section 10 (3) (f) .","sortOrder":43},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Term of appointment","content":"### sec.15A Term of appointment\n\nA member holds office for the term stated in the member’s instrument of appointment.\nThe stated term must not be longer than 3 years.\nA member may be reappointed.\nHowever, a member may not be reappointed for a term that would result in the member holding office continuously for more than 9 years at a time.\nFor applying subsection (4) , any period for which a person has held office as a member because of an appointment under section 19 is to be disregarded.\nSee also section 234 in relation to other periods that must be disregarded.\nAlso, the terms of appointment of members must be staggered so that, to the extent practicable, the terms of 3 members end every year.\ns 15A ins 2026 No. 3 s 33C\n(sec.15A-ssec.1) A member holds office for the term stated in the member’s instrument of appointment.\n(sec.15A-ssec.2) The stated term must not be longer than 3 years.\n(sec.15A-ssec.3) A member may be reappointed.\n(sec.15A-ssec.4) However, a member may not be reappointed for a term that would result in the member holding office continuously for more than 9 years at a time.\n(sec.15A-ssec.5) For applying subsection (4) , any period for which a person has held office as a member because of an appointment under section 19 is to be disregarded. See also section 234 in relation to other periods that must be disregarded.\n(sec.15A-ssec.6) Also, the terms of appointment of members must be staggered so that, to the extent practicable, the terms of 3 members end every year.","sortOrder":44},{"sectionNumber":"sec.16","sectionType":"section","heading":"Vacancy in member’s office","content":"### sec.16 Vacancy in member’s office\n\nThe office of a member becomes vacant if—\nthe member resigns by signed notice given to the Minister; or\nthe member ceases to be an eligible individual; or\nthe member is absent, without reasonable cause, from 3 consecutive meetings of the board after being given notice of the meeting and, within 6 weeks after the last of those meetings, is not excused by the board for the 3 absences; or\nthe member is removed from office under subsection (2) .\nThe Governor in Council may remove a member from office as a member for any reason or none.\ns 16 ins 2012 No. 42 s 11\namd 2016 No. 12 s 309\n(sec.16-ssec.1) The office of a member becomes vacant if— the member resigns by signed notice given to the Minister; or the member ceases to be an eligible individual; or the member is absent, without reasonable cause, from 3 consecutive meetings of the board after being given notice of the meeting and, within 6 weeks after the last of those meetings, is not excused by the board for the 3 absences; or the member is removed from office under subsection (2) .\n(sec.16-ssec.2) The Governor in Council may remove a member from office as a member for any reason or none.\n- (a) the member resigns by signed notice given to the Minister; or\n- (b) the member ceases to be an eligible individual; or\n- (c) the member is absent, without reasonable cause, from 3 consecutive meetings of the board after being given notice of the meeting and, within 6 weeks after the last of those meetings, is not excused by the board for the 3 absences; or\n- (d) the member is removed from office under subsection (2) .","sortOrder":45},{"sectionNumber":"sec.17","sectionType":"section","heading":"Chairperson","content":"### sec.17 Chairperson\n\nThe Governor in Council must, on the recommendation of the Minister, appoint a member to be the chairperson of the board.\nA person may be appointed as the chairperson at the same time as the person is appointed as a member or at another time.\nThe chairperson holds office for the term stated in the person’s instrument of appointment as chairperson.\nThe stated term must end not later than the person’s term of appointment as a member.\ns 17 ins 2012 No. 42 s 11\namd 2016 No. 12 s 310 ; 2026 No. 3 s 33D\n(sec.17-ssec.1) The Governor in Council must, on the recommendation of the Minister, appoint a member to be the chairperson of the board.\n(sec.17-ssec.2) A person may be appointed as the chairperson at the same time as the person is appointed as a member or at another time.\n(sec.17-ssec.3) The chairperson holds office for the term stated in the person’s instrument of appointment as chairperson.\n(sec.17-ssec.4) The stated term must end not later than the person’s term of appointment as a member.","sortOrder":46},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Deputy chairperson","content":"### sec.17A Deputy chairperson\n\nThe Governor in Council may, on the recommendation of the Minister, appoint a member to be the deputy chairperson of the board.\nThe Minister may recommend a member for appointment as deputy chairperson only if—\nthe Minister has given the board a direction under section 28 (2) ; and\nthe board, in compliance with the direction, has given the Minister notice of its nomination of the member as deputy chairperson.\nThe deputy chairperson holds office for the term stated in the person’s instrument of appointment as deputy chairperson.\nThe stated term must end not later than the person’s term of appointment as a member.\ns 17A ins 2026 No. 3 s 33E\n(sec.17A-ssec.1) The Governor in Council may, on the recommendation of the Minister, appoint a member to be the deputy chairperson of the board.\n(sec.17A-ssec.2) The Minister may recommend a member for appointment as deputy chairperson only if— the Minister has given the board a direction under section 28 (2) ; and the board, in compliance with the direction, has given the Minister notice of its nomination of the member as deputy chairperson.\n(sec.17A-ssec.3) The deputy chairperson holds office for the term stated in the person’s instrument of appointment as deputy chairperson.\n(sec.17A-ssec.4) The stated term must end not later than the person’s term of appointment as a member.\n- (a) the Minister has given the board a direction under section 28 (2) ; and\n- (b) the board, in compliance with the direction, has given the Minister notice of its nomination of the member as deputy chairperson.","sortOrder":47},{"sectionNumber":"sec.18","sectionType":"section","heading":"Vacancy in chairperson’s or deputy chairperson’s office","content":"### sec.18 Vacancy in chairperson’s or deputy chairperson’s office\n\nThe office of chairperson or deputy chairperson becomes vacant if the chairperson or deputy chairperson—\nceases to be a member; or\nresigns office as chairperson or deputy chairperson by signed notice given to the Minister; or\nis removed from office under subsection (3) .\nThe chairperson or deputy chairperson may resign office as chairperson or deputy chairperson without resigning office as a member.\nThe Governor in Council may remove a person from office as the chairperson or deputy chairperson for any reason or none.\ns 18 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.18-ssec.1) The office of chairperson or deputy chairperson becomes vacant if the chairperson or deputy chairperson— ceases to be a member; or resigns office as chairperson or deputy chairperson by signed notice given to the Minister; or is removed from office under subsection (3) .\n(sec.18-ssec.2) The chairperson or deputy chairperson may resign office as chairperson or deputy chairperson without resigning office as a member.\n(sec.18-ssec.3) The Governor in Council may remove a person from office as the chairperson or deputy chairperson for any reason or none.\n- (a) ceases to be a member; or\n- (b) resigns office as chairperson or deputy chairperson by signed notice given to the Minister; or\n- (c) is removed from office under subsection (3) .","sortOrder":48},{"sectionNumber":"sec.19","sectionType":"section","heading":"Casual vacancy","content":"### sec.19 Casual vacancy\n\nIf the office of a member, chairperson or deputy chairperson becomes vacant before the end of the member’s, chairperson’s or deputy chairperson’s term, the Governor in Council may appoint a person who is eligible to be appointed under section 14 , 17 or 17A to the board or to the office of chairperson or deputy chairperson.\nA person appointed under subsection (1) —\ncompletes the rest of the term of appointment of the member, chairperson or deputy chairperson that the person is replacing; and\nis eligible for reappointment at the end of the term stated in paragraph (a) .\ns 19 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1 ; 2026 No. 3 s 33F\n(sec.19-ssec.1) If the office of a member, chairperson or deputy chairperson becomes vacant before the end of the member’s, chairperson’s or deputy chairperson’s term, the Governor in Council may appoint a person who is eligible to be appointed under section 14 , 17 or 17A to the board or to the office of chairperson or deputy chairperson.\n(sec.19-ssec.2) A person appointed under subsection (1) — completes the rest of the term of appointment of the member, chairperson or deputy chairperson that the person is replacing; and is eligible for reappointment at the end of the term stated in paragraph (a) .\n- (a) completes the rest of the term of appointment of the member, chairperson or deputy chairperson that the person is replacing; and\n- (b) is eligible for reappointment at the end of the term stated in paragraph (a) .","sortOrder":49},{"sectionNumber":"sec.20","sectionType":"section","heading":"Effect of vacancy in membership","content":"### sec.20 Effect of vacancy in membership\n\nDespite section 14 (1) (a) , (b) or (c) or 17 (1) , the performance of a function, or exercise of a power, by the board is not affected merely because of a vacancy in the office of a member or the chairperson.\ns 20 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1 ; 2026 No. 3 s 33G","sortOrder":50},{"sectionNumber":"sec.21","sectionType":"section","heading":"Remuneration and other conditions of appointment","content":"### sec.21 Remuneration and other conditions of appointment\n\nA member is to be paid the remuneration decided by the Governor in Council.\nA member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\ns 21 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.21-ssec.1) A member is to be paid the remuneration decided by the Governor in Council.\n(sec.21-ssec.2) A member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":51},{"sectionNumber":"ch.2-pt.1-div.4","sectionType":"division","heading":"Board business and meetings","content":"## Board business and meetings","sortOrder":52},{"sectionNumber":"sec.22","sectionType":"section","heading":"Conduct of business","content":"### sec.22 Conduct of business\n\nSubject to this Act, the board may conduct its business, including its meetings, in the way it considers appropriate.\ns 22 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1","sortOrder":53},{"sectionNumber":"sec.23","sectionType":"section","heading":"Time and place of meetings","content":"### sec.23 Time and place of meetings\n\nThe board may hold its meetings when and where the chairperson decides.\nHowever, the chairperson must call a meeting if asked in writing by at least 1 other member.\ns 23 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.23-ssec.1) The board may hold its meetings when and where the chairperson decides.\n(sec.23-ssec.2) However, the chairperson must call a meeting if asked in writing by at least 1 other member.","sortOrder":54},{"sectionNumber":"sec.24","sectionType":"section","heading":"Quorum","content":"### sec.24 Quorum\n\nA quorum for a meeting of the board is a majority of the members at the time the meeting is held.\ns 24 ins 2012 No. 42 s 11\namd 2016 No. 12 s 311 ; 2026 No. 3 s 33H","sortOrder":55},{"sectionNumber":"sec.25","sectionType":"section","heading":"Presiding at meetings","content":"### sec.25 Presiding at meetings\n\nThe chairperson presides at all meetings of the board at which the chairperson is present.\nIf the chairperson is absent, the deputy chairperson presides.\nIf both the chairperson and deputy chairperson are absent from a meeting, including because of a vacancy in an office of chairperson or deputy chairperson, the member chosen by the members present is to preside at the meeting.\ns 25 ins 2012 No. 42 s 11\namd 2016 No. 12 s 312 ; 2026 No. 3 s 33I\n(sec.25-ssec.1) The chairperson presides at all meetings of the board at which the chairperson is present.\n(sec.25-ssec.2) If the chairperson is absent, the deputy chairperson presides.\n(sec.25-ssec.3) If both the chairperson and deputy chairperson are absent from a meeting, including because of a vacancy in an office of chairperson or deputy chairperson, the member chosen by the members present is to preside at the meeting.","sortOrder":56},{"sectionNumber":"sec.26","sectionType":"section","heading":"Conduct of meetings","content":"### sec.26 Conduct of meetings\n\nThe board may conduct its meetings by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meetings.\nA member who takes part in a meeting of the board under subsection (1) is taken to be present at the meeting.\nA question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting.\nIf the votes are equal, the person who, under section 25 , is presiding at the meeting has a casting vote.\nA resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if—\nat least half the members give written agreement to the resolution; and\nnotice of the resolution is given in accordance with procedures approved by the board.\ns 26 ins 2012 No. 42 s 11\namd 2016 No. 12 s 313\n(sec.26-ssec.1) The board may conduct its meetings by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meetings.\n(sec.26-ssec.2) A member who takes part in a meeting of the board under subsection (1) is taken to be present at the meeting.\n(sec.26-ssec.3) A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting.\n(sec.26-ssec.4) If the votes are equal, the person who, under section 25 , is presiding at the meeting has a casting vote.\n(sec.26-ssec.5) A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if— at least half the members give written agreement to the resolution; and notice of the resolution is given in accordance with procedures approved by the board.\n- (a) at least half the members give written agreement to the resolution; and\n- (b) notice of the resolution is given in accordance with procedures approved by the board.","sortOrder":57},{"sectionNumber":"sec.27","sectionType":"section","heading":"Annual meeting","content":"### sec.27 Annual meeting\n\nThe board must, within 2 months after its annual report is tabled in the Legislative Assembly, hold an annual meeting.\nThe annual meeting must be open to the public.\nThe board must give 4 weeks notice of when and where it intends to hold its annual meeting on its website.\ns 27 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.27-ssec.1) The board must, within 2 months after its annual report is tabled in the Legislative Assembly, hold an annual meeting.\n(sec.27-ssec.2) The annual meeting must be open to the public.\n(sec.27-ssec.3) The board must give 4 weeks notice of when and where it intends to hold its annual meeting on its website.","sortOrder":58},{"sectionNumber":"sec.28","sectionType":"section","heading":"Minister may direct convening of meeting etc.","content":"### sec.28 Minister may direct convening of meeting etc.\n\nThe Minister may direct the board to convene a meeting to consider a matter specified by the Minister.\nWithout limiting subsection (1) , the Minister may direct the board to—\nconvene a meeting to nominate a member, other than the chairperson, for appointment as the deputy chairperson; and\ngive the Minister notice of the board’s nomination as soon as practicable after the meeting is convened.\nThe board is to comply with the Minister’s direction.\ns 28 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1 ; 2026 No. 3 s 33J\n(sec.28-ssec.1) The Minister may direct the board to convene a meeting to consider a matter specified by the Minister.\n(sec.28-ssec.2) Without limiting subsection (1) , the Minister may direct the board to— convene a meeting to nominate a member, other than the chairperson, for appointment as the deputy chairperson; and give the Minister notice of the board’s nomination as soon as practicable after the meeting is convened.\n(sec.28-ssec.3) The board is to comply with the Minister’s direction.\n- (a) convene a meeting to nominate a member, other than the chairperson, for appointment as the deputy chairperson; and\n- (b) give the Minister notice of the board’s nomination as soon as practicable after the meeting is convened.","sortOrder":59},{"sectionNumber":"sec.29","sectionType":"section","heading":"Minutes and other records","content":"### sec.29 Minutes and other records\n\nThe board must keep—\nminutes of its meetings; and\na record of its decisions and resolutions.\ns 29 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n- (a) minutes of its meetings; and\n- (b) a record of its decisions and resolutions.","sortOrder":60},{"sectionNumber":"sec.30","sectionType":"section","heading":"Dissenting opinion to be reported","content":"### sec.30 Dissenting opinion to be reported\n\nA member attending a meeting who objects to a decision made at the meeting in relation to the provision of advice to the Minister on a matter may require the member’s objection, and the member’s reasons for the objection, to be—\nrecorded in the minutes of the meeting; and\nreported in writing to the Minister when the advice is provided.\nThe board is to comply with the requirement.\ns 30 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.30-ssec.1) A member attending a meeting who objects to a decision made at the meeting in relation to the provision of advice to the Minister on a matter may require the member’s objection, and the member’s reasons for the objection, to be— recorded in the minutes of the meeting; and reported in writing to the Minister when the advice is provided.\n(sec.30-ssec.2) The board is to comply with the requirement.\n- (a) recorded in the minutes of the meeting; and\n- (b) reported in writing to the Minister when the advice is provided.","sortOrder":61},{"sectionNumber":"ch.2-pt.1-div.5","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":62},{"sectionNumber":"sec.31","sectionType":"section","heading":"Chief executive officer of board","content":"### sec.31 Chief executive officer of board\n\nThe board is to have a chief executive officer.\nThe chief executive officer of the board is appointed by the Governor in Council.\nA person is eligible for appointment to be the chief executive officer if the person—\nis recommended by the board; and\nis, on the day of the appointment, an eligible individual; and\nis suitable to be appointed as the chief executive officer; and\nhas skills, expertise and experience to perform the functions of the chief executive officer; and\nis not, on the day of the appointment, and was not, for 2 years before that day, a member, commissioner, deputy commissioner or employee of the commission.\nFor subsection (3) (c) , in making a decision about the person’s suitability, the Governor in Council must have regard to each of the following—\nthe person’s character or business reputation;\nthe person’s current financial position and financial background;\nthe person’s background.\ns 31 ins 2012 No. 42 s 11\namd 2016 No. 12 s 314\n(sec.31-ssec.1) The board is to have a chief executive officer.\n(sec.31-ssec.2) The chief executive officer of the board is appointed by the Governor in Council.\n(sec.31-ssec.3) A person is eligible for appointment to be the chief executive officer if the person— is recommended by the board; and is, on the day of the appointment, an eligible individual; and is suitable to be appointed as the chief executive officer; and has skills, expertise and experience to perform the functions of the chief executive officer; and is not, on the day of the appointment, and was not, for 2 years before that day, a member, commissioner, deputy commissioner or employee of the commission.\n(sec.31-ssec.4) For subsection (3) (c) , in making a decision about the person’s suitability, the Governor in Council must have regard to each of the following— the person’s character or business reputation; the person’s current financial position and financial background; the person’s background.\n- (a) is recommended by the board; and\n- (b) is, on the day of the appointment, an eligible individual; and\n- (c) is suitable to be appointed as the chief executive officer; and\n- (d) has skills, expertise and experience to perform the functions of the chief executive officer; and\n- (e) is not, on the day of the appointment, and was not, for 2 years before that day, a member, commissioner, deputy commissioner or employee of the commission.\n- (a) the person’s character or business reputation;\n- (b) the person’s current financial position and financial background;\n- (c) the person’s background.","sortOrder":63},{"sectionNumber":"sec.32","sectionType":"section","heading":"Term of office","content":"### sec.32 Term of office\n\nThe chief executive officer holds office for a term of 3 years.\nThe chief executive officer may be reappointed.\ns 32 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.32-ssec.1) The chief executive officer holds office for a term of 3 years.\n(sec.32-ssec.2) The chief executive officer may be reappointed.","sortOrder":64},{"sectionNumber":"sec.33","sectionType":"section","heading":"Functions of chief executive officer","content":"### sec.33 Functions of chief executive officer\n\nThe main functions of the chief executive officer are as follows—\nto ensure the all-codes board is managed in accordance with the priorities of the board;\nto ensure the efficient and effective administration of the board;\nto ensure the board complies with the requirements of this Act and other Acts.\ns 33 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n- (a) to ensure the all-codes board is managed in accordance with the priorities of the board;\n- (b) to ensure the efficient and effective administration of the board;\n- (c) to ensure the board complies with the requirements of this Act and other Acts.","sortOrder":65},{"sectionNumber":"sec.34","sectionType":"section","heading":"Remuneration and conditions of appointment","content":"### sec.34 Remuneration and conditions of appointment\n\nThe chief executive officer is employed under this Act and not under the Public Sector Act 2022 .\nThe chief executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council, including, for example, remuneration and allowances.\ns 34 ins 2012 No. 42 s 11\namd 2016 No. 12 s 315 ; 2022 No. 34 s 365 sch 3\n(sec.34-ssec.1) The chief executive officer is employed under this Act and not under the Public Sector Act 2022 .\n(sec.34-ssec.2) The chief executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council, including, for example, remuneration and allowances.","sortOrder":66},{"sectionNumber":"sec.35","sectionType":"section","heading":"Vacancy","content":"### sec.35 Vacancy\n\nThe office of chief executive officer becomes vacant if the chief executive officer—\ncompletes the term of office and is not reappointed; or\nresigns by signed notice given to the Minister; or\nceases to be an eligible individual; or\nis removed by the Governor in Council under subsection (2) .\nThe Governor in Council may remove the chief executive officer for any reason or none.\ns 35 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.35-ssec.1) The office of chief executive officer becomes vacant if the chief executive officer— completes the term of office and is not reappointed; or resigns by signed notice given to the Minister; or ceases to be an eligible individual; or is removed by the Governor in Council under subsection (2) .\n(sec.35-ssec.2) The Governor in Council may remove the chief executive officer for any reason or none.\n- (a) completes the term of office and is not reappointed; or\n- (b) resigns by signed notice given to the Minister; or\n- (c) ceases to be an eligible individual; or\n- (d) is removed by the Governor in Council under subsection (2) .","sortOrder":67},{"sectionNumber":"sec.36","sectionType":"section","heading":"Acting chief executive officer","content":"### sec.36 Acting chief executive officer\n\nIf there is a vacancy in the office of chief executive officer or the chief executive officer is absent or for any reason is unable to perform the functions of the office, the board may appoint a person to act as chief executive officer for a period of not more than 3 months.\nHowever, the board can not appoint a person under subsection (1) for more than 3 months in any 1 year.\ns 36 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.36-ssec.1) If there is a vacancy in the office of chief executive officer or the chief executive officer is absent or for any reason is unable to perform the functions of the office, the board may appoint a person to act as chief executive officer for a period of not more than 3 months.\n(sec.36-ssec.2) However, the board can not appoint a person under subsection (1) for more than 3 months in any 1 year.","sortOrder":68},{"sectionNumber":"sec.37","sectionType":"section","heading":"Delegation by chief executive officer","content":"### sec.37 Delegation by chief executive officer\n\nThe chief executive officer may delegate a function of the chief executive officer to an appropriately qualified person approved by the board.\ns 37 prev s 37 om 2016 No. 12 s 337\npres s 37 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1","sortOrder":69},{"sectionNumber":"ch.2-pt.1-div.6","sectionType":"division","heading":"Information to be collected about potential member and chief executive officer","content":"## Information to be collected about potential member and chief executive officer","sortOrder":70},{"sectionNumber":"sec.38","sectionType":"section","heading":"Chief executive to gather information about candidate","content":"### sec.38 Chief executive to gather information about candidate\n\nBefore a person (a candidate ) may be appointed as a member or the chief executive officer, the candidate must sign a consent form that gives the candidate’s consent to the following—\nthe collection of personal information about the candidate by or for the chief executive;\nthe collection of background information by or for the chief executive;\na criminal history check.\nThe chief executive may, by notice given to the candidate, require the candidate to give the chief executive further information or a document relating to the candidate within a reasonable time stated in the notice.\ns 38 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.38-ssec.1) Before a person (a candidate ) may be appointed as a member or the chief executive officer, the candidate must sign a consent form that gives the candidate’s consent to the following— the collection of personal information about the candidate by or for the chief executive; the collection of background information by or for the chief executive; a criminal history check.\n(sec.38-ssec.2) The chief executive may, by notice given to the candidate, require the candidate to give the chief executive further information or a document relating to the candidate within a reasonable time stated in the notice.\n- (a) the collection of personal information about the candidate by or for the chief executive;\n- (b) the collection of background information by or for the chief executive;\n- (c) a criminal history check.","sortOrder":71},{"sectionNumber":"sec.39","sectionType":"section","heading":"Obtaining criminal history of candidate","content":"### sec.39 Obtaining criminal history of candidate\n\nThe chief executive may ask the police commissioner for the following—\na written report on the candidate’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the candidate’s criminal history.\nAfter receiving the request, the police commissioner must give the report on the candidate’s criminal history to the chief executive.\nHowever, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access.\nIn this section—\ncandidate means a candidate as mentioned in section 38 who has given a signed consent form for a criminal history check.\ns 39 prev s 39 om 2016 No. 12 s 339\npres s 39 ins 2012 No. 42 s 11\namd 2016 No. 12 s 316\n(sec.39-ssec.1) The chief executive may ask the police commissioner for the following— a written report on the candidate’s criminal history; and a brief description of the circumstances of a conviction mentioned in the candidate’s criminal history.\n(sec.39-ssec.2) After receiving the request, the police commissioner must give the report on the candidate’s criminal history to the chief executive.\n(sec.39-ssec.3) However, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access.\n(sec.39-ssec.4) In this section— candidate means a candidate as mentioned in section 38 who has given a signed consent form for a criminal history check.\n- (a) a written report on the candidate’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the candidate’s criminal history.","sortOrder":72},{"sectionNumber":"ch.2-pt.1-div.7","sectionType":"division","heading":"Duties of executive officers and employees of board","content":"## Duties of executive officers and employees of board","sortOrder":73},{"sectionNumber":"sec.40","sectionType":"section","heading":"Duty to act honestly and exercise care and diligence","content":"### sec.40 Duty to act honestly and exercise care and diligence\n\nAn executive officer of the board must act honestly, and must exercise a reasonable degree of care and diligence, when performing the executive officer’s functions and exercising the executive officer’s powers.\nA current or former executive officer must not make improper use of information acquired because of the executive officer’s position as an executive officer—\nto gain, directly or indirectly, an advantage for the executive officer or for any other person; or\nto cause detriment to the board or a board code of racing.\nAn executive officer must not make improper use of the executive officer’s position as an executive officer—\nto gain, directly or indirectly, an advantage for the executive officer or for any other person; or\nto cause detriment to the board or a board code of racing.\nThis section—\nhas effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of an executive officer of the board; and\ndoes not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability.\ns 40 prev s 40 om 2016 No. 12 s 339\npres s 40 ins 2012 No. 42 s 11\namd 2016 No. 12 s 317\n(sec.40-ssec.1) An executive officer of the board must act honestly, and must exercise a reasonable degree of care and diligence, when performing the executive officer’s functions and exercising the executive officer’s powers.\n(sec.40-ssec.2) A current or former executive officer must not make improper use of information acquired because of the executive officer’s position as an executive officer— to gain, directly or indirectly, an advantage for the executive officer or for any other person; or to cause detriment to the board or a board code of racing.\n(sec.40-ssec.3) An executive officer must not make improper use of the executive officer’s position as an executive officer— to gain, directly or indirectly, an advantage for the executive officer or for any other person; or to cause detriment to the board or a board code of racing.\n(sec.40-ssec.4) This section— has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of an executive officer of the board; and does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability.\n- (a) to gain, directly or indirectly, an advantage for the executive officer or for any other person; or\n- (b) to cause detriment to the board or a board code of racing.\n- (a) to gain, directly or indirectly, an advantage for the executive officer or for any other person; or\n- (b) to cause detriment to the board or a board code of racing.\n- (a) has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of an executive officer of the board; and\n- (b) does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability.","sortOrder":74},{"sectionNumber":"sec.41","sectionType":"section","heading":"Member must disclose interest","content":"### sec.41 Member must disclose interest\n\nThis section applies if—\na member who is present at a meeting of the board (the interested member ) has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at the meeting; and\nSee section 26 (2) .\nthe interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.\nThe interested member must, as soon as possible after the relevant facts have come to the interested member’s knowledge, disclose the nature of the interest at the meeting.\nMaximum penalty—40 penalty units.\nParticulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose.\nUnless the board otherwise directs, the interested member must not—\nbe present during any deliberation of the board about the matter; or\ntake part in any decision of the board about the matter.\nFor the giving of a direction by the board under subsection (4) , the interested member must not—\nbe present during any deliberation of the board for the purpose of deciding whether to give the direction; or\ntake part in the decision about giving the direction by the board.\nA contravention of this section does not invalidate any decision of the board.\nHowever, if the board becomes aware a member has contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section.\nIf a member holds office under section 14 (1) (a) , (b) or (c) , the member may have regard to and act in the interests of the board code of racing stated in the member’s instrument of appointment.\nHowever, a member may not act in a way that is contrary to the interests of the board.\nA reference to an interest or a conflict of interest is a reference to a matter within its ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.\ns 41 prev s 41 amd 2012 No. 42 s 24\nom 2016 No. 12 s 341\npres s 41 ins 2012 No. 42 s 11\namd 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2016 No. 12 s 318 ; 2026 No. 3 s 33K\n(sec.41-ssec.1) This section applies if— a member who is present at a meeting of the board (the interested member ) has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at the meeting; and See section 26 (2) . the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.\n(sec.41-ssec.2) The interested member must, as soon as possible after the relevant facts have come to the interested member’s knowledge, disclose the nature of the interest at the meeting. Maximum penalty—40 penalty units.\n(sec.41-ssec.3) Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose.\n(sec.41-ssec.4) Unless the board otherwise directs, the interested member must not— be present during any deliberation of the board about the matter; or take part in any decision of the board about the matter.\n(sec.41-ssec.5) For the giving of a direction by the board under subsection (4) , the interested member must not— be present during any deliberation of the board for the purpose of deciding whether to give the direction; or take part in the decision about giving the direction by the board.\n(sec.41-ssec.6) A contravention of this section does not invalidate any decision of the board.\n(sec.41-ssec.7) However, if the board becomes aware a member has contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section.\n(sec.41-ssec.8) If a member holds office under section 14 (1) (a) , (b) or (c) , the member may have regard to and act in the interests of the board code of racing stated in the member’s instrument of appointment.\n(sec.41-ssec.9) However, a member may not act in a way that is contrary to the interests of the board.\n(sec.41-ssec.10) A reference to an interest or a conflict of interest is a reference to a matter within its ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.\n- (a) a member who is present at a meeting of the board (the interested member ) has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at the meeting; and Note— See section 26 (2) .\n- (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.\n- (a) be present during any deliberation of the board about the matter; or\n- (b) take part in any decision of the board about the matter.\n- (a) be present during any deliberation of the board for the purpose of deciding whether to give the direction; or\n- (b) take part in the decision about giving the direction by the board.","sortOrder":75},{"sectionNumber":"sec.42","sectionType":"section","heading":"Conflicts of interest","content":"### sec.42 Conflicts of interest\n\nIf a person employed by the board, other than a member, has an interest that conflicts or may conflict with the discharge of the person’s duties, the person—\nmust disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the person’s knowledge; and\nmust not take action or further action relating to a matter that is, or may be, affected by the conflict unless authorised by the board.\nMaximum penalty—40 penalty units.\nThe board may direct a person employed by the board to resolve a conflict or possible conflict between an interest of the person and the person’s duties.\nIf a disclosure is made by a person to the board as mentioned in subsection (1) , the board must give notice to the commission within 14 days after the disclosure about—\nthe disclosure; and\nany direction given by the board to the person.\nFor the interpretation of a reference to an interest or a conflict of interest, see section 41 (10) .\ns 42 ins 2012 No. 42 s 11\namd 2016 No. 12 s 319\n(sec.42-ssec.1) If a person employed by the board, other than a member, has an interest that conflicts or may conflict with the discharge of the person’s duties, the person— must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the person’s knowledge; and must not take action or further action relating to a matter that is, or may be, affected by the conflict unless authorised by the board. Maximum penalty—40 penalty units.\n(sec.42-ssec.2) The board may direct a person employed by the board to resolve a conflict or possible conflict between an interest of the person and the person’s duties.\n(sec.42-ssec.3) If a disclosure is made by a person to the board as mentioned in subsection (1) , the board must give notice to the commission within 14 days after the disclosure about— the disclosure; and any direction given by the board to the person.\n(sec.42-ssec.4) For the interpretation of a reference to an interest or a conflict of interest, see section 41 (10) .\n- (a) must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the person’s knowledge; and\n- (b) must not take action or further action relating to a matter that is, or may be, affected by the conflict unless authorised by the board.\n- (a) the disclosure; and\n- (b) any direction given by the board to the person.","sortOrder":76},{"sectionNumber":"ch.2-pt.1-div.8","sectionType":"division","heading":"Immunity for members and chief executive officer","content":"## Immunity for members and chief executive officer","sortOrder":77},{"sectionNumber":"sec.43","sectionType":"section","heading":"Protection from liability","content":"### sec.43 Protection from liability\n\nA member or the chief executive officer does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member or the chief executive, the liability attaches instead to the board.\ns 43 ins 2012 No. 42 s 11\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.43-ssec.1) A member or the chief executive officer does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.43-ssec.2) If subsection (1) prevents a civil liability attaching to a member or the chief executive, the liability attaches instead to the board.","sortOrder":78},{"sectionNumber":"ch.2-pt.1-div.9","sectionType":"division","heading":"Ministerial direction to board","content":"## Ministerial direction to board","sortOrder":79},{"sectionNumber":"sec.44","sectionType":"section","heading":"Ministerial direction to board about its functions or powers","content":"### sec.44 Ministerial direction to board about its functions or powers\n\nThe Minister may give the board a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is in the best interests of the Queensland racing industry to give the direction.\nHowever, the Minister may not give the board a direction about any of the following—\nthe allocation of race days, and the provision of funding, to licensed clubs to hold race meetings;\nthe prize money for races held for a board code of racing;\nstopping, restarting, rerunning, postponing or abandoning a race.\nThe board must comply with a direction given under subsection (1) .\ns 44 ins 2012 No. 42 s 11\namd 2016 No. 12 s 320 ; 2022 No. 30 s 72\n(sec.44-ssec.1) The Minister may give the board a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is in the best interests of the Queensland racing industry to give the direction.\n(sec.44-ssec.2) However, the Minister may not give the board a direction about any of the following— the allocation of race days, and the provision of funding, to licensed clubs to hold race meetings; the prize money for races held for a board code of racing; stopping, restarting, rerunning, postponing or abandoning a race.\n(sec.44-ssec.3) The board must comply with a direction given under subsection (1) .\n- (a) the allocation of race days, and the provision of funding, to licensed clubs to hold race meetings;\n- (b) the prize money for races held for a board code of racing;\n- (c) stopping, restarting, rerunning, postponing or abandoning a race.","sortOrder":80},{"sectionNumber":"ch.2-pt.1-div.10","sectionType":"division","heading":"Annual reports","content":"## Annual reports","sortOrder":81},{"sectionNumber":"sec.44A","sectionType":"section","heading":"Matters for inclusion in annual report","content":"### sec.44A Matters for inclusion in annual report\n\nThe board’s annual report for each financial year—\nmust include details of any direction given by the Minister under section 44 (1) during the financial year; and\nmay include a comment about the effect on the board’s activities of complying with the direction.\nAlso, the board’s annual report for each financial year must include details of—\nthe country thoroughbred race meetings held during the financial year; and\nthe amount applied under section 12 during the financial year to fund the race meetings mentioned in paragraph (a) .\nIn this section—\nannual report means an annual report prepared under the Financial Accountability Act 2009 , section 63 .\ns 44A ins 2022 No. 30 s 73\n(sec.44A-ssec.1) The board’s annual report for each financial year— must include details of any direction given by the Minister under section 44 (1) during the financial year; and may include a comment about the effect on the board’s activities of complying with the direction.\n(sec.44A-ssec.2) Also, the board’s annual report for each financial year must include details of— the country thoroughbred race meetings held during the financial year; and the amount applied under section 12 during the financial year to fund the race meetings mentioned in paragraph (a) .\n(sec.44A-ssec.3) In this section— annual report means an annual report prepared under the Financial Accountability Act 2009 , section 63 .\n- (a) must include details of any direction given by the Minister under section 44 (1) during the financial year; and\n- (b) may include a comment about the effect on the board’s activities of complying with the direction.\n- (a) the country thoroughbred race meetings held during the financial year; and\n- (b) the amount applied under section 12 during the financial year to fund the race meetings mentioned in paragraph (a) .","sortOrder":82},{"sectionNumber":"ch.2-pt.1-div.10-oc.2","sectionType":"division","heading":null,"content":"","sortOrder":83},{"sectionNumber":"ch.2-pt.1B","sectionType":"part","heading":null,"content":"","sortOrder":84},{"sectionNumber":"ch.2-pt.1B-div.1","sectionType":"division","heading":null,"content":"","sortOrder":85},{"sectionNumber":"ch.2-pt.1B-div.2","sectionType":"division","heading":null,"content":"","sortOrder":86},{"sectionNumber":"ch.2-pt.1B-div.3","sectionType":"division","heading":null,"content":"","sortOrder":87},{"sectionNumber":"ch.2-pt.1B-div.4","sectionType":"division","heading":null,"content":"","sortOrder":88},{"sectionNumber":"ch.2-pt.1B-div.5","sectionType":"division","heading":null,"content":"","sortOrder":89},{"sectionNumber":"ch.2-pt.1B-div.6","sectionType":"division","heading":null,"content":"","sortOrder":90},{"sectionNumber":"ch.2-pt.1B-div.7","sectionType":"division","heading":null,"content":"","sortOrder":91},{"sectionNumber":"ch.2-pt.1B-div.8","sectionType":"division","heading":null,"content":"","sortOrder":92},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Approved control bodies","content":"# Approved control bodies","sortOrder":93},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Applying for approval as control body for a code of racing","content":"## Applying for approval as control body for a code of racing","sortOrder":94},{"sectionNumber":"sec.45","sectionType":"section","heading":"An eligible corporation may apply for approval as a control body","content":"### sec.45 An eligible corporation may apply for approval as a control body\n\nAn eligible corporation may apply to the Minister for approval as the control body for a proposed code of racing.\nThe eligible corporation may apply for approval as the control body for the application code even if the corporation is, or has applied to be, the control body for another proposed code of racing.\nThe approval applicant may—\nwithdraw the approval application; or\namend the approval application subject to the matters prescribed by regulation about the way in which an approval application may proceed after it is amended.\nThe application mentioned in subsection (1) must be in the approved form.\ns 45 amd 2010 No. 22 s 5 ; 2016 No. 12 s 322\n(sec.45-ssec.1) An eligible corporation may apply to the Minister for approval as the control body for a proposed code of racing.\n(sec.45-ssec.2) The eligible corporation may apply for approval as the control body for the application code even if the corporation is, or has applied to be, the control body for another proposed code of racing.\n(sec.45-ssec.3) The approval applicant may— withdraw the approval application; or amend the approval application subject to the matters prescribed by regulation about the way in which an approval application may proceed after it is amended.\n(sec.45-ssec.4) The application mentioned in subsection (1) must be in the approved form.\n- (a) withdraw the approval application; or\n- (b) amend the approval application subject to the matters prescribed by regulation about the way in which an approval application may proceed after it is amended.","sortOrder":95},{"sectionNumber":"sec.46","sectionType":"section","heading":"Approval application to be accompanied by specific matters","content":"### sec.46 Approval application to be accompanied by specific matters\n\nAn approval application must be accompanied by the following—\nthe application fee prescribed by regulation;\nthe approval applicant’s written agreement to pay an amount that is the cost of any mediation under section 52 divided equally among the number of approval applicants who are given a notice about the mediation under that section;\na copy of the approval applicant’s constitution under the Corporations Act ;\na consent form signed by each person who the approval applicant considers is a business associate or executive associate of the approval applicant that gives the associate’s consent to the following—\nthe collection of personal information about the associate by or for the chief executive;\nthe collection of background information by or for the chief executive;\na criminal history check;\nthe approval applicant’s written agreement to obtain a consent of the type mentioned in paragraph (d) for a person whom the chief executive believes is a business associate or executive associate of the approval applicant but whose consent does not accompany the approval application;\nthe approval applicant’s plans for managing the application code and a timetable for implementing all the plans.\nThe plans mentioned in subsection (1) (f) must include the approval applicant’s proposals for policies and the procedures for the following—\nselling a product to persons lawfully conducting wagering under the Wagering Act 1998 ;\nlicensing clubs and venues involved in the application code;\nsafeguarding the public interest in the application code;\nproviding or participating in an appropriate education and training system for persons who are likely to—\nengage in activities requiring a licence; or\nparticipate in the application code but are not required to be licensed;\na website, and the information to be accessible through the website including policies and rules required to be published on the website under sections 104 and 114 .\nAlso, the plans mentioned in subsection (1) (f) must include the draft strategic plan and operational plan for the application code, that comply with the prescribed requirements under section 98 for the plans, for the financial year in which it is reasonably likely that the application may be approved.\nThe proposals for the policies and the procedures must be well developed and, based on the assumption that the application is approved—\ncapable of implementation by the approval applicant within 18 months after the Minister’s approval of the application; or\nif the approval applicant believes the proposals for the policies and the procedures are not capable of implementation within the 18 months—the plans mentioned in subsection (1) (f) must include an estimate of when the policies and the procedures would be capable of implementation by the approval applicant.\nThe written agreement mentioned in subsection (1) (b) , and the consent mentioned in subsection (1) (d) , must be in the approved form.\ns 46 prev s 46 om 2016 No. 12 s 344\npres s 46 amd 2012 No. 42 s 13 ; 2016 No. 12 s 323\n(sec.46-ssec.1) An approval application must be accompanied by the following— the application fee prescribed by regulation; the approval applicant’s written agreement to pay an amount that is the cost of any mediation under section 52 divided equally among the number of approval applicants who are given a notice about the mediation under that section; a copy of the approval applicant’s constitution under the Corporations Act ; a consent form signed by each person who the approval applicant considers is a business associate or executive associate of the approval applicant that gives the associate’s consent to the following— the collection of personal information about the associate by or for the chief executive; the collection of background information by or for the chief executive; a criminal history check; the approval applicant’s written agreement to obtain a consent of the type mentioned in paragraph (d) for a person whom the chief executive believes is a business associate or executive associate of the approval applicant but whose consent does not accompany the approval application; the approval applicant’s plans for managing the application code and a timetable for implementing all the plans.\n(sec.46-ssec.2) The plans mentioned in subsection (1) (f) must include the approval applicant’s proposals for policies and the procedures for the following— selling a product to persons lawfully conducting wagering under the Wagering Act 1998 ; licensing clubs and venues involved in the application code; safeguarding the public interest in the application code; providing or participating in an appropriate education and training system for persons who are likely to— engage in activities requiring a licence; or participate in the application code but are not required to be licensed; a website, and the information to be accessible through the website including policies and rules required to be published on the website under sections 104 and 114 .\n(sec.46-ssec.3) Also, the plans mentioned in subsection (1) (f) must include the draft strategic plan and operational plan for the application code, that comply with the prescribed requirements under section 98 for the plans, for the financial year in which it is reasonably likely that the application may be approved.\n(sec.46-ssec.4) The proposals for the policies and the procedures must be well developed and, based on the assumption that the application is approved— capable of implementation by the approval applicant within 18 months after the Minister’s approval of the application; or if the approval applicant believes the proposals for the policies and the procedures are not capable of implementation within the 18 months—the plans mentioned in subsection (1) (f) must include an estimate of when the policies and the procedures would be capable of implementation by the approval applicant.\n(sec.46-ssec.5) The written agreement mentioned in subsection (1) (b) , and the consent mentioned in subsection (1) (d) , must be in the approved form.\n- (a) the application fee prescribed by regulation;\n- (b) the approval applicant’s written agreement to pay an amount that is the cost of any mediation under section 52 divided equally among the number of approval applicants who are given a notice about the mediation under that section;\n- (c) a copy of the approval applicant’s constitution under the Corporations Act ;\n- (d) a consent form signed by each person who the approval applicant considers is a business associate or executive associate of the approval applicant that gives the associate’s consent to the following— (i) the collection of personal information about the associate by or for the chief executive; (ii) the collection of background information by or for the chief executive; (iii) a criminal history check;\n- (i) the collection of personal information about the associate by or for the chief executive;\n- (ii) the collection of background information by or for the chief executive;\n- (iii) a criminal history check;\n- (e) the approval applicant’s written agreement to obtain a consent of the type mentioned in paragraph (d) for a person whom the chief executive believes is a business associate or executive associate of the approval applicant but whose consent does not accompany the approval application;\n- (f) the approval applicant’s plans for managing the application code and a timetable for implementing all the plans.\n- (i) the collection of personal information about the associate by or for the chief executive;\n- (ii) the collection of background information by or for the chief executive;\n- (iii) a criminal history check;\n- (a) selling a product to persons lawfully conducting wagering under the Wagering Act 1998 ;\n- (b) licensing clubs and venues involved in the application code;\n- (c) safeguarding the public interest in the application code;\n- (d) providing or participating in an appropriate education and training system for persons who are likely to— (i) engage in activities requiring a licence; or (ii) participate in the application code but are not required to be licensed;\n- (i) engage in activities requiring a licence; or\n- (ii) participate in the application code but are not required to be licensed;\n- (e) a website, and the information to be accessible through the website including policies and rules required to be published on the website under sections 104 and 114 .\n- (i) engage in activities requiring a licence; or\n- (ii) participate in the application code but are not required to be licensed;\n- (a) capable of implementation by the approval applicant within 18 months after the Minister’s approval of the application; or\n- (b) if the approval applicant believes the proposals for the policies and the procedures are not capable of implementation within the 18 months—the plans mentioned in subsection (1) (f) must include an estimate of when the policies and the procedures would be capable of implementation by the approval applicant.","sortOrder":96},{"sectionNumber":"sec.47","sectionType":"section","heading":"Evidence of matters to be included in an approval application","content":"### sec.47 Evidence of matters to be included in an approval application\n\nAn approval application must include evidence establishing each of the following—\nthe approval applicant is an eligible corporation;\neach of its executive officers is an eligible individual;\neach of its executive officers has skills and experience in 1 or more of the following areas—\nthe application code;\naccounting;\nanimal welfare;\nbusiness;\ncommercial and marketing development;\nlaw.\ns 47 prev s 47 amd 2012 No. 42 s 30\nom 2016 No. 12 s 344\npres s 47 amd 2016 No. 12 s 324\n- (a) the approval applicant is an eligible corporation;\n- (b) each of its executive officers is an eligible individual;\n- (c) each of its executive officers has skills and experience in 1 or more of the following areas— (i) the application code; (ii) accounting; (iii) animal welfare; (iv) business; (v) commercial and marketing development; (vi) law.\n- (i) the application code;\n- (ii) accounting;\n- (iii) animal welfare;\n- (iv) business;\n- (v) commercial and marketing development;\n- (vi) law.\n- (i) the application code;\n- (ii) accounting;\n- (iii) animal welfare;\n- (iv) business;\n- (v) commercial and marketing development;\n- (vi) law.","sortOrder":97},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Referral of approval application to chief executive for processing","content":"## Referral of approval application to chief executive for processing","sortOrder":98},{"sectionNumber":"sec.48","sectionType":"section","heading":"Minister to refer an approval application for assessment and other action","content":"### sec.48 Minister to refer an approval application for assessment and other action\n\nAfter receiving an approval application, the Minister must refer it to—\nthe chief executive for assessment under this Act; and\nthe commission for assessment under the Racing Integrity Act .\nThe chief executive must—\nrequire the approval applicant, by notice (an advertising notice ) given to the applicant, to advertise information about the approval application; and\nassess under this Act whether the approval applicant is suitable to be approved as the control body for the application code.\ns 48 prev s 48 amd 2008 No. 24 s 8 ; 2012 No. 42 s 31\nom 2016 No. 12 s 344\npres s 48 amd 2016 No. 12 s 325\n(sec.48-ssec.1) After receiving an approval application, the Minister must refer it to— the chief executive for assessment under this Act; and the commission for assessment under the Racing Integrity Act .\n(sec.48-ssec.2) The chief executive must— require the approval applicant, by notice (an advertising notice ) given to the applicant, to advertise information about the approval application; and assess under this Act whether the approval applicant is suitable to be approved as the control body for the application code. s 48 prev s 48 amd 2008 No. 24 s 8 ; 2012 No. 42 s 31 om 2016 No. 12 s 344 pres s 48 amd 2016 No. 12 s 325\n- (a) the chief executive for assessment under this Act; and\n- (b) the commission for assessment under the Racing Integrity Act .\n- (a) require the approval applicant, by notice (an advertising notice ) given to the applicant, to advertise information about the approval application; and\n- (b) assess under this Act whether the approval applicant is suitable to be approved as the control body for the application code.","sortOrder":99},{"sectionNumber":"sec.49","sectionType":"section","heading":"Advertising notice about an approval application","content":"### sec.49 Advertising notice about an approval application\n\nThe advertising notice must state—\nthe form of, and the information to be included in, the advertisement; and\nthe newspapers or other publications in which the advertisement must appear; and\nthe days on which the advertisement must appear in the stated newspapers or other publications.\nWithout limiting subsection (1) (a) , the chief executive must require each advertisement to state that a person may object to the approval application, by giving a written submission to the chief executive or the commission in a way and by a date stated in the advertisement (the closure date ).\nThe closure date must be at least 28 days after the advertisement first appears in a newspaper or other publication as required under subsection (1) .\nThe approval applicant is liable for all expenses relating to the advertisement.\ns 49 prev s 49 om 2016 No. 12 s 344\npres s 49 amd 2016 No. 12 s 326\n(sec.49-ssec.1) The advertising notice must state— the form of, and the information to be included in, the advertisement; and the newspapers or other publications in which the advertisement must appear; and the days on which the advertisement must appear in the stated newspapers or other publications.\n(sec.49-ssec.2) Without limiting subsection (1) (a) , the chief executive must require each advertisement to state that a person may object to the approval application, by giving a written submission to the chief executive or the commission in a way and by a date stated in the advertisement (the closure date ).\n(sec.49-ssec.3) The closure date must be at least 28 days after the advertisement first appears in a newspaper or other publication as required under subsection (1) .\n(sec.49-ssec.4) The approval applicant is liable for all expenses relating to the advertisement.\n- (a) the form of, and the information to be included in, the advertisement; and\n- (b) the newspapers or other publications in which the advertisement must appear; and\n- (c) the days on which the advertisement must appear in the stated newspapers or other publications.","sortOrder":100},{"sectionNumber":"sec.50","sectionType":"section","heading":"Objection to approval application","content":"### sec.50 Objection to approval application\n\nA person (an objector ) may object to an approval application by written submission given to the chief executive or the commission by the closure date stated in the advertisement.\nThe submission must state the objector’s reasons for objecting and, if applicable, may include conditions to which the objector believes an approval relating to the approval application should be subject.\nIf the chief executive is given a submission as mentioned in subsection (1) , the chief executive must give the commission a copy of it.\ns 50 prev s 50 om 2016 No. 12 s 344\npres s 50 amd 2016 No. 12 s 327\n(sec.50-ssec.1) A person (an objector ) may object to an approval application by written submission given to the chief executive or the commission by the closure date stated in the advertisement.\n(sec.50-ssec.2) The submission must state the objector’s reasons for objecting and, if applicable, may include conditions to which the objector believes an approval relating to the approval application should be subject.\n(sec.50-ssec.3) If the chief executive is given a submission as mentioned in subsection (1) , the chief executive must give the commission a copy of it.","sortOrder":101},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"When there is more than 1 approval application relating to a particular type of animal racing","content":"## When there is more than 1 approval application relating to a particular type of animal racing","sortOrder":102},{"sectionNumber":"sec.51","sectionType":"section","heading":"Application of division","content":"### sec.51 Application of division\n\nThis division applies if—\nboth of the following apply—\nan objector’s reasons for objecting to an approval application states the objector is the appropriate eligible corporation to be approved as the control body for the application code;\nthe objector makes an approval application for the application code within 28 days after the closure date; or\nbefore the closure date for an approval application, another eligible corporation, other than an objector, makes an approval application for the application code.\ns 51 prev s 51 amd 2012 No. 42 s 32\nom 2016 No. 12 s 344\npres s 51 amd 2012 No. 42 s 14; 2016 No. 12 s 389 s ch 2 pt 1\n- (a) both of the following apply— (i) an objector’s reasons for objecting to an approval application states the objector is the appropriate eligible corporation to be approved as the control body for the application code; (ii) the objector makes an approval application for the application code within 28 days after the closure date; or\n- (i) an objector’s reasons for objecting to an approval application states the objector is the appropriate eligible corporation to be approved as the control body for the application code;\n- (ii) the objector makes an approval application for the application code within 28 days after the closure date; or\n- (b) before the closure date for an approval application, another eligible corporation, other than an objector, makes an approval application for the application code.\n- (i) an objector’s reasons for objecting to an approval application states the objector is the appropriate eligible corporation to be approved as the control body for the application code;\n- (ii) the objector makes an approval application for the application code within 28 days after the closure date; or","sortOrder":103},{"sectionNumber":"sec.52","sectionType":"section","heading":"Chief executive must call meeting of all approval applicants","content":"### sec.52 Chief executive must call meeting of all approval applicants\n\nThe chief executive must, by notice given to each of the approval applicants, call a meeting of them to explore the possibility of all of the approval applicants reaching a mediated agreement about the eligible corporation that should be approved as the control body for the application code.\nThe approval applicants may agree to form an eligible corporation in which they each have equal rights to appoint that corporation’s executive officers, to withdraw each of their approval applications and to support an application by the formed eligible corporation to be the control body for the application code.\nThe chief executive may arrange for a suitably qualified person to be the mediator at the meeting.\nThe chief executive, by notice to the commission, must—\ntell the commission about calling the meeting and the details of the meeting; and\ninvite the commission to attend the meeting as an observer.\nIf a mediated agreement can not be reached at the meeting, the chief executive must include information about the mediation in the chief executive’s report to the Minister under section 54 .\ns 52 amd 2016 No. 12 s 328\n(sec.52-ssec.1) The chief executive must, by notice given to each of the approval applicants, call a meeting of them to explore the possibility of all of the approval applicants reaching a mediated agreement about the eligible corporation that should be approved as the control body for the application code. The approval applicants may agree to form an eligible corporation in which they each have equal rights to appoint that corporation’s executive officers, to withdraw each of their approval applications and to support an application by the formed eligible corporation to be the control body for the application code.\n(sec.52-ssec.2) The chief executive may arrange for a suitably qualified person to be the mediator at the meeting.\n(sec.52-ssec.3) The chief executive, by notice to the commission, must— tell the commission about calling the meeting and the details of the meeting; and invite the commission to attend the meeting as an observer.\n(sec.52-ssec.4) If a mediated agreement can not be reached at the meeting, the chief executive must include information about the mediation in the chief executive’s report to the Minister under section 54 .\n- (a) tell the commission about calling the meeting and the details of the meeting; and\n- (b) invite the commission to attend the meeting as an observer.","sortOrder":104},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":"Assessment actions by chief executive for approval applications","content":"## Assessment actions by chief executive for approval applications","sortOrder":105},{"sectionNumber":"sec.53","sectionType":"section","heading":"Assessment of an approval application if only 1 application","content":"### sec.53 Assessment of an approval application if only 1 application\n\nThe chief executive must assess an approval application referred to the chief executive under section 48 (1) .\nThe chief executive must prepare and give to the Minister a report relating to the approval application covering the following to the extent that is applicable—\nthe application;\nsubmissions given to the chief executive under section 50 about the application;\nreports about the criminal histories of individuals who are business associates and executive associates of the approval applicant, given to the chief executive under section 58 (2) ;\nthe chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether the approval applicant is suitable to be approved as the control body for the application code.\nThis section is subject to section 54 .\ns 53 amd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.53-ssec.1) The chief executive must assess an approval application referred to the chief executive under section 48 (1) .\n(sec.53-ssec.2) The chief executive must prepare and give to the Minister a report relating to the approval application covering the following to the extent that is applicable— the application; submissions given to the chief executive under section 50 about the application; reports about the criminal histories of individuals who are business associates and executive associates of the approval applicant, given to the chief executive under section 58 (2) ; the chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether the approval applicant is suitable to be approved as the control body for the application code.\n(sec.53-ssec.3) This section is subject to section 54 .\n- (a) the application;\n- (b) submissions given to the chief executive under section 50 about the application;\n- (c) reports about the criminal histories of individuals who are business associates and executive associates of the approval applicant, given to the chief executive under section 58 (2) ;\n- (d) the chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether the approval applicant is suitable to be approved as the control body for the application code.","sortOrder":106},{"sectionNumber":"sec.54","sectionType":"section","heading":"Assessment of an approval application if more than 1 application","content":"### sec.54 Assessment of an approval application if more than 1 application\n\nThis section applies if the chief executive calls a meeting of approval applicants under section 52 (1) and there is no mediated agreement supported by all of the approval applicants.\nThe chief executive must assess each of the approval applications.\nThe chief executive must prepare and give to the Minister a single report relating to all approval applications covering the following to the extent that is applicable—\nthe applications;\nsubmissions given to the chief executive under section 50 about the applications;\nreports about the criminal histories of individuals who are business associates and executive associates of the approval applicants, given to the chief executive under section 58 (2) ;\nthe chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether each approval applicant is suitable to be approved as the control body for the application code;\nan assessment about the merits of each approval application compared to the other approval applications;\nthe chief executive’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code.\ns 54 amd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.54-ssec.1) This section applies if the chief executive calls a meeting of approval applicants under section 52 (1) and there is no mediated agreement supported by all of the approval applicants.\n(sec.54-ssec.2) The chief executive must assess each of the approval applications.\n(sec.54-ssec.3) The chief executive must prepare and give to the Minister a single report relating to all approval applications covering the following to the extent that is applicable— the applications; submissions given to the chief executive under section 50 about the applications; reports about the criminal histories of individuals who are business associates and executive associates of the approval applicants, given to the chief executive under section 58 (2) ; the chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether each approval applicant is suitable to be approved as the control body for the application code; an assessment about the merits of each approval application compared to the other approval applications; the chief executive’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code.\n- (a) the applications;\n- (b) submissions given to the chief executive under section 50 about the applications;\n- (c) reports about the criminal histories of individuals who are business associates and executive associates of the approval applicants, given to the chief executive under section 58 (2) ;\n- (d) the chief executive’s assessment, as mentioned in section 48 (2) (b) , about whether each approval applicant is suitable to be approved as the control body for the application code;\n- (e) an assessment about the merits of each approval application compared to the other approval applications;\n- (f) the chief executive’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code.","sortOrder":107},{"sectionNumber":"sec.55","sectionType":"section","heading":"Assessing approval applicant or approval applicants","content":"### sec.55 Assessing approval applicant or approval applicants\n\nThis section applies to the chief executive in assessing an approval application as mentioned in section 53 or 54 .\nThe chief executive must decide whether the approval applicant is suitable to be approved as the control body for the application code.\nFor subsection (2) , the chief executive must have regard to, and if necessary, investigate each of the following—\nthe approval application, matters accompanying or included in the approval application as mentioned in section 46 , and evidence given by the approval applicant in support of the application about the matters mentioned in section 47 ;\nthe approval applicant’s business reputation, current financial position and financial background;\nthe suitability of every business associate and executive associate of the approval applicant to be associated with the approval applicant as a control body;\nif the approval applicant has a business association with another entity—\nthe entity’s character or business reputation; and\nthe entity’s current financial position and financial background.\nIn deciding about the suitability of a business associate or executive associate of the approval applicant, the chief executive must have regard to, and if necessary investigate, each of the following—\nthe associate’s character or business reputation;\nthe associate’s current financial position and financial background;\nif the associate has a business association with another entity—\nthe entity’s character or business reputation; and\nthe entity’s current financial position and financial background.\n(sec.55-ssec.1) This section applies to the chief executive in assessing an approval application as mentioned in section 53 or 54 .\n(sec.55-ssec.2) The chief executive must decide whether the approval applicant is suitable to be approved as the control body for the application code.\n(sec.55-ssec.3) For subsection (2) , the chief executive must have regard to, and if necessary, investigate each of the following— the approval application, matters accompanying or included in the approval application as mentioned in section 46 , and evidence given by the approval applicant in support of the application about the matters mentioned in section 47 ; the approval applicant’s business reputation, current financial position and financial background; the suitability of every business associate and executive associate of the approval applicant to be associated with the approval applicant as a control body; if the approval applicant has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background.\n(sec.55-ssec.4) In deciding about the suitability of a business associate or executive associate of the approval applicant, the chief executive must have regard to, and if necessary investigate, each of the following— the associate’s character or business reputation; the associate’s current financial position and financial background; if the associate has a business association with another entity— the entity’s character or business reputation; and the entity’s current financial position and financial background.\n- (a) the approval application, matters accompanying or included in the approval application as mentioned in section 46 , and evidence given by the approval applicant in support of the application about the matters mentioned in section 47 ;\n- (b) the approval applicant’s business reputation, current financial position and financial background;\n- (c) the suitability of every business associate and executive associate of the approval applicant to be associated with the approval applicant as a control body;\n- (d) if the approval applicant has a business association with another entity— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background.\n- (a) the associate’s character or business reputation;\n- (b) the associate’s current financial position and financial background;\n- (c) if the associate has a business association with another entity— (i) the entity’s character or business reputation; and (ii) the entity’s current financial position and financial background.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background.\n- (i) the entity’s character or business reputation; and\n- (ii) the entity’s current financial position and financial background.","sortOrder":108},{"sectionNumber":"sec.56","sectionType":"section","heading":"Chief executive may require further information or documents to support approval application as part of investigations under s 55","content":"### sec.56 Chief executive may require further information or documents to support approval application as part of investigations under s 55\n\nFor an investigation under section 55 relating to an approval applicant, the chief executive may, by notice given to the approval applicant, require the applicant to give the chief executive further information or a document relating to any of the following within a reasonable time stated in the notice—\nthe approval application;\nthe approval applicant;\na business associate or executive associate of the approval applicant;\nan entity with which the approval applicant has a business association.\nFor an investigation under section 55 relating to a business associate or executive associate of an approval applicant, the chief executive may, by notice given to the associate and a copy of the notice to the approval applicant, require the associate to give the chief executive information or a document relating to the following within a reasonable time stated in the notice—\nthe association with the approval applicant;\nan entity with which the associate has a business association.\nWhen making the requirement, the chief executive must warn the approval applicant and associate that the approval application will not be considered further until the requirement is complied with.\n(sec.56-ssec.1) For an investigation under section 55 relating to an approval applicant, the chief executive may, by notice given to the approval applicant, require the applicant to give the chief executive further information or a document relating to any of the following within a reasonable time stated in the notice— the approval application; the approval applicant; a business associate or executive associate of the approval applicant; an entity with which the approval applicant has a business association.\n(sec.56-ssec.2) For an investigation under section 55 relating to a business associate or executive associate of an approval applicant, the chief executive may, by notice given to the associate and a copy of the notice to the approval applicant, require the associate to give the chief executive information or a document relating to the following within a reasonable time stated in the notice— the association with the approval applicant; an entity with which the associate has a business association.\n(sec.56-ssec.3) When making the requirement, the chief executive must warn the approval applicant and associate that the approval application will not be considered further until the requirement is complied with.\n- (a) the approval application;\n- (b) the approval applicant;\n- (c) a business associate or executive associate of the approval applicant;\n- (d) an entity with which the approval applicant has a business association.\n- (a) the association with the approval applicant;\n- (b) an entity with which the associate has a business association.","sortOrder":109},{"sectionNumber":"sec.57","sectionType":"section","heading":"Request to obtain criminal history of business associates and executive associates of approval applicant","content":"### sec.57 Request to obtain criminal history of business associates and executive associates of approval applicant\n\nThis section applies if—\na business associate or executive associate of an approval applicant is an individual; and\nthe associate’s consent for the chief executive to obtain the associate’s criminal history did not accompany the approval application.\nThe chief executive must, by notice to the approval applicant, ask the applicant for the written consent of the business associate or executive associate for the chief executive to obtain the associate’s criminal history.\nIf the business associate or executive associate does not consent, or withdraws his or her consent, the application is taken to have been withdrawn.\ns 57 sub 2012 No. 42 s 15\n(sec.57-ssec.1) This section applies if— a business associate or executive associate of an approval applicant is an individual; and the associate’s consent for the chief executive to obtain the associate’s criminal history did not accompany the approval application.\n(sec.57-ssec.2) The chief executive must, by notice to the approval applicant, ask the applicant for the written consent of the business associate or executive associate for the chief executive to obtain the associate’s criminal history.\n(sec.57-ssec.3) If the business associate or executive associate does not consent, or withdraws his or her consent, the application is taken to have been withdrawn.\n- (a) a business associate or executive associate of an approval applicant is an individual; and\n- (b) the associate’s consent for the chief executive to obtain the associate’s criminal history did not accompany the approval application.","sortOrder":110},{"sectionNumber":"sec.58","sectionType":"section","heading":"Obtaining the criminal history of an individual","content":"### sec.58 Obtaining the criminal history of an individual\n\nIf the chief executive has the written consent of an approval applicant’s business associate or executive associate who is an individual to obtain the individual’s criminal history, the chief executive may ask the police commissioner for the following—\na written report on the individual’s criminal history;\na brief description of the circumstances of a conviction mentioned in the individual’s criminal history.\nAfter receiving the request, the commissioner must give the report on the individual’s criminal history to the chief executive.\nHowever, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\ns 58 amd 2012 No. 42 s 16\n(sec.58-ssec.1) If the chief executive has the written consent of an approval applicant’s business associate or executive associate who is an individual to obtain the individual’s criminal history, the chief executive may ask the police commissioner for the following— a written report on the individual’s criminal history; a brief description of the circumstances of a conviction mentioned in the individual’s criminal history.\n(sec.58-ssec.2) After receiving the request, the commissioner must give the report on the individual’s criminal history to the chief executive.\n(sec.58-ssec.3) However, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\n- (a) a written report on the individual’s criminal history;\n- (b) a brief description of the circumstances of a conviction mentioned in the individual’s criminal history.","sortOrder":111},{"sectionNumber":"ch.2-pt.2-div.5","sectionType":"division","heading":"Ministerial decision about approval applications","content":"## Ministerial decision about approval applications","sortOrder":112},{"sectionNumber":"sec.59","sectionType":"section","heading":"Minister to consider and decide approval application","content":"### sec.59 Minister to consider and decide approval application\n\nThis section applies after the Minister is given an assessment report.\nBefore making a decision about an approval application, the Minister must consider the following—\nthe assessment report and any assessment report of the commission under the Racing Integrity Act about the approval application;\nthe approval application or approval applications dealt with in the report;\nfurther documents given to the chief executive or the commission by the approval applicant in support of the application or an amendment of the application;\nsubmissions given to the chief executive or the commission under section 50 (1) and, to the extent applicable, any other approval applications and any mediated agreement as mentioned in section 52 (1) , relating to the application code;\nconditions the Minister believes should apply if the application is approved.\nThe Minister must not grant the application unless the Minister is satisfied—\nthe approval application is accompanied by, and includes, all matters mentioned in section 46 and otherwise complies with that section; and\nthe approval applicant has provided evidence satisfactory to the Minister about the matters mentioned in section 47 ; and\nthe application code is suitable to be a code of racing and the approval applicant is suitable to be approved as the control body for the code of racing.\nWithout limiting subsection (3) , if the Minister is considering more than 1 approval application, the Minister must decide which approval applicant is best qualified and most suitable to be the control body for the application code.\ns 59 amd 2016 No. 12 s 329\n(sec.59-ssec.1) This section applies after the Minister is given an assessment report.\n(sec.59-ssec.2) Before making a decision about an approval application, the Minister must consider the following— the assessment report and any assessment report of the commission under the Racing Integrity Act about the approval application; the approval application or approval applications dealt with in the report; further documents given to the chief executive or the commission by the approval applicant in support of the application or an amendment of the application; submissions given to the chief executive or the commission under section 50 (1) and, to the extent applicable, any other approval applications and any mediated agreement as mentioned in section 52 (1) , relating to the application code; conditions the Minister believes should apply if the application is approved.\n(sec.59-ssec.3) The Minister must not grant the application unless the Minister is satisfied— the approval application is accompanied by, and includes, all matters mentioned in section 46 and otherwise complies with that section; and the approval applicant has provided evidence satisfactory to the Minister about the matters mentioned in section 47 ; and the application code is suitable to be a code of racing and the approval applicant is suitable to be approved as the control body for the code of racing.\n(sec.59-ssec.4) Without limiting subsection (3) , if the Minister is considering more than 1 approval application, the Minister must decide which approval applicant is best qualified and most suitable to be the control body for the application code.\n- (a) the assessment report and any assessment report of the commission under the Racing Integrity Act about the approval application;\n- (b) the approval application or approval applications dealt with in the report;\n- (c) further documents given to the chief executive or the commission by the approval applicant in support of the application or an amendment of the application;\n- (d) submissions given to the chief executive or the commission under section 50 (1) and, to the extent applicable, any other approval applications and any mediated agreement as mentioned in section 52 (1) , relating to the application code;\n- (e) conditions the Minister believes should apply if the application is approved.\n- (a) the approval application is accompanied by, and includes, all matters mentioned in section 46 and otherwise complies with that section; and\n- (b) the approval applicant has provided evidence satisfactory to the Minister about the matters mentioned in section 47 ; and\n- (c) the application code is suitable to be a code of racing and the approval applicant is suitable to be approved as the control body for the code of racing.","sortOrder":113},{"sectionNumber":"sec.60","sectionType":"section","heading":"Information notice about Minister’s decision","content":"### sec.60 Information notice about Minister’s decision\n\nAfter the Minister makes a decision about an approval application, the Minister must give the approval applicant an information notice about the decision.\nIf the Minister grants the application, the information notice must state the conditions imposed by the Minister to which the approval is to be subject.\nIf the Minister’s decision is that, should the approval applicant rectify a matter within a period, the Minister would give the approval applicant an approval under section 61 , the information notice must state the matter to be rectified, the way it may be rectified and a reasonable period for the matter to be rectified.\nThe approval application may be approved on the condition that the approval applicant’s constitution is changed in a stated way within a stated period.\n(sec.60-ssec.1) After the Minister makes a decision about an approval application, the Minister must give the approval applicant an information notice about the decision.\n(sec.60-ssec.2) If the Minister grants the application, the information notice must state the conditions imposed by the Minister to which the approval is to be subject.\n(sec.60-ssec.3) If the Minister’s decision is that, should the approval applicant rectify a matter within a period, the Minister would give the approval applicant an approval under section 61 , the information notice must state the matter to be rectified, the way it may be rectified and a reasonable period for the matter to be rectified. The approval application may be approved on the condition that the approval applicant’s constitution is changed in a stated way within a stated period.","sortOrder":114},{"sectionNumber":"sec.60B","sectionType":"section","heading":null,"content":"### Section sec.60B\n\ns 60B ins 2010 No. 22 s 11\nom 2012 No. 42 s 39","sortOrder":115},{"sectionNumber":"sec.61","sectionType":"section","heading":"When Minister must give an approval to approval applicant","content":"### sec.61 When Minister must give an approval to approval applicant\n\nThis section applies if the Minister decides an approval applicant is suitable to be approved as the control body for the application code.\nAfter all of the following have happened, the Minister must give the approval applicant an approval as the control body for the code of racing signed by the Minister—\nthe Minister has given the approval applicant an information notice about the decision under section 60 ;\nthe approval applicant has given the chief executive a notice stating—\nthere have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and\nif applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60 (3) , has been rectified and the way it has been rectified;\nthe approval applicant has paid the fee under section 65 in relation to the first year of the approval.\nAfter giving an approval under subsection (2) , the Minister must publish in the gazette a notice that—\nthe type of animal racing stated in the notice is a code of racing; and\nthe Minister has approved the approval applicant as the control body for the code of racing stated in the notice.\nThe notice mentioned in subsection (2) (b) must be in the approved form.\ns 61 prev s 61 sub 2005 No. 7 s 5\nom 2010 No. 22 s 12\npres s 61 amd 2016 No. 12 s 330\n(sec.61-ssec.1) This section applies if the Minister decides an approval applicant is suitable to be approved as the control body for the application code.\n(sec.61-ssec.2) After all of the following have happened, the Minister must give the approval applicant an approval as the control body for the code of racing signed by the Minister— the Minister has given the approval applicant an information notice about the decision under section 60 ; the approval applicant has given the chief executive a notice stating— there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60 (3) , has been rectified and the way it has been rectified; the approval applicant has paid the fee under section 65 in relation to the first year of the approval.\n(sec.61-ssec.3) After giving an approval under subsection (2) , the Minister must publish in the gazette a notice that— the type of animal racing stated in the notice is a code of racing; and the Minister has approved the approval applicant as the control body for the code of racing stated in the notice.\n(sec.61-ssec.4) The notice mentioned in subsection (2) (b) must be in the approved form.\n- (a) the Minister has given the approval applicant an information notice about the decision under section 60 ;\n- (b) the approval applicant has given the chief executive a notice stating— (i) there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and (ii) if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60 (3) , has been rectified and the way it has been rectified;\n- (i) there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and\n- (ii) if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60 (3) , has been rectified and the way it has been rectified;\n- (c) the approval applicant has paid the fee under section 65 in relation to the first year of the approval.\n- (i) there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and\n- (ii) if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60 (3) , has been rectified and the way it has been rectified;\n- (a) the type of animal racing stated in the notice is a code of racing; and\n- (b) the Minister has approved the approval applicant as the control body for the code of racing stated in the notice.","sortOrder":116},{"sectionNumber":"sec.62","sectionType":"section","heading":"Form of approval","content":"### sec.62 Form of approval\n\nThe approval of the control body must state each of the following—\nthe name of the control body, its Australian Company Number and its business address;\nthe date of the approval and the date on which the approval takes effect;\nthe code of racing for which the approval is given;\nconditions imposed by the Minister to which the approval is subject.\ns 62 prev s 62 amd 2005 No. 7 s 6 ; 2008 No. 24 s 13\nom 2010 No. 22 s 12\n- (a) the name of the control body, its Australian Company Number and its business address;\n- (b) the date of the approval and the date on which the approval takes effect;\n- (c) the code of racing for which the approval is given;\n- (d) conditions imposed by the Minister to which the approval is subject.","sortOrder":117},{"sectionNumber":"sec.63","sectionType":"section","heading":"Control body approved for more than one code of racing","content":"### sec.63 Control body approved for more than one code of racing\n\nThis section applies to a control body that has approval as the control body for more than 1 code of racing.\nIn making a decision under this Act, the control body must make a decision that is in the best interests of all the codes of racing for which the control body holds an approval while having regard to the interests of each individual code.\ns 63 prev 63 amd 2005 No. 7 s 7\nom 2010 No. 22 s 12\npres s 63 (prev s 34A) ins 2010 No. 22 s 9\nrenum and reloc 2012 No. 42 s 21\n(sec.63-ssec.1) This section applies to a control body that has approval as the control body for more than 1 code of racing.\n(sec.63-ssec.2) In making a decision under this Act, the control body must make a decision that is in the best interests of all the codes of racing for which the control body holds an approval while having regard to the interests of each individual code.","sortOrder":118},{"sectionNumber":"ch.2-pt.2-div.6","sectionType":"division","heading":"Other matters relating to approvals and approval applications","content":"## Other matters relating to approvals and approval applications","sortOrder":119},{"sectionNumber":"sec.64","sectionType":"section","heading":"Approval continues in force unless cancelled or suspended","content":"### sec.64 Approval continues in force unless cancelled or suspended\n\nA control body’s approval continues in force until the approval is cancelled.\nHowever, if a control body’s approval is suspended, the approval does not have effect for the period of the suspension.\ns 64 prev s 64 amd 2005 No. 7 s 8\nom 2010 No. 22 s 12\npres s 64 amd 2008 No. 24 s 4\nsub 2010 No. 22 s 6\n(sec.64-ssec.1) A control body’s approval continues in force until the approval is cancelled.\n(sec.64-ssec.2) However, if a control body’s approval is suspended, the approval does not have effect for the period of the suspension.","sortOrder":120},{"sectionNumber":"sec.64A","sectionType":"section","heading":null,"content":"### Section sec.64A\n\ns 64A ins 2005 No. 7 s 9\namd 2006 No. 18 s 3 sch\nom 2010 No. 22 s 12","sortOrder":121},{"sectionNumber":"sec.64B","sectionType":"section","heading":null,"content":"### Section sec.64B\n\ns 64B ins 2005 No. 7 s 9\nom 2010 No. 22 s 12","sortOrder":122},{"sectionNumber":"sec.65","sectionType":"section","heading":"Yearly fee payable by each control body","content":"### sec.65 Yearly fee payable by each control body\n\nA control body must pay a fee to the chief executive in relation to each year for which its approval has effect.\nA regulation may prescribe—\nthe amount of the fee payable under this section relating to each year; and\nthe date (the due date ) by which the fee relating to each year is payable.\nIf a fee is not paid by the due date—\nthe amount of the fee is a debt owing to the State; and\nthe failure to pay is a ground for taking, as mentioned in section 74 (1) (d) , disciplinary action relating to the approval of the control body.\ns 65 prev s 65 om 2005 No. 7 s 11\npres s 65 amd 2012 No. 42 s 75 sch\n(sec.65-ssec.1) A control body must pay a fee to the chief executive in relation to each year for which its approval has effect.\n(sec.65-ssec.2) A regulation may prescribe— the amount of the fee payable under this section relating to each year; and the date (the due date ) by which the fee relating to each year is payable.\n(sec.65-ssec.3) If a fee is not paid by the due date— the amount of the fee is a debt owing to the State; and the failure to pay is a ground for taking, as mentioned in section 74 (1) (d) , disciplinary action relating to the approval of the control body.\n- (a) the amount of the fee payable under this section relating to each year; and\n- (b) the date (the due date ) by which the fee relating to each year is payable.\n- (a) the amount of the fee is a debt owing to the State; and\n- (b) the failure to pay is a ground for taking, as mentioned in section 74 (1) (d) , disciplinary action relating to the approval of the control body.","sortOrder":123},{"sectionNumber":"sec.66","sectionType":"section","heading":"Regulation may prescribe a condition applying to an approval","content":"### sec.66 Regulation may prescribe a condition applying to an approval\n\nA regulation may prescribe a condition (a regulation condition ) to which the Minister’s approval is subject.\nA regulation condition applies to a control body even if the control body was approved as a control body before the regulation commenced.\nIf there is an inconsistency between an express condition stated in an approval and a regulation condition, the regulation condition applies to the extent of the inconsistency.\ns 66 prev s 66 sub 2005 No. 7 s 12\nom 2010 No. 22 s 12\npres s 66 amd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.66-ssec.1) A regulation may prescribe a condition (a regulation condition ) to which the Minister’s approval is subject.\n(sec.66-ssec.2) A regulation condition applies to a control body even if the control body was approved as a control body before the regulation commenced.\n(sec.66-ssec.3) If there is an inconsistency between an express condition stated in an approval and a regulation condition, the regulation condition applies to the extent of the inconsistency.","sortOrder":124},{"sectionNumber":"sec.67","sectionType":"section","heading":"Variation of approval of control body","content":"### sec.67 Variation of approval of control body\n\nA control body may apply to the Minister for a variation of its approval as a control body.\nThe application must be in the approved form and accompanied by the application fee prescribed under a regulation.\nThe Minister must consider the application and either grant or refuse to grant the application.\nAfter the Minister makes a decision about the application, the Minister must give the applicant an information notice about the decision.\nIf the Minister grants the application, the information notice must—\nstate the conditions imposed by the Minister to which the approval is to be subject; and\ninclude a direction to the control body to return the approval to the Minister, within 14 days after the date of the information notice, for relevant action by the Minister.\ns 67 prev s 67 amd 2005 No. 7 s 13\nom 2010 No. 22 s 12\n(sec.67-ssec.1) A control body may apply to the Minister for a variation of its approval as a control body.\n(sec.67-ssec.2) The application must be in the approved form and accompanied by the application fee prescribed under a regulation.\n(sec.67-ssec.3) The Minister must consider the application and either grant or refuse to grant the application.\n(sec.67-ssec.4) After the Minister makes a decision about the application, the Minister must give the applicant an information notice about the decision.\n(sec.67-ssec.5) If the Minister grants the application, the information notice must— state the conditions imposed by the Minister to which the approval is to be subject; and include a direction to the control body to return the approval to the Minister, within 14 days after the date of the information notice, for relevant action by the Minister.\n- (a) state the conditions imposed by the Minister to which the approval is to be subject; and\n- (b) include a direction to the control body to return the approval to the Minister, within 14 days after the date of the information notice, for relevant action by the Minister.","sortOrder":125},{"sectionNumber":"sec.67A","sectionType":"section","heading":null,"content":"### Section sec.67A\n\ns 67A ins 2005 No. 7 s 14\nom 2010 No. 22 s 12","sortOrder":126},{"sectionNumber":"ch.2-pt.2-div.7","sectionType":"division","heading":"Requirements for approved control body after approval","content":"## Requirements for approved control body after approval","sortOrder":127},{"sectionNumber":"sec.68","sectionType":"section","heading":"Approved control body to report to chief executive on status as eligible corporation in previous financial year","content":"### sec.68 Approved control body to report to chief executive on status as eligible corporation in previous financial year\n\nWithin 14 days after each anniversary day for an approved control body, the approved control body must give the chief executive a notice about whether the approved control body has been an eligible corporation for the year before the anniversary day and is, on that anniversary day, an eligible corporation.\nA notice under subsection (1) must be in the approved form.\nIn this section—\nanniversary day , for an approved control body, means each day that is the anniversary of the day on which the approved control body’s approval took effect.\ns 68 orig s 68 sub 2005 No. 7 s 15\namd 2006 No. 18 s 4 ; 2008 No. 24 s 14\nom 2010 No. 22 s 12\nprev s 68 om 2012 No. 42 s 17\npres s 68 ins 2012 No. 42 s 18\n(sec.68-ssec.1) Within 14 days after each anniversary day for an approved control body, the approved control body must give the chief executive a notice about whether the approved control body has been an eligible corporation for the year before the anniversary day and is, on that anniversary day, an eligible corporation.\n(sec.68-ssec.2) A notice under subsection (1) must be in the approved form.\n(sec.68-ssec.3) In this section— anniversary day , for an approved control body, means each day that is the anniversary of the day on which the approved control body’s approval took effect.","sortOrder":128},{"sectionNumber":"sec.68A","sectionType":"section","heading":null,"content":"### Section sec.68A\n\ns 68A ins 2005 No. 7 s 15\nom 2010 No. 22 s 12","sortOrder":129},{"sectionNumber":"sec.68B","sectionType":"section","heading":null,"content":"### Section sec.68B\n\ns 68B ins 2005 No. 7 s 15\nom 2010 No. 22 s 12","sortOrder":130},{"sectionNumber":"sec.68C","sectionType":"section","heading":null,"content":"### Section sec.68C\n\ns 68C ins 2005 No. 7 s 15\nom 2010 No. 22 s 12","sortOrder":131},{"sectionNumber":"sec.68D","sectionType":"section","heading":null,"content":"### Section sec.68D\n\ns 68D ins 2005 No. 7 s 15\nom 2010 No. 22 s 12","sortOrder":132},{"sectionNumber":"sec.68DA","sectionType":"section","heading":null,"content":"### Section sec.68DA\n\ns 68DA ins 2005 No. 7 s 16\nom 2010 No. 22 s 12","sortOrder":133},{"sectionNumber":"sec.68E","sectionType":"section","heading":null,"content":"### Section sec.68E\n\ns 68E ins 2005 No. 7 s 16\nom 2010 No. 22 s 12","sortOrder":134},{"sectionNumber":"sec.68F","sectionType":"section","heading":null,"content":"### Section sec.68F\n\ns 68F ins 2005 No. 7 s 16\nom 2010 No. 22 s 12","sortOrder":135},{"sectionNumber":"sec.68G","sectionType":"section","heading":null,"content":"### Section sec.68G\n\ns 68G ins 2005 No. 7 s 16\nom 2010 No. 22 s 12","sortOrder":136},{"sectionNumber":"sec.68H","sectionType":"section","heading":null,"content":"### Section sec.68H\n\ns 68H ins 2005 No. 7 s 16\nom 2010 No. 22 s 12","sortOrder":137},{"sectionNumber":"sec.68I","sectionType":"section","heading":null,"content":"### Section sec.68I\n\ns 68I ins 2005 No. 7 s 16\nom 2010 No. 22 s 12","sortOrder":138},{"sectionNumber":"sec.68J","sectionType":"section","heading":null,"content":"### Section sec.68J\n\ns 68J ins 2005 No. 7 s 16\nom 2010 No. 22 s 12","sortOrder":139},{"sectionNumber":"sec.68K","sectionType":"section","heading":null,"content":"### Section sec.68K\n\ns 68K ins 2005 No. 7 s 16\nom 2010 No. 22 s 12","sortOrder":140},{"sectionNumber":"sec.68L","sectionType":"section","heading":null,"content":"### Section sec.68L\n\ns 68L ins 2005 No. 7 s 16\nom 2010 No. 22 s 12","sortOrder":141},{"sectionNumber":"sec.68M","sectionType":"section","heading":null,"content":"### Section sec.68M\n\ns 68M ins 2005 No. 7 s 16\namd 2006 No. 18 s 5\nom 2010 No. 22 s 12","sortOrder":142},{"sectionNumber":"sec.69","sectionType":"section","heading":"Obligation to implement plans as stated in approval application","content":"### sec.69 Obligation to implement plans as stated in approval application\n\nThis section applies to the following that, under section 46 (1) (f) , accompanied a control body’s approval application—\nits plans for managing its code of racing; and\nthe timetable for implementing the plans.\nSubject to the regulation conditions and stated conditions in the control body’s approval, the control body must implement the plans as stated in the timetable.\ns 69 prev s 69 om 2010 No. 22 s 12\ndef thoroughbred entity sub 2005 No. 7 s 18\npres s 69 (prev s 36) renum and reloc 2012 No. 42 s 22\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.69-ssec.1) This section applies to the following that, under section 46 (1) (f) , accompanied a control body’s approval application— its plans for managing its code of racing; and the timetable for implementing the plans.\n(sec.69-ssec.2) Subject to the regulation conditions and stated conditions in the control body’s approval, the control body must implement the plans as stated in the timetable.\n- (a) its plans for managing its code of racing; and\n- (b) the timetable for implementing the plans.","sortOrder":143},{"sectionNumber":"sec.70","sectionType":"section","heading":"Notice of event resulting in a control body not being an eligible corporation","content":"### sec.70 Notice of event resulting in a control body not being an eligible corporation\n\nWithin 14 days after an event happening relating to a control body that makes the control body no longer an eligible corporation, the control body must give notice under subsection (2) about the event to the chief executive and the commission.\nThe notice must—\nbe in the approved form; and\ninclude the control body’s plan and timetable for making the corporation an eligible corporation.\nThe giving of a notice under subsection (1) does not limit the Minister’s power under section 75 to give the control body a show cause notice.\ns 70 prev s 70 om 2010 No. 22 s 12\npres s 70 (prev s 43) amd 2008 No. 24 s 6 ; 2012 No. 42 s 26 (1)\nrenum and reloc 2012 No. 42 s 26 (2)\namd 2016 No. 12 s 331\n(sec.70-ssec.1) Within 14 days after an event happening relating to a control body that makes the control body no longer an eligible corporation, the control body must give notice under subsection (2) about the event to the chief executive and the commission.\n(sec.70-ssec.2) The notice must— be in the approved form; and include the control body’s plan and timetable for making the corporation an eligible corporation.\n(sec.70-ssec.3) The giving of a notice under subsection (1) does not limit the Minister’s power under section 75 to give the control body a show cause notice.\n- (a) be in the approved form; and\n- (b) include the control body’s plan and timetable for making the corporation an eligible corporation.","sortOrder":144},{"sectionNumber":"sec.71","sectionType":"section","heading":"Ministerial direction to approved control body about its policies or rules","content":"### sec.71 Ministerial direction to approved control body about its policies or rules\n\nThis section applies if the Minister believes that, for 1 or more of the following reasons, it is necessary to give a control body a direction under this section—\nto ensure public confidence in the integrity of the Queensland racing industry;\nto ensure the control body is managing its code of racing in the interests of the code;\nto ensure the welfare of licensed animals;\nto ensure the control body’s actions are accountable and its decision-making processes are transparent;\nto ensure the control body’s rules of racing have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992 , section 4 (3) .\nThe Minister may, by notice given to the control body, direct the control body to do 1 or more of the following and take into account matters stated in the direction—\nmake a new policy about a matter;\nreview an existing policy;\nmake rules of racing about a matter;\nreview existing rules of racing.\nThe notice must state a date by which the direction must be complied with.\nThe date stated must be reasonable having regard to the nature of the matters to be done under the direction.\ns 71 prev s 71 sub 2005 No. 7 s 19\nom 2010 No. 22 s 12\npres s 71 (prev s 45) amd 2010 No. 22 s 10 ; 2012 No. 42 s 28 (1)\nrenum and reloc 2012 No. 42 s 28 (2)\namd 2016 No. 12 s 332\n(sec.71-ssec.1) This section applies if the Minister believes that, for 1 or more of the following reasons, it is necessary to give a control body a direction under this section— to ensure public confidence in the integrity of the Queensland racing industry; to ensure the control body is managing its code of racing in the interests of the code; to ensure the welfare of licensed animals; to ensure the control body’s actions are accountable and its decision-making processes are transparent; to ensure the control body’s rules of racing have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992 , section 4 (3) .\n(sec.71-ssec.2) The Minister may, by notice given to the control body, direct the control body to do 1 or more of the following and take into account matters stated in the direction— make a new policy about a matter; review an existing policy; make rules of racing about a matter; review existing rules of racing.\n(sec.71-ssec.3) The notice must state a date by which the direction must be complied with.\n(sec.71-ssec.4) The date stated must be reasonable having regard to the nature of the matters to be done under the direction.\n- (a) to ensure public confidence in the integrity of the Queensland racing industry;\n- (b) to ensure the control body is managing its code of racing in the interests of the code;\n- (c) to ensure the welfare of licensed animals;\n- (d) to ensure the control body’s actions are accountable and its decision-making processes are transparent;\n- (e) to ensure the control body’s rules of racing have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992 , section 4 (3) .\n- (a) make a new policy about a matter;\n- (b) review an existing policy;\n- (c) make rules of racing about a matter;\n- (d) review existing rules of racing.","sortOrder":145},{"sectionNumber":"sec.72","sectionType":"section","heading":"Control body is unit of public administration","content":"### sec.72 Control body is unit of public administration\n\nOn and after the approval effect day for a control body, the control body is a unit of public administration under the Crime and Corruption Act 2001 , to the extent of the control body’s operations for the purposes of performing its function under this Act.\ns 72 prev s 72 amd 2005 No. 7 s 20\nom 2010 No. 22 s 12\npres s 72 (prev s 59) renum and reloc 2012 No. 42 s 37\namd 2014 No. 21 s 94 (2) sch 2","sortOrder":146},{"sectionNumber":"sec.73","sectionType":"section","heading":"Audit by auditor-general","content":"### sec.73 Audit by auditor-general\n\nAt the request of the Minister, the auditor-general may audit a control body.\nFor subsection (1) —\nthe auditor-general is taken to be auditing an entity under the Auditor-General Act 2009 ; and\nthe control body is taken to have consented to the audit.\nHowever, despite that Act and subsection (2) (b) , the control body can not revoke or otherwise withdraw the consent mentioned in subsection (2) (b) .\nA control body audited under this section is liable for the fees charged by the auditor-general for the audit, as mentioned in the Auditor-General Act 2009 .\ns 73 prev s 73 amd 2005 No. 7 s 21\nom 2010 No. 22 s 12\npres s 73 (prev s 60) amd 2008 No. 24 s 11 ; 2009 No. 9 s 136 sch 1\nrenum and reloc 2012 No. 42 s 37\n(sec.73-ssec.1) At the request of the Minister, the auditor-general may audit a control body.\n(sec.73-ssec.2) For subsection (1) — the auditor-general is taken to be auditing an entity under the Auditor-General Act 2009 ; and the control body is taken to have consented to the audit.\n(sec.73-ssec.3) However, despite that Act and subsection (2) (b) , the control body can not revoke or otherwise withdraw the consent mentioned in subsection (2) (b) .\n(sec.73-ssec.4) A control body audited under this section is liable for the fees charged by the auditor-general for the audit, as mentioned in the Auditor-General Act 2009 .\n- (a) the auditor-general is taken to be auditing an entity under the Auditor-General Act 2009 ; and\n- (b) the control body is taken to have consented to the audit.","sortOrder":147},{"sectionNumber":"ch.2-pt.2-div.8","sectionType":"division","heading":"Disciplinary action against approved control bodies","content":"## Disciplinary action against approved control bodies","sortOrder":148},{"sectionNumber":"sec.74","sectionType":"section","heading":"Grounds for disciplinary action relating to the approval of a control body for its code of racing","content":"### sec.74 Grounds for disciplinary action relating to the approval of a control body for its code of racing\n\nEach of the following is a ground to take disciplinary action relating to an approval of a control body for its code of racing—\nthe control body is not an eligible corporation;\nan executive officer of the control body is not an eligible individual;\nthe control body is no longer suitable to manage the code;\nthe control body contravenes a provision of this Act or the Racing Integrity Act , whether or not a penalty is provided for the contravention;\nthe control body fails to comply with a condition relating to its approval;\nthe control body contravenes a Ministerial direction;\nin its approval application, or a notice or other document that the control body is required under this Act or the Racing Integrity Act to give to the Minister, chief executive or commission, the control body stated something it knew was false or misleading in a material particular.\nFor forming a belief that the ground mentioned in subsection (1) (c) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether an approval applicant for approval as a control body is suitable to be approved as a control body.\ns 74 pres s 74 sub 2005 No. 7 s 22\nom 2010 No. 22 s 12\npres s 74 (prev s 52) amd 2008 No. 24 s 9 ; 2012 No. 42 s 34\nrenum and reloc 2012 No. 42 s 35\namd 2016 No. 12 s 333\n(sec.74-ssec.1) Each of the following is a ground to take disciplinary action relating to an approval of a control body for its code of racing— the control body is not an eligible corporation; an executive officer of the control body is not an eligible individual; the control body is no longer suitable to manage the code; the control body contravenes a provision of this Act or the Racing Integrity Act , whether or not a penalty is provided for the contravention; the control body fails to comply with a condition relating to its approval; the control body contravenes a Ministerial direction; in its approval application, or a notice or other document that the control body is required under this Act or the Racing Integrity Act to give to the Minister, chief executive or commission, the control body stated something it knew was false or misleading in a material particular.\n(sec.74-ssec.2) For forming a belief that the ground mentioned in subsection (1) (c) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether an approval applicant for approval as a control body is suitable to be approved as a control body.\n- (a) the control body is not an eligible corporation;\n- (b) an executive officer of the control body is not an eligible individual;\n- (c) the control body is no longer suitable to manage the code;\n- (d) the control body contravenes a provision of this Act or the Racing Integrity Act , whether or not a penalty is provided for the contravention;\n- (e) the control body fails to comply with a condition relating to its approval;\n- (f) the control body contravenes a Ministerial direction;\n- (g) in its approval application, or a notice or other document that the control body is required under this Act or the Racing Integrity Act to give to the Minister, chief executive or commission, the control body stated something it knew was false or misleading in a material particular.","sortOrder":149},{"sectionNumber":"sec.75","sectionType":"section","heading":"Show cause notice","content":"### sec.75 Show cause notice\n\nIf the Minister believes a ground exists to take disciplinary action relating to the approval of a control body for its code of racing, the Minister must, subject to section 78 (1) (a) , give the control body a notice (a show cause notice ).\nThe show cause notice must state the following—\nthe disciplinary action the Minister proposes taking under this division (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action includes suspension—the proposed suspension period;\nif the proposed action includes varying the approval—the change that it is proposed to make to a condition stated in the approval or the new condition to which it is proposed to make the approval subject;\nif the proposed action includes censuring the control body—the proposed censure;\nan invitation to the control body to show, within a stated period (the show cause period ), why the proposed action should not be taken.\nThe show cause period must be a period ending at least 28 days after the day the show cause notice is given to the control body.\ns 75 prev s 75 om 2010 No. 22 s 12\npres s 75 (prev s 53) renum and reloc 2012 No. 42 s 35\namd 2012 No. 42 s 75 sch\n(sec.75-ssec.1) If the Minister believes a ground exists to take disciplinary action relating to the approval of a control body for its code of racing, the Minister must, subject to section 78 (1) (a) , give the control body a notice (a show cause notice ).\n(sec.75-ssec.2) The show cause notice must state the following— the disciplinary action the Minister proposes taking under this division (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action includes suspension—the proposed suspension period; if the proposed action includes varying the approval—the change that it is proposed to make to a condition stated in the approval or the new condition to which it is proposed to make the approval subject; if the proposed action includes censuring the control body—the proposed censure; an invitation to the control body to show, within a stated period (the show cause period ), why the proposed action should not be taken.\n(sec.75-ssec.3) The show cause period must be a period ending at least 28 days after the day the show cause notice is given to the control body.\n- (a) the disciplinary action the Minister proposes taking under this division (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action includes suspension—the proposed suspension period;\n- (e) if the proposed action includes varying the approval—the change that it is proposed to make to a condition stated in the approval or the new condition to which it is proposed to make the approval subject;\n- (f) if the proposed action includes censuring the control body—the proposed censure;\n- (g) an invitation to the control body to show, within a stated period (the show cause period ), why the proposed action should not be taken.","sortOrder":150},{"sectionNumber":"sec.76","sectionType":"section","heading":"Consideration of representations","content":"### sec.76 Consideration of representations\n\nThe control body may make written representations about the show cause notice to the Minister in the show cause period.\nThe Minister must consider all written representations (the accepted representations ) made under subsection (1) .\ns 76 prev s 76 om 2010 No. 22 s 12\npres s 76 (prev s 54) renum and reloc 2012 No. 42 s 35\n(sec.76-ssec.1) The control body may make written representations about the show cause notice to the Minister in the show cause period.\n(sec.76-ssec.2) The Minister must consider all written representations (the accepted representations ) made under subsection (1) .","sortOrder":151},{"sectionNumber":"sec.77","sectionType":"section","heading":"Immediate suspension of an approval","content":"### sec.77 Immediate suspension of an approval\n\nThe Minister may suspend the approval of a control body immediately if the Minister believes—\na ground exists to take disciplinary action relating to the approval of the control body for its code of racing; and\nthe circumstances are so extraordinary that it is imperative to suspend the approval immediately to ensure—\nthe safety of persons, or the welfare of animals, at a race meeting managed by the control body; or\nthe public interest in the code of racing is not adversely affected.\nThe suspension—\ncan be effected only by the Minister giving the control body an information notice about the decision to suspend it, together with a show cause notice; and\noperates immediately the information notice is given to the control body; and\ncontinues to operate until the show cause notice is finally dealt with.\ns 77 prev s 77 om 2010 No. 22 s 12\npres s 77 (prev s 55) amd 2008 No. 24 s 10\nrenum and reloc 2012 No. 42 s 35\namd 2016 No. 12 s 334\n(sec.77-ssec.1) The Minister may suspend the approval of a control body immediately if the Minister believes— a ground exists to take disciplinary action relating to the approval of the control body for its code of racing; and the circumstances are so extraordinary that it is imperative to suspend the approval immediately to ensure— the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or the public interest in the code of racing is not adversely affected.\n(sec.77-ssec.2) The suspension— can be effected only by the Minister giving the control body an information notice about the decision to suspend it, together with a show cause notice; and operates immediately the information notice is given to the control body; and continues to operate until the show cause notice is finally dealt with.\n- (a) a ground exists to take disciplinary action relating to the approval of the control body for its code of racing; and\n- (b) the circumstances are so extraordinary that it is imperative to suspend the approval immediately to ensure— (i) the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or (ii) the public interest in the code of racing is not adversely affected.\n- (i) the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or\n- (ii) the public interest in the code of racing is not adversely affected.\n- (i) the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or\n- (ii) the public interest in the code of racing is not adversely affected.\n- (a) can be effected only by the Minister giving the control body an information notice about the decision to suspend it, together with a show cause notice; and\n- (b) operates immediately the information notice is given to the control body; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":152},{"sectionNumber":"sec.78","sectionType":"section","heading":"Censuring control body","content":"### sec.78 Censuring control body\n\nThe Minister may censure a control body if the Minister—\nbelieves a ground exists to take disciplinary action relating to the approval of the control body but does not believe that giving a show cause notice to the control body is warranted; or\nafter considering the accepted representations for a show cause notice, still believes a ground exists to take disciplinary action relating to the approval of a control body but does not believe disciplinary action is warranted.\nThe censure may be effected only by the Minister giving the control body an information notice about the decision to censure it.\ns 78 (prev s 56) renum and reloc 2012 No. 42 s 35\n(sec.78-ssec.1) The Minister may censure a control body if the Minister— believes a ground exists to take disciplinary action relating to the approval of the control body but does not believe that giving a show cause notice to the control body is warranted; or after considering the accepted representations for a show cause notice, still believes a ground exists to take disciplinary action relating to the approval of a control body but does not believe disciplinary action is warranted.\n(sec.78-ssec.2) The censure may be effected only by the Minister giving the control body an information notice about the decision to censure it.\n- (a) believes a ground exists to take disciplinary action relating to the approval of the control body but does not believe that giving a show cause notice to the control body is warranted; or\n- (b) after considering the accepted representations for a show cause notice, still believes a ground exists to take disciplinary action relating to the approval of a control body but does not believe disciplinary action is warranted.","sortOrder":153},{"sectionNumber":"sec.79","sectionType":"section","heading":"Direction to control body to rectify matter","content":"### sec.79 Direction to control body to rectify matter\n\nThis section applies if, after considering the accepted representations for a show cause notice, the Minister—\nstill believes a ground exists to take disciplinary action relating to the approval of a control body; and\nbelieves a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter.\nThe Minister may direct the control body to rectify the matter.\nThe direction can be effected only by the Minister giving the control body an information notice about the decision to give the direction, including the period for rectifying the matter.\nThe period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified.\nA control body must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse.\nMaximum penalty—400 penalty units.\nThe control body can not be prosecuted, or have disciplinary action relating to its approval taken against it, for the ground giving rise to the information notice unless the control body—\nfails to comply with the notice within the stated period; and\ndoes not have a reasonable excuse for failing to comply with the notice.\nThe Minister’s power to give a direction to a control body under another provision of this Act is not limited by the Minister’s power to give a direction under this section.\ns 79 (prev s 57) renum and reloc 2012 No. 42 s 35\n(sec.79-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the Minister— still believes a ground exists to take disciplinary action relating to the approval of a control body; and believes a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter.\n(sec.79-ssec.2) The Minister may direct the control body to rectify the matter.\n(sec.79-ssec.3) The direction can be effected only by the Minister giving the control body an information notice about the decision to give the direction, including the period for rectifying the matter.\n(sec.79-ssec.4) The period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified.\n(sec.79-ssec.5) A control body must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse. Maximum penalty—400 penalty units.\n(sec.79-ssec.6) The control body can not be prosecuted, or have disciplinary action relating to its approval taken against it, for the ground giving rise to the information notice unless the control body— fails to comply with the notice within the stated period; and does not have a reasonable excuse for failing to comply with the notice.\n(sec.79-ssec.7) The Minister’s power to give a direction to a control body under another provision of this Act is not limited by the Minister’s power to give a direction under this section.\n- (a) still believes a ground exists to take disciplinary action relating to the approval of a control body; and\n- (b) believes a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter.\n- (a) fails to comply with the notice within the stated period; and\n- (b) does not have a reasonable excuse for failing to comply with the notice.","sortOrder":154},{"sectionNumber":"sec.80","sectionType":"section","heading":"Action by Minister","content":"### sec.80 Action by Minister\n\nSubject to section 79 (6) , this section applies if—\nthere are no accepted representations for a show cause notice; or\nafter considering the accepted representations for a show cause notice, the Minister still believes a ground for disciplinary action exists relating to the approval.\nThe Minister may—\nif the proposed action was to suspend the approval—suspend the approval for not longer than the proposed suspension period; or\nif the proposed action was to vary the approval—vary the approval in the proposed way; or\nif the proposed action was to cancel the approval—cancel the approval or take another form of disciplinary action.\nMore than 1 type of disciplinary action relating to the approval of a control body may be taken under this section.\nIf the Minister decides to take action under subsection (2) , the Minister must immediately give the control body an information notice about the decision.\nThe information notice must include a direction to the control body to return the approval to the Minister, within 14 days after receiving the information notice, for relevant action by the Minister.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the control body;\nthe day of effect stated in the information notice.\ns 80 (prev s 58) renum and reloc 2012 No. 42 s 35\namd 2012 No. 42 s 75 sch\n(sec.80-ssec.1) Subject to section 79 (6) , this section applies if— there are no accepted representations for a show cause notice; or after considering the accepted representations for a show cause notice, the Minister still believes a ground for disciplinary action exists relating to the approval.\n(sec.80-ssec.2) The Minister may— if the proposed action was to suspend the approval—suspend the approval for not longer than the proposed suspension period; or if the proposed action was to vary the approval—vary the approval in the proposed way; or if the proposed action was to cancel the approval—cancel the approval or take another form of disciplinary action.\n(sec.80-ssec.3) More than 1 type of disciplinary action relating to the approval of a control body may be taken under this section.\n(sec.80-ssec.4) If the Minister decides to take action under subsection (2) , the Minister must immediately give the control body an information notice about the decision.\n(sec.80-ssec.5) The information notice must include a direction to the control body to return the approval to the Minister, within 14 days after receiving the information notice, for relevant action by the Minister.\n(sec.80-ssec.6) The decision takes effect on the later of the following— the day the information notice is given to the control body; the day of effect stated in the information notice.\n- (a) there are no accepted representations for a show cause notice; or\n- (b) after considering the accepted representations for a show cause notice, the Minister still believes a ground for disciplinary action exists relating to the approval.\n- (a) if the proposed action was to suspend the approval—suspend the approval for not longer than the proposed suspension period; or\n- (b) if the proposed action was to vary the approval—vary the approval in the proposed way; or\n- (c) if the proposed action was to cancel the approval—cancel the approval or take another form of disciplinary action.\n- (a) the day the information notice is given to the control body;\n- (b) the day of effect stated in the information notice.","sortOrder":155},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Control bodies for codes of racing","content":"# Control bodies for codes of racing","sortOrder":156},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Function and powers of control bodies","content":"## Function and powers of control bodies","sortOrder":157},{"sectionNumber":"sec.81","sectionType":"section","heading":"Function of control body","content":"### sec.81 Function of control body\n\nThe function under this Act of a control body is to manage its code of racing.\ns 81 prev s 81 amd 2010 No. 22 s 14 ; 2012 No. 42 s 40\nom 2016 No. 12 s 347\npres s 81 amd 2010 No. 22 s 7 ; 2012 No. 42 s 19","sortOrder":158},{"sectionNumber":"sec.82","sectionType":"section","heading":"Powers of control body for its code of racing","content":"### sec.82 Powers of control body for its code of racing\n\nA control body has—\nthe powers necessary for performing its function; and\nall other powers necessary for discharging the obligations imposed on the control body under this Act or another Act.\nWithout limiting subsection (1) , a control body may do any of the following for any of its codes of racing—\nlicense clubs and venues that are suitable to be licensed for the code;\nconduct audits of licence holders to decide if the licence holders continue to be suitable to be licensed, on the control body’s own initiative or at the request of the Minister;\ninvestigate complaints about licence holders on the control body’s own initiative or at the request of the Minister;\nallocate dates on which, and places at which, race meetings are to be held for the code of racing;\nprepare and implement plans and strategies for developing, promoting and marketing the commercial operations of the code of racing;\nencourage and facilitate the development of ancillary racing activities for the code of racing, including, for example, the breeding and training of animals;\ndistribute an amount—\nas prize money for races; or\nto a licensed club, on conditions the control body considers appropriate, for a purpose relating to the operations of the club; or\nfor undertaking research and analysis for the code of racing;\ninvestigate, make decisions about and, on conditions the control body considers appropriate, allocate funding for venue development and other infrastructure relevant to the code of racing;\nsupervise—\nthe construction of a new racing venue; or\nalterations or renovations to an existing racing venue;\nexamine a licensed club’s constitution to determine if it complies with this Act and the relevant rules of racing;\npromote animal welfare and prevent animal cruelty, including ensuring adequate training is provided to participants to achieve this;\npublish material to inform the public, whether in Queensland or elsewhere;\nprepare, on its own motion or when directed by the Minister, reports and recommendations;\norder the audit of the books and accounts of a licensed club by a registered company auditor under the Corporations Act ;\nenter into reciprocal arrangements with entities in other States, or in countries other than Australia, that have similar powers to the control body for recognising—\nthe activities conducted by, or under the control of, the entities in the other States or the countries; and\nanother matter or thing relating to managing the code of racing;\nissue race information authorities under section 135 (1) ;\nestablish a committee or another entity that—\nassists the control body to perform its functions; or\nprovides advice to the control body about performing its functions, and performs administrative functions, for non-UBET races.\nTo the extent a control body believes necessary or desirable for performing the control body’s function, the control body may, by notice given to a licensed club, give a direction to the club (a control body direction ) relating to—\nthe operations of the club, including, for example, matters in relation to the licensed club’s assets; or\na licensed venue for which the club is the licence holder.\nA control body direction may require a licensed club to do something or to refrain from doing something.\nAs mentioned in section 115 (1) (a) , if the licensed club is not complying, or has not complied with the control body direction, the control body may suspend or cancel the club’s licence.\nIn this section—\nnon-UBET races means races on which UBET does not, or is unlikely to, offer wagering.\ns 82 prev s 82 om 2016 No. 12 s 347\npres s 82 amd 2008 No. 75 s 89 ; 2010 No. 22 s 8 ; 2012 No. 42 s 20 ; 2016 No. 12 s 335\n(sec.82-ssec.1) A control body has— the powers necessary for performing its function; and all other powers necessary for discharging the obligations imposed on the control body under this Act or another Act.\n(sec.82-ssec.2) Without limiting subsection (1) , a control body may do any of the following for any of its codes of racing— license clubs and venues that are suitable to be licensed for the code; conduct audits of licence holders to decide if the licence holders continue to be suitable to be licensed, on the control body’s own initiative or at the request of the Minister; investigate complaints about licence holders on the control body’s own initiative or at the request of the Minister; allocate dates on which, and places at which, race meetings are to be held for the code of racing; prepare and implement plans and strategies for developing, promoting and marketing the commercial operations of the code of racing; encourage and facilitate the development of ancillary racing activities for the code of racing, including, for example, the breeding and training of animals; distribute an amount— as prize money for races; or to a licensed club, on conditions the control body considers appropriate, for a purpose relating to the operations of the club; or for undertaking research and analysis for the code of racing; investigate, make decisions about and, on conditions the control body considers appropriate, allocate funding for venue development and other infrastructure relevant to the code of racing; supervise— the construction of a new racing venue; or alterations or renovations to an existing racing venue; examine a licensed club’s constitution to determine if it complies with this Act and the relevant rules of racing; promote animal welfare and prevent animal cruelty, including ensuring adequate training is provided to participants to achieve this; publish material to inform the public, whether in Queensland or elsewhere; prepare, on its own motion or when directed by the Minister, reports and recommendations; order the audit of the books and accounts of a licensed club by a registered company auditor under the Corporations Act ; enter into reciprocal arrangements with entities in other States, or in countries other than Australia, that have similar powers to the control body for recognising— the activities conducted by, or under the control of, the entities in the other States or the countries; and another matter or thing relating to managing the code of racing; issue race information authorities under section 135 (1) ; establish a committee or another entity that— assists the control body to perform its functions; or provides advice to the control body about performing its functions, and performs administrative functions, for non-UBET races.\n(sec.82-ssec.3) To the extent a control body believes necessary or desirable for performing the control body’s function, the control body may, by notice given to a licensed club, give a direction to the club (a control body direction ) relating to— the operations of the club, including, for example, matters in relation to the licensed club’s assets; or a licensed venue for which the club is the licence holder.\n(sec.82-ssec.4) A control body direction may require a licensed club to do something or to refrain from doing something.\n(sec.82-ssec.5) As mentioned in section 115 (1) (a) , if the licensed club is not complying, or has not complied with the control body direction, the control body may suspend or cancel the club’s licence.\n(sec.82-ssec.6) In this section— non-UBET races means races on which UBET does not, or is unlikely to, offer wagering.\n- (a) the powers necessary for performing its function; and\n- (b) all other powers necessary for discharging the obligations imposed on the control body under this Act or another Act.\n- (a) license clubs and venues that are suitable to be licensed for the code;\n- (b) conduct audits of licence holders to decide if the licence holders continue to be suitable to be licensed, on the control body’s own initiative or at the request of the Minister;\n- (c) investigate complaints about licence holders on the control body’s own initiative or at the request of the Minister;\n- (d) allocate dates on which, and places at which, race meetings are to be held for the code of racing;\n- (e) prepare and implement plans and strategies for developing, promoting and marketing the commercial operations of the code of racing;\n- (f) encourage and facilitate the development of ancillary racing activities for the code of racing, including, for example, the breeding and training of animals;\n- (g) distribute an amount— (i) as prize money for races; or (ii) to a licensed club, on conditions the control body considers appropriate, for a purpose relating to the operations of the club; or (iii) for undertaking research and analysis for the code of racing;\n- (i) as prize money for races; or\n- (ii) to a licensed club, on conditions the control body considers appropriate, for a purpose relating to the operations of the club; or\n- (iii) for undertaking research and analysis for the code of racing;\n- (h) investigate, make decisions about and, on conditions the control body considers appropriate, allocate funding for venue development and other infrastructure relevant to the code of racing;\n- (i) supervise— (i) the construction of a new racing venue; or (ii) alterations or renovations to an existing racing venue;\n- (i) the construction of a new racing venue; or\n- (ii) alterations or renovations to an existing racing venue;\n- (j) examine a licensed club’s constitution to determine if it complies with this Act and the relevant rules of racing;\n- (k) promote animal welfare and prevent animal cruelty, including ensuring adequate training is provided to participants to achieve this;\n- (l) publish material to inform the public, whether in Queensland or elsewhere;\n- (m) prepare, on its own motion or when directed by the Minister, reports and recommendations;\n- (n) order the audit of the books and accounts of a licensed club by a registered company auditor under the Corporations Act ;\n- (o) enter into reciprocal arrangements with entities in other States, or in countries other than Australia, that have similar powers to the control body for recognising— (i) the activities conducted by, or under the control of, the entities in the other States or the countries; and (ii) another matter or thing relating to managing the code of racing;\n- (i) the activities conducted by, or under the control of, the entities in the other States or the countries; and\n- (ii) another matter or thing relating to managing the code of racing;\n- (p) issue race information authorities under section 135 (1) ;\n- (q) establish a committee or another entity that— (i) assists the control body to perform its functions; or (ii) provides advice to the control body about performing its functions, and performs administrative functions, for non-UBET races.\n- (i) assists the control body to perform its functions; or\n- (ii) provides advice to the control body about performing its functions, and performs administrative functions, for non-UBET races.\n- (i) as prize money for races; or\n- (ii) to a licensed club, on conditions the control body considers appropriate, for a purpose relating to the operations of the club; or\n- (iii) for undertaking research and analysis for the code of racing;\n- (i) the construction of a new racing venue; or\n- (ii) alterations or renovations to an existing racing venue;\n- (i) the activities conducted by, or under the control of, the entities in the other States or the countries; and\n- (ii) another matter or thing relating to managing the code of racing;\n- (i) assists the control body to perform its functions; or\n- (ii) provides advice to the control body about performing its functions, and performs administrative functions, for non-UBET races.\n- (a) the operations of the club, including, for example, matters in relation to the licensed club’s assets; or\n- (b) a licensed venue for which the club is the licence holder.","sortOrder":159},{"sectionNumber":"sec.83","sectionType":"section","heading":"Control body may charge fees for its services","content":"### sec.83 Control body may charge fees for its services\n\nA control body for a code of racing may charge fees for services it provides as part of managing its code of racing.\nA fee charged by the control body for a service, including matters relating to licensing, must reflect the reasonable cost to the control body of providing the service.\nDespite subsection (1) , a control body may not charge a fee for a service provided to the Minister or the chief executive under this Act or to the commission for the purposes of the Racing Integrity Act .\ns 83 amd 2016 No. 12 s 336\n(sec.83-ssec.1) A control body for a code of racing may charge fees for services it provides as part of managing its code of racing.\n(sec.83-ssec.2) A fee charged by the control body for a service, including matters relating to licensing, must reflect the reasonable cost to the control body of providing the service.\n(sec.83-ssec.3) Despite subsection (1) , a control body may not charge a fee for a service provided to the Minister or the chief executive under this Act or to the commission for the purposes of the Racing Integrity Act .","sortOrder":160},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Obligations of control bodies other than for policies","content":"## Obligations of control bodies other than for policies","sortOrder":161},{"sectionNumber":"sec.84","sectionType":"section","heading":"Obligation to have racing calendar for code of racing","content":"### sec.84 Obligation to have racing calendar for code of racing\n\nA control body for a code of racing must prepare a program (the racing calendar ) that includes the following matters for the period in relation to which the racing calendar is published (the calendar period )—\nthe dates on which, and places at which, race meetings are to be held for the code of racing during the calendar period;\ninformation about the races to be held at each race meeting, including, for example, the length of the race, the types of animals eligible for the race and the prize;\ninformation about dates relevant for each race, including, for example, deadlines for nominating and paying nomination fees;\na change to the control body’s rules of racing that take effect during the calendar period;\na change to a previous racing calendar;\na declaration under the Racing Integrity Act of a sporting contingency within the meaning of that Act.\nWithout limiting subsection (1) , the board must include, in the racing calendar prepared in relation to thoroughbred racing, details of the country thoroughbred race meetings to be held during the calendar period.\nThe control body that prepares a racing calendar may amend the racing calendar if—\nthe control body believes a licensed club is unsuitable to hold a race meeting; or\na licensed club fails to comply with a control body direction given to the club under section 82 (3) .\nThe control body must make the racing calendar for a calendar period available at least 7 days before the start of, and during, the calendar period.\nThe control body may comply with subsection (4) by making the racing calendar available on its website for at least 7 days before the start of, and during, the calendar period.\nThe control body may publish the racing calendar in, or as part of, another publication of the control body that includes other information, including, for example, advertising.\ns 84 amd 2016 No. 12 s 338 ; 2022 No. 30 s 74\n(sec.84-ssec.1) A control body for a code of racing must prepare a program (the racing calendar ) that includes the following matters for the period in relation to which the racing calendar is published (the calendar period )— the dates on which, and places at which, race meetings are to be held for the code of racing during the calendar period; information about the races to be held at each race meeting, including, for example, the length of the race, the types of animals eligible for the race and the prize; information about dates relevant for each race, including, for example, deadlines for nominating and paying nomination fees; a change to the control body’s rules of racing that take effect during the calendar period; a change to a previous racing calendar; a declaration under the Racing Integrity Act of a sporting contingency within the meaning of that Act.\n(sec.84-ssec.2) Without limiting subsection (1) , the board must include, in the racing calendar prepared in relation to thoroughbred racing, details of the country thoroughbred race meetings to be held during the calendar period.\n(sec.84-ssec.3) The control body that prepares a racing calendar may amend the racing calendar if— the control body believes a licensed club is unsuitable to hold a race meeting; or a licensed club fails to comply with a control body direction given to the club under section 82 (3) .\n(sec.84-ssec.4) The control body must make the racing calendar for a calendar period available at least 7 days before the start of, and during, the calendar period.\n(sec.84-ssec.5) The control body may comply with subsection (4) by making the racing calendar available on its website for at least 7 days before the start of, and during, the calendar period.\n(sec.84-ssec.6) The control body may publish the racing calendar in, or as part of, another publication of the control body that includes other information, including, for example, advertising.\n- (a) the dates on which, and places at which, race meetings are to be held for the code of racing during the calendar period;\n- (b) information about the races to be held at each race meeting, including, for example, the length of the race, the types of animals eligible for the race and the prize;\n- (c) information about dates relevant for each race, including, for example, deadlines for nominating and paying nomination fees;\n- (d) a change to the control body’s rules of racing that take effect during the calendar period;\n- (e) a change to a previous racing calendar;\n- (f) a declaration under the Racing Integrity Act of a sporting contingency within the meaning of that Act.\n- (a) the control body believes a licensed club is unsuitable to hold a race meeting; or\n- (b) a licensed club fails to comply with a control body direction given to the club under section 82 (3) .","sortOrder":162},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Reporting about particular changes or events","content":"## Reporting about particular changes or events","sortOrder":163},{"sectionNumber":"sec.85","sectionType":"section","heading":"Notice about change of executive officers","content":"### sec.85 Notice about change of executive officers\n\nIf an executive officer of a control body resigns, or the executive officer’s appointment or employment otherwise ends, the control body must give notice about the resignation, or the end of the appointment or employment, to the chief executive under subsection (2) .\nThe notice mentioned in subsection (1) must—\nbe in the approved form; and\nbe given within 14 days after the resignation, or the end of the appointment or employment, of a person as an executive officer; and\nif, at the time of the resignation or end of the appointment or employment, the executive officer was no longer an eligible individual, include the reason why the executive officer was no longer an eligible individual.\nIf a person is appointed or employed as an executive officer of a control body after the control body’s approval or, for the board, is appointed as an executive officer of the body after the body is established, the control body must give notice about the appointment or employment to the chief executive under subsection (4) .\nThe notice mentioned in subsection (3) must—\nbe in the approved form; and\nbe given within 14 days after the appointment or employment of the person as an executive officer; and\nstate that the person is an eligible individual; and\nbe accompanied by a consent form signed by the person that gives the person’s consent to the following—\nthe collection of personal information about the person by or for the chief executive;\nthe collection of background information by or for the chief executive;\na criminal history check.\ns 85 amd 2008 No. 24 s 5 ; 2012 No. 42 s 25 ; 2016 No. 12 s 389 s ch 2 pt 1\n(sec.85-ssec.1) If an executive officer of a control body resigns, or the executive officer’s appointment or employment otherwise ends, the control body must give notice about the resignation, or the end of the appointment or employment, to the chief executive under subsection (2) .\n(sec.85-ssec.2) The notice mentioned in subsection (1) must— be in the approved form; and be given within 14 days after the resignation, or the end of the appointment or employment, of a person as an executive officer; and if, at the time of the resignation or end of the appointment or employment, the executive officer was no longer an eligible individual, include the reason why the executive officer was no longer an eligible individual.\n(sec.85-ssec.3) If a person is appointed or employed as an executive officer of a control body after the control body’s approval or, for the board, is appointed as an executive officer of the body after the body is established, the control body must give notice about the appointment or employment to the chief executive under subsection (4) .\n(sec.85-ssec.4) The notice mentioned in subsection (3) must— be in the approved form; and be given within 14 days after the appointment or employment of the person as an executive officer; and state that the person is an eligible individual; and be accompanied by a consent form signed by the person that gives the person’s consent to the following— the collection of personal information about the person by or for the chief executive; the collection of background information by or for the chief executive; a criminal history check.\n- (a) be in the approved form; and\n- (b) be given within 14 days after the resignation, or the end of the appointment or employment, of a person as an executive officer; and\n- (c) if, at the time of the resignation or end of the appointment or employment, the executive officer was no longer an eligible individual, include the reason why the executive officer was no longer an eligible individual.\n- (a) be in the approved form; and\n- (b) be given within 14 days after the appointment or employment of the person as an executive officer; and\n- (c) state that the person is an eligible individual; and\n- (d) be accompanied by a consent form signed by the person that gives the person’s consent to the following— (i) the collection of personal information about the person by or for the chief executive; (ii) the collection of background information by or for the chief executive; (iii) a criminal history check.\n- (i) the collection of personal information about the person by or for the chief executive;\n- (ii) the collection of background information by or for the chief executive;\n- (iii) a criminal history check.\n- (i) the collection of personal information about the person by or for the chief executive;\n- (ii) the collection of background information by or for the chief executive;\n- (iii) a criminal history check.","sortOrder":164},{"sectionNumber":"sec.86","sectionType":"section","heading":"Notice of event resulting in executive officer no longer being an eligible individual","content":"### sec.86 Notice of event resulting in executive officer no longer being an eligible individual\n\nWithin 14 days after an event happening that results in an executive officer of a control body being no longer an eligible individual, the executive officer must give notice about the event to the chief executive.\nMaximum penalty—40 penalty units.\nThe notice must be in the approved form.\ns 86 amd 2008 No. 24 s 7 ; 2016 No. 12 s 342\n(sec.86-ssec.1) Within 14 days after an event happening that results in an executive officer of a control body being no longer an eligible individual, the executive officer must give notice about the event to the chief executive. Maximum penalty—40 penalty units.\n(sec.86-ssec.2) The notice must be in the approved form.","sortOrder":165},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Reporting generally to Minister","content":"## Reporting generally to Minister","sortOrder":166},{"sectionNumber":"sec.87","sectionType":"section","heading":"Quarterly reports","content":"### sec.87 Quarterly reports\n\nA control body for a code of racing must give the Minister a report on the control body’s operations for the code for each quarter in a financial year.\nAs the control body for each board code of racing, the board must give the Minister 3 reports each quarter.\nEach quarterly report must be given to the Minister—\nwithin 6 weeks after the end of the quarter; or\nif another period after the end of the quarter is agreed between the control body and the Minister—within the agreed period.\nA quarterly report must contain the information required to be given in the report under the control body’s operational plan for the code of racing.\nIn this section—\nquarter , in a financial year, means the following periods in the year—\n1 July to 30 September;\n1 October to 31 December;\n1 January to 31 March;\n1 April to 30 June.\ns 87 ins 2016 No. 12 s 343\n(sec.87-ssec.1) A control body for a code of racing must give the Minister a report on the control body’s operations for the code for each quarter in a financial year. As the control body for each board code of racing, the board must give the Minister 3 reports each quarter.\n(sec.87-ssec.2) Each quarterly report must be given to the Minister— within 6 weeks after the end of the quarter; or if another period after the end of the quarter is agreed between the control body and the Minister—within the agreed period.\n(sec.87-ssec.3) A quarterly report must contain the information required to be given in the report under the control body’s operational plan for the code of racing.\n(sec.87-ssec.4) In this section— quarter , in a financial year, means the following periods in the year— 1 July to 30 September; 1 October to 31 December; 1 January to 31 March; 1 April to 30 June.\n- (a) within 6 weeks after the end of the quarter; or\n- (b) if another period after the end of the quarter is agreed between the control body and the Minister—within the agreed period.\n- (a) 1 July to 30 September;\n- (b) 1 October to 31 December;\n- (c) 1 January to 31 March;\n- (d) 1 April to 30 June.","sortOrder":167},{"sectionNumber":"sec.88","sectionType":"section","heading":"Control body to keep Minister informed","content":"### sec.88 Control body to keep Minister informed\n\nA control body for a code of racing must keep the Minister reasonably informed of—\nits operations, financial performance and financial position in relation to the code; and\nits achievement of the objectives in its strategic and operational plans for the code.\nA control body for a code of racing must \timmediately advise the Minister of any matters that arise that, the control body considers, may—\nprevent or impact on the control body’s achievement of the objectives in its strategic and operational plans for the code; or\nsignificantly impact on the public confidence in the code of racing.\ns 88 ins 2016 No. 12 s 343\n(sec.88-ssec.1) A control body for a code of racing must keep the Minister reasonably informed of— its operations, financial performance and financial position in relation to the code; and its achievement of the objectives in its strategic and operational plans for the code.\n(sec.88-ssec.2) A control body for a code of racing must \timmediately advise the Minister of any matters that arise that, the control body considers, may— prevent or impact on the control body’s achievement of the objectives in its strategic and operational plans for the code; or significantly impact on the public confidence in the code of racing.\n- (a) its operations, financial performance and financial position in relation to the code; and\n- (b) its achievement of the objectives in its strategic and operational plans for the code.\n- (a) prevent or impact on the control body’s achievement of the objectives in its strategic and operational plans for the code; or\n- (b) significantly impact on the public confidence in the code of racing.","sortOrder":168},{"sectionNumber":"sec.89","sectionType":"section","heading":"Reporting to department","content":"### sec.89 Reporting to department\n\nBy notice given to a control body, the Minister may require the control body to report to the chief executive for the purposes of section 88 .\nA control body given a requirement under subsection (1) must comply with it.\ns 89 ins 2016 No. 12 s 343\n(sec.89-ssec.1) By notice given to a control body, the Minister may require the control body to report to the chief executive for the purposes of section 88 .\n(sec.89-ssec.2) A control body given a requirement under subsection (1) must comply with it.","sortOrder":169},{"sectionNumber":"sec.90","sectionType":"section","heading":"Other reporting requirements","content":"### sec.90 Other reporting requirements\n\nSections 87 and 88 do not limit the matters about which a control body is required to keep the Minister informed or limit the reports or information that the control body is required to give under this Act or another Act.\ns 90 ins 2016 No. 12 s 343","sortOrder":170},{"sectionNumber":"ch.2-pt.3-div.5","sectionType":"division","heading":"Strategic and operational plans","content":"## Strategic and operational plans","sortOrder":171},{"sectionNumber":"sec.91","sectionType":"section","heading":"Interaction of division with Financial Accountability Act 2009","content":"### sec.91 Interaction of division with Financial Accountability Act 2009\n\nIf something is required to be done by the board under this division as a control body for a code of racing and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with this division is sufficient compliance with the Financial Accountability Act 2009 .\nOtherwise, the requirements that apply under this division to the board as a control body for a code of racing are in addition to the requirements under the Financial Accountability Act 2009 .\nIf there is an inconsistency between the application of this division to the board as a control body for a code of racing and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.\ns 91 ins 2016 No. 12 s 343\n(sec.91-ssec.1) If something is required to be done by the board under this division as a control body for a code of racing and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with this division is sufficient compliance with the Financial Accountability Act 2009 .\n(sec.91-ssec.2) Otherwise, the requirements that apply under this division to the board as a control body for a code of racing are in addition to the requirements under the Financial Accountability Act 2009 .\n(sec.91-ssec.3) If there is an inconsistency between the application of this division to the board as a control body for a code of racing and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.","sortOrder":172},{"sectionNumber":"sec.92","sectionType":"section","heading":"Control body to prepare draft strategic and operational plans","content":"### sec.92 Control body to prepare draft strategic and operational plans\n\nBefore 31 March each year, a control body for a code of racing must prepare, and give to the Minister, a draft strategic plan and a draft operational plan for the code for the next financial year.\nThe control body and the Minister must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.\ns 92 ins 2016 No. 12 s 343\n(sec.92-ssec.1) Before 31 March each year, a control body for a code of racing must prepare, and give to the Minister, a draft strategic plan and a draft operational plan for the code for the next financial year.\n(sec.92-ssec.2) The control body and the Minister must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.","sortOrder":173},{"sectionNumber":"sec.93","sectionType":"section","heading":"Procedures","content":"### sec.93 Procedures\n\nThe Minister may return a draft strategic or operational plan to the control body and ask it—\nto consider, or further consider, a stated thing and deal with the thing in the draft plan; and\nto revise the draft plan in the light of the control body’s consideration or further consideration.\nThe control body must comply with the request as a matter of urgency.\nIf the Minister has not agreed to the draft plan by 1 month before the start of the financial year, the Minister may, by notice, direct the control body—\nto take stated steps in relation to the draft plan; or\nto make stated modifications of the draft plan.\nThe control body must immediately comply with the direction and include a copy of the direction in the plan.\ns 93 ins 2016 No. 12 s 343\n(sec.93-ssec.1) The Minister may return a draft strategic or operational plan to the control body and ask it— to consider, or further consider, a stated thing and deal with the thing in the draft plan; and to revise the draft plan in the light of the control body’s consideration or further consideration.\n(sec.93-ssec.2) The control body must comply with the request as a matter of urgency.\n(sec.93-ssec.3) If the Minister has not agreed to the draft plan by 1 month before the start of the financial year, the Minister may, by notice, direct the control body— to take stated steps in relation to the draft plan; or to make stated modifications of the draft plan.\n(sec.93-ssec.4) The control body must immediately comply with the direction and include a copy of the direction in the plan.\n- (a) to consider, or further consider, a stated thing and deal with the thing in the draft plan; and\n- (b) to revise the draft plan in the light of the control body’s consideration or further consideration.\n- (a) to take stated steps in relation to the draft plan; or\n- (b) to make stated modifications of the draft plan.","sortOrder":174},{"sectionNumber":"sec.94","sectionType":"section","heading":"Strategic or operational plan pending agreement","content":"### sec.94 Strategic or operational plan pending agreement\n\nThis section applies if the Minister and a control body have not agreed to a draft strategic or operational plan before the start of a financial year.\nThe draft plan given, or last given, by the control body to the Minister before the start of the financial year, with any modifications made by the control body, whether before or after that time, at the direction of the Minister, is taken to be the control body’s strategic or operational plan.\nSubsection (2) applies until a draft strategic or operational plan becomes the control body’s strategic or operational plan under section 95 .\ns 94 ins 2016 No. 12 s 343\n(sec.94-ssec.1) This section applies if the Minister and a control body have not agreed to a draft strategic or operational plan before the start of a financial year.\n(sec.94-ssec.2) The draft plan given, or last given, by the control body to the Minister before the start of the financial year, with any modifications made by the control body, whether before or after that time, at the direction of the Minister, is taken to be the control body’s strategic or operational plan.\n(sec.94-ssec.3) Subsection (2) applies until a draft strategic or operational plan becomes the control body’s strategic or operational plan under section 95 .","sortOrder":175},{"sectionNumber":"sec.95","sectionType":"section","heading":"Strategic or operational plan on agreement","content":"### sec.95 Strategic or operational plan on agreement\n\nWhen a draft strategic or operational plan relating to a code of racing has been agreed to in writing by the Minister, it becomes the control body’s strategic or operational plan for the code for the relevant financial year.\ns 95 prev s 95 om 2012 No. 42 s 43\npres s 95 ins 2016 No. 12 s 343","sortOrder":176},{"sectionNumber":"sec.96","sectionType":"section","heading":"Compliance with strategic and operational plans","content":"### sec.96 Compliance with strategic and operational plans\n\nA control body for a code of racing must comply with its strategic and operational plans for the code for the relevant financial year.\ns 96 prev s 96 om 2012 No. 42 s 43\npres s 96 ins 2016 No. 12 s 343","sortOrder":177},{"sectionNumber":"sec.97","sectionType":"section","heading":"Modifications of strategic or operational plan","content":"### sec.97 Modifications of strategic or operational plan\n\nA control body may modify its strategic or operational plan for a code of racing only with the written agreement of the Minister.\nThe Minister may, by notice, direct a control body for a code of racing to modify its strategic or operational plan for the code.\ns 97 prev s 97 amd 2003 No. 94 s 76 ; 2006 No. 18 s 3 sch\nom 2012 No. 42 s 43\npres s 97 ins 2016 No. 12 s 343\n(sec.97-ssec.1) A control body may modify its strategic or operational plan for a code of racing only with the written agreement of the Minister.\n(sec.97-ssec.2) The Minister may, by notice, direct a control body for a code of racing to modify its strategic or operational plan for the code.","sortOrder":178},{"sectionNumber":"sec.98","sectionType":"section","heading":"Content of operational plan and strategic plan","content":"### sec.98 Content of operational plan and strategic plan\n\nA control body’s operational plan or strategic plan for a code of racing for a financial year must comply with any requirements prescribed by regulation for the plan.\ns 98 prev s 98 om 2012 No. 42 s 43\npres s 98 ins 2016 No. 12 s 343","sortOrder":179},{"sectionNumber":"ch.2-pt.3-div.6","sectionType":"division","heading":"Executive officers of control body to disclose interest in licensed animals","content":"## Executive officers of control body to disclose interest in licensed animals","sortOrder":180},{"sectionNumber":"sec.99","sectionType":"section","heading":"Disclosure of interest in licensed animal by executive officer of control body","content":"### sec.99 Disclosure of interest in licensed animal by executive officer of control body\n\nThis section applies if an executive officer of a control body is or becomes an owner of a licensed animal, whether or not the executive officer derives a financial benefit from the ownership interest.\nThe executive officer must disclose the following information to a meeting of the relevant persons of the control body—\nthe number of licensed animals in which the executive officer has an ownership interest and the name by which each animal is known;\nthe code of racing for which each animal is licensed;\nthe percentage of the executive officer’s ownership interest in each animal.\nMaximum penalty—40 penalty units.\nThe control body must—\nwithin 14 days after the disclosure, give notice about the disclosure to the Minister, the chief executive and the commission; and\nif any other person requests information about the disclosure, make the information available to the person.\nHowever, subsection (3) does not apply if the person who disclosed the information is no longer an executive officer of the control body.\nThe control body may charge a fee for making information available under subsection (3) (b) .\nA fee charged by the control body for making information available under subsection (3) (b) must not be more than the reasonable cost to the control body of making the information available.\nIn this section—\nrelevant persons , of the control body, means—\nif the control body is the board—the members of the control body; or\nif the control body is an approved control body—the directors of the control body.\ns 99 prev s 99 om 2012 No. 42 s 43\npres s 99 ins 2008 No. 24 s 12\namd 2012 No. 42 s 38; 2016 No. 12 s 345\n(sec.99-ssec.1) This section applies if an executive officer of a control body is or becomes an owner of a licensed animal, whether or not the executive officer derives a financial benefit from the ownership interest.\n(sec.99-ssec.2) The executive officer must disclose the following information to a meeting of the relevant persons of the control body— the number of licensed animals in which the executive officer has an ownership interest and the name by which each animal is known; the code of racing for which each animal is licensed; the percentage of the executive officer’s ownership interest in each animal. Maximum penalty—40 penalty units.\n(sec.99-ssec.3) The control body must— within 14 days after the disclosure, give notice about the disclosure to the Minister, the chief executive and the commission; and if any other person requests information about the disclosure, make the information available to the person.\n(sec.99-ssec.4) However, subsection (3) does not apply if the person who disclosed the information is no longer an executive officer of the control body.\n(sec.99-ssec.5) The control body may charge a fee for making information available under subsection (3) (b) .\n(sec.99-ssec.6) A fee charged by the control body for making information available under subsection (3) (b) must not be more than the reasonable cost to the control body of making the information available.\n(sec.99-ssec.7) In this section— relevant persons , of the control body, means— if the control body is the board—the members of the control body; or if the control body is an approved control body—the directors of the control body.\n- (a) the number of licensed animals in which the executive officer has an ownership interest and the name by which each animal is known;\n- (b) the code of racing for which each animal is licensed;\n- (c) the percentage of the executive officer’s ownership interest in each animal.\n- (a) within 14 days after the disclosure, give notice about the disclosure to the Minister, the chief executive and the commission; and\n- (b) if any other person requests information about the disclosure, make the information available to the person.\n- (a) if the control body is the board—the members of the control body; or\n- (b) if the control body is an approved control body—the directors of the control body.","sortOrder":181},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":182},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":null,"content":"","sortOrder":183},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":null,"content":"","sortOrder":184},{"sectionNumber":"ch.2-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":185},{"sectionNumber":"ch.2-pt.4-div.4","sectionType":"division","heading":null,"content":"","sortOrder":186},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":187},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":188},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":189},{"sectionNumber":"ch.2-pt.5-div.2A","sectionType":"division","heading":null,"content":"","sortOrder":190},{"sectionNumber":"ch.2-pt.5-div.3","sectionType":"division","heading":null,"content":"","sortOrder":191},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":192},{"sectionNumber":"sec.100","sectionType":"section","heading":"Purpose of chapter","content":"### sec.100 Purpose of chapter\n\nThe main purpose of this chapter is to provide for the way a control body may perform its function of managing its code of racing.\nGenerally, the control body performs its function by—\nmaking policies about the management of its code of racing, including, for example, about its licensing schemes for controlling activities relating to clubs and venues and about the way in which races are to be held for its code of racing; and\nmaking rules of racing; and\ngiving directions to licensed clubs and ensuring compliance by taking disciplinary action relating to the licence of a club that does not comply with a direction.\nA control body’s policies ensure there is guidance for persons involved in the code of racing and transparent decision-making relating to matters dealt with by the policies.\ns 100 prev s 100 amd 2010 No. 22 s 17\nom 2012 No. 42 s 43\npres s 100 amd 2010 No. 22 s 13\nsub 2016 No. 12 s 346\n(sec.100-ssec.1) The main purpose of this chapter is to provide for the way a control body may perform its function of managing its code of racing.\n(sec.100-ssec.2) Generally, the control body performs its function by— making policies about the management of its code of racing, including, for example, about its licensing schemes for controlling activities relating to clubs and venues and about the way in which races are to be held for its code of racing; and making rules of racing; and giving directions to licensed clubs and ensuring compliance by taking disciplinary action relating to the licence of a club that does not comply with a direction.\n(sec.100-ssec.3) A control body’s policies ensure there is guidance for persons involved in the code of racing and transparent decision-making relating to matters dealt with by the policies.\n- (a) making policies about the management of its code of racing, including, for example, about its licensing schemes for controlling activities relating to clubs and venues and about the way in which races are to be held for its code of racing; and\n- (b) making rules of racing; and\n- (c) giving directions to licensed clubs and ensuring compliance by taking disciplinary action relating to the licence of a club that does not comply with a direction.","sortOrder":193},{"sectionNumber":"sec.101","sectionType":"section","heading":"Policies and rules of racing are statutory instruments","content":"### sec.101 Policies and rules of racing are statutory instruments\n\nThe policies and rules of racing made by a control body for its code of racing are statutory instruments within the meaning of the Statutory Instruments Act 1992 .","sortOrder":194},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Policies","content":"# Policies","sortOrder":195},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"General provisions about policies","content":"## General provisions about policies","sortOrder":196},{"sectionNumber":"sec.102","sectionType":"section","heading":"Policy for code of racing","content":"### sec.102 Policy for code of racing\n\nA control body may make a policy for a code of racing because—\nthe policy is required under this Act or a Ministerial direction; or\nthe control body believes it is good management to have the policy.\nThe control body must make a policy for a licensing scheme for its code of racing.\nA regulation may prescribe that a control body must make a policy for a particular matter and the provisions to be included in the policy for the matter.\ns 102 sub 2016 No. 12 s 347\n(sec.102-ssec.1) A control body may make a policy for a code of racing because— the policy is required under this Act or a Ministerial direction; or the control body believes it is good management to have the policy.\n(sec.102-ssec.2) The control body must make a policy for a licensing scheme for its code of racing.\n(sec.102-ssec.3) A regulation may prescribe that a control body must make a policy for a particular matter and the provisions to be included in the policy for the matter.\n- (a) the policy is required under this Act or a Ministerial direction; or\n- (b) the control body believes it is good management to have the policy.","sortOrder":197},{"sectionNumber":"sec.103","sectionType":"section","heading":"Form of each policy","content":"### sec.103 Form of each policy\n\nA policy must state the following—\nits name;\nthe date it is made by the control body;\nthe day it takes effect;\nits purpose;\nwho will be affected by it;\nhow the control body will make decisions about matters provided for by the policy;\nwhether or not rules of racing are to be made for the policy.\nA control body makes a policy when the policy is entered into the control body’s minutes as having been made by it.\nA policy can not take effect on a day that is earlier than the date the policy is made by the control body.\nIf a control body wishes to amend a policy, it must make a new policy.\n(sec.103-ssec.1) A policy must state the following— its name; the date it is made by the control body; the day it takes effect; its purpose; who will be affected by it; how the control body will make decisions about matters provided for by the policy; whether or not rules of racing are to be made for the policy.\n(sec.103-ssec.2) A control body makes a policy when the policy is entered into the control body’s minutes as having been made by it.\n(sec.103-ssec.3) A policy can not take effect on a day that is earlier than the date the policy is made by the control body.\n(sec.103-ssec.4) If a control body wishes to amend a policy, it must make a new policy.\n- (a) its name;\n- (b) the date it is made by the control body;\n- (c) the day it takes effect;\n- (d) its purpose;\n- (e) who will be affected by it;\n- (f) how the control body will make decisions about matters provided for by the policy;\n- (g) whether or not rules of racing are to be made for the policy.","sortOrder":198},{"sectionNumber":"sec.104","sectionType":"section","heading":"Availability of policies","content":"### sec.104 Availability of policies\n\nA control body must ensure that its policies are publicly available.\nWithout limiting subsection (1) , for each of its policies, the control body must—\ngive a copy of the policy to the chief executive within 14 days after it makes the policy; and\nmake the policy available for inspection, free of charge, at its business address during its ordinary office hours and on its website; and\ngive a copy of the policy to a person if the person asks for a copy.\nIf a control body charges for copies of its policies, the control body is not required under subsection (2) (c) to give a person a copy of the policy without charging the person.\n(sec.104-ssec.1) A control body must ensure that its policies are publicly available.\n(sec.104-ssec.2) Without limiting subsection (1) , for each of its policies, the control body must— give a copy of the policy to the chief executive within 14 days after it makes the policy; and make the policy available for inspection, free of charge, at its business address during its ordinary office hours and on its website; and give a copy of the policy to a person if the person asks for a copy.\n(sec.104-ssec.3) If a control body charges for copies of its policies, the control body is not required under subsection (2) (c) to give a person a copy of the policy without charging the person.\n- (a) give a copy of the policy to the chief executive within 14 days after it makes the policy; and\n- (b) make the policy available for inspection, free of charge, at its business address during its ordinary office hours and on its website; and\n- (c) give a copy of the policy to a person if the person asks for a copy.","sortOrder":199},{"sectionNumber":"sec.105","sectionType":"section","heading":"Application of policy","content":"### sec.105 Application of policy\n\nTo remove any doubt, it is declared that a policy may apply to a club or venue even though it was not licensed when the policy was made.\ns 105 amd 2016 No. 12 s 348","sortOrder":200},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Policy about licensing scheme","content":"## Policy about licensing scheme","sortOrder":201},{"sectionNumber":"sec.106","sectionType":"section","heading":"Purposes of control body’s licensing scheme","content":"### sec.106 Purposes of control body’s licensing scheme\n\nThe purposes of a control body’s licensing scheme for its code of racing are to ensure—\nthe integrity of licensed clubs; and\nthe suitability of venues to conduct racing activities for its code.\ns 106 amd 2016 No. 12 s 349\n- (a) the integrity of licensed clubs; and\n- (b) the suitability of venues to conduct racing activities for its code.","sortOrder":202},{"sectionNumber":"sec.107","sectionType":"section","heading":"Control body’s policy for a licensing scheme","content":"### sec.107 Control body’s policy for a licensing scheme\n\nIn developing the control body’s policy for its licensing scheme, the control body must consider the privileges and duties that are to attach to a licence it issues and other matters relevant to an effective licensing scheme.\nThe control body’s policy for its licensing scheme must provide for all of the following matters—\nthe licences the control body may issue for its code of racing, including identifying the activities for which a licence is required;\nthe way a licence may be applied for, having regard to section 108 ;\nthe criteria for each type of licence including appropriate qualifications for, and disqualifications from, obtaining the licence;\nthe way the control body will deal with an application for a licence, including the applicant’s right to make further representations relating to the application;\nthe grant, issue and form of a licence, including, for example, whether the licence is to include a photograph of the licensee;\ngiving an information notice for a decision relating to an application;\nthe duration of a licence, its renewal and the procedure for surrendering it;\nhow and when the suitability of licensed clubs and venues will be audited to decide if a licensed club or venue continues to be suitable to be licensed;\nthe grounds for taking disciplinary action relating to a licence in relation to matters dealt with in the control body’s rules of racing or as mentioned in subsection (5) ;\nwhen and how a licence may be immediately suspended in order to protect the safety of persons;\nhow disciplinary action relating to a licence, other than immediate suspension, must be taken including the following—\nthe procedure for giving a licence holder notice of the grounds for taking the disciplinary action;\nthe proposed action;\nthe way the licence holder may make representations about the proposed action;\nkeeping a register of licences and correcting the register;\nexhibiting and producing a licence;\nreplacing a lost licence;\nrequiring a licence holder to give the control body notice of—\na change of address; or\nif the licence holder is a corporation—a change to the corporation’s executive officers;\nappointing the control body’s officials, their functions and powers and issuing identity cards to them;\nserving notices on licence holders.\nWithout limiting subsection (1) , the control body’s policy for its licensing scheme may provide for the following matters—\nwhether an applicant for a licence should be required to give notice about the application by advertisement in a newspaper, in another publication or by a sign placed on land, because of the particular nature of the licence;\nwhether there should be provision for provisional or temporary licences;\nattaching conditions to the grant of a licence, including, for example, that the licence may allow access to the licence holder’s place of business.\nA control body’s policy for its licensing scheme about licensed clubs must provide that when auditing a licensed club, the control body must have regard to the following for a period stated in the policy—\nthe number of race meetings allotted to the licensed club;\nthe number of races held at each race meeting.\ns 107 amd 2012 No. 42 s 41 ; 2016 No. 12 s 350\n(sec.107-ssec.1) In developing the control body’s policy for its licensing scheme, the control body must consider the privileges and duties that are to attach to a licence it issues and other matters relevant to an effective licensing scheme.\n(sec.107-ssec.2) The control body’s policy for its licensing scheme must provide for all of the following matters— the licences the control body may issue for its code of racing, including identifying the activities for which a licence is required; the way a licence may be applied for, having regard to section 108 ; the criteria for each type of licence including appropriate qualifications for, and disqualifications from, obtaining the licence; the way the control body will deal with an application for a licence, including the applicant’s right to make further representations relating to the application; the grant, issue and form of a licence, including, for example, whether the licence is to include a photograph of the licensee; giving an information notice for a decision relating to an application; the duration of a licence, its renewal and the procedure for surrendering it; how and when the suitability of licensed clubs and venues will be audited to decide if a licensed club or venue continues to be suitable to be licensed; the grounds for taking disciplinary action relating to a licence in relation to matters dealt with in the control body’s rules of racing or as mentioned in subsection (5) ; when and how a licence may be immediately suspended in order to protect the safety of persons; how disciplinary action relating to a licence, other than immediate suspension, must be taken including the following— the procedure for giving a licence holder notice of the grounds for taking the disciplinary action; the proposed action; the way the licence holder may make representations about the proposed action; keeping a register of licences and correcting the register; exhibiting and producing a licence; replacing a lost licence; requiring a licence holder to give the control body notice of— a change of address; or if the licence holder is a corporation—a change to the corporation’s executive officers; appointing the control body’s officials, their functions and powers and issuing identity cards to them; serving notices on licence holders.\n(sec.107-ssec.3) Without limiting subsection (1) , the control body’s policy for its licensing scheme may provide for the following matters— whether an applicant for a licence should be required to give notice about the application by advertisement in a newspaper, in another publication or by a sign placed on land, because of the particular nature of the licence; whether there should be provision for provisional or temporary licences; attaching conditions to the grant of a licence, including, for example, that the licence may allow access to the licence holder’s place of business.\n(sec.107-ssec.4) A control body’s policy for its licensing scheme about licensed clubs must provide that when auditing a licensed club, the control body must have regard to the following for a period stated in the policy— the number of race meetings allotted to the licensed club; the number of races held at each race meeting.\n- (a) the licences the control body may issue for its code of racing, including identifying the activities for which a licence is required;\n- (b) the way a licence may be applied for, having regard to section 108 ;\n- (c) the criteria for each type of licence including appropriate qualifications for, and disqualifications from, obtaining the licence;\n- (d) the way the control body will deal with an application for a licence, including the applicant’s right to make further representations relating to the application;\n- (e) the grant, issue and form of a licence, including, for example, whether the licence is to include a photograph of the licensee;\n- (f) giving an information notice for a decision relating to an application;\n- (g) the duration of a licence, its renewal and the procedure for surrendering it;\n- (h) how and when the suitability of licensed clubs and venues will be audited to decide if a licensed club or venue continues to be suitable to be licensed;\n- (i) the grounds for taking disciplinary action relating to a licence in relation to matters dealt with in the control body’s rules of racing or as mentioned in subsection (5) ;\n- (j) when and how a licence may be immediately suspended in order to protect the safety of persons;\n- (k) how disciplinary action relating to a licence, other than immediate suspension, must be taken including the following— (i) the procedure for giving a licence holder notice of the grounds for taking the disciplinary action; (ii) the proposed action; (iii) the way the licence holder may make representations about the proposed action;\n- (i) the procedure for giving a licence holder notice of the grounds for taking the disciplinary action;\n- (ii) the proposed action;\n- (iii) the way the licence holder may make representations about the proposed action;\n- (l) keeping a register of licences and correcting the register;\n- (m) exhibiting and producing a licence;\n- (n) replacing a lost licence;\n- (o) requiring a licence holder to give the control body notice of— (i) a change of address; or (iii) if the licence holder is a corporation—a change to the corporation’s executive officers;\n- (i) a change of address; or\n- (iii) if the licence holder is a corporation—a change to the corporation’s executive officers;\n- (p) appointing the control body’s officials, their functions and powers and issuing identity cards to them;\n- (q) serving notices on licence holders.\n- (i) the procedure for giving a licence holder notice of the grounds for taking the disciplinary action;\n- (ii) the proposed action;\n- (iii) the way the licence holder may make representations about the proposed action;\n- (i) a change of address; or\n- (iii) if the licence holder is a corporation—a change to the corporation’s executive officers;\n- (a) whether an applicant for a licence should be required to give notice about the application by advertisement in a newspaper, in another publication or by a sign placed on land, because of the particular nature of the licence;\n- (b) whether there should be provision for provisional or temporary licences;\n- (c) attaching conditions to the grant of a licence, including, for example, that the licence may allow access to the licence holder’s place of business.\n- (a) the number of race meetings allotted to the licensed club;\n- (b) the number of races held at each race meeting.","sortOrder":203},{"sectionNumber":"sec.108","sectionType":"section","heading":"Application for licence","content":"### sec.108 Application for licence\n\nA control body’s policy for its licensing scheme must require a person who wishes to obtain a licence for a club or venue (the proposed licensee ) to apply for the licence in a control body form.\nTo the extent it is relevant to the application for the licence, the application must include all of the following—\nthe type of licence applied for;\nthe type of work or activity to be performed by the proposed licensee;\nparticulars of the proposed licensee;\nif the proposed licensee is an individual, appropriate training courses completed, or appropriate experience obtained, by the proposed licensee.\nAlso, a control body’s policy relating to the licensing of a club must provide for the following matters—\nfor the club’s application to be accompanied by a copy of a national police certificate for each executive officer of the applicant;\nthe application can not be granted if an executive officer of the applicant has a conviction for any of the following, other than a spent conviction—\nan offence against this Act, the Racing Integrity Act or the repealed Racing and Betting Act 1980 ;\nan indictable offence, or a summary offence that involved dishonesty, fraud, stealing or unlawful betting, under any other Act or repealed Act;\nan offence against a law of another State, that is prescribed by regulation as a law about animal welfare, racing or betting;\nan animal welfare offence;\nthe extent to which the control body must have regard to another conviction stated on the national police certificate other than a conviction mentioned in paragraph (b) ;\nafter auditing a licensed club, if the control body is not satisfied it is suitable to continue to be licensed, the control body must take disciplinary action relating to the licence.\nA control body’s policy for its licensing scheme may require an application for a licence for a venue to be accompanied by a copy of a national police certificate for—\nif the applicant is an individual—the individual; or\nif the applicant is a corporation—each executive officer of the corporation.\nIf a national police certificate is required under subsection (4) , the control body may consider all convictions stated in the national police certificate as relevant to the application for the licence.\ns 108 amd 2016 No. 12 s 351\n(sec.108-ssec.1) A control body’s policy for its licensing scheme must require a person who wishes to obtain a licence for a club or venue (the proposed licensee ) to apply for the licence in a control body form.\n(sec.108-ssec.2) To the extent it is relevant to the application for the licence, the application must include all of the following— the type of licence applied for; the type of work or activity to be performed by the proposed licensee; particulars of the proposed licensee; if the proposed licensee is an individual, appropriate training courses completed, or appropriate experience obtained, by the proposed licensee.\n(sec.108-ssec.3) Also, a control body’s policy relating to the licensing of a club must provide for the following matters— for the club’s application to be accompanied by a copy of a national police certificate for each executive officer of the applicant; the application can not be granted if an executive officer of the applicant has a conviction for any of the following, other than a spent conviction— an offence against this Act, the Racing Integrity Act or the repealed Racing and Betting Act 1980 ; an indictable offence, or a summary offence that involved dishonesty, fraud, stealing or unlawful betting, under any other Act or repealed Act; an offence against a law of another State, that is prescribed by regulation as a law about animal welfare, racing or betting; an animal welfare offence; the extent to which the control body must have regard to another conviction stated on the national police certificate other than a conviction mentioned in paragraph (b) ; after auditing a licensed club, if the control body is not satisfied it is suitable to continue to be licensed, the control body must take disciplinary action relating to the licence.\n(sec.108-ssec.4) A control body’s policy for its licensing scheme may require an application for a licence for a venue to be accompanied by a copy of a national police certificate for— if the applicant is an individual—the individual; or if the applicant is a corporation—each executive officer of the corporation.\n(sec.108-ssec.5) If a national police certificate is required under subsection (4) , the control body may consider all convictions stated in the national police certificate as relevant to the application for the licence.\n- (a) the type of licence applied for;\n- (b) the type of work or activity to be performed by the proposed licensee;\n- (c) particulars of the proposed licensee;\n- (d) if the proposed licensee is an individual, appropriate training courses completed, or appropriate experience obtained, by the proposed licensee.\n- (a) for the club’s application to be accompanied by a copy of a national police certificate for each executive officer of the applicant;\n- (b) the application can not be granted if an executive officer of the applicant has a conviction for any of the following, other than a spent conviction— (i) an offence against this Act, the Racing Integrity Act or the repealed Racing and Betting Act 1980 ; (ii) an indictable offence, or a summary offence that involved dishonesty, fraud, stealing or unlawful betting, under any other Act or repealed Act; (iii) an offence against a law of another State, that is prescribed by regulation as a law about animal welfare, racing or betting; (iv) an animal welfare offence;\n- (i) an offence against this Act, the Racing Integrity Act or the repealed Racing and Betting Act 1980 ;\n- (ii) an indictable offence, or a summary offence that involved dishonesty, fraud, stealing or unlawful betting, under any other Act or repealed Act;\n- (iii) an offence against a law of another State, that is prescribed by regulation as a law about animal welfare, racing or betting;\n- (iv) an animal welfare offence;\n- (c) the extent to which the control body must have regard to another conviction stated on the national police certificate other than a conviction mentioned in paragraph (b) ;\n- (d) after auditing a licensed club, if the control body is not satisfied it is suitable to continue to be licensed, the control body must take disciplinary action relating to the licence.\n- (i) an offence against this Act, the Racing Integrity Act or the repealed Racing and Betting Act 1980 ;\n- (ii) an indictable offence, or a summary offence that involved dishonesty, fraud, stealing or unlawful betting, under any other Act or repealed Act;\n- (iii) an offence against a law of another State, that is prescribed by regulation as a law about animal welfare, racing or betting;\n- (iv) an animal welfare offence;\n- (a) if the applicant is an individual—the individual; or\n- (b) if the applicant is a corporation—each executive officer of the corporation.","sortOrder":204},{"sectionNumber":"sec.109","sectionType":"section","heading":"Licences may not be transferred","content":"### sec.109 Licences may not be transferred\n\nA control body’s policy for a licensing scheme must not allow a person licensed by the control body to transfer the licence to another person.","sortOrder":205},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Other matters about policies","content":"## Other matters about policies","sortOrder":206},{"sectionNumber":"sec.110","sectionType":"section","heading":"Same venue may be licensed by control bodies","content":"### sec.110 Same venue may be licensed by control bodies\n\nThis Act does not prevent a venue licensed by a control body for its code of racing being licensed by another control body for its code of racing.\nA control body must not prevent a venue licensed by it for its code of racing being licensed by another control body.\ns 110 amd 2016 No. 12 s 352\n(sec.110-ssec.1) This Act does not prevent a venue licensed by a control body for its code of racing being licensed by another control body for its code of racing.\n(sec.110-ssec.2) A control body must not prevent a venue licensed by it for its code of racing being licensed by another control body.","sortOrder":207},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Rules of racing","content":"# Rules of racing","sortOrder":208},{"sectionNumber":"sec.111","sectionType":"section","heading":"Obligation to have rules of racing for code of racing","content":"### sec.111 Obligation to have rules of racing for code of racing\n\nA control body must have rules of racing for the good management of each of its codes of racing.\nRules of racing must be made in accordance with section 112 .\ns 111 amd 2010 No. 22 s 15\nsub 2016 No. 12 s 353\n(sec.111-ssec.1) A control body must have rules of racing for the good management of each of its codes of racing.\n(sec.111-ssec.2) Rules of racing must be made in accordance with section 112 .","sortOrder":209},{"sectionNumber":"sec.112","sectionType":"section","heading":"Process and other matters relating to making rules of racing","content":"### sec.112 Process and other matters relating to making rules of racing\n\nBefore a control body may make rules of racing, the control body must prepare a draft of the rules (the draft rules ).\nThe draft rules must be given to the chief executive and the commission with a request for comments about the draft rules by a day stated in the request (the stated day ).\nThe stated day must be at least 28 days or more after the day of the request unless—\nthe control body is satisfied that, because of exceptional circumstances, it is necessary to make the rules of racing before 28 days after the day of the request; and\nthe request states—\nthe exceptional circumstances; and\na stated day for making comments that is earlier than the 28 days and the earlier day is reasonable given the stated exceptional circumstances.\nIf the chief executive or the commission gives the control body comments about the draft rules, the control body must reach agreement with the chief executive and the commission about the way in which the draft rules are to be changed.\nThe control body may make the rules of racing—\nif there are no comments—after the stated day; or\notherwise—after agreement is reached as mentioned in subsection (4) .\ns 112 prev s 112 om 2010 No. 22 s 16\npres s 112 ins 2016 No. 12 s 353\n(sec.112-ssec.1) Before a control body may make rules of racing, the control body must prepare a draft of the rules (the draft rules ).\n(sec.112-ssec.2) The draft rules must be given to the chief executive and the commission with a request for comments about the draft rules by a day stated in the request (the stated day ).\n(sec.112-ssec.3) The stated day must be at least 28 days or more after the day of the request unless— the control body is satisfied that, because of exceptional circumstances, it is necessary to make the rules of racing before 28 days after the day of the request; and the request states— the exceptional circumstances; and a stated day for making comments that is earlier than the 28 days and the earlier day is reasonable given the stated exceptional circumstances.\n(sec.112-ssec.4) If the chief executive or the commission gives the control body comments about the draft rules, the control body must reach agreement with the chief executive and the commission about the way in which the draft rules are to be changed.\n(sec.112-ssec.5) The control body may make the rules of racing— if there are no comments—after the stated day; or otherwise—after agreement is reached as mentioned in subsection (4) .\n- (a) the control body is satisfied that, because of exceptional circumstances, it is necessary to make the rules of racing before 28 days after the day of the request; and\n- (b) the request states— (i) the exceptional circumstances; and (ii) a stated day for making comments that is earlier than the 28 days and the earlier day is reasonable given the stated exceptional circumstances.\n- (i) the exceptional circumstances; and\n- (ii) a stated day for making comments that is earlier than the 28 days and the earlier day is reasonable given the stated exceptional circumstances.\n- (i) the exceptional circumstances; and\n- (ii) a stated day for making comments that is earlier than the 28 days and the earlier day is reasonable given the stated exceptional circumstances.\n- (a) if there are no comments—after the stated day; or\n- (b) otherwise—after agreement is reached as mentioned in subsection (4) .","sortOrder":210},{"sectionNumber":"sec.113","sectionType":"section","heading":"Requirement relating to rules of racing","content":"### sec.113 Requirement relating to rules of racing\n\nIn making rules of racing, a control body must have regard to whether the rules have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992 , section 4 (3) .\nFailure to comply with subsection (1) does not affect the validity of the rules.\nIf there is an inconsistency between any of the following (each an instrument) and a control body’s rules of racing, the instrument prevails to the extent of the inconsistency—\nthis Act;\nthe Racing Integrity Act ;\na policy of the control body;\nif the commission has a standard about a matter to which the rules of racing relate—the standard.\ns 113 prev s 113 om 2010 No. 22 s 16\npres s 113 ins 2016 No. 12 s 353\n(sec.113-ssec.1) In making rules of racing, a control body must have regard to whether the rules have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992 , section 4 (3) .\n(sec.113-ssec.2) Failure to comply with subsection (1) does not affect the validity of the rules.\n(sec.113-ssec.3) If there is an inconsistency between any of the following (each an instrument) and a control body’s rules of racing, the instrument prevails to the extent of the inconsistency— this Act; the Racing Integrity Act ; a policy of the control body; if the commission has a standard about a matter to which the rules of racing relate—the standard.\n- (a) this Act;\n- (b) the Racing Integrity Act ;\n- (c) a policy of the control body;\n- (d) if the commission has a standard about a matter to which the rules of racing relate—the standard.","sortOrder":211},{"sectionNumber":"sec.113A","sectionType":"section","heading":"Application of rules of racing","content":"### sec.113A Application of rules of racing\n\nIn applying the rules of racing for a code of racing, if a rule provides for an entity to perform a function that is a function of the commission, or take action in a matter relevant to the performance of a function of the commission, the commission and not the entity may perform the function or take the action, including—\nappointing stewards; and\npenalising participants.\nSee section 10 of the Racing Integrity Act 2016 .\nappointing starters and judges, regulating matters relating to breeding, issuing warning off notices, licensing bookmakers, prohibiting substances and licensing animals\nWithout limiting subsection (1) , in applying the rules of racing for a code of racing, a reference to the ‘Principal Racing Authority’, ‘control body’, ‘controlling body’ or ‘Racing Queensland’ in a rule about a matter relevant to the performance of a function of the commission is taken to be a reference to the commission.\ns 113A ins 2020 No. 3 s 124\n(sec.113A-ssec.1) In applying the rules of racing for a code of racing, if a rule provides for an entity to perform a function that is a function of the commission, or take action in a matter relevant to the performance of a function of the commission, the commission and not the entity may perform the function or take the action, including— appointing stewards; and penalising participants. See section 10 of the Racing Integrity Act 2016 . appointing starters and judges, regulating matters relating to breeding, issuing warning off notices, licensing bookmakers, prohibiting substances and licensing animals\n(sec.113A-ssec.2) Without limiting subsection (1) , in applying the rules of racing for a code of racing, a reference to the ‘Principal Racing Authority’, ‘control body’, ‘controlling body’ or ‘Racing Queensland’ in a rule about a matter relevant to the performance of a function of the commission is taken to be a reference to the commission.\n- (a) appointing stewards; and\n- (b) penalising participants.","sortOrder":212},{"sectionNumber":"sec.113AL","sectionType":"section","heading":null,"content":"### Section sec.113AL\n\ns 113AL ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":213},{"sectionNumber":"sec.113AM","sectionType":"section","heading":null,"content":"### Section sec.113AM\n\ns 113AM ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":214},{"sectionNumber":"sec.113AN","sectionType":"section","heading":null,"content":"### Section sec.113AN\n\ns 113AN ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":215},{"sectionNumber":"sec.113AO","sectionType":"section","heading":null,"content":"### Section sec.113AO\n\ns 113AO ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":216},{"sectionNumber":"sec.113AP","sectionType":"section","heading":null,"content":"### Section sec.113AP\n\ns 113AP ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":217},{"sectionNumber":"sec.113AQ","sectionType":"section","heading":null,"content":"### Section sec.113AQ\n\ns 113AQ ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":218},{"sectionNumber":"sec.113AR","sectionType":"section","heading":null,"content":"### Section sec.113AR\n\ns 113AR ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":219},{"sectionNumber":"sec.113AS","sectionType":"section","heading":null,"content":"### Section sec.113AS\n\ns 113AS ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":220},{"sectionNumber":"sec.113AT","sectionType":"section","heading":null,"content":"### Section sec.113AT\n\ns 113AT ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":221},{"sectionNumber":"sec.113AU","sectionType":"section","heading":null,"content":"### Section sec.113AU\n\ns 113AU ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":222},{"sectionNumber":"sec.113AV","sectionType":"section","heading":null,"content":"### Section sec.113AV\n\ns 113AV ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":223},{"sectionNumber":"sec.113AW","sectionType":"section","heading":null,"content":"### Section sec.113AW\n\ns 113AW ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":224},{"sectionNumber":"sec.113AX","sectionType":"section","heading":null,"content":"### Section sec.113AX\n\ns 113AX ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":225},{"sectionNumber":"sec.113AY","sectionType":"section","heading":null,"content":"### Section sec.113AY\n\ns 113AY ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":226},{"sectionNumber":"sec.113AZ","sectionType":"section","heading":null,"content":"### Section sec.113AZ\n\ns 113AZ ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":227},{"sectionNumber":"sec.113BA","sectionType":"section","heading":null,"content":"### Section sec.113BA\n\ns 113BA ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":228},{"sectionNumber":"sec.113BB","sectionType":"section","heading":null,"content":"### Section sec.113BB\n\ns 113BB ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":229},{"sectionNumber":"sec.113BC","sectionType":"section","heading":null,"content":"### Section sec.113BC\n\ns 113BC ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":230},{"sectionNumber":"sec.113BD","sectionType":"section","heading":null,"content":"### Section sec.113BD\n\ns 113BD ins 2012 No. 42 s 46\nom 2016 No. 12 s 363","sortOrder":231},{"sectionNumber":"sec.114","sectionType":"section","heading":"Availability of rules of racing","content":"### sec.114 Availability of rules of racing\n\nA control body for a code of racing must ensure its rules of racing for the code are publicly available, including on its website.\nWithout limiting subsection (1) , the control body must—\ngive a copy of the rules to the chief executive and the commission, free of charge, within 14 days after the control body makes the rules; and\nmake its rules available for inspection, free of charge, at its business address during its ordinary office hours; and\ngive a copy of its rules to a person if the person asks for a copy.\nIf a control body charges for copies of its rules, the control body is not required under subsection (2) (c) to give a person a copy without charging the person.\ns 114 sub 2016 No. 12 s 353\n(sec.114-ssec.1) A control body for a code of racing must ensure its rules of racing for the code are publicly available, including on its website.\n(sec.114-ssec.2) Without limiting subsection (1) , the control body must— give a copy of the rules to the chief executive and the commission, free of charge, within 14 days after the control body makes the rules; and make its rules available for inspection, free of charge, at its business address during its ordinary office hours; and give a copy of its rules to a person if the person asks for a copy.\n(sec.114-ssec.3) If a control body charges for copies of its rules, the control body is not required under subsection (2) (c) to give a person a copy without charging the person.\n- (a) give a copy of the rules to the chief executive and the commission, free of charge, within 14 days after the control body makes the rules; and\n- (b) make its rules available for inspection, free of charge, at its business address during its ordinary office hours; and\n- (c) give a copy of its rules to a person if the person asks for a copy.","sortOrder":232},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Control bodies may take certain action against licensed clubs","content":"# Control bodies may take certain action against licensed clubs","sortOrder":233},{"sectionNumber":"sec.115","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.115 Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling a licensed club’s licence—\nthe club is not complying, or has not complied, with a control body direction given to the club;\na ground that another provision of this Act states is a ground for suspending or cancelling a licensed club’s licence;\nSee section 123 .\nfor a non-proprietary club—the club contravened section 128 or 129 .\nSubsection (1) (c) applies whether there is or was a prosecution relating to the contravention of section 128 .\nSubsection (1) does not limit the grounds that, under the control body’s rules of racing about disciplinary action, may be grounds for taking disciplinary action relating to a licensed club’s licence.\ns 115 amd 2012 No. 42 s 75 sch\n(sec.115-ssec.1) Each of the following is a ground for suspending or cancelling a licensed club’s licence— the club is not complying, or has not complied, with a control body direction given to the club; a ground that another provision of this Act states is a ground for suspending or cancelling a licensed club’s licence; See section 123 . for a non-proprietary club—the club contravened section 128 or 129 .\n(sec.115-ssec.2) Subsection (1) (c) applies whether there is or was a prosecution relating to the contravention of section 128 .\n(sec.115-ssec.3) Subsection (1) does not limit the grounds that, under the control body’s rules of racing about disciplinary action, may be grounds for taking disciplinary action relating to a licensed club’s licence.\n- (a) the club is not complying, or has not complied, with a control body direction given to the club;\n- (b) a ground that another provision of this Act states is a ground for suspending or cancelling a licensed club’s licence; Note— See section 123 .\n- (c) for a non-proprietary club—the club contravened section 128 or 129 .","sortOrder":234},{"sectionNumber":"sec.116","sectionType":"section","heading":"Show cause notice","content":"### sec.116 Show cause notice\n\nIf a control body believes a ground exists to cancel or suspend a licensed club’s licence as mentioned in section 115 (1) , the control body must, subject to section 119 (1) (a) , give the club a notice (a show cause notice ).\nThe show cause notice must state the following—\nthe action the control body proposes taking under this part (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is to suspend the licence, the proposed suspension period;\nan invitation to the club to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 28 days after the day the show cause notice is given to the club.\n(sec.116-ssec.1) If a control body believes a ground exists to cancel or suspend a licensed club’s licence as mentioned in section 115 (1) , the control body must, subject to section 119 (1) (a) , give the club a notice (a show cause notice ).\n(sec.116-ssec.2) The show cause notice must state the following— the action the control body proposes taking under this part (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is to suspend the licence, the proposed suspension period; an invitation to the club to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.116-ssec.3) The show cause period must be a period ending at least 28 days after the day the show cause notice is given to the club.\n- (a) the action the control body proposes taking under this part (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is to suspend the licence, the proposed suspension period;\n- (e) an invitation to the club to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":235},{"sectionNumber":"sec.117","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.117 Representations about show cause notice\n\nThe licensed club may make written representations about the show cause notice to the control body in the show cause period.\nThe control body must consider all written representations (the accepted representations ) made under subsection (1) .\n(sec.117-ssec.1) The licensed club may make written representations about the show cause notice to the control body in the show cause period.\n(sec.117-ssec.2) The control body must consider all written representations (the accepted representations ) made under subsection (1) .","sortOrder":236},{"sectionNumber":"sec.118","sectionType":"section","heading":"Immediate suspension of licensed club’s licence","content":"### sec.118 Immediate suspension of licensed club’s licence\n\nThe control body may suspend the licensed club’s licence immediately if the control body believes—\na ground exists to suspend or cancel the licence; and\nthe circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure—\nthe public interest is not affected in an adverse and material way; or\nthe conduct of racing by the club is not jeopardised in a material way.\nThe suspension—\ncan be effected only by the control body giving the club an information notice, together with a show cause notice; and\noperates immediately the notice is given to the club; and\ncontinues to operate until the show cause notice is finally dealt with.\n(sec.118-ssec.1) The control body may suspend the licensed club’s licence immediately if the control body believes— a ground exists to suspend or cancel the licence; and the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure— the public interest is not affected in an adverse and material way; or the conduct of racing by the club is not jeopardised in a material way.\n(sec.118-ssec.2) The suspension— can be effected only by the control body giving the club an information notice, together with a show cause notice; and operates immediately the notice is given to the club; and continues to operate until the show cause notice is finally dealt with.\n- (a) a ground exists to suspend or cancel the licence; and\n- (b) the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure— (i) the public interest is not affected in an adverse and material way; or (ii) the conduct of racing by the club is not jeopardised in a material way.\n- (i) the public interest is not affected in an adverse and material way; or\n- (ii) the conduct of racing by the club is not jeopardised in a material way.\n- (i) the public interest is not affected in an adverse and material way; or\n- (ii) the conduct of racing by the club is not jeopardised in a material way.\n- (a) can be effected only by the control body giving the club an information notice, together with a show cause notice; and\n- (b) operates immediately the notice is given to the club; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":237},{"sectionNumber":"sec.119","sectionType":"section","heading":"Censuring licensed club","content":"### sec.119 Censuring licensed club\n\nThe control body may censure a licensed club if the control body—\nbelieves a ground exists to suspend or cancel the club’s licence but does not believe that giving a show cause notice to the club is warranted; or\nafter considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licensed club’s licence but does not believe its suspension or cancellation is warranted.\nThe censure can be effected only by the control body giving the club an information notice about the control body’s decision to censure it.\n(sec.119-ssec.1) The control body may censure a licensed club if the control body— believes a ground exists to suspend or cancel the club’s licence but does not believe that giving a show cause notice to the club is warranted; or after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licensed club’s licence but does not believe its suspension or cancellation is warranted.\n(sec.119-ssec.2) The censure can be effected only by the control body giving the club an information notice about the control body’s decision to censure it.\n- (a) believes a ground exists to suspend or cancel the club’s licence but does not believe that giving a show cause notice to the club is warranted; or\n- (b) after considering the accepted representations for a show cause notice, still believes a ground exists to suspend or cancel the licensed club’s licence but does not believe its suspension or cancellation is warranted.","sortOrder":238},{"sectionNumber":"sec.120","sectionType":"section","heading":"Direction to licensed club to rectify matter","content":"### sec.120 Direction to licensed club to rectify matter\n\nThis section applies if, after considering the accepted representations for a show cause notice, the control body—\nstill believes a ground exists to suspend or cancel the licensed club’s licence; and\nbelieves a matter relating to the ground to suspend or cancel the licence is capable of being rectified and it is appropriate to give the club an opportunity to rectify the matter.\nThe control body may direct the club to rectify the matter.\nThe direction can be effected only by the control body giving the club an information notice about the control body’s decision to give the direction to it, including the period for rectifying the matter.\nThe period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified.\nA licensed club must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse.\nMaximum penalty—400 penalty units.\nThe licensed club can not be prosecuted, or have its licence suspended or cancelled, for the ground giving rise to the information notice unless the club—\nfails to comply with the notice within the period stated in the notice as the period for rectifying the matter; and\ndoes not have a reasonable excuse for failing to comply with the notice.\nA control body’s power to give a direction to a licensed club under another provision of this Act is not limited by the control body’s power to give a direction under this section.\n(sec.120-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the control body— still believes a ground exists to suspend or cancel the licensed club’s licence; and believes a matter relating to the ground to suspend or cancel the licence is capable of being rectified and it is appropriate to give the club an opportunity to rectify the matter.\n(sec.120-ssec.2) The control body may direct the club to rectify the matter.\n(sec.120-ssec.3) The direction can be effected only by the control body giving the club an information notice about the control body’s decision to give the direction to it, including the period for rectifying the matter.\n(sec.120-ssec.4) The period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified.\n(sec.120-ssec.5) A licensed club must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse. Maximum penalty—400 penalty units.\n(sec.120-ssec.6) The licensed club can not be prosecuted, or have its licence suspended or cancelled, for the ground giving rise to the information notice unless the club— fails to comply with the notice within the period stated in the notice as the period for rectifying the matter; and does not have a reasonable excuse for failing to comply with the notice.\n(sec.120-ssec.7) A control body’s power to give a direction to a licensed club under another provision of this Act is not limited by the control body’s power to give a direction under this section.\n- (a) still believes a ground exists to suspend or cancel the licensed club’s licence; and\n- (b) believes a matter relating to the ground to suspend or cancel the licence is capable of being rectified and it is appropriate to give the club an opportunity to rectify the matter.\n- (a) fails to comply with the notice within the period stated in the notice as the period for rectifying the matter; and\n- (b) does not have a reasonable excuse for failing to comply with the notice.","sortOrder":239},{"sectionNumber":"sec.121","sectionType":"section","heading":"Suspension or cancellation","content":"### sec.121 Suspension or cancellation\n\nSubject to section 120 (6) , this section applies if—\nthere are no accepted representations for a show cause notice; or\nafter considering the accepted representations for the show cause notice, the control body still believes the ground exists to cancel or suspend the licensed club’s licence.\nThe control body may—\nif the proposed action was to suspend the licence—suspend the licence for a period not longer than the proposed suspension period; or\nif the proposed action was to cancel the licence—\ncancel the licence; or\nsuspend the licence for a period.\nIf the control body decides to take action under subsection (2) , the control body must immediately give the licensed club an information notice about the decision.\nIf the control body’s decision is that the licence is cancelled or suspended, the information notice must include a direction to the club to return the licence to the control body, within 14 days of receiving the notice, for relevant action by the control body.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the licensed club;\nthe day of effect stated in the information notice.\ns 121 prev s 121 om 2016 No. 12 s 363\n(sec.121-ssec.1) Subject to section 120 (6) , this section applies if— there are no accepted representations for a show cause notice; or after considering the accepted representations for the show cause notice, the control body still believes the ground exists to cancel or suspend the licensed club’s licence.\n(sec.121-ssec.2) The control body may— if the proposed action was to suspend the licence—suspend the licence for a period not longer than the proposed suspension period; or if the proposed action was to cancel the licence— cancel the licence; or suspend the licence for a period.\n(sec.121-ssec.3) If the control body decides to take action under subsection (2) , the control body must immediately give the licensed club an information notice about the decision.\n(sec.121-ssec.4) If the control body’s decision is that the licence is cancelled or suspended, the information notice must include a direction to the club to return the licence to the control body, within 14 days of receiving the notice, for relevant action by the control body.\n(sec.121-ssec.5) The decision takes effect on the later of the following— the day the information notice is given to the licensed club; the day of effect stated in the information notice.\n- (a) there are no accepted representations for a show cause notice; or\n- (b) after considering the accepted representations for the show cause notice, the control body still believes the ground exists to cancel or suspend the licensed club’s licence.\n- (a) if the proposed action was to suspend the licence—suspend the licence for a period not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the licence— (i) cancel the licence; or (ii) suspend the licence for a period.\n- (i) cancel the licence; or\n- (ii) suspend the licence for a period.\n- (i) cancel the licence; or\n- (ii) suspend the licence for a period.\n- (a) the day the information notice is given to the licensed club;\n- (b) the day of effect stated in the information notice.","sortOrder":240},{"sectionNumber":"sec.122","sectionType":"section","heading":"Notice of decision","content":"### sec.122 Notice of decision\n\nThis section applies if a control body decides to—\ncancel or suspend a licensed club’s licence under section 115 or 118 ; or\ncensure a licensed club under section 119 ; or\ndirect a licensed club to rectify a matter under section 120 .\nThe control body must give the commission notice of the decision.\ns 122 prev s 122 om 2016 No. 12 s 363\npres s 122 ins 2016 No. 12 s 354\n(sec.122-ssec.1) This section applies if a control body decides to— cancel or suspend a licensed club’s licence under section 115 or 118 ; or censure a licensed club under section 119 ; or direct a licensed club to rectify a matter under section 120 .\n(sec.122-ssec.2) The control body must give the commission notice of the decision.\n- (a) cancel or suspend a licensed club’s licence under section 115 or 118 ; or\n- (b) censure a licensed club under section 119 ; or\n- (c) direct a licensed club to rectify a matter under section 120 .","sortOrder":241},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Provisions applying to licensed clubs","content":"# Provisions applying to licensed clubs","sortOrder":242},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Contravention of this part constitutes a ground for suspending or cancelling a licensed club’s licence","content":"## Contravention of this part constitutes a ground for suspending or cancelling a licensed club’s licence","sortOrder":243},{"sectionNumber":"sec.123","sectionType":"section","heading":"Contravention by licensed club constitutes a ground for disciplinary action","content":"### sec.123 Contravention by licensed club constitutes a ground for disciplinary action\n\nIf a licensed club contravenes a provision of this part, the contravention constitutes a ground for suspending or cancelling the licensed club’s licence.\nFor subsection (1) , it is immaterial whether the licensed club is prosecuted for an offence constituted by the contravention.\nThis part does not limit the matters that a control body’s policy about its licensing scheme may provide is a ground for disciplinary action relating to the licence of a club.\ns 123 prev s 123 om 2016 No. 12 s 363\n(sec.123-ssec.1) If a licensed club contravenes a provision of this part, the contravention constitutes a ground for suspending or cancelling the licensed club’s licence.\n(sec.123-ssec.2) For subsection (1) , it is immaterial whether the licensed club is prosecuted for an offence constituted by the contravention.\n(sec.123-ssec.3) This part does not limit the matters that a control body’s policy about its licensing scheme may provide is a ground for disciplinary action relating to the licence of a club.","sortOrder":244},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Race meetings","content":"## Race meetings","sortOrder":245},{"sectionNumber":"sec.124","sectionType":"section","heading":"Licensed club to hold race and betting meeting at licensed venue","content":"### sec.124 Licensed club to hold race and betting meeting at licensed venue\n\nA licensed club must not hold a contest, contingency or event in which 2 or more animals compete against each other for the purpose of providing a contest, contingency or event on which bets may be made unless—\nthe contest, contingency or event is held at a licensed venue of the licensed club; and\nthe control body that licensed the club and venue is managing the venue at the time; and\nthe commission is exercising control at the venue at the time.\nMaximum penalty—200 penalty units.\nA licensed club must not hold a meeting at which betting is carried on and at which a race is not held unless—\nthe meeting is held at a licensed venue of the licensed club; and\nthe control body that licensed the club and venue is managing the venue at the time; and\nthe commission is exercising control at the venue at the time.\nMaximum penalty—200 penalty units.\ns 124 prev s 124 om 2016 No. 12 s 363\npres s 124 sub 2016 No. 12 s 355\n(sec.124-ssec.1) A licensed club must not hold a contest, contingency or event in which 2 or more animals compete against each other for the purpose of providing a contest, contingency or event on which bets may be made unless— the contest, contingency or event is held at a licensed venue of the licensed club; and the control body that licensed the club and venue is managing the venue at the time; and the commission is exercising control at the venue at the time. Maximum penalty—200 penalty units.\n(sec.124-ssec.2) A licensed club must not hold a meeting at which betting is carried on and at which a race is not held unless— the meeting is held at a licensed venue of the licensed club; and the control body that licensed the club and venue is managing the venue at the time; and the commission is exercising control at the venue at the time. Maximum penalty—200 penalty units.\n- (a) the contest, contingency or event is held at a licensed venue of the licensed club; and\n- (b) the control body that licensed the club and venue is managing the venue at the time; and\n- (c) the commission is exercising control at the venue at the time.\n- (a) the meeting is held at a licensed venue of the licensed club; and\n- (b) the control body that licensed the club and venue is managing the venue at the time; and\n- (c) the commission is exercising control at the venue at the time.","sortOrder":246},{"sectionNumber":"ch.3-pt.5-div.3","sectionType":"division","heading":"Audited accounts of licensed clubs and related matters","content":"## Audited accounts of licensed clubs and related matters","sortOrder":247},{"sectionNumber":"sec.125","sectionType":"section","heading":"Licensed club to give audited accounts to control body","content":"### sec.125 Licensed club to give audited accounts to control body\n\nWithin 3 months after the end of each financial year, the responsible entity for a licensed club for the financial year must give the club statements for the financial year, that have been signed by the club’s auditors, to the control body for the code of racing in relation to which the club was licensed.\nThe statements must be in the control body form.\nIf the club was a non-proprietary club during the financial year, the control body form must provide for statements about the following—\nthe club’s income and expenditure, on an accrual basis;\nparticulars of each amount paid by the club for a charitable, benevolent, patriotic or special purpose approved by the control body;\nparticulars of other payments or expenditure made by the club of the type mentioned in section 128 (3) ;\nits assets and liabilities as at the end of the financial year.\nIf the club was other than a non-proprietary club during the financial year, the control body form must provide for statements about the following—\nthe club’s income and expenditure, on an accrual basis;\nits assets and liabilities as at the end of the financial year.\nIn this section—\nresponsible entity , for a licensed club for a financial year, means—\nif the corporation that was a licensed club during the financial year continues to be a licensed club—the licensed club; or\nif the corporation that was a licensed club during the financial year is no longer licensed as a licensed club but the corporation continues to exist—the corporation; or\nif the corporation that was a licensed club during the financial year is no longer licensed as a licensed club and the corporation no longer exists—each of the persons who was an executive officer of the corporation immediately before the licence ended.\ns 125 prev s 125 om 2016 No. 12 s 363\npres s 125 amd 2016 No. 12 s 356\n(sec.125-ssec.1) Within 3 months after the end of each financial year, the responsible entity for a licensed club for the financial year must give the club statements for the financial year, that have been signed by the club’s auditors, to the control body for the code of racing in relation to which the club was licensed.\n(sec.125-ssec.2) The statements must be in the control body form.\n(sec.125-ssec.3) If the club was a non-proprietary club during the financial year, the control body form must provide for statements about the following— the club’s income and expenditure, on an accrual basis; particulars of each amount paid by the club for a charitable, benevolent, patriotic or special purpose approved by the control body; particulars of other payments or expenditure made by the club of the type mentioned in section 128 (3) ; its assets and liabilities as at the end of the financial year.\n(sec.125-ssec.4) If the club was other than a non-proprietary club during the financial year, the control body form must provide for statements about the following— the club’s income and expenditure, on an accrual basis; its assets and liabilities as at the end of the financial year.\n(sec.125-ssec.5) In this section— responsible entity , for a licensed club for a financial year, means— if the corporation that was a licensed club during the financial year continues to be a licensed club—the licensed club; or if the corporation that was a licensed club during the financial year is no longer licensed as a licensed club but the corporation continues to exist—the corporation; or if the corporation that was a licensed club during the financial year is no longer licensed as a licensed club and the corporation no longer exists—each of the persons who was an executive officer of the corporation immediately before the licence ended.\n- (a) the club’s income and expenditure, on an accrual basis;\n- (b) particulars of each amount paid by the club for a charitable, benevolent, patriotic or special purpose approved by the control body;\n- (c) particulars of other payments or expenditure made by the club of the type mentioned in section 128 (3) ;\n- (d) its assets and liabilities as at the end of the financial year.\n- (a) the club’s income and expenditure, on an accrual basis;\n- (b) its assets and liabilities as at the end of the financial year.\n- (a) if the corporation that was a licensed club during the financial year continues to be a licensed club—the licensed club; or\n- (b) if the corporation that was a licensed club during the financial year is no longer licensed as a licensed club but the corporation continues to exist—the corporation; or\n- (c) if the corporation that was a licensed club during the financial year is no longer licensed as a licensed club and the corporation no longer exists—each of the persons who was an executive officer of the corporation immediately before the licence ended.","sortOrder":248},{"sectionNumber":"sec.126","sectionType":"section","heading":"Control body to report to Minister about licensed club","content":"### sec.126 Control body to report to Minister about licensed club\n\nWithin 6 months after the end of each financial year, a control body must report to the Minister about—\nwhether each licensed club that should have given the club’s audited financial information for the financial year to the control body, as required by section 125 , has done so; and\nany issues that have arisen following the control body’s assessment of the financial information; and\nany information relating to the actions taken by the licensed club, or control body directions to the club, to rectify the identified issues; and\nany other matter prescribed by regulation.\ns 126 prev s 126 om 2016 No. 12 s 363\npres s 126 ins 2016 No. 12 s 357\n- (a) whether each licensed club that should have given the club’s audited financial information for the financial year to the control body, as required by section 125 , has done so; and\n- (b) any issues that have arisen following the control body’s assessment of the financial information; and\n- (c) any information relating to the actions taken by the licensed club, or control body directions to the club, to rectify the identified issues; and\n- (d) any other matter prescribed by regulation.","sortOrder":249},{"sectionNumber":"ch.3-pt.5-div.4","sectionType":"division","heading":"Provisions for licensed clubs that are non-proprietary entities","content":"## Provisions for licensed clubs that are non-proprietary entities","sortOrder":250},{"sectionNumber":"sec.127","sectionType":"section","heading":"Definitions for division","content":"### sec.127 Definitions for division\n\nIn this division—\ndeal with , an asset, includes grant a right in relation to the asset, mortgage, lend, lease or register a charge over the asset, but does not include dispose of the asset.\ns 127 def deal with ins 2010 No. 22 s 18\ndispose , of an asset, includes distribute, forfeit, relinquish possession of, sell or otherwise give up, the asset.\nnon-proprietary entity means—\na licensed club that is a non-proprietary club; or\na corporation that was a licensed club and, when it was licensed, was a non-proprietary club.\nrelevant control body , relating to a non-proprietary entity, means the control body in relation to which the entity is or was licensed.\ns 127 def relevant control body sub 2016 No. 12 s 358 (2)\ns 127 prev s 127 om 2016 No. 12 s 363\npres s 127 amd 2016 No. 12 s 358 (1)\n- (a) a licensed club that is a non-proprietary club; or\n- (b) a corporation that was a licensed club and, when it was licensed, was a non-proprietary club.","sortOrder":251},{"sectionNumber":"sec.128","sectionType":"section","heading":"Application of revenues, profits etc. of licensed club that is or was a non-proprietary entity","content":"### sec.128 Application of revenues, profits etc. of licensed club that is or was a non-proprietary entity\n\nA non-proprietary entity must not divide, directly or indirectly, money comprising the entity’s revenues, profits or other assets, however derived, among the individual members of the entity or any of them.\nThe non-proprietary entity may apply amounts comprising its revenues and profits—\nfor encouraging the relevant control body’s code of racing in Queensland if the application is under 1 of the control body’s policies for that purpose; and\nfor a charitable, benevolent, patriotic or special purpose, if the application is under the relevant control body’s written approval obtained before the entity applies the amounts.\nThis section does not prevent—\na payment to a member of a non-proprietary entity as—\nprincipal and interest payable for amounts lent to the entity by that member, calculated at a rate not exceeding the rate for the time being approved by the Reserve Bank of Australia as the maximum rate of interest chargeable by banks for overdraft accommodation; or\nrent for a lease of a licensed venue that is the property of the member, if the lease was approved by the Minister before its execution; or\nreimbursement for reasonable expenses incurred by the member under 1 of the relevant control body’s policies that provides the expenses may be incurred; or\nan expenditure by the non-proprietary entity for—\nproviding reasonable entertainment for the entity’s members in common with other persons; and\ndefraying a member’s expenses for attending, with the approval of the entity before attending—\na conference or meeting of persons interested or concerned in racing or in the control, holding or supervision of race meetings; or\na conference or meeting with the relevant control body or with the Minister; or\na place to promote the entity’s interests; or\na payment to 1 of the entity’s members of prize money, or for the award of a trophy, won by a licensed animal at a race meeting held by the entity; or\na payment by the entity of a reasonable amount to a person, whether or not a member of the entity, for legal, accounting, secretarial or other professional services requested by or given to the entity.\ns 128 prev s 128 om 2016 No. 12 s 363\n(sec.128-ssec.1) A non-proprietary entity must not divide, directly or indirectly, money comprising the entity’s revenues, profits or other assets, however derived, among the individual members of the entity or any of them.\n(sec.128-ssec.2) The non-proprietary entity may apply amounts comprising its revenues and profits— for encouraging the relevant control body’s code of racing in Queensland if the application is under 1 of the control body’s policies for that purpose; and for a charitable, benevolent, patriotic or special purpose, if the application is under the relevant control body’s written approval obtained before the entity applies the amounts.\n(sec.128-ssec.3) This section does not prevent— a payment to a member of a non-proprietary entity as— principal and interest payable for amounts lent to the entity by that member, calculated at a rate not exceeding the rate for the time being approved by the Reserve Bank of Australia as the maximum rate of interest chargeable by banks for overdraft accommodation; or rent for a lease of a licensed venue that is the property of the member, if the lease was approved by the Minister before its execution; or reimbursement for reasonable expenses incurred by the member under 1 of the relevant control body’s policies that provides the expenses may be incurred; or an expenditure by the non-proprietary entity for— providing reasonable entertainment for the entity’s members in common with other persons; and defraying a member’s expenses for attending, with the approval of the entity before attending— a conference or meeting of persons interested or concerned in racing or in the control, holding or supervision of race meetings; or a conference or meeting with the relevant control body or with the Minister; or a place to promote the entity’s interests; or a payment to 1 of the entity’s members of prize money, or for the award of a trophy, won by a licensed animal at a race meeting held by the entity; or a payment by the entity of a reasonable amount to a person, whether or not a member of the entity, for legal, accounting, secretarial or other professional services requested by or given to the entity.\n- (a) for encouraging the relevant control body’s code of racing in Queensland if the application is under 1 of the control body’s policies for that purpose; and\n- (b) for a charitable, benevolent, patriotic or special purpose, if the application is under the relevant control body’s written approval obtained before the entity applies the amounts.\n- (a) a payment to a member of a non-proprietary entity as— (i) principal and interest payable for amounts lent to the entity by that member, calculated at a rate not exceeding the rate for the time being approved by the Reserve Bank of Australia as the maximum rate of interest chargeable by banks for overdraft accommodation; or (ii) rent for a lease of a licensed venue that is the property of the member, if the lease was approved by the Minister before its execution; or (iii) reimbursement for reasonable expenses incurred by the member under 1 of the relevant control body’s policies that provides the expenses may be incurred; or\n- (i) principal and interest payable for amounts lent to the entity by that member, calculated at a rate not exceeding the rate for the time being approved by the Reserve Bank of Australia as the maximum rate of interest chargeable by banks for overdraft accommodation; or\n- (ii) rent for a lease of a licensed venue that is the property of the member, if the lease was approved by the Minister before its execution; or\n- (iii) reimbursement for reasonable expenses incurred by the member under 1 of the relevant control body’s policies that provides the expenses may be incurred; or\n- (b) an expenditure by the non-proprietary entity for— (i) providing reasonable entertainment for the entity’s members in common with other persons; and (ii) defraying a member’s expenses for attending, with the approval of the entity before attending— (A) a conference or meeting of persons interested or concerned in racing or in the control, holding or supervision of race meetings; or (B) a conference or meeting with the relevant control body or with the Minister; or (C) a place to promote the entity’s interests; or\n- (i) providing reasonable entertainment for the entity’s members in common with other persons; and\n- (ii) defraying a member’s expenses for attending, with the approval of the entity before attending— (A) a conference or meeting of persons interested or concerned in racing or in the control, holding or supervision of race meetings; or (B) a conference or meeting with the relevant control body or with the Minister; or (C) a place to promote the entity’s interests; or\n- (A) a conference or meeting of persons interested or concerned in racing or in the control, holding or supervision of race meetings; or\n- (B) a conference or meeting with the relevant control body or with the Minister; or\n- (C) a place to promote the entity’s interests; or\n- (c) a payment to 1 of the entity’s members of prize money, or for the award of a trophy, won by a licensed animal at a race meeting held by the entity; or\n- (d) a payment by the entity of a reasonable amount to a person, whether or not a member of the entity, for legal, accounting, secretarial or other professional services requested by or given to the entity.\n- (i) principal and interest payable for amounts lent to the entity by that member, calculated at a rate not exceeding the rate for the time being approved by the Reserve Bank of Australia as the maximum rate of interest chargeable by banks for overdraft accommodation; or\n- (ii) rent for a lease of a licensed venue that is the property of the member, if the lease was approved by the Minister before its execution; or\n- (iii) reimbursement for reasonable expenses incurred by the member under 1 of the relevant control body’s policies that provides the expenses may be incurred; or\n- (i) providing reasonable entertainment for the entity’s members in common with other persons; and\n- (ii) defraying a member’s expenses for attending, with the approval of the entity before attending— (A) a conference or meeting of persons interested or concerned in racing or in the control, holding or supervision of race meetings; or (B) a conference or meeting with the relevant control body or with the Minister; or (C) a place to promote the entity’s interests; or\n- (A) a conference or meeting of persons interested or concerned in racing or in the control, holding or supervision of race meetings; or\n- (B) a conference or meeting with the relevant control body or with the Minister; or\n- (C) a place to promote the entity’s interests; or\n- (A) a conference or meeting of persons interested or concerned in racing or in the control, holding or supervision of race meetings; or\n- (B) a conference or meeting with the relevant control body or with the Minister; or\n- (C) a place to promote the entity’s interests; or","sortOrder":252},{"sectionNumber":"sec.129","sectionType":"section","heading":"Prohibition of disposal of assets etc. of non-proprietary entity","content":"### sec.129 Prohibition of disposal of assets etc. of non-proprietary entity\n\nA non-proprietary entity may not dispose of any of its asset unless—\nif the asset is an amount comprising the entity’s revenues and profits—the amount is applied under section 128 (2) or (3) ; or\nif the asset is an interest in real property and is used for a purpose mentioned in subsection (2) —the asset is disposed of under that subsection; or\nif the asset is not an amount mentioned in paragraph (a) or an interest in real property used for a purpose mentioned in subsection (2) , the asset is disposed of under—\n1 of the relevant control body’s policies; or\na written approval of the relevant control body, obtained before the disposal and relating to that asset.\nDespite this Act or another Act, or a law, custom or practice, the entity must not dispose of an interest in real property that is used for the following purposes without the approval of the Minister obtained before the disposal—\na licensed venue;\na place for exercising, conditioning or training licensed animals.\nAn approval given for subsection (2) must be published in the gazette.\nThe Minister may, under subsection (2) , approve the disposal of an asset that is an interest in real property used for a purpose mentioned in that subsection only if the following happened before the entity sought the Minister’s approval—\nthe majority of the entity’s members present at a meeting of it approved of the disposal;\nthe relevant control body’s approval was obtained.\nA relevant control body may grant an approval mentioned in subsection (4) (b) on conditions the control body considers appropriate.\ns 129 prev s 129 om 2016 No. 12 s 363\npres s 129 amd 2010 No. 22 s 19 ; 2012 No. 42 s 44\n(sec.129-ssec.1) A non-proprietary entity may not dispose of any of its asset unless— if the asset is an amount comprising the entity’s revenues and profits—the amount is applied under section 128 (2) or (3) ; or if the asset is an interest in real property and is used for a purpose mentioned in subsection (2) —the asset is disposed of under that subsection; or if the asset is not an amount mentioned in paragraph (a) or an interest in real property used for a purpose mentioned in subsection (2) , the asset is disposed of under— 1 of the relevant control body’s policies; or a written approval of the relevant control body, obtained before the disposal and relating to that asset.\n(sec.129-ssec.2) Despite this Act or another Act, or a law, custom or practice, the entity must not dispose of an interest in real property that is used for the following purposes without the approval of the Minister obtained before the disposal— a licensed venue; a place for exercising, conditioning or training licensed animals.\n(sec.129-ssec.3) An approval given for subsection (2) must be published in the gazette.\n(sec.129-ssec.4) The Minister may, under subsection (2) , approve the disposal of an asset that is an interest in real property used for a purpose mentioned in that subsection only if the following happened before the entity sought the Minister’s approval— the majority of the entity’s members present at a meeting of it approved of the disposal; the relevant control body’s approval was obtained.\n(sec.129-ssec.5) A relevant control body may grant an approval mentioned in subsection (4) (b) on conditions the control body considers appropriate.\n- (a) if the asset is an amount comprising the entity’s revenues and profits—the amount is applied under section 128 (2) or (3) ; or\n- (b) if the asset is an interest in real property and is used for a purpose mentioned in subsection (2) —the asset is disposed of under that subsection; or\n- (c) if the asset is not an amount mentioned in paragraph (a) or an interest in real property used for a purpose mentioned in subsection (2) , the asset is disposed of under— (i) 1 of the relevant control body’s policies; or (ii) a written approval of the relevant control body, obtained before the disposal and relating to that asset.\n- (i) 1 of the relevant control body’s policies; or\n- (ii) a written approval of the relevant control body, obtained before the disposal and relating to that asset.\n- (i) 1 of the relevant control body’s policies; or\n- (ii) a written approval of the relevant control body, obtained before the disposal and relating to that asset.\n- (a) a licensed venue;\n- (b) a place for exercising, conditioning or training licensed animals.\n- (a) the majority of the entity’s members present at a meeting of it approved of the disposal;\n- (b) the relevant control body’s approval was obtained.","sortOrder":253},{"sectionNumber":"sec.130","sectionType":"section","heading":"Dealing with assets of non-proprietary entity","content":"### sec.130 Dealing with assets of non-proprietary entity\n\nA non-proprietary entity must not deal with an asset of the entity other than under—\na policy of the relevant control body; or\na written approval of the relevant control body, obtained before the dealing and relating to that asset.\ns 130 prev s 130 om 2016 No. 12 s 363\npres s 130 ins 2010 No. 22 s 20\n- (a) a policy of the relevant control body; or\n- (b) a written approval of the relevant control body, obtained before the dealing and relating to that asset.","sortOrder":254},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Use of Queensland race information","content":"# Use of Queensland race information","sortOrder":255},{"sectionNumber":"sec.131","sectionType":"section","heading":"Definitions for part","content":"### sec.131 Definitions for part\n\nIn this part—\nbetting exchange see section 132 .\ns 131 def betting exchange amd 2012 No. 42 s 75 sch\ndocument or information request see section 136 .\ns 131 def document or information request ins 2009 No. 41 s 96\namd 2012 No. 42 s 75 sch\nlicensed wagering operator means—\na licensed bookmaker; or\na person who is the holder of an oncourse wagering permit or a race wagering licence under the Wagering Act 1998 ; or\na wagering operator who holds a licence or other authority—\nunder a law of another State or a foreign country, that authorises the operator to conduct a wagering business; or\nissued by a principal racing authority of another State or a foreign country, that authorises the operator to conduct a wagering business.\ns 131 def licensed wagering operator sub 2016 No. 12 s 359(2)\nprincipal racing authority , of another State or a foreign country, means an entity that manages a type of animal racing in the other State or foreign country.\nQueensland race information means information that identifies, or is capable of identifying any of the following—\nthe name, number or time of an intended race to be held at a race meeting at a licensed venue in Queensland;\nthe name or number of a licensed animal that has been nominated for, or that will otherwise take part in, an intended race to be held at a race meeting at a licensed venue in Queensland;\nthe name or number of a licensed animal that has been scratched or withdrawn from an intended race to be held at a race meeting at a licensed venue in Queensland;\nthe name or number of a rider, or trainer, of a licensed animal that has been nominated for, or that will otherwise take part in, an intended race to be held at a race meeting at a licensed venue in Queensland;\nthe outcome of a race held at a race meeting at a licensed venue in Queensland.\nrace information authority means a race information authority issued under section 135 (1) .\ns 131 def race information authority amd 2012 No. 42 s 75 sch\ntotalisator see the Wagering Act 1998 , section 8 .\nwagering monitoring system means a system for monitoring the wagering activity of a licensed wagering operator.\ns 131 def wagering monitoring system ins 2009 No. 41 s 96\nwagering operator means—\na person who conducts bookmaking; or\na person who conducts a betting exchange; or\na person who conducts a totalisator; or\na person who otherwise conducts a wagering business.\ns 131 prev s 131 om 2016 No. 12 s 363\npres s 131 (prev s 113A) ins 2008 No. 75 s 90\nrenum 2012 No. 42 s 45\namd 2016 No. 12 s 359 (1)\n- (a) a licensed bookmaker; or\n- (b) a person who is the holder of an oncourse wagering permit or a race wagering licence under the Wagering Act 1998 ; or\n- (c) a wagering operator who holds a licence or other authority— (i) under a law of another State or a foreign country, that authorises the operator to conduct a wagering business; or (ii) issued by a principal racing authority of another State or a foreign country, that authorises the operator to conduct a wagering business.\n- (i) under a law of another State or a foreign country, that authorises the operator to conduct a wagering business; or\n- (ii) issued by a principal racing authority of another State or a foreign country, that authorises the operator to conduct a wagering business.\n- (i) under a law of another State or a foreign country, that authorises the operator to conduct a wagering business; or\n- (ii) issued by a principal racing authority of another State or a foreign country, that authorises the operator to conduct a wagering business.\n- (a) the name, number or time of an intended race to be held at a race meeting at a licensed venue in Queensland;\n- (b) the name or number of a licensed animal that has been nominated for, or that will otherwise take part in, an intended race to be held at a race meeting at a licensed venue in Queensland;\n- (c) the name or number of a licensed animal that has been scratched or withdrawn from an intended race to be held at a race meeting at a licensed venue in Queensland;\n- (d) the name or number of a rider, or trainer, of a licensed animal that has been nominated for, or that will otherwise take part in, an intended race to be held at a race meeting at a licensed venue in Queensland;\n- (e) the outcome of a race held at a race meeting at a licensed venue in Queensland.\n- (a) a person who conducts bookmaking; or\n- (b) a person who conducts a betting exchange; or\n- (c) a person who conducts a totalisator; or\n- (d) a person who otherwise conducts a wagering business.","sortOrder":256},{"sectionNumber":"sec.132","sectionType":"section","heading":"Meaning of betting exchange","content":"### sec.132 Meaning of betting exchange\n\nBetting exchange means a facility that enables persons—\nto place or accept, through the operator of the facility, wagers with other persons; or\nto place with the operator of the facility wagers that, on acceptance, are matched with opposing wagers placed with and accepted by the operator.\nHowever, betting exchange does not include a facility that enables persons to place wagers only with a person who conducts bookmaking or a totalisator.\ns 132 prev s 132 om 2016 No. 12 s 363\npres s 132 (prev s 113B) ins 2008 No. 75 s 90\nrenum 2012 No. 42 s 45\n(sec.132-ssec.1) Betting exchange means a facility that enables persons— to place or accept, through the operator of the facility, wagers with other persons; or to place with the operator of the facility wagers that, on acceptance, are matched with opposing wagers placed with and accepted by the operator.\n(sec.132-ssec.2) However, betting exchange does not include a facility that enables persons to place wagers only with a person who conducts bookmaking or a totalisator.\n- (a) to place or accept, through the operator of the facility, wagers with other persons; or\n- (b) to place with the operator of the facility wagers that, on acceptance, are matched with opposing wagers placed with and accepted by the operator.","sortOrder":257},{"sectionNumber":"sec.133","sectionType":"section","heading":"Use of Queensland race information","content":"### sec.133 Use of Queensland race information\n\nA licensed wagering operator must not, whether in Queensland or elsewhere, use Queensland race information for the conduct of the operator’s wagering business, unless the operator is authorised to do so under a race information authority.\nMaximum penalty—\nfor a first offence—600 penalty units or 12 months imprisonment; or\nfor a second or subsequent offence—4,000 penalty units or 5 years imprisonment.\ns 133 prev s 133 om 2016 No. 12 s 363\npres s 133 (prev s 113C) ins 2008 No. 75 s 90\nrenum 2012 No. 42 s 45\n- (a) for a first offence—600 penalty units or 12 months imprisonment; or\n- (b) for a second or subsequent offence—4,000 penalty units or 5 years imprisonment.","sortOrder":258},{"sectionNumber":"sec.134","sectionType":"section","heading":"Application for race information authority","content":"### sec.134 Application for race information authority\n\nA licensed wagering operator wishing to use Queensland race information for the conduct of the operator’s wagering business for a code of racing may apply to the control body for the code of racing for a race information authority for the code of racing.\nThe application must—\nbe made in the way prescribed by regulation; and\nbe accompanied by—\nany application fee decided by the control body; and\nthe documents prescribed by regulation.\nThe control body must consider the application and either grant, or refuse to grant, the application.\nIn deciding the application, the control body must have regard to the criteria prescribed by regulation.\nWithout limiting subsection (4) , the criteria that are prescribed by regulation for that subsection may state—\nthe types of matters that may, or must, be taken into account by the control body in deciding the application; or\nthe types of matters that must not be taken into account by the control body in deciding the application.\ns 134 prev s 134 om 2016 No. 12 s 363\npres s 134 (prev s 113D) ins 2008 No. 75 s 90\nrenum 2012 No. 42 s 45\namd 2016 No. 12 s 389 s ch 2 pt 1\n(sec.134-ssec.1) A licensed wagering operator wishing to use Queensland race information for the conduct of the operator’s wagering business for a code of racing may apply to the control body for the code of racing for a race information authority for the code of racing.\n(sec.134-ssec.2) The application must— be made in the way prescribed by regulation; and be accompanied by— any application fee decided by the control body; and the documents prescribed by regulation.\n(sec.134-ssec.3) The control body must consider the application and either grant, or refuse to grant, the application.\n(sec.134-ssec.4) In deciding the application, the control body must have regard to the criteria prescribed by regulation.\n(sec.134-ssec.5) Without limiting subsection (4) , the criteria that are prescribed by regulation for that subsection may state— the types of matters that may, or must, be taken into account by the control body in deciding the application; or the types of matters that must not be taken into account by the control body in deciding the application.\n- (a) be made in the way prescribed by regulation; and\n- (b) be accompanied by— (i) any application fee decided by the control body; and (ii) the documents prescribed by regulation.\n- (i) any application fee decided by the control body; and\n- (ii) the documents prescribed by regulation.\n- (i) any application fee decided by the control body; and\n- (ii) the documents prescribed by regulation.\n- (a) the types of matters that may, or must, be taken into account by the control body in deciding the application; or\n- (b) the types of matters that must not be taken into account by the control body in deciding the application.","sortOrder":259},{"sectionNumber":"sec.135","sectionType":"section","heading":"Decision","content":"### sec.135 Decision\n\nIf the control body decides to grant the application, the control body must as soon as practicable issue a race information authority for the code of racing to the applicant.\nIf the control body decides to grant the application but impose conditions on the authority as mentioned in subsection (3) or to refuse to grant the application, the control body must give the applicant an information notice about the decision.\nIf the control body decides to grant the application, the control body may impose any of the following conditions on the authority—\na condition that the holder of the authority pay the control body a fee for the use of Queensland race information for the conduct of the holder’s wagering business for the code of racing;\na condition of a type prescribed by regulation.\nIn deciding whether to impose a condition on the authority, or the type of condition, the control body must not take into account the matters prescribed by regulation.\nIf the applicant has used Queensland race information for the conduct of the applicant’s wagering business for the code of racing at any time during the period from 1 September 2008 to the day of issue of the authority to the applicant, a condition mentioned in subsection (3) (a) may be that the holder of the authority pay a fee for the use of the information during the period.\nWithout limiting subsection (4) , in deciding whether to impose a condition mentioned in subsection (3) (a) on the authority, or the amount of the fee, the control body must take into account any other fees payable to it by the holder of the authority under any agreement between the control body and holder of the authority.\nIf the control body decides to impose a condition mentioned in subsection (3) (a) on the authority, section 83 (2) does not apply to the amount of the fee charged.\ns 135 prev s 135 amd 2012 No. 42 s 75 sch\nom 2016 No. 12 s 363\npres s 135 (prev s 113E) ins 2008 No. 75 s 90\nrenum 2012 No. 42 s 45\namd 2016 No. 12 s 360\n(sec.135-ssec.1) If the control body decides to grant the application, the control body must as soon as practicable issue a race information authority for the code of racing to the applicant.\n(sec.135-ssec.2) If the control body decides to grant the application but impose conditions on the authority as mentioned in subsection (3) or to refuse to grant the application, the control body must give the applicant an information notice about the decision.\n(sec.135-ssec.3) If the control body decides to grant the application, the control body may impose any of the following conditions on the authority— a condition that the holder of the authority pay the control body a fee for the use of Queensland race information for the conduct of the holder’s wagering business for the code of racing; a condition of a type prescribed by regulation.\n(sec.135-ssec.4) In deciding whether to impose a condition on the authority, or the type of condition, the control body must not take into account the matters prescribed by regulation.\n(sec.135-ssec.5) If the applicant has used Queensland race information for the conduct of the applicant’s wagering business for the code of racing at any time during the period from 1 September 2008 to the day of issue of the authority to the applicant, a condition mentioned in subsection (3) (a) may be that the holder of the authority pay a fee for the use of the information during the period.\n(sec.135-ssec.6) Without limiting subsection (4) , in deciding whether to impose a condition mentioned in subsection (3) (a) on the authority, or the amount of the fee, the control body must take into account any other fees payable to it by the holder of the authority under any agreement between the control body and holder of the authority.\n(sec.135-ssec.7) If the control body decides to impose a condition mentioned in subsection (3) (a) on the authority, section 83 (2) does not apply to the amount of the fee charged.\n- (a) a condition that the holder of the authority pay the control body a fee for the use of Queensland race information for the conduct of the holder’s wagering business for the code of racing;\n- (b) a condition of a type prescribed by regulation.","sortOrder":260},{"sectionNumber":"sec.136","sectionType":"section","heading":"Standard condition of race information authority","content":"### sec.136 Standard condition of race information authority\n\nIt is a condition of every race information authority that the holder of the authority must, unless the holder has a reasonable excuse—\ntake part, as required by the control body that issued the authority, in a wagering monitoring system established or nominated by the control body; and\ncomply with all reasonable requests by the control body to give the control body, within the reasonable time stated in the request, information or documents about bets placed with the holder (a document or information request ).\ns 136 prev s 136 om 2016 No. 12 s 363\npres s 136 (prev s 113EA) ins 2009 No. 41 s 97\nrenum 2012 No. 42 s 45\n- (a) take part, as required by the control body that issued the authority, in a wagering monitoring system established or nominated by the control body; and\n- (b) comply with all reasonable requests by the control body to give the control body, within the reasonable time stated in the request, information or documents about bets placed with the holder (a document or information request ).","sortOrder":261},{"sectionNumber":"sec.137","sectionType":"section","heading":"Use of documents or information by control body","content":"### sec.137 Use of documents or information by control body\n\nA control body may use documents or information gained from a wagering monitoring system or under a document or information request only for—\nmonitoring wagering activity to detect possible breaches of this Act or the control body’s rules of racing; and\ntaking investigative or enforcement action about the possible breaches.\nSubsection (1) does not prevent the control body from providing the documents or information to the chief executive, the commission or another person if the control body is required to do so under this Act or another Act.\ns 137 prev s 137 om 2016 No. 12 s 363\npres s 137 (prev s 113EB) ins 2009 No. 41 s 97\nrenum 2012 No. 42 s 45\namd 2016 No. 12 s 361\n(sec.137-ssec.1) A control body may use documents or information gained from a wagering monitoring system or under a document or information request only for— monitoring wagering activity to detect possible breaches of this Act or the control body’s rules of racing; and taking investigative or enforcement action about the possible breaches.\n(sec.137-ssec.2) Subsection (1) does not prevent the control body from providing the documents or information to the chief executive, the commission or another person if the control body is required to do so under this Act or another Act.\n- (a) monitoring wagering activity to detect possible breaches of this Act or the control body’s rules of racing; and\n- (b) taking investigative or enforcement action about the possible breaches.","sortOrder":262},{"sectionNumber":"sec.138","sectionType":"section","heading":"Effect of providing documents or information about wagering activity","content":"### sec.138 Effect of providing documents or information about wagering activity\n\nA person who is the holder of a race information authority or an employee of the holder is not liable civilly, criminally or under an administrative process for providing documents or information about wagering activity—\nby taking part in a wagering monitoring system; or\nin response to a document or information request.\ns 138 prev s 138 om 2016 No. 12 s 363\npres s 138 (prev s 113EC) ins 2009 No. 41 s 97\nrenum 2012 No. 42 s 45\n- (a) by taking part in a wagering monitoring system; or\n- (b) in response to a document or information request.","sortOrder":263},{"sectionNumber":"sec.139","sectionType":"section","heading":"Cancellation of race information authority","content":"### sec.139 Cancellation of race information authority\n\nA control body that has issued a race information authority to a licensed wagering operator may, by information notice given to the operator, cancel the authority on a ground prescribed by regulation.\ns 139 prev s 139 om 2016 No. 12 s 363\nprev s 139 (prev s 113F) ins 2008 No. 75 s 90\nrenum 2012 No. 42 s 45\namd 2016 No. 12 s 362","sortOrder":264},{"sectionNumber":"sec.140","sectionType":"section","heading":"Authorisations for competition legislation","content":"### sec.140 Authorisations for competition legislation\n\nThe following things are specifically authorised for the competition legislation—\nan agreement entered into between—\n2 or more control bodies in relation to the appointment of an agent (an appointed agent ) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies under race information authorities issued by the bodies; or\n1 or more control bodies and any corresponding body of another State in relation to the appointment of an agent (also an appointed agent ) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies for the use of Queensland race information and corresponding information relating to the corresponding body;\nthe conduct of the bodies and an appointed agent in negotiating and entering into the agreement;\nthe conduct of the bodies and an appointed agent in performing the agreement.\nAnything authorised to be done by subsection (1) is authorised only to the extent to which it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code of Queensland.\nIn this section—\nagreement includes a contract, arrangement or understanding.\ncompetition legislation means the Competition and Consumer Act 2010 (Cwlth) , section 51 (1) (b) or the Competition Code of Queensland, section 51 .\ns 140 prev s 140 om 2016 No. 12 s 363\npres s 140 (prev s 113G) ins 2008 No. 75 s 90\namd 2010 No. 54 s 67 sch\nrenum 2012 No. 42 s 45\n(sec.140-ssec.1) The following things are specifically authorised for the competition legislation— an agreement entered into between— 2 or more control bodies in relation to the appointment of an agent (an appointed agent ) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies under race information authorities issued by the bodies; or 1 or more control bodies and any corresponding body of another State in relation to the appointment of an agent (also an appointed agent ) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies for the use of Queensland race information and corresponding information relating to the corresponding body; the conduct of the bodies and an appointed agent in negotiating and entering into the agreement; the conduct of the bodies and an appointed agent in performing the agreement.\n(sec.140-ssec.2) Anything authorised to be done by subsection (1) is authorised only to the extent to which it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code of Queensland.\n(sec.140-ssec.3) In this section— agreement includes a contract, arrangement or understanding. competition legislation means the Competition and Consumer Act 2010 (Cwlth) , section 51 (1) (b) or the Competition Code of Queensland, section 51 .\n- (a) an agreement entered into between— (i) 2 or more control bodies in relation to the appointment of an agent (an appointed agent ) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies under race information authorities issued by the bodies; or (ii) 1 or more control bodies and any corresponding body of another State in relation to the appointment of an agent (also an appointed agent ) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies for the use of Queensland race information and corresponding information relating to the corresponding body;\n- (i) 2 or more control bodies in relation to the appointment of an agent (an appointed agent ) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies under race information authorities issued by the bodies; or\n- (ii) 1 or more control bodies and any corresponding body of another State in relation to the appointment of an agent (also an appointed agent ) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies for the use of Queensland race information and corresponding information relating to the corresponding body;\n- (b) the conduct of the bodies and an appointed agent in negotiating and entering into the agreement;\n- (c) the conduct of the bodies and an appointed agent in performing the agreement.\n- (i) 2 or more control bodies in relation to the appointment of an agent (an appointed agent ) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies under race information authorities issued by the bodies; or\n- (ii) 1 or more control bodies and any corresponding body of another State in relation to the appointment of an agent (also an appointed agent ) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies for the use of Queensland race information and corresponding information relating to the corresponding body;","sortOrder":265},{"sectionNumber":"ch.3A-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":266},{"sectionNumber":"ch.3A-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":267},{"sectionNumber":"ch.3A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":268},{"sectionNumber":"ch.3A-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":269},{"sectionNumber":"ch.3A-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":270},{"sectionNumber":"ch.4A-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":271},{"sectionNumber":"ch.4A-pt.1-div.1","sectionType":"division","heading":null,"content":"","sortOrder":272},{"sectionNumber":"ch.4A-pt.1-div.2","sectionType":"division","heading":null,"content":"","sortOrder":273},{"sectionNumber":"ch.4A-pt.1-div.3","sectionType":"division","heading":null,"content":"","sortOrder":274},{"sectionNumber":"ch.4A-pt.1-div.4","sectionType":"division","heading":null,"content":"","sortOrder":275},{"sectionNumber":"ch.4A-pt.1-div.5","sectionType":"division","heading":null,"content":"","sortOrder":276},{"sectionNumber":"ch.4A-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":277},{"sectionNumber":"ch.4A-pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":278},{"sectionNumber":"ch.4A-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":279},{"sectionNumber":"ch.4A-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":280},{"sectionNumber":"ch.4A-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":281},{"sectionNumber":"ch.4A-pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":282},{"sectionNumber":"ch.4A-pt.2-div.6","sectionType":"division","heading":null,"content":"","sortOrder":283},{"sectionNumber":"ch.4A-pt.2-div.7","sectionType":"division","heading":null,"content":"","sortOrder":284},{"sectionNumber":"ch.4A-pt.2-div.8","sectionType":"division","heading":null,"content":"","sortOrder":285},{"sectionNumber":"ch.4A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":286},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":287},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"Offences relating to administration of Act","content":"## Offences relating to administration of Act","sortOrder":288},{"sectionNumber":"sec.148","sectionType":"section","heading":"Definitions for div 1","content":"### sec.148 Definitions for div 1\n\nIn this division—\nAct document means—\na Minister’s approval or licence; or\na race information authority.\ns 148 def Act document sub 2016 No. 12 s 364\nbackground document means—\nan approved form or control body form, completed by a person about the person’s business reputation, character, criminal history, current financial position or financial background; or\na document accompanying an approved form or control body form; or\na document—\ngiven by a person for consideration for appointment as an executive officer of the board; and\nrelating to the person’s business reputation, character, criminal history, current financial position or financial background; or\nanother document obtained by the Minister, the chief executive or a control body, relating to a person’s business reputation, character, criminal history, current financial position or financial background.\ns 148 def background document sub 2016 No. 12 s 364\nconfidential information , about someone, means information about—\nthe person’s business reputation, character, criminal history, current financial position or financial background; or\nthe person making an application under this Act; or\nwhether the person was identified by the police commissioner under a repealed section as a participant in a criminal organisation or as an unsuitable corporation.\ns 148 def confidential information amd 2013 No. 64 s 154 ; 2016 No. 62 s 335 (2)\ncontrol body officer means an executive officer or employee of a control body.\ns 148 def control body officer sub 2008 No. 24 s 16\ncopy includes make a record.\ncourt includes any tribunal, authority or person having power to require the production of documents or the answering of questions.\nforge includes counterfeit.\nrepealed section means section 212A (2) , 224 (4) or 225 (4) as in force before the commencement of the Racing Integrity Act 2016 , section 363 .\ns 148 def repealed section ins 2016 No. 62 s 335 (1)\ns 148 prev s 148 om 2016 No. 12 s 363\n- (a) a Minister’s approval or licence; or\n- (b) a race information authority.\n- (a) an approved form or control body form, completed by a person about the person’s business reputation, character, criminal history, current financial position or financial background; or\n- (b) a document accompanying an approved form or control body form; or\n- (c) a document— (i) given by a person for consideration for appointment as an executive officer of the board; and (ii) relating to the person’s business reputation, character, criminal history, current financial position or financial background; or\n- (i) given by a person for consideration for appointment as an executive officer of the board; and\n- (ii) relating to the person’s business reputation, character, criminal history, current financial position or financial background; or\n- (d) another document obtained by the Minister, the chief executive or a control body, relating to a person’s business reputation, character, criminal history, current financial position or financial background.\n- (i) given by a person for consideration for appointment as an executive officer of the board; and\n- (ii) relating to the person’s business reputation, character, criminal history, current financial position or financial background; or\n- (a) the person’s business reputation, character, criminal history, current financial position or financial background; or\n- (b) the person making an application under this Act; or\n- (c) whether the person was identified by the police commissioner under a repealed section as a participant in a criminal organisation or as an unsuitable corporation.","sortOrder":289},{"sectionNumber":"sec.149","sectionType":"section","heading":"Offence to disclose confidential information or copy background document","content":"### sec.149 Offence to disclose confidential information or copy background document\n\nThis section applies to a person who—\nis or has been engaged in the administration of this Act; or\nhas obtained access to confidential information or a background document about someone else, whether directly or indirectly, from a person mentioned in paragraph (a) .\nThe person must not, without reasonable excuse—\ndisclose confidential information to anyone else; or\ncopy a background document about someone else acquired by the person; or\ngive access to a background document about someone else.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse if—\nthe person has the written consent of the person to whom the information or background document relates or someone else authorised by the person; or\nthe disclosure is authorised under this Act or another Act; or\nthe disclosure is in compliance with lawful process requiring production of documents or giving evidence before a court; or\nthe disclosure was of a statistical nature that could not reasonably be expected to result in the identification of the person to whom the information relates.\nSubsection (3) (a) and (d) do not apply if the confidential information relates to whether the person was identified by the police commissioner under a repealed section as a participant in a criminal organisation or as an unsuitable corporation.\ns 149 prev s 149 amd 2012 No. 42 s 75 sch\nom 2016 No. 12 s 363\npres s 149 sub 2012 No. 42 s 69\namd 2013 No. 64 s 155 ; 2016 No. 62 s 336\n(sec.149-ssec.1) This section applies to a person who— is or has been engaged in the administration of this Act; or has obtained access to confidential information or a background document about someone else, whether directly or indirectly, from a person mentioned in paragraph (a) .\n(sec.149-ssec.2) The person must not, without reasonable excuse— disclose confidential information to anyone else; or copy a background document about someone else acquired by the person; or give access to a background document about someone else. Maximum penalty—100 penalty units.\n(sec.149-ssec.3) It is a reasonable excuse if— the person has the written consent of the person to whom the information or background document relates or someone else authorised by the person; or the disclosure is authorised under this Act or another Act; or the disclosure is in compliance with lawful process requiring production of documents or giving evidence before a court; or the disclosure was of a statistical nature that could not reasonably be expected to result in the identification of the person to whom the information relates.\n(sec.149-ssec.4) Subsection (3) (a) and (d) do not apply if the confidential information relates to whether the person was identified by the police commissioner under a repealed section as a participant in a criminal organisation or as an unsuitable corporation.\n- (a) is or has been engaged in the administration of this Act; or\n- (b) has obtained access to confidential information or a background document about someone else, whether directly or indirectly, from a person mentioned in paragraph (a) .\n- (a) disclose confidential information to anyone else; or\n- (b) copy a background document about someone else acquired by the person; or\n- (c) give access to a background document about someone else.\n- (a) the person has the written consent of the person to whom the information or background document relates or someone else authorised by the person; or\n- (b) the disclosure is authorised under this Act or another Act; or\n- (c) the disclosure is in compliance with lawful process requiring production of documents or giving evidence before a court; or\n- (d) the disclosure was of a statistical nature that could not reasonably be expected to result in the identification of the person to whom the information relates.","sortOrder":290},{"sectionNumber":"sec.149A","sectionType":"section","heading":null,"content":"### Section sec.149A\n\ns 149A ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":291},{"sectionNumber":"sec.149B","sectionType":"section","heading":null,"content":"### Section sec.149B\n\ns 149B ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":292},{"sectionNumber":"sec.149C","sectionType":"section","heading":null,"content":"### Section sec.149C\n\ns 149C ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":293},{"sectionNumber":"sec.149D","sectionType":"section","heading":null,"content":"### Section sec.149D\n\ns 149D ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":294},{"sectionNumber":"sec.149E","sectionType":"section","heading":null,"content":"### Section sec.149E\n\ns 149E ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":295},{"sectionNumber":"sec.149F","sectionType":"section","heading":null,"content":"### Section sec.149F\n\ns 149F ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":296},{"sectionNumber":"sec.149G","sectionType":"section","heading":null,"content":"### Section sec.149G\n\ns 149G ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":297},{"sectionNumber":"sec.149H","sectionType":"section","heading":null,"content":"### Section sec.149H\n\ns 149H ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":298},{"sectionNumber":"sec.149I","sectionType":"section","heading":null,"content":"### Section sec.149I\n\ns 149I ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":299},{"sectionNumber":"sec.149J","sectionType":"section","heading":null,"content":"### Section sec.149J\n\ns 149J ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":300},{"sectionNumber":"sec.149K","sectionType":"section","heading":null,"content":"### Section sec.149K\n\ns 149K ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":301},{"sectionNumber":"sec.149L","sectionType":"section","heading":null,"content":"### Section sec.149L\n\ns 149L ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":302},{"sectionNumber":"sec.149M","sectionType":"section","heading":null,"content":"### Section sec.149M\n\ns 149M ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":303},{"sectionNumber":"sec.149N","sectionType":"section","heading":null,"content":"### Section sec.149N\n\ns 149N ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":304},{"sectionNumber":"sec.149O","sectionType":"section","heading":null,"content":"### Section sec.149O\n\ns 149O ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":305},{"sectionNumber":"sec.149P","sectionType":"section","heading":null,"content":"### Section sec.149P\n\ns 149P ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":306},{"sectionNumber":"sec.149Q","sectionType":"section","heading":null,"content":"### Section sec.149Q\n\ns 149Q ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":307},{"sectionNumber":"sec.149R","sectionType":"section","heading":null,"content":"### Section sec.149R\n\ns 149R ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":308},{"sectionNumber":"sec.149S","sectionType":"section","heading":null,"content":"### Section sec.149S\n\ns 149S ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":309},{"sectionNumber":"sec.149T","sectionType":"section","heading":null,"content":"### Section sec.149T\n\ns 149T ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":310},{"sectionNumber":"sec.149U","sectionType":"section","heading":null,"content":"### Section sec.149U\n\ns 149U ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":311},{"sectionNumber":"sec.149V","sectionType":"section","heading":null,"content":"### Section sec.149V\n\ns 149V ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":312},{"sectionNumber":"sec.149W","sectionType":"section","heading":null,"content":"### Section sec.149W\n\ns 149W ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":313},{"sectionNumber":"sec.149X","sectionType":"section","heading":null,"content":"### Section sec.149X\n\ns 149X ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":314},{"sectionNumber":"sec.149Y","sectionType":"section","heading":null,"content":"### Section sec.149Y\n\ns 149Y ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":315},{"sectionNumber":"sec.149Z","sectionType":"section","heading":null,"content":"### Section sec.149Z\n\ns 149Z ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":316},{"sectionNumber":"sec.149ZA","sectionType":"section","heading":null,"content":"### Section sec.149ZA\n\ns 149ZA ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":317},{"sectionNumber":"sec.149ZB","sectionType":"section","heading":null,"content":"### Section sec.149ZB\n\ns 149ZB ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":318},{"sectionNumber":"sec.149ZC","sectionType":"section","heading":null,"content":"### Section sec.149ZC\n\ns 149ZC ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":319},{"sectionNumber":"sec.149ZD","sectionType":"section","heading":null,"content":"### Section sec.149ZD\n\ns 149ZD ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":320},{"sectionNumber":"sec.149ZE","sectionType":"section","heading":null,"content":"### Section sec.149ZE\n\ns 149ZE ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":321},{"sectionNumber":"sec.149ZF","sectionType":"section","heading":null,"content":"### Section sec.149ZF\n\ns 149ZF ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":322},{"sectionNumber":"sec.149ZG","sectionType":"section","heading":null,"content":"### Section sec.149ZG\n\ns 149ZG ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":323},{"sectionNumber":"sec.149ZH","sectionType":"section","heading":null,"content":"### Section sec.149ZH\n\ns 149ZH ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":324},{"sectionNumber":"sec.149ZI","sectionType":"section","heading":null,"content":"### Section sec.149ZI\n\ns 149ZI ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":325},{"sectionNumber":"sec.149ZJ","sectionType":"section","heading":null,"content":"### Section sec.149ZJ\n\ns 149ZJ ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":326},{"sectionNumber":"sec.149ZK","sectionType":"section","heading":null,"content":"### Section sec.149ZK\n\ns 149ZK ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":327},{"sectionNumber":"sec.149ZL","sectionType":"section","heading":null,"content":"### Section sec.149ZL\n\ns 149ZL ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":328},{"sectionNumber":"sec.149ZM","sectionType":"section","heading":null,"content":"### Section sec.149ZM\n\ns 149ZM ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":329},{"sectionNumber":"sec.149ZN","sectionType":"section","heading":null,"content":"### Section sec.149ZN\n\ns 149ZN ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":330},{"sectionNumber":"sec.149ZO","sectionType":"section","heading":null,"content":"### Section sec.149ZO\n\ns 149ZO ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":331},{"sectionNumber":"sec.149ZP","sectionType":"section","heading":null,"content":"### Section sec.149ZP\n\ns 149ZP ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":332},{"sectionNumber":"sec.149ZQ","sectionType":"section","heading":null,"content":"### Section sec.149ZQ\n\ns 149ZQ ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":333},{"sectionNumber":"sec.149ZR","sectionType":"section","heading":null,"content":"### Section sec.149ZR\n\ns 149ZR ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":334},{"sectionNumber":"sec.149ZS","sectionType":"section","heading":null,"content":"### Section sec.149ZS\n\ns 149ZS ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":335},{"sectionNumber":"sec.149ZT","sectionType":"section","heading":null,"content":"### Section sec.149ZT\n\ns 149ZT ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":336},{"sectionNumber":"sec.149ZU","sectionType":"section","heading":null,"content":"### Section sec.149ZU\n\ns 149ZU ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":337},{"sectionNumber":"sec.149ZV","sectionType":"section","heading":null,"content":"### Section sec.149ZV\n\ns 149ZV ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":338},{"sectionNumber":"sec.149ZW","sectionType":"section","heading":null,"content":"### Section sec.149ZW\n\ns 149ZW ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":339},{"sectionNumber":"sec.149ZX","sectionType":"section","heading":null,"content":"### Section sec.149ZX\n\ns 149ZX ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":340},{"sectionNumber":"sec.149ZY","sectionType":"section","heading":null,"content":"### Section sec.149ZY\n\ns 149ZY ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":341},{"sectionNumber":"sec.149ZZ","sectionType":"section","heading":null,"content":"### Section sec.149ZZ\n\ns 149ZZ ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":342},{"sectionNumber":"sec.149ZZA","sectionType":"section","heading":null,"content":"### Section sec.149ZZA\n\ns 149ZZA ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":343},{"sectionNumber":"sec.149ZZB","sectionType":"section","heading":null,"content":"### Section sec.149ZZB\n\ns 149ZZB ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":344},{"sectionNumber":"sec.149ZZC","sectionType":"section","heading":null,"content":"### Section sec.149ZZC\n\ns 149ZZC ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":345},{"sectionNumber":"sec.149ZZD","sectionType":"section","heading":null,"content":"### Section sec.149ZZD\n\ns 149ZZD ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":346},{"sectionNumber":"sec.149ZZE","sectionType":"section","heading":null,"content":"### Section sec.149ZZE\n\ns 149ZZE ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":347},{"sectionNumber":"sec.149ZZF","sectionType":"section","heading":null,"content":"### Section sec.149ZZF\n\ns 149ZZF ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":348},{"sectionNumber":"sec.149ZZG","sectionType":"section","heading":null,"content":"### Section sec.149ZZG\n\ns 149ZZG ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":349},{"sectionNumber":"sec.149ZZH","sectionType":"section","heading":null,"content":"### Section sec.149ZZH\n\ns 149ZZH ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":350},{"sectionNumber":"sec.149ZZI","sectionType":"section","heading":null,"content":"### Section sec.149ZZI\n\ns 149ZZI ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":351},{"sectionNumber":"sec.149ZZJ","sectionType":"section","heading":null,"content":"### Section sec.149ZZJ\n\ns 149ZZJ ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":352},{"sectionNumber":"sec.149ZZK","sectionType":"section","heading":null,"content":"### Section sec.149ZZK\n\ns 149ZZK ins 2012 No. 42 s 48\nom 2016 No. 12 s 363","sortOrder":353},{"sectionNumber":"sec.150","sectionType":"section","heading":"Forgery and uttering Act documents","content":"### sec.150 Forgery and uttering Act documents\n\nA person must not—\nforge an Act document; or\nknowingly utter an Act document that is forged.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not pretend to be a person named in an Act document, whether or not the person refers to the document.\nMaximum penalty—200 penalty units or 2 years imprisonment.\ns 150 orig s 150 sub 2009 No. 24 s 724\nom 2012 No. 42 s 49\nprev s 150 ins 2012 No. 42 s 50\nom 2016 No. 12 s 363\npres s 150 amd 2016 No. 12 s 365\n(sec.150-ssec.1) A person must not— forge an Act document; or knowingly utter an Act document that is forged. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.150-ssec.2) A person must not pretend to be a person named in an Act document, whether or not the person refers to the document. Maximum penalty—200 penalty units or 2 years imprisonment. s 150 orig s 150 sub 2009 No. 24 s 724 om 2012 No. 42 s 49 prev s 150 ins 2012 No. 42 s 50 om 2016 No. 12 s 363 pres s 150 amd 2016 No. 12 s 365\n- (a) forge an Act document; or\n- (b) knowingly utter an Act document that is forged.","sortOrder":354},{"sectionNumber":"sec.151","sectionType":"section","heading":"Making a false statement in application or other document","content":"### sec.151 Making a false statement in application or other document\n\nA person must not knowingly make a false statement—\nin an application for a licence or approval application; or\nin a document the person is required to keep, or to give to the Minister, the chief executive, a control body or another person, under this Act.\nMaximum penalty—200 penalty units or 2 years imprisonment.\ns 151 orig s 151 sub 2009 No. 24 s 724\nom 2012 No. 42 s 49\nprev s 151 ins 2012 No. 42 s 50\nom 2016 No. 12 s 363\npres s 151 amd 2016 No. 12 s 366\n- (a) in an application for a licence or approval application; or\n- (b) in a document the person is required to keep, or to give to the Minister, the chief executive, a control body or another person, under this Act.","sortOrder":355},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":356},{"sectionNumber":"sec.152","sectionType":"section","heading":"Person must not interfere with licence holder or official of a control body","content":"### sec.152 Person must not interfere with licence holder or official of a control body\n\nA person must not, unless the person has a reasonable excuse, interfere with a licence holder in relation to the licence holder’s performance of an activity for which the licence holder is licensed.\nMaximum penalty—400 penalty units or 2 years imprisonment.\nA person must not, unless the person has a reasonable excuse, interfere with an official of a control body performing a function or exercising a power under the control body’s rules of racing.\nMaximum penalty—400 penalty units or 2 years imprisonment.\nIn this section—\ninterfere with , in relation to a licence holder or an official of a control body, means—\ninflict injury on or cause injury to the licence holder or official; or\nthreaten to inflict injury on or cause injury to the licence holder or official; or\notherwise affect in a detrimental way the behaviour, performance or physical condition of the licence holder or official.\ns 152 orig s 152 sub 2009 No. 24 s 724\nom 2012 No. 42 s 49\nprev s 152 ins 2012 No. 42 s 50\nom 2016 No. 12 s 363\npres s 152 amd 2016 No. 12 s 370\n(sec.152-ssec.1) A person must not, unless the person has a reasonable excuse, interfere with a licence holder in relation to the licence holder’s performance of an activity for which the licence holder is licensed. Maximum penalty—400 penalty units or 2 years imprisonment.\n(sec.152-ssec.2) A person must not, unless the person has a reasonable excuse, interfere with an official of a control body performing a function or exercising a power under the control body’s rules of racing. Maximum penalty—400 penalty units or 2 years imprisonment.\n(sec.152-ssec.3) In this section— interfere with , in relation to a licence holder or an official of a control body, means— inflict injury on or cause injury to the licence holder or official; or threaten to inflict injury on or cause injury to the licence holder or official; or otherwise affect in a detrimental way the behaviour, performance or physical condition of the licence holder or official.\n- (a) inflict injury on or cause injury to the licence holder or official; or\n- (b) threaten to inflict injury on or cause injury to the licence holder or official; or\n- (c) otherwise affect in a detrimental way the behaviour, performance or physical condition of the licence holder or official.","sortOrder":357},{"sectionNumber":"sec.152A","sectionType":"section","heading":null,"content":"### Section sec.152A\n\ns 152A ins 2012 No. 42 s 50\nom 2016 No. 12 s 363","sortOrder":358},{"sectionNumber":"sec.153","sectionType":"section","heading":"Interfering with particular things at licensed venue or places for holding trials","content":"### sec.153 Interfering with particular things at licensed venue or places for holding trials\n\nThis section applies to all of the following—\na lighting, power or control system, lure drive, or any other plant or equipment, used in connection with holding a race or trial at a licensed venue or holding a trial at another place;\na course prepared or laid out for holding the race or trial.\nA person must not interfere with a thing to which this section applies without permission from the responsible person for the licensed venue or place.\nMaximum penalty—400 penalty units or 2 years imprisonment.\nIn this section—\ninterfere with , in relation to the operation of plant or equipment or to a course, includes altering, damaging, destroying or removing the plant, equipment or course, or a part of the plant, equipment or course.\nresponsible person , for a licensed venue or a place, means—\nfor a day on which a race meeting is to be held at the licensed venue or on which a trial is to be held at the place—the control body managing the licensed venue or place; or\nfor another day—the licensed club responsible for the licensed venue or the owner of the place.\ns 153 prev s 153 sub 2009 No. 24 s 724 (amd 2009 No. 48 s 101 )\namd 2012 No. 42 s 51\nom 2016 No. 12 s 363\npres s 153 amd 2016 No. 12 s 373\n(sec.153-ssec.1) This section applies to all of the following— a lighting, power or control system, lure drive, or any other plant or equipment, used in connection with holding a race or trial at a licensed venue or holding a trial at another place; a course prepared or laid out for holding the race or trial.\n(sec.153-ssec.2) A person must not interfere with a thing to which this section applies without permission from the responsible person for the licensed venue or place. Maximum penalty—400 penalty units or 2 years imprisonment.\n(sec.153-ssec.3) In this section— interfere with , in relation to the operation of plant or equipment or to a course, includes altering, damaging, destroying or removing the plant, equipment or course, or a part of the plant, equipment or course. responsible person , for a licensed venue or a place, means— for a day on which a race meeting is to be held at the licensed venue or on which a trial is to be held at the place—the control body managing the licensed venue or place; or for another day—the licensed club responsible for the licensed venue or the owner of the place.\n- (a) a lighting, power or control system, lure drive, or any other plant or equipment, used in connection with holding a race or trial at a licensed venue or holding a trial at another place;\n- (b) a course prepared or laid out for holding the race or trial.\n- (a) for a day on which a race meeting is to be held at the licensed venue or on which a trial is to be held at the place—the control body managing the licensed venue or place; or\n- (b) for another day—the licensed club responsible for the licensed venue or the owner of the place.","sortOrder":359},{"sectionNumber":"sec.154","sectionType":"section","heading":"Attempt to commit offence","content":"### sec.154 Attempt to commit offence\n\nA person who attempts to commit an offence against this Act commits an offence.\nMaximum penalty for an attempt—the maximum penalty for the completed offence.\nThe Criminal Code , section 4 applies to subsection (1) .\nA person may be convicted of attempting to commit an offence against this Act on a complaint or indictment charging the person with the offence.\ns 154 prev s 154 amd 2006 No. 18 s 3 sch\nsub 2009 No. 24 s 724\namd 2012 No. 42 s 52\nom 2016 No. 12 s 363\n(sec.154-ssec.1) A person who attempts to commit an offence against this Act commits an offence. Maximum penalty for an attempt—the maximum penalty for the completed offence.\n(sec.154-ssec.2) The Criminal Code , section 4 applies to subsection (1) .\n(sec.154-ssec.3) A person may be convicted of attempting to commit an offence against this Act on a complaint or indictment charging the person with the offence. s 154 prev s 154 amd 2006 No. 18 s 3 sch sub 2009 No. 24 s 724 amd 2012 No. 42 s 52 om 2016 No. 12 s 363","sortOrder":360},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":361},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":362},{"sectionNumber":"sec.155","sectionType":"section","heading":"Application of division","content":"### sec.155 Application of division\n\nThis division applies to a proceeding under this Act.\ns 155 orig s 155 om 2009 No. 24 s 724\nprev s 155 ins 2012 No. 42 s 53\nom 2016 No. 12 s 363\npres s 155 amd 2016 No. 12 s 389 s ch 2 pt 1","sortOrder":363},{"sectionNumber":"sec.156","sectionType":"section","heading":"Appointments and authority","content":"### sec.156 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of the Minister or the chief executive and the authority of the Minister or chief executive to do anything under this Act;\nthe appointment of a person as a member, the chairperson, the deputy chairperson or the chief executive officer;\nthe approval of a corporation as a control body.\ns 156 prev s 156 om 2009 No. 24 s 724\npres s 156 amd 2016 No. 12 s 374\n- (a) the appointment of the Minister or the chief executive and the authority of the Minister or chief executive to do anything under this Act;\n- (b) the appointment of a person as a member, the chairperson, the deputy chairperson or the chief executive officer;\n- (c) the approval of a corporation as a control body.","sortOrder":364},{"sectionNumber":"sec.157","sectionType":"section","heading":"Signatures","content":"### sec.157 Signatures\n\nA signature purporting to be that of any of the following persons is evidence of the signature that it purports to be—\nthe Minister;\nthe chief executive;\na member, the chairperson, the deputy chairperson or the chief executive officer;\na person who is an executive officer of a corporation that is a control body.\ns 157 prev s 157 om 2009 No. 24 s 724\npres s 157 amd 2016 No. 12 s 375\n- (a) the Minister;\n- (b) the chief executive;\n- (c) a member, the chairperson, the deputy chairperson or the chief executive officer;\n- (d) a person who is an executive officer of a corporation that is a control body.","sortOrder":365},{"sectionNumber":"sec.158","sectionType":"section","heading":"Evidentiary aids—documents","content":"### sec.158 Evidentiary aids—documents\n\nA document purporting to be a copy of an appointment, approval, direction, licence, notice or other document made or given under this Act is evidence of the appointment, approval, direction, licence, notice or other document and of the matters contained in it.\ns 158 prev s 158 om 2009 No. 24 s 724\npres s 158 sub 2016 No. 12 s 376","sortOrder":366},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Matters about offence proceedings, indictable and summary offences","content":"## Matters about offence proceedings, indictable and summary offences","sortOrder":367},{"sectionNumber":"sec.159","sectionType":"section","heading":"Types of offences","content":"### sec.159 Types of offences\n\nSubject to subsection (2) , an offence against this Act is a summary offence.\nAn offence against section 133 is an indictable offence that is a misdemeanour.\ns 159 prev s 159 om 2009 No. 24 s 724\npres s 159 amd 2009 No. 41 s 98 ; 2012 No. 42 s 75 sch ; 2016 No. 12 s 377\n(sec.159-ssec.1) Subject to subsection (2) , an offence against this Act is a summary offence.\n(sec.159-ssec.2) An offence against section 133 is an indictable offence that is a misdemeanour.","sortOrder":368},{"sectionNumber":"sec.160","sectionType":"section","heading":"Proceedings for indictable offence","content":"### sec.160 Proceedings for indictable offence\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceeding under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate believes the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\ns 160 prev s 160 om 2009 No. 24 s 724\n(sec.160-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceeding under the Justices Act 1886 ; or on indictment.\n(sec.160-ssec.2) A magistrate must not hear an indictable offence summarily if— the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or the magistrate believes the charge should be prosecuted on indictment.\n(sec.160-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n- (a) by way of summary proceeding under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate believes the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":369},{"sectionNumber":"sec.161","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence","content":"### sec.161 Limitation on who may summarily hear indictable offence\n\nThe proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\ns 161 prev s 161 om 2009 No. 24 s 724\n(sec.161-ssec.1) The proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.161-ssec.2) However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":370},{"sectionNumber":"sec.162","sectionType":"section","heading":"Limitation on time for starting summary proceeding","content":"### sec.162 Limitation on time for starting summary proceeding\n\nA proceeding for a summary offence against this Act by way of summary proceeding under the Justices Act 1886 must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\ns 162 prev s 162 sub 2005 No. 14 s 2 sch\nom 2009 No. 24 s 724\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":371},{"sectionNumber":"sec.163","sectionType":"section","heading":"Increased penalties","content":"### sec.163 Increased penalties\n\nA conviction for an offence against this Act or the repealed Act is not, after 10 years from the date of the conviction, receivable in evidence against a person for the purpose of subjecting the person to an increased penalty or to a forfeiture under this Act.\ns 163 prev s 163 amd 2005 No. 14 s 2 sch\nom 2009 No. 24 s 724","sortOrder":372},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":373},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":374},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":375},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":376},{"sectionNumber":"sec.171","sectionType":"section","heading":"Repeal of Racing and Betting Act","content":"### sec.171 Repeal of Racing and Betting Act\n\nThe Racing and Betting Act 1980 ( 1980 Act No. 43 ) is repealed.\ns 171 prev s 171 amd 2005 No. 14 s 2 sch\nom 2009 No. 24 s 724","sortOrder":377},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Transitional provision for Racing Act 2002","content":"# Transitional provision for Racing Act 2002","sortOrder":378},{"sectionNumber":"sec.172","sectionType":"section","heading":"References to repealed Act","content":"### sec.172 References to repealed Act\n\nIn an Act or document, a reference to the Racing and Betting Act 1980 may, if the context permits, be taken to be a reference to this Act.\ns 172 prev s 172 om 2009 No. 24 s 724","sortOrder":379},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Transitional provisions for Racing Amendment Act 2008","content":"# Transitional provisions for Racing Amendment Act 2008","sortOrder":380},{"sectionNumber":"sec.173","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.173 Definitions for pt 3\n\nIn this part—\ncommencement means 1 July 2008.\ncorresponding new control body , for a former board, means—\nfor the Greyhound Authority—the new greyhound control body; or\nfor the Harness Racing Board—the new harness control body.\nformer board means the Greyhound Authority or the Harness Racing Board.\nnew greyhound control body means Greyhounds Queensland Limited ACN 128 067 247 approved as the control body for greyhound racing.\nnew harness control body means Queensland Harness Racing Limited ACN 128 036 000 approved as the control body for harness racing.\ns 173 prev s 173 om 2009 No. 24 s 724\npres s 173 ins 2008 No. 24 s 24\n- (a) for the Greyhound Authority—the new greyhound control body; or\n- (b) for the Harness Racing Board—the new harness control body.","sortOrder":381},{"sectionNumber":"sec.174","sectionType":"section","heading":"Proceedings","content":"### sec.174 Proceedings\n\nA proceeding that could have been started by or against a former board before the commencement may be started by or against the corresponding new control body.\nFrom the commencement, an existing proceeding may be continued and finished by or against the corresponding new control body.\nIn this section—\nexisting proceeding means a proceeding that—\nwas taken by or against a following person before the commencement—\na former board;\na member of a former board in the capacity as a member of the former board; and\nhas not been finished before the commencement.\ns 174 prev s 174 om 2009 No. 24 s 724\npres s 174 ins 2008 No. 24 s 24\n(sec.174-ssec.1) A proceeding that could have been started by or against a former board before the commencement may be started by or against the corresponding new control body.\n(sec.174-ssec.2) From the commencement, an existing proceeding may be continued and finished by or against the corresponding new control body.\n(sec.174-ssec.3) In this section— existing proceeding means a proceeding that— was taken by or against a following person before the commencement— a former board; a member of a former board in the capacity as a member of the former board; and has not been finished before the commencement.\n- (a) was taken by or against a following person before the commencement— (i) a former board; (ii) a member of a former board in the capacity as a member of the former board; and\n- (i) a former board;\n- (ii) a member of a former board in the capacity as a member of the former board; and\n- (b) has not been finished before the commencement.\n- (i) a former board;\n- (ii) a member of a former board in the capacity as a member of the former board; and","sortOrder":382},{"sectionNumber":"sec.175","sectionType":"section","heading":"Things done by former board","content":"### sec.175 Things done by former board\n\nAnything done by a former board under this Act—\ncontinues to have effect; and\nfrom the commencement, is taken to have been done by the corresponding new control body.\nWithout limiting subsection (1), on the commencement—\na policy of a former board that was in effect immediately before the commencement continues as if it were a policy of the corresponding new control body; and\nrules of racing made by a former board and in force immediately before the commencement continue as if they were rules of racing made by the corresponding new control body; and\na licence issued or taken to be issued by a former board before the commencement that is in force immediately before the commencement continues as if it had been issued by the corresponding new control body; and\na racing calendar prepared by a former board for a period ending after the commencement continues as if it had been prepared by the corresponding new control body.\ns 175 prev s 175 om 2009 No. 24 s 724\npres s 175 ins 2008 No. 24 s 24\n(sec.175-ssec.1) Anything done by a former board under this Act— continues to have effect; and from the commencement, is taken to have been done by the corresponding new control body.\n(sec.175-ssec.2) Without limiting subsection (1), on the commencement— a policy of a former board that was in effect immediately before the commencement continues as if it were a policy of the corresponding new control body; and rules of racing made by a former board and in force immediately before the commencement continue as if they were rules of racing made by the corresponding new control body; and a licence issued or taken to be issued by a former board before the commencement that is in force immediately before the commencement continues as if it had been issued by the corresponding new control body; and a racing calendar prepared by a former board for a period ending after the commencement continues as if it had been prepared by the corresponding new control body.\n- (a) continues to have effect; and\n- (b) from the commencement, is taken to have been done by the corresponding new control body.\n- (a) a policy of a former board that was in effect immediately before the commencement continues as if it were a policy of the corresponding new control body; and\n- (b) rules of racing made by a former board and in force immediately before the commencement continue as if they were rules of racing made by the corresponding new control body; and\n- (c) a licence issued or taken to be issued by a former board before the commencement that is in force immediately before the commencement continues as if it had been issued by the corresponding new control body; and\n- (d) a racing calendar prepared by a former board for a period ending after the commencement continues as if it had been prepared by the corresponding new control body.","sortOrder":383},{"sectionNumber":"sec.176","sectionType":"section","heading":"Continuing application of confidentiality obligation to members and employees of former continuing boards","content":"### sec.176 Continuing application of confidentiality obligation to members and employees of former continuing boards\n\nA person who was a member or employee of a former board is taken to be a control body officer under section 148.\ns 176 prev s 176 om 2009 No. 24 s 724\npres s 176 ins 2008 No. 24 s 24","sortOrder":384},{"sectionNumber":"sec.177","sectionType":"section","heading":"Pt 3 does not affect existing legal relationships","content":"### sec.177 Pt 3 does not affect existing legal relationships\n\nNothing done under this part in relation to a former board—\nplaces the corresponding new control body in breach of a contract, trust or confidence or otherwise makes the corresponding new control body guilty of a civil wrong; or\nmakes the corresponding new control body in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, transfer or assumption of a right or liability; or\nis taken to fulfil a condition or otherwise constitute an event—\nallowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or\nrequiring money to be paid, or anything else to be done, before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\ns 177 prev s 177 amd 2005 No. 14 s 2 sch\nom 2009 No. 24 s 724\npres s 177 ins 2008 No. 24 s 24\n- (a) places the corresponding new control body in breach of a contract, trust or confidence or otherwise makes the corresponding new control body guilty of a civil wrong; or\n- (b) makes the corresponding new control body in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, transfer or assumption of a right or liability; or\n- (c) is taken to fulfil a condition or otherwise constitute an event— (i) allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or (ii) requiring money to be paid, or anything else to be done, before its stated maturity; or\n- (i) allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or\n- (ii) requiring money to be paid, or anything else to be done, before its stated maturity; or\n- (d) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or\n- (ii) requiring money to be paid, or anything else to be done, before its stated maturity; or","sortOrder":385},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Transitional provisions for the Racing and Other Legislation Amendment Act 2010","content":"# Transitional provisions for the Racing and Other Legislation Amendment Act 2010","sortOrder":386},{"sectionNumber":"sec.178","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.178 Definitions for pt 4\n\nIn this part—\ncommencement means 1 July 2010.\nformer control body means each of the following—\nQueensland Racing Limited ACN 116 735 374;\nGreyhounds Queensland Limited ACN 128 067 247;\nQueensland Harness Racing Limited ACN 128 036 000.\nnew control body means Racing Queensland Limited ACN 142 786 874.\ns 178 prev s 178 om 2009 No. 24 s 724\npres 178 ins 2010 No. 22 s 23\n- (a) Queensland Racing Limited ACN 116 735 374;\n- (b) Greyhounds Queensland Limited ACN 128 067 247;\n- (c) Queensland Harness Racing Limited ACN 128 036 000.","sortOrder":387},{"sectionNumber":"sec.179","sectionType":"section","heading":"Proceedings","content":"### sec.179 Proceedings\n\nA proceeding that could have been started by or against a former control body before the commencement may be started by or against the new control body.\nFrom the commencement, an existing proceeding may be continued and finished by or against the new control body.\nIn this section—\nexisting proceeding means a proceeding that—\nwas taken by or against one of the following before the commencement—\na former control body;\na person who was a member of a former control body, in the person’s capacity as a member; and\nhas not been finished before the commencement.\ns 179 prev s 179 om 2009 No. 24 s 724\npres s 179 ins 2010 No. 22 s 23\n(sec.179-ssec.1) A proceeding that could have been started by or against a former control body before the commencement may be started by or against the new control body.\n(sec.179-ssec.2) From the commencement, an existing proceeding may be continued and finished by or against the new control body.\n(sec.179-ssec.3) In this section— existing proceeding means a proceeding that— was taken by or against one of the following before the commencement— a former control body; a person who was a member of a former control body, in the person’s capacity as a member; and has not been finished before the commencement.\n- (a) was taken by or against one of the following before the commencement— (i) a former control body; (ii) a person who was a member of a former control body, in the person’s capacity as a member; and\n- (i) a former control body;\n- (ii) a person who was a member of a former control body, in the person’s capacity as a member; and\n- (b) has not been finished before the commencement.\n- (i) a former control body;\n- (ii) a person who was a member of a former control body, in the person’s capacity as a member; and","sortOrder":388},{"sectionNumber":"sec.180","sectionType":"section","heading":"Things done by former control bodies","content":"### sec.180 Things done by former control bodies\n\nAnything done by a former control body under this Act—\ncontinues to have effect; and\nfrom the commencement, is taken to have been done by the new control body.\nWithout limiting subsection (1), on the commencement—\na policy of a former control body in effect immediately before the commencement continues as if it were a policy of the new control body; and\nrules of racing made by a former control body and in force immediately before the commencement continue as if they were rules of racing made by the new control body; and\na licence issued or taken to be issued by a former control body before the commencement and in force immediately before the commencement continues as if it had been issued by the new control body; and\na racing calendar prepared by a former control body for a period ending after the commencement continues as if it had been prepared by the new control body.\ns 180 prev s 180 om 2009 No. 24 s 724\npres s 180 ins 2010 No. 22 s 23\n(sec.180-ssec.1) Anything done by a former control body under this Act— continues to have effect; and from the commencement, is taken to have been done by the new control body.\n(sec.180-ssec.2) Without limiting subsection (1), on the commencement— a policy of a former control body in effect immediately before the commencement continues as if it were a policy of the new control body; and rules of racing made by a former control body and in force immediately before the commencement continue as if they were rules of racing made by the new control body; and a licence issued or taken to be issued by a former control body before the commencement and in force immediately before the commencement continues as if it had been issued by the new control body; and a racing calendar prepared by a former control body for a period ending after the commencement continues as if it had been prepared by the new control body.\n- (a) continues to have effect; and\n- (b) from the commencement, is taken to have been done by the new control body.\n- (a) a policy of a former control body in effect immediately before the commencement continues as if it were a policy of the new control body; and\n- (b) rules of racing made by a former control body and in force immediately before the commencement continue as if they were rules of racing made by the new control body; and\n- (c) a licence issued or taken to be issued by a former control body before the commencement and in force immediately before the commencement continues as if it had been issued by the new control body; and\n- (d) a racing calendar prepared by a former control body for a period ending after the commencement continues as if it had been prepared by the new control body.","sortOrder":389},{"sectionNumber":"sec.181","sectionType":"section","heading":"Rights and obligations of former control bodies under this Act","content":"### sec.181 Rights and obligations of former control bodies under this Act\n\nWithout limiting any other provision in this part, a right or obligation of a former control body under this Act immediately before the commencement becomes a right or obligation of the new control body.\ns 181 prev s 181 om 2009 No. 24 s 724\npres s 181 ins 2010 No. 22 s 23","sortOrder":390},{"sectionNumber":"sec.182","sectionType":"section","heading":"Pt 4 does not affect existing legal relationships","content":"### sec.182 Pt 4 does not affect existing legal relationships\n\nNothing done under this part in relation to a former control body—\nplaces the new control body in breach of a contract, trust or confidence or otherwise makes the new control body guilty of a civil wrong; or\nmakes the new control body in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, transfer or assumption of a right or liability; or\nis taken to fulfil a condition or otherwise constitute an event—\nallowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or\nrequiring money to be paid, or anything else to be done, before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\ns 182 prev s 182 om 2009 No. 24 s 724\npres s 182 ins 2010 No. 22 s 23\n- (a) places the new control body in breach of a contract, trust or confidence or otherwise makes the new control body guilty of a civil wrong; or\n- (b) makes the new control body in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, transfer or assumption of a right or liability; or\n- (c) is taken to fulfil a condition or otherwise constitute an event— (i) allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or (ii) requiring money to be paid, or anything else to be done, before its stated maturity; or\n- (i) allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or\n- (ii) requiring money to be paid, or anything else to be done, before its stated maturity; or\n- (d) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or\n- (ii) requiring money to be paid, or anything else to be done, before its stated maturity; or","sortOrder":391},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Transitional provisions for Racing and Other Legislation Amendment Act 2012","content":"# Transitional provisions for Racing and Other Legislation Amendment Act 2012","sortOrder":392},{"sectionNumber":"ch.7-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":393},{"sectionNumber":"sec.183","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.183 Definitions for pt 5\n\nIn this part—\namending Act means the Racing and Other Legislation Amendment Act 2012 .\ncommencement means the commencement of the provision in which the term is used.\ncontrol body means a control body under the unamended Act.\nformer , in relation to a provision, means as in force immediately before the repeal or amendment of the provision by the amending Act.\nformer control body means Racing Queensland Limited ACN 142 786 874.\nunamended Act means this Act as in force before the commencement.\ns 183 prev s 183 om 2009 No. 24 s 724\npres s 183 ins 2012 No. 42 s 73","sortOrder":394},{"sectionNumber":"ch.7-pt.5-div.2","sectionType":"division","heading":"Provisions relating to former control body","content":"## Provisions relating to former control body","sortOrder":395},{"sectionNumber":"sec.184","sectionType":"section","heading":"Continuity of employment","content":"### sec.184 Continuity of employment\n\nThis section applies to the transfer of an employee of the former control body to the all-codes board under section 449.\nThe transfer does not—\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or\nconstitute a termination of employment by the former control body or a retrenchment or redundancy; or\nentitle the employee to a payment or other benefit because he or she is no longer employed by the former control body; or\nrequire the former control body to make any payment for the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former control body and the employee.\nThe transfer has effect despite any other law, contract or other instrument.\ns 184 prev s 184 om 2009 No. 24 s 724\npres s 184 ins 2012 No. 42 s 73\n(sec.184-ssec.1) This section applies to the transfer of an employee of the former control body to the all-codes board under section 449.\n(sec.184-ssec.2) The transfer does not— interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or constitute a termination of employment by the former control body or a retrenchment or redundancy; or entitle the employee to a payment or other benefit because he or she is no longer employed by the former control body; or require the former control body to make any payment for the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former control body and the employee.\n(sec.184-ssec.3) The transfer has effect despite any other law, contract or other instrument.\n- (a) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or\n- (b) constitute a termination of employment by the former control body or a retrenchment or redundancy; or\n- (c) entitle the employee to a payment or other benefit because he or she is no longer employed by the former control body; or\n- (d) require the former control body to make any payment for the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former control body and the employee.","sortOrder":396},{"sectionNumber":"sec.185","sectionType":"section","heading":"Proceedings","content":"### sec.185 Proceedings\n\nA proceeding that could have been started by or against the former control body before the commencement may be started by or against the all-codes board.\nFrom the commencement, an existing proceeding may be continued and finished by or against the all-codes board.\nIn this section—\nexisting proceeding means a proceeding that—\nwas taken by or against one of the following before the commencement—\nthe former control body;\na person who was a member of the former control body, in the person’s capacity as a member; and\nhas not been finished before the commencement.\ns 185 prev s 185 amd 2005 No. 14 s 2 sch\nom 2009 No. 24 s 724\npres s 185 ins 2012 No. 42 s 73\n(sec.185-ssec.1) A proceeding that could have been started by or against the former control body before the commencement may be started by or against the all-codes board.\n(sec.185-ssec.2) From the commencement, an existing proceeding may be continued and finished by or against the all-codes board.\n(sec.185-ssec.3) In this section— existing proceeding means a proceeding that— was taken by or against one of the following before the commencement— the former control body; a person who was a member of the former control body, in the person’s capacity as a member; and has not been finished before the commencement.\n- (a) was taken by or against one of the following before the commencement— (i) the former control body; (ii) a person who was a member of the former control body, in the person’s capacity as a member; and\n- (i) the former control body;\n- (ii) a person who was a member of the former control body, in the person’s capacity as a member; and\n- (b) has not been finished before the commencement.\n- (i) the former control body;\n- (ii) a person who was a member of the former control body, in the person’s capacity as a member; and","sortOrder":397},{"sectionNumber":"sec.186","sectionType":"section","heading":"Things done by former control body","content":"### sec.186 Things done by former control body\n\nAnything done by the former control body under this Act—\ncontinues to have effect; and\non the commencement, is taken to have been done by the all-codes board.\nWithout limiting subsection (1)—\na policy of the former control body in effect immediately before the commencement continues as if it were a policy of the all-codes board; and\nrules of racing made by the former control body and in force immediately before the commencement continue as if they were rules of racing made by the all-codes board; and\na licence issued or taken to be issued by the former control body before the commencement and in force immediately before the commencement continues as if it had been issued by the all-codes board; and\na racing calendar prepared by the former control body for a period ending after the commencement continues as if it had been prepared by the all-codes board.\ns 186 prev s 186 om 2009 No. 24 s 724\npres s 186 ins 2012 No. 42 s 73\n(sec.186-ssec.1) Anything done by the former control body under this Act— continues to have effect; and on the commencement, is taken to have been done by the all-codes board.\n(sec.186-ssec.2) Without limiting subsection (1)— a policy of the former control body in effect immediately before the commencement continues as if it were a policy of the all-codes board; and rules of racing made by the former control body and in force immediately before the commencement continue as if they were rules of racing made by the all-codes board; and a licence issued or taken to be issued by the former control body before the commencement and in force immediately before the commencement continues as if it had been issued by the all-codes board; and a racing calendar prepared by the former control body for a period ending after the commencement continues as if it had been prepared by the all-codes board.\n- (a) continues to have effect; and\n- (b) on the commencement, is taken to have been done by the all-codes board.\n- (a) a policy of the former control body in effect immediately before the commencement continues as if it were a policy of the all-codes board; and\n- (b) rules of racing made by the former control body and in force immediately before the commencement continue as if they were rules of racing made by the all-codes board; and\n- (c) a licence issued or taken to be issued by the former control body before the commencement and in force immediately before the commencement continues as if it had been issued by the all-codes board; and\n- (d) a racing calendar prepared by the former control body for a period ending after the commencement continues as if it had been prepared by the all-codes board.","sortOrder":398},{"sectionNumber":"sec.187","sectionType":"section","heading":"Rights and obligations of former control body under this Act","content":"### sec.187 Rights and obligations of former control body under this Act\n\nWithout limiting any other provision in this part, a right or obligation of the former control body under this Act immediately before the commencement becomes a right or obligation of the all-codes board.\ns 187 prev s 187 om 2009 No. 24 s 724\npres s 187 ins 2012 No. 42 s 73","sortOrder":399},{"sectionNumber":"sec.188","sectionType":"section","heading":"Continuation of action started against licensed club under ch 3, pt 4","content":"### sec.188 Continuation of action started against licensed club under ch 3, pt 4\n\nThis section applies if, before the commencement, the former control body—\ngave a licensed club a show cause notice under chapter 3, part 4; and\nhad not decided whether to take action under the part in relation to the club.\nChapter 3, part 4 continues to apply from the commencement in relation to the show cause notice as if the notice had been given by the all-codes board.\nThis section does not limit section 186(1).\ns 188 prev s 188 amd 2005 No. 14 s 2 sch\nom 2009 No. 24 s 724\npres s 188 ins 2012 No. 42 s 73\n(sec.188-ssec.1) This section applies if, before the commencement, the former control body— gave a licensed club a show cause notice under chapter 3, part 4; and had not decided whether to take action under the part in relation to the club.\n(sec.188-ssec.2) Chapter 3, part 4 continues to apply from the commencement in relation to the show cause notice as if the notice had been given by the all-codes board.\n(sec.188-ssec.3) This section does not limit section 186(1).\n- (a) gave a licensed club a show cause notice under chapter 3, part 4; and\n- (b) had not decided whether to take action under the part in relation to the club.","sortOrder":400},{"sectionNumber":"sec.189","sectionType":"section","heading":"Existing legal relationships not affected","content":"### sec.189 Existing legal relationships not affected\n\nNothing done under this part in relation to the former control body—\nplaces the all-codes board in breach of a contract, trust or confidence or otherwise makes the all-codes board guilty of a civil wrong; or\nmakes the all-codes board in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, transfer or assumption of a right or liability; or\nis taken to fulfil a condition or otherwise constitute an event—\nallowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or\nrequiring money to be paid, or anything else to be done, before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\ns 189 prev s 189 om 2009 No. 24 s 724\npres s 189 ins 2012 No. 42 s 73\n- (a) places the all-codes board in breach of a contract, trust or confidence or otherwise makes the all-codes board guilty of a civil wrong; or\n- (b) makes the all-codes board in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, transfer or assumption of a right or liability; or\n- (c) is taken to fulfil a condition or otherwise constitute an event— (i) allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or (ii) requiring money to be paid, or anything else to be done, before its stated maturity; or\n- (i) allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or\n- (ii) requiring money to be paid, or anything else to be done, before its stated maturity; or\n- (d) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or\n- (ii) requiring money to be paid, or anything else to be done, before its stated maturity; or","sortOrder":401},{"sectionNumber":"sec.190","sectionType":"section","heading":"References to control body or former control body","content":"### sec.190 References to control body or former control body\n\nIn an Act or document, a reference to a control body or the former control body may, if the context permits, be taken as a reference to the all-codes board.\ns 190 prev s 190 om 2009 No. 24 s 724\npres s 190 ins 2012 No. 42 s 73","sortOrder":402},{"sectionNumber":"ch.7-pt.5-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":403},{"sectionNumber":"sec.191","sectionType":"section","heading":"Destruction of fingerprints","content":"### sec.191 Destruction of fingerprints\n\nSubsection (2) applies if—\nbefore the commencement, the chief executive obtained the fingerprints of any individual who is an approval applicant’s business associate or executive associate; and\nafter the commencement, the Minister—\nrefuses to grant the approval application; or\ngrants the approval but the approval is later cancelled.\nThe chief executive must destroy the fingerprints.\nFormer section 32 (2) continues to apply from the commencement to the chief executive in relation to an individual who was a business associate or executive associate of a control body as if former section 32 had not been repealed by the amending Act.\ns 191 prev s 191 om 2009 No. 24 s 724\npres s 191 ins 2012 No. 42 s 73\n(sec.191-ssec.1) Subsection (2) applies if— before the commencement, the chief executive obtained the fingerprints of any individual who is an approval applicant’s business associate or executive associate; and after the commencement, the Minister— refuses to grant the approval application; or grants the approval but the approval is later cancelled.\n(sec.191-ssec.2) The chief executive must destroy the fingerprints.\n(sec.191-ssec.3) Former section 32 (2) continues to apply from the commencement to the chief executive in relation to an individual who was a business associate or executive associate of a control body as if former section 32 had not been repealed by the amending Act.\n- (a) before the commencement, the chief executive obtained the fingerprints of any individual who is an approval applicant’s business associate or executive associate; and\n- (b) after the commencement, the Minister— (i) refuses to grant the approval application; or (ii) grants the approval but the approval is later cancelled.\n- (i) refuses to grant the approval application; or\n- (ii) grants the approval but the approval is later cancelled.\n- (i) refuses to grant the approval application; or\n- (ii) grants the approval but the approval is later cancelled.","sortOrder":404},{"sectionNumber":"sec.192","sectionType":"section","heading":"Continued protection for persons about whom background documents obtained","content":"### sec.192 Continued protection for persons about whom background documents obtained\n\nSection 149 applies from the commencement as if section 148, definition background document included a reference to the fingerprints of a person obtained by the chief executive or a control body.\ns 192 prev s 192 om 2009 No. 24 s 724\npres s 192 ins 2012 No. 42 s 73","sortOrder":405},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013","content":"# Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013","sortOrder":406},{"sectionNumber":"sec.193","sectionType":"section","heading":"Applications not finally decided","content":"### sec.193 Applications not finally decided\n\nThis section applies if, immediately before the commencement, the gaming executive had not finally decided an application for an eligibility certificate.\nThe chief executive must decide the application under this Act as amended by the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 .\nIn this section—\ncommencement means the commencement of this section.\ns 193 prev s 193 om 2009 No. 24 s 724\npres s 193 ins 2013 No. 64 s 156\n(sec.193-ssec.1) This section applies if, immediately before the commencement, the gaming executive had not finally decided an application for an eligibility certificate.\n(sec.193-ssec.2) The chief executive must decide the application under this Act as amended by the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 .\n(sec.193-ssec.3) In this section— commencement means the commencement of this section.","sortOrder":407},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":408},{"sectionNumber":"sec.194","sectionType":"section","heading":"Definitions for chapter","content":"### sec.194 Definitions for chapter\n\nIn this chapter—\nall-codes board means the Queensland All Codes Racing Industry Board as established under this Act before the commencement.\nUnder section 6, the Queensland All Codes Racing Industry Board is continued in existence under this Act under the name Racing Queensland Board and is referred to as the board. The use of ‘all-codes board’ is to help with understanding this chapter.\nmade includes given and issued.\npre-amended Act means this Act as in force immediately before the commencement.\nprevious , for a stated provision that includes a number, means the provision with that number immediately before the commencement.\ns 194 prev s 194 amd 2012 No. 42 s 54\nom 2016 No. 12 s 363\npres s 194 ins 2016 No. 12 s 387","sortOrder":409},{"sectionNumber":"sec.195","sectionType":"section","heading":"Purpose of chapter and relationship with Racing Integrity Act","content":"### sec.195 Purpose of chapter and relationship with Racing Integrity Act\n\nThe purpose of this chapter is to make provisions for some matters under this Act as in force or as existing immediately before the commencement.\nThe Racing Integrity Act, chapter 8 states how particular matters dealt with under this Act before the commencement continue as matters under the Racing Integrity Act.\nAlso, a regulation made under the Racing Integrity Act, section 293 may provide for how a matter dealt with under this Act before the commencement is to be dealt with under that Act.\nSee also section 225.\nThis chapter does not limit the Acts Interpretation Act 1954 , part 6 unless there is a statement to the contrary.\nDespite the repeal of previous section 6, bets made before the commencement are lawful bets.\nAn omission to disclose the nature of an interest as mentioned in section 41(2) is only an offence if committed after the commencement.\ns 195 prev s 194 amd 2012 No. 42 s 55\nom 2016 No. 12 s 363\npres s 195 ins 2016 No. 12 s 387\n(sec.195-ssec.1) The purpose of this chapter is to make provisions for some matters under this Act as in force or as existing immediately before the commencement.\n(sec.195-ssec.2) The Racing Integrity Act, chapter 8 states how particular matters dealt with under this Act before the commencement continue as matters under the Racing Integrity Act.\n(sec.195-ssec.3) Also, a regulation made under the Racing Integrity Act, section 293 may provide for how a matter dealt with under this Act before the commencement is to be dealt with under that Act. See also section 225.\n(sec.195-ssec.4) This chapter does not limit the Acts Interpretation Act 1954 , part 6 unless there is a statement to the contrary. Despite the repeal of previous section 6, bets made before the commencement are lawful bets. An omission to disclose the nature of an interest as mentioned in section 41(2) is only an offence if committed after the commencement.\n- 1 Despite the repeal of previous section 6, bets made before the commencement are lawful bets.\n- 2 An omission to disclose the nature of an interest as mentioned in section 41(2) is only an offence if committed after the commencement.","sortOrder":410},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Provisions relating to chapter 2","content":"# Provisions relating to chapter 2","sortOrder":411},{"sectionNumber":"sec.196","sectionType":"section","heading":"Working out net UBET product fee for the year of commencement","content":"### sec.196 Working out net UBET product fee for the year of commencement\n\nThis section applies for the purposes of the application of section 12 for the commencement year.\nFor the purposes of working out the net UBET product fee under section 12 in relation to a control body for the commencement year—\nthe amounts to be subtracted from the product fee paid to the control body for the commencement year are also to include amounts paid in the year but before the commencement by the control body to an accredited facility; and\nprize money for non-UBET thoroughbred races conducted during the commencement year by non-UBET thoroughbred clubs includes amounts paid as prize money for non-TABQ thoroughbred races conducted in that year by non-TABQ thoroughbred clubs under the pre-amended Act.\nIn this section—\naccredited facility means a facility that was an accredited facility before the commencement.\ncommencement year means the financial year in which this section commenced.\nnet UBET product fee , for the commencement year, includes any amount received by the board in the nature of a product fee even if it was identified as a UNiTAB product fee or otherwise.\ns 196 prev s 196 amd 2012 No. 42 s 56\nom 2016 No. 12 s 363\npres s 196 ins 2016 No. 12 s 387\n(sec.196-ssec.1) This section applies for the purposes of the application of section 12 for the commencement year.\n(sec.196-ssec.2) For the purposes of working out the net UBET product fee under section 12 in relation to a control body for the commencement year— the amounts to be subtracted from the product fee paid to the control body for the commencement year are also to include amounts paid in the year but before the commencement by the control body to an accredited facility; and prize money for non-UBET thoroughbred races conducted during the commencement year by non-UBET thoroughbred clubs includes amounts paid as prize money for non-TABQ thoroughbred races conducted in that year by non-TABQ thoroughbred clubs under the pre-amended Act.\n(sec.196-ssec.3) In this section— accredited facility means a facility that was an accredited facility before the commencement. commencement year means the financial year in which this section commenced. net UBET product fee , for the commencement year, includes any amount received by the board in the nature of a product fee even if it was identified as a UNiTAB product fee or otherwise.\n- (a) the amounts to be subtracted from the product fee paid to the control body for the commencement year are also to include amounts paid in the year but before the commencement by the control body to an accredited facility; and\n- (b) prize money for non-UBET thoroughbred races conducted during the commencement year by non-UBET thoroughbred clubs includes amounts paid as prize money for non-TABQ thoroughbred races conducted in that year by non-TABQ thoroughbred clubs under the pre-amended Act.","sortOrder":412},{"sectionNumber":"sec.197","sectionType":"section","heading":"Existing member of all-codes board","content":"### sec.197 Existing member of all-codes board\n\nA person who was a member of the all-codes board immediately before the commencement stops being a member.\nSubsection (1) applies despite the Acts Interpretation Act 1954 , section 20B.\ns 197 prev s 197 amd 2012 No. 42 s 57\nom 2016 No. 12 s 363\npres s 197 ins 2016 No. 12 s 387\n(sec.197-ssec.1) A person who was a member of the all-codes board immediately before the commencement stops being a member.\n(sec.197-ssec.2) Subsection (1) applies despite the Acts Interpretation Act 1954 , section 20B.","sortOrder":413},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 pres s 198 om 2016 No. 12 s 363\nprev s 198 ins 2016 No. 12 s 387\nexp 1 May 2018 (see s 198(2))","sortOrder":414},{"sectionNumber":"sec.199","sectionType":"section","heading":"Existing chief executive officer of all-codes board","content":"### sec.199 Existing chief executive officer of all-codes board\n\nThis section applies if a person holds office as the chief executive officer of the all-codes board immediately before the commencement.\nThe person’s appointment continues on the same terms and conditions that applied under the pre-amended Act, including, for example, in relation to remuneration and allowances, until different terms and conditions are decided under section 34(2).\ns 199 prev s 199 amd 2012 No. 42 s 58\nom 2016 No. 12 s 363\npres s 199 ins 2016 No. 12 s 387\n(sec.199-ssec.1) This section applies if a person holds office as the chief executive officer of the all-codes board immediately before the commencement.\n(sec.199-ssec.2) The person’s appointment continues on the same terms and conditions that applied under the pre-amended Act, including, for example, in relation to remuneration and allowances, until different terms and conditions are decided under section 34(2).","sortOrder":415},{"sectionNumber":"sec.200","sectionType":"section","heading":null,"content":"### Section sec.200\n\ns 200 prev s 200 amd 2012 No. 42 s 75 sch\nom 2016 No. 12 s 363\npres s 200 ins 2016 No. 12 s 387\nexp 1 July 2018 (see s 200(3))","sortOrder":416},{"sectionNumber":"sec.200A","sectionType":"section","heading":null,"content":"### Section sec.200A\n\ns 200A ins 2012 No. 42 s 59\nom 2016 No. 12 s 363","sortOrder":417},{"sectionNumber":"sec.201","sectionType":"section","heading":"Existing control board and members of control boards","content":"### sec.201 Existing control board and members of control boards\n\nEach control board established under previous section 9BO is abolished.\nA person who was a member of a control board immediately before the commencement stops being a member.\ns 201 prev s 201 om 2016 No. 12 s 363\npres s 201 ins 2016 No. 12 s 387\n(sec.201-ssec.1) Each control board established under previous section 9BO is abolished.\n(sec.201-ssec.2) A person who was a member of a control board immediately before the commencement stops being a member.","sortOrder":418},{"sectionNumber":"sec.202","sectionType":"section","heading":"Previous s 9CN continues to have effect despite repeal","content":"### sec.202 Previous s 9CN continues to have effect despite repeal\n\nThis section applies to a person who, at any time before the commencement, was a member of a control board as stated in previous section 9CN.\nDespite its repeal, previous section 9CN continues to apply in relation to the person and any civil liability continues to attach to the board.\ns 202 prev s 202 om 2016 No. 12 s 363\npres s 202 ins 2016 No. 12 s 387\n(sec.202-ssec.1) This section applies to a person who, at any time before the commencement, was a member of a control board as stated in previous section 9CN.\n(sec.202-ssec.2) Despite its repeal, previous section 9CN continues to apply in relation to the person and any civil liability continues to attach to the board.","sortOrder":419},{"sectionNumber":"sec.203","sectionType":"section","heading":"Approval application received before commencement","content":"### sec.203 Approval application received before commencement\n\nThis section applies to an approval application made, but not decided, before the commencement.\nPrevious chapter 2, part 2 continues to apply to the approval application as if the part had not been amended.\ns 203 prev s 203 amd 2013 No. 64 s 139\nom 2016 No. 12 s 363\npres s 203 ins 2016 No. 12 s 387\n(sec.203-ssec.1) This section applies to an approval application made, but not decided, before the commencement.\n(sec.203-ssec.2) Previous chapter 2, part 2 continues to apply to the approval application as if the part had not been amended.","sortOrder":420},{"sectionNumber":"sec.204","sectionType":"section","heading":"Control body’s first quarterly report under s 87","content":"### sec.204 Control body’s first quarterly report under s 87\n\nSection 87 does not apply to a control body in relation to a quarter in a financial year before the quarter in which its first operational plan is agreed to by the Minister as mentioned in section 205.\nIn this section—\nquarter , in a financial year, see section 87(4).\ns 204 prev s 204 om 2016 No. 12 s 363\npres s 204 ins 2016 No. 12 s 387\n(sec.204-ssec.1) Section 87 does not apply to a control body in relation to a quarter in a financial year before the quarter in which its first operational plan is agreed to by the Minister as mentioned in section 205.\n(sec.204-ssec.2) In this section— quarter , in a financial year, see section 87(4).","sortOrder":421},{"sectionNumber":"sec.205","sectionType":"section","heading":"Control body’s first strategic and operational plans","content":"### sec.205 Control body’s first strategic and operational plans\n\nThis section applies to a control body’s first strategic and operational plans after the commencement.\nThe time within which a control body must prepare and give a draft of each plan for section 92 is 1 month after the commencement or another time agreed between the control body and the Minister.\nIf a draft plan has not been agreed to within 1 month after giving it to the Minister, the Minister may give a direction under section 93(3) about the draft plan.\nThe period for which the strategic or operational plan applies is—\nthe remainder of the financial year in which it is agreed to by the Minister; and\nif the control body and the Minister agree the plan is also to apply for the following financial year, for that financial year.\ns 205 prev s 205 om 2016 No. 12 s 363\npres s 205 ins 2016 No. 12 s 387\n(sec.205-ssec.1) This section applies to a control body’s first strategic and operational plans after the commencement.\n(sec.205-ssec.2) The time within which a control body must prepare and give a draft of each plan for section 92 is 1 month after the commencement or another time agreed between the control body and the Minister.\n(sec.205-ssec.3) If a draft plan has not been agreed to within 1 month after giving it to the Minister, the Minister may give a direction under section 93(3) about the draft plan.\n(sec.205-ssec.4) The period for which the strategic or operational plan applies is— the remainder of the financial year in which it is agreed to by the Minister; and if the control body and the Minister agree the plan is also to apply for the following financial year, for that financial year. s 205 prev s 205 om 2016 No. 12 s 363 pres s 205 ins 2016 No. 12 s 387\n- (a) the remainder of the financial year in which it is agreed to by the Minister; and\n- (b) if the control body and the Minister agree the plan is also to apply for the following financial year, for that financial year.","sortOrder":422},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 prev s 206 om 2016 No. 12 s 363\npres s 206 ins 2016 No. 12 s 387\nexp 1 July 2017 (see s 206(5))","sortOrder":423},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Provisions relating to chapter 3","content":"# Provisions relating to chapter 3","sortOrder":424},{"sectionNumber":"sec.207","sectionType":"section","heading":"Existing Racing Integrity Commissioner","content":"### sec.207 Existing Racing Integrity Commissioner\n\nIf a person holds office as the Racing Integrity Commissioner immediately before the commencement, the person stops holding the office.\nSubsection (1) applies despite the Acts Interpretation Act 1954 , section 20B.\nDespite its repeal, previous section 113AS continues to apply in relation to the person and any civil liability continues to attach to the State.\ns 207 prev s 207 om 2016 No. 12 s 363\npres s 207 ins 2016 No. 12 s 387\n(sec.207-ssec.1) If a person holds office as the Racing Integrity Commissioner immediately before the commencement, the person stops holding the office.\n(sec.207-ssec.2) Subsection (1) applies despite the Acts Interpretation Act 1954 , section 20B.\n(sec.207-ssec.3) Despite its repeal, previous section 113AS continues to apply in relation to the person and any civil liability continues to attach to the State.","sortOrder":425},{"sectionNumber":"sec.208","sectionType":"section","heading":"Invoice for funding performance of Racing Integrity Commissioner’s functions before commencement","content":"### sec.208 Invoice for funding performance of Racing Integrity Commissioner’s functions before commencement\n\nDespite its repeal, previous section 113BA continues to apply in accordance with this section for the purposes of funding the Racing Integrity Commissioner’s functions before the commencement.\nIf an invoice under previous section 113BA was given to a control body and the amount of the invoice was not paid before the commencement, previous section 113BA(3) continues to apply and the amount of the invoice is payable in accordance with that subsection.\nAlso, the chief executive may exercise powers under previous section 113BA(2) within 28 days after the commencement by deciding a control body must pay an amount for a period before the commencement and give the control body an invoice for the amount.\nPrevious section 113BA(3) applies for paying an invoice mentioned in subsection (3).\ns 208 prev s 208 om 2016 No. 12 s 363\npres s 208 ins 2016 No. 12 s 387\n(sec.208-ssec.1) Despite its repeal, previous section 113BA continues to apply in accordance with this section for the purposes of funding the Racing Integrity Commissioner’s functions before the commencement.\n(sec.208-ssec.2) If an invoice under previous section 113BA was given to a control body and the amount of the invoice was not paid before the commencement, previous section 113BA(3) continues to apply and the amount of the invoice is payable in accordance with that subsection.\n(sec.208-ssec.3) Also, the chief executive may exercise powers under previous section 113BA(2) within 28 days after the commencement by deciding a control body must pay an amount for a period before the commencement and give the control body an invoice for the amount.\n(sec.208-ssec.4) Previous section 113BA(3) applies for paying an invoice mentioned in subsection (3).","sortOrder":426},{"sectionNumber":"sec.209","sectionType":"section","heading":"Continued effect of previous s 113BB","content":"### sec.209 Continued effect of previous s 113BB\n\nThis section applies to the following invoices—\nan invoice given to a control body under previous section 113BA that became payable, but was not paid, before the commencement;\nan invoice given to a control body under previous section 113BA, that becomes payable on or after the commencement;\nan invoice given under section 208(3).\nIf the invoice was not or is not paid when it became or becomes payable under previous section 113BA(3), the State may recover the amount from the control body as a debt.\nIf the State started any proceedings for recovery of an amount in relation to an invoice mentioned in subsection (1)(a), the proceedings may continue and be dealt with by a court as if previous section 113BB had not been repealed.\ns 209 prev s 209 om 2016 No. 12 s 363\npres s 209 ins 2016 No. 12 s 387\n(sec.209-ssec.1) This section applies to the following invoices— an invoice given to a control body under previous section 113BA that became payable, but was not paid, before the commencement; an invoice given to a control body under previous section 113BA, that becomes payable on or after the commencement; an invoice given under section 208(3).\n(sec.209-ssec.2) If the invoice was not or is not paid when it became or becomes payable under previous section 113BA(3), the State may recover the amount from the control body as a debt.\n(sec.209-ssec.3) If the State started any proceedings for recovery of an amount in relation to an invoice mentioned in subsection (1)(a), the proceedings may continue and be dealt with by a court as if previous section 113BB had not been repealed.\n- (a) an invoice given to a control body under previous section 113BA that became payable, but was not paid, before the commencement;\n- (b) an invoice given to a control body under previous section 113BA, that becomes payable on or after the commencement;\n- (c) an invoice given under section 208(3).","sortOrder":427},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Provisions relating to chapter 4","content":"# Provisions relating to chapter 4","sortOrder":428},{"sectionNumber":"sec.210","sectionType":"section","heading":"Abolition of Racing Animal Welfare and Integrity Board","content":"### sec.210 Abolition of Racing Animal Welfare and Integrity Board\n\nThe Racing Animal Welfare and Integrity Board established under previous section 114 is abolished.\nA person who was a member of the Racing Animal Welfare and Integrity Board immediately before the commencement stops being a member.\ns 210 prev s 210 om 2016 No. 12 s 363\npres s 210 ins 2016 No. 12 s 387\n(sec.210-ssec.1) The Racing Animal Welfare and Integrity Board established under previous section 114 is abolished.\n(sec.210-ssec.2) A person who was a member of the Racing Animal Welfare and Integrity Board immediately before the commencement stops being a member.","sortOrder":429},{"sectionNumber":"sec.211","sectionType":"section","heading":"Things sent to facility before commencement","content":"### sec.211 Things sent to facility before commencement\n\nThis section applies to—\na facility that, immediately before the commencement, was an accredited facility and was not the subject of suspension under previous section 138 or 141; or\nanother facility as mentioned in section 143(4)(b) if the delivery of a thing was approved as mentioned in that paragraph.\nIf, before the commencement, a thing was taken to the accredited facility or the other facility, in accordance with previous provision 143(4)—\ndespite the repeal of chapter 4, the facility continues to be an accredited facility on the same conditions that applied to the facility before the commencement and the nominated person for the facility continues to be the nominated person for it; and\nprevious sections 146 to 149 continue to apply subject to the commission taking the place of any control body or integrity officer.\ns 211 prev s 211 amd 2013 No. 64 s 140\nom 2016 No. 12 s 363\npres s 211 ins 2016 No. 12 s 387\n(sec.211-ssec.1) This section applies to— a facility that, immediately before the commencement, was an accredited facility and was not the subject of suspension under previous section 138 or 141; or another facility as mentioned in section 143(4)(b) if the delivery of a thing was approved as mentioned in that paragraph.\n(sec.211-ssec.2) If, before the commencement, a thing was taken to the accredited facility or the other facility, in accordance with previous provision 143(4)— despite the repeal of chapter 4, the facility continues to be an accredited facility on the same conditions that applied to the facility before the commencement and the nominated person for the facility continues to be the nominated person for it; and previous sections 146 to 149 continue to apply subject to the commission taking the place of any control body or integrity officer.\n- (a) a facility that, immediately before the commencement, was an accredited facility and was not the subject of suspension under previous section 138 or 141; or\n- (b) another facility as mentioned in section 143(4)(b) if the delivery of a thing was approved as mentioned in that paragraph.\n- (a) despite the repeal of chapter 4, the facility continues to be an accredited facility on the same conditions that applied to the facility before the commencement and the nominated person for the facility continues to be the nominated person for it; and\n- (b) previous sections 146 to 149 continue to apply subject to the commission taking the place of any control body or integrity officer.","sortOrder":430},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Provisions relating to previous chapter 4A","content":"# Provisions relating to previous chapter 4A","sortOrder":431},{"sectionNumber":"ch.8-pt.5-div.1","sectionType":"division","heading":"Preliminary matters","content":"## Preliminary matters","sortOrder":432},{"sectionNumber":"sec.212","sectionType":"section","heading":"Purpose of part","content":"### sec.212 Purpose of part\n\nThe purpose of this part is to make provisions for decisions that, immediately before the commencement, were appellable decisions of a control body.\ns 212 prev s 212 om 2016 No. 12 s 363\npres s 212 ins 2016 No. 12 s 387","sortOrder":433},{"sectionNumber":"sec.212A","sectionType":"section","heading":null,"content":"### Section sec.212A\n\ns 212A prev s 212A ins 2013 No. 64 s 141\nom 2016 No. 12 s 363","sortOrder":434},{"sectionNumber":"sec.213","sectionType":"section","heading":"Definitions for part","content":"### sec.213 Definitions for part\n\nIn this part—\naccepted appeal see previous section 149W.\naggrieved person , for an appellable decision, see previous section 149T(2).\nappellable decision , of a control body, see previous section 149S.\ndisciplinary board means the Racing Disciplinary Board established under previous section 149A.\nnotice of appeal see previous section 149U(1).\nregistrar , of the disciplinary board, see previous schedule 3.\nrelevant control body , for an appellable decision, means the control body that made the appellable decision.\ns 213 prev s 213 amd 2012 No. 42 s 60\nom 2016 No. 12 s 363\npres s 213 ins 2016 No. 12 s 387","sortOrder":435},{"sectionNumber":"ch.8-pt.5-div.2","sectionType":"division","heading":"If notice of appeal given to registrar before commencement","content":"## If notice of appeal given to registrar before commencement","sortOrder":436},{"sectionNumber":"sec.214","sectionType":"section","heading":"Application of division","content":"### sec.214 Application of division\n\nThis division applies if, before the commencement, an aggrieved person for an appellable decision had given a notice of appeal to the registrar of the disciplinary board, whether or not a notice of appeal had been given to the relevant control body.\ns 214 prev s 214 om 2016 No. 12 s 363\npres s 214 ins 2016 No. 12 s 387","sortOrder":437},{"sectionNumber":"sec.215","sectionType":"section","heading":"If there is notice of appeal before commencement","content":"### sec.215 If there is notice of appeal before commencement\n\nPrevious chapter 4A continues to apply in relation to the appellable decision, the notice of appeal and matters relating to the appeal.\nThe following entities must deal with the notice of appeal and appeal—\nthe registrar;\nthe chairperson;\nif the notice of appeal is accepted—the constituted board for the accepted appeal, whether established before or after the commencement;\nthe commission in substitution for the relevant control body for the appellable decision, if the appellable decision relates other than to a club or venue;\nany other party to the appeal.\ns 215 prev s 215 om 2016 No. 12 s 363\npres s 215 ins 2016 No. 12 s 387\n(sec.215-ssec.1) Previous chapter 4A continues to apply in relation to the appellable decision, the notice of appeal and matters relating to the appeal.\n(sec.215-ssec.2) The following entities must deal with the notice of appeal and appeal— the registrar; the chairperson; if the notice of appeal is accepted—the constituted board for the accepted appeal, whether established before or after the commencement; the commission in substitution for the relevant control body for the appellable decision, if the appellable decision relates other than to a club or venue; any other party to the appeal. s 215 prev s 215 om 2016 No. 12 s 363 pres s 215 ins 2016 No. 12 s 387\n- (a) the registrar;\n- (b) the chairperson;\n- (c) if the notice of appeal is accepted—the constituted board for the accepted appeal, whether established before or after the commencement;\n- (d) the commission in substitution for the relevant control body for the appellable decision, if the appellable decision relates other than to a club or venue;\n- (e) any other party to the appeal.","sortOrder":438},{"sectionNumber":"sec.216","sectionType":"section","heading":"Rejection of notice of appeal","content":"### sec.216 Rejection of notice of appeal\n\nThis section applies to an appellable decision if, as mentioned in previous section 149V(2)(c) and after the commencement, the chairperson rejects a notice of appeal relating to the appellable decision.\nThe chairperson must give the aggrieved person for the appellable decision a notice complying with the QCAT Act, section 157(2) for the decision.\nThe aggrieved person may apply, as provided under the QCAT Act, to QCAT for a review of the decision.\nQCAT may review the chairperson’s decision to reject a notice of appeal.\ns 216 prev s 216 om 2016 No. 12 s 363\npres s 216 ins 2016 No. 12 s 387\n(sec.216-ssec.1) This section applies to an appellable decision if, as mentioned in previous section 149V(2)(c) and after the commencement, the chairperson rejects a notice of appeal relating to the appellable decision.\n(sec.216-ssec.2) The chairperson must give the aggrieved person for the appellable decision a notice complying with the QCAT Act, section 157(2) for the decision.\n(sec.216-ssec.3) The aggrieved person may apply, as provided under the QCAT Act, to QCAT for a review of the decision.\n(sec.216-ssec.4) QCAT may review the chairperson’s decision to reject a notice of appeal.","sortOrder":439},{"sectionNumber":"sec.217","sectionType":"section","heading":"Continuation of ch 4A","content":"### sec.217 Continuation of ch 4A\n\nFor the purpose of the continuation of previous chapter 4A to a matter as mentioned in this part, the chapter is taken not to have been repealed.\nDespite subsection (1), if a provision of previous chapter 4A applies to a relevant control body and the appellable decision relates other than to a club or venue, the commission takes the place of the relevant control body, unless the context does not allow for the substitution.\nFor subsection (2), a control body must give the commission all documents and information that the commission requests.\ns 217 prev s 217 amd 2013 No. 64 s 142\nom 2016 No. 12 s 363\npres s 217 ins 2016 No. 12 s 387\n(sec.217-ssec.1) For the purpose of the continuation of previous chapter 4A to a matter as mentioned in this part, the chapter is taken not to have been repealed.\n(sec.217-ssec.2) Despite subsection (1), if a provision of previous chapter 4A applies to a relevant control body and the appellable decision relates other than to a club or venue, the commission takes the place of the relevant control body, unless the context does not allow for the substitution.\n(sec.217-ssec.3) For subsection (2), a control body must give the commission all documents and information that the commission requests.","sortOrder":440},{"sectionNumber":"ch.8-pt.5-div.3","sectionType":"division","heading":"If notice of appeal not given to registrar before commencement","content":"## If notice of appeal not given to registrar before commencement","sortOrder":441},{"sectionNumber":"sec.218","sectionType":"section","heading":"Application of division","content":"### sec.218 Application of division\n\nThis division applies if, before the commencement, an aggrieved person for an appellable decision had not given a notice of appeal to the registrar of the disciplinary board, whether or not a notice of appeal had been given to the relevant control body for the appellable decision.\ns 218 prev s 218 om 2016 No. 12 s 363\npres s 218 ins 2016 No. 12 s 387","sortOrder":442},{"sectionNumber":"sec.219","sectionType":"section","heading":"Person may apply to QCAT for external review of appellable decision","content":"### sec.219 Person may apply to QCAT for external review of appellable decision\n\nIf the appellable decision relates other than to a club or venue, previous chapter 4A does not apply to the appellable decision to which this division applies but the Racing Integrity Act, chapter 6, part 2, division 4 applies as if under that Act—\nthe appellable decision were an original decision; and\nthe aggrieved person for the appellable decision were the interested person for the original decision.\nFor subsection (1), the person may apply under the Racing Integrity Act, section 243 to the commission for an internal review of the decision before the person may apply, under section 246 of that Act, for an external review of the decision.\nIf the appellable decision relates to a club or venue, previous chapter 4A does not apply to the appellable decision but chapter 4 applies as if—\nthe appellable decision were an original decision; and\nthe aggrieved person for the appellable decision were the interested person for the original decision.\nFor subsection (3), the person may apply under section 144 to the decision-maker for the decision for an internal review of the decision before the person may apply, under section 147, for an external review of the decision.\ns 219 prev s 219 amd 2012 No. 42 s 75 sch\nom 2016 No. 12 s 363\npres s 219 ins 2016 No. 12 s 387\n(sec.219-ssec.1) If the appellable decision relates other than to a club or venue, previous chapter 4A does not apply to the appellable decision to which this division applies but the Racing Integrity Act, chapter 6, part 2, division 4 applies as if under that Act— the appellable decision were an original decision; and the aggrieved person for the appellable decision were the interested person for the original decision.\n(sec.219-ssec.2) For subsection (1), the person may apply under the Racing Integrity Act, section 243 to the commission for an internal review of the decision before the person may apply, under section 246 of that Act, for an external review of the decision.\n(sec.219-ssec.3) If the appellable decision relates to a club or venue, previous chapter 4A does not apply to the appellable decision but chapter 4 applies as if— the appellable decision were an original decision; and the aggrieved person for the appellable decision were the interested person for the original decision.\n(sec.219-ssec.4) For subsection (3), the person may apply under section 144 to the decision-maker for the decision for an internal review of the decision before the person may apply, under section 147, for an external review of the decision.\n- (a) the appellable decision were an original decision; and\n- (b) the aggrieved person for the appellable decision were the interested person for the original decision.\n- (a) the appellable decision were an original decision; and\n- (b) the aggrieved person for the appellable decision were the interested person for the original decision.","sortOrder":443},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Provisions relating to previous chapter 5","content":"# Provisions relating to previous chapter 5","sortOrder":444},{"sectionNumber":"sec.220","sectionType":"section","heading":"Referral of appeal","content":"### sec.220 Referral of appeal\n\nThis section applies if—\nas mentioned in previous section 149V(2)(d), the chairperson referred an appeal to QCAT before the commencement; or\nunder section 215, the chairperson refers an appeal to QCAT on or after the commencement.\nPrevious chapter 5 continues to apply in relation to the referred appeal as if the chapter had not been repealed.\nIn this section—\nreferred appeal see previous section 150.\ns 220 prev s 220 om 2016 No. 12 s 363\npres s 220 ins 2016 No. 12 s 387\n(sec.220-ssec.1) This section applies if— as mentioned in previous section 149V(2)(d), the chairperson referred an appeal to QCAT before the commencement; or under section 215, the chairperson refers an appeal to QCAT on or after the commencement.\n(sec.220-ssec.2) Previous chapter 5 continues to apply in relation to the referred appeal as if the chapter had not been repealed.\n(sec.220-ssec.3) In this section— referred appeal see previous section 150.\n- (a) as mentioned in previous section 149V(2)(d), the chairperson referred an appeal to QCAT before the commencement; or\n- (b) under section 215, the chairperson refers an appeal to QCAT on or after the commencement.","sortOrder":445},{"sectionNumber":"sec.221","sectionType":"section","heading":"Continued right of review by tribunal","content":"### sec.221 Continued right of review by tribunal\n\nThis section applies if an aggrieved person is given, or is entitled to be given, a QCAT information notice for a decision of a constituted board made before, on or after the commencement.\nPrevious section 152A and previous chapter 5, part 3 continue to apply to the decision and any review of the decision as if the provisions had not been repealed.\ns 221 prev s 221 om 2016 No. 12 s 363\npres s 221 ins 2016 No. 12 s 387\n(sec.221-ssec.1) This section applies if an aggrieved person is given, or is entitled to be given, a QCAT information notice for a decision of a constituted board made before, on or after the commencement.\n(sec.221-ssec.2) Previous section 152A and previous chapter 5, part 3 continue to apply to the decision and any review of the decision as if the provisions had not been repealed.","sortOrder":446},{"sectionNumber":"sec.222","sectionType":"section","heading":"Appeal under previous s 155","content":"### sec.222 Appeal under previous s 155\n\nThis section applies to—\nan appeal that is made by a control body before the commencement under previous section 155 in relation to an appellable decision, other than an appellable decision relating to a club or venue; or\nan appeal that is made or may be made by the commission on or after the commencement in relation to a decision of a constituted board that is an appellable decision to which part 5, division 2 applies, other than an appellable decision relating to a club or venue.\nFor an appeal mentioned in subsection (1), the commission takes the place of the relevant control body for the appellable decision.\nFor subsection (2), the relevant control body must give the commission all documents and information that the commission requests.\nPrevious chapter 5 continues to apply to the commission and QCAT for the appeal.\ns 222 prev s 222 om 2016 No. 12 s 363\npres s 222 ins 2016 No. 12 s 387\n(sec.222-ssec.1) This section applies to— an appeal that is made by a control body before the commencement under previous section 155 in relation to an appellable decision, other than an appellable decision relating to a club or venue; or an appeal that is made or may be made by the commission on or after the commencement in relation to a decision of a constituted board that is an appellable decision to which part 5, division 2 applies, other than an appellable decision relating to a club or venue.\n(sec.222-ssec.2) For an appeal mentioned in subsection (1), the commission takes the place of the relevant control body for the appellable decision.\n(sec.222-ssec.3) For subsection (2), the relevant control body must give the commission all documents and information that the commission requests.\n(sec.222-ssec.4) Previous chapter 5 continues to apply to the commission and QCAT for the appeal.\n- (a) an appeal that is made by a control body before the commencement under previous section 155 in relation to an appellable decision, other than an appellable decision relating to a club or venue; or\n- (b) an appeal that is made or may be made by the commission on or after the commencement in relation to a decision of a constituted board that is an appellable decision to which part 5, division 2 applies, other than an appellable decision relating to a club or venue.","sortOrder":447},{"sectionNumber":"sec.223","sectionType":"section","heading":"Continuation of ch 5","content":"### sec.223 Continuation of ch 5\n\nFor the purpose of the continuation of previous chapter 5 to a matter as mentioned in this part, the previous chapter is taken not to have been repealed.\ns 223 prev s 223 om 2016 No. 12 s 363\npres s 223 ins 2016 No. 12 s 387","sortOrder":448},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Provisions relating to offences before commencement","content":"# Provisions relating to offences before commencement","sortOrder":449},{"sectionNumber":"sec.224","sectionType":"section","heading":"Act previously in force to apply to offences","content":"### sec.224 Act previously in force to apply to offences\n\nThis section applies if the pre-amended Act made an act or omission an offence.\nIf the act or omission happened before the commencement, the pre-amended Act continues to apply in relation to the act or omission as if the pre-amended Act had not been amended.\nIn relation to the act or omission, a person may be charged after the commencement for the offence against the pre-amended Act.\nIf a person is convicted after the commencement of the offence (regardless of when the person was charged with the offence), the person can not be punished to any greater extent than was authorised under the pre-amended Act.\nSubsections (2) to (4) apply even if, after the commencement, doing the act or omitting to do the act under the same circumstances would not constitute an offence against this Act or another Act.\nSubsections (2) to (5) apply despite the Criminal Code, section 11 but do not limit the Racing Integrity Act, sections 272 and 273.\ns 224 prev s 224 amd 2013 No. 64 s 143\nom 2016 No. 12 s 363\npres s 224 ins 2016 No. 12 s 387\n(sec.224-ssec.1) This section applies if the pre-amended Act made an act or omission an offence.\n(sec.224-ssec.2) If the act or omission happened before the commencement, the pre-amended Act continues to apply in relation to the act or omission as if the pre-amended Act had not been amended.\n(sec.224-ssec.3) In relation to the act or omission, a person may be charged after the commencement for the offence against the pre-amended Act.\n(sec.224-ssec.4) If a person is convicted after the commencement of the offence (regardless of when the person was charged with the offence), the person can not be punished to any greater extent than was authorised under the pre-amended Act.\n(sec.224-ssec.5) Subsections (2) to (4) apply even if, after the commencement, doing the act or omitting to do the act under the same circumstances would not constitute an offence against this Act or another Act.\n(sec.224-ssec.6) Subsections (2) to (5) apply despite the Criminal Code, section 11 but do not limit the Racing Integrity Act, sections 272 and 273.","sortOrder":450},{"sectionNumber":"ch.8-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":451},{"sectionNumber":"sch.1-oc.2-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":452},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":null,"content":"### Section sch.1-sec.1\n\nsch 1 s 1 (prev 1980 No. 43 s 5 , defs committee , officer and selection panel )\nom 2008 No. 24 s 25\nsch 1 s 1 def committee amd 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nsch 1 s 1 def officer amd 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nsch 1 s 1 def selection panel ins 2001 No. 90 s 21 (2)\namd 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (1)","sortOrder":453},{"sectionNumber":"sch.1-oc.2-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":454},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11\n\nsch 1 s 11 (prev 1980 No. 43 s 11 ) amd 1990 No. 88 s 3 sch\nsub 1991 No. 81 s 5\namd 2001 No. 90 ss 3B, 22; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":455},{"sectionNumber":"sch.1-sec.11A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11A\n\nsch 1 s 11A (prev 1980 No. 43 s 11A ) ins 1991 No. 81 s 5\namd 1998 No. 18 s 8 ; 1999 No. 38 s 68 ; 2001 No. 90 ss 3 sch 1 , 23 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\namd 2005 No. 7 s 24 (1)\nom 2006 No. 18 s 13 (2)","sortOrder":456},{"sectionNumber":"sch.1-sec.11AA","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11AA\n\nsch 1 s 11AA (prev 1980 No. 43 s 11AA ) ins 2001 No. 90 s 24\namd 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":457},{"sectionNumber":"sch.1-sec.11C","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11C\n\nsch 1 s 11C (prev 1980 No. 43 s 11C ) ins 1991 No. 81 s 5\namd 2001 No. 90 s 3 sch s 1–2\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":458},{"sectionNumber":"sch.1-sec.11D","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11D\n\nsch 1 s 11D (prev 1980 No. 43 s 11D ) ins 1991 No. 81 s 5\namd 2001 No. 90 s 3 sch s 1–2\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":459},{"sectionNumber":"sch.1-sec.11E","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11E\n\nsch 1 s 11E (prev 1980 No. 43 s 11E ) ins 1991 No. 81 s 5\namd 2001 No. 90 s 3 sch s 1–2\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":460},{"sectionNumber":"sch.1-sec.11F","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11F\n\nsch 1 s 11F (prev 1980 No. 43 s 11F ) ins 1991 No. 81 s 5\nsub 1994 No. 17 s 6 ; 2001 No. 90 ss 5A, 25\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":461},{"sectionNumber":"sch.1-sec.11FA","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11FA\n\nsch 1 s 11FA (prev 1980 No. 43 s 11FA ) ins 2001 No. 90 s 25\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":462},{"sectionNumber":"sch.1-sec.11FB","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11FB\n\nsch 1 s 11FB (prev 1980 No. 43 s 11FB ) ins 2001 No. 90 s 25\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":463},{"sectionNumber":"sch.1-sec.11G","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11G\n\nsch 1 s 11G (prev 1980 No. 43 s 11G ) ins 1991 No. 81 s 5\nsub 1994 No. 17 s 6\namd 2000 No. 16 s 590 s ch 1 pt 2 ; 2000 No. 21 s 8 ; 2001 No. 90 ss 3 sch 1 , 26 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\namd 2005 No. 7 s 24 (2)\nom 2006 No. 18 s 13 (2)","sortOrder":464},{"sectionNumber":"sch.1-sec.11I","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11I\n\nsch 1 s 11I (prev 1980 No. 43 s 11I ) ins 1991 No. 81 s 5\nom 2001 No. 90 s 5B\nins 2001 No. 90 s 27\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":465},{"sectionNumber":"sch.1-sec.11J","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11J\n\nsch 1 s 11J (prev 1980 No. 43 s 11J ) ins 1991 No. 81 s 5\nom 2001 No. 90 s 5B\nins 2001 No. 90 s 27\namd 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\namd 2004 No. 53 s 2 sch\nom 2006 No. 18 s 13 (2)","sortOrder":466},{"sectionNumber":"sch.1-sec.11K","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11K\n\nsch 1 s 11K (prev 1980 No. 43 s 11K ) ins 1991 No. 81 s 5\nom 2001 No. 90 s 5B\nins 2001 No. 90 s 28\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":467},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12\n\nsch 1 s 12 (prev 1980 No. 43 s 12 ) amd 1981 No. 19 s 9 ; 1987 No. 26 s 6 ; 1990 No. 85 s 5 sch 2\nom 1991 No. 81 s 3 sch\nins 2001 No. 90 s 28\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":468},{"sectionNumber":"sch.1-sec.12A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12A\n\nsch 1 s 12A (prev 1980 No. 43 s 12A ) ins 2001 No. 90 s 28\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":469},{"sectionNumber":"sch.1-sec.12B","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12B\n\nsch 1 s 12B (prev 1980 No. 43 s 12B ) ins 2001 No. 90 s 28\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":470},{"sectionNumber":"sch.1-sec.12C","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12C\n\nsch 1 s 12C (prev 1980 No. 43 s 12C ) ins 2001 No. 90 s 28\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\namd 2004 No. 53 s 2 sch\nom 2006 No. 18 s 13 (2)","sortOrder":471},{"sectionNumber":"sch.1-sec.12D","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12D\n\nsch 1 s 12D (prev 1980 No. 43 s 12D ) ins 2001 No. 90 s 28\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":472},{"sectionNumber":"sch.1-sec.12E","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12E\n\nsch 1 s 12E (prev 1980 No. 43 s 12E ) ins 2001 No. 90 s 28\namd 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":473},{"sectionNumber":"sch.1-sec.12F","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12F\n\nsch 1 s 12F (prev 1980 No. 43 s 12F ) ins 2001 No. 90 s 28\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":474},{"sectionNumber":"sch.1-sec.12G","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12G\n\nsch 1 s 12G (prev 1980 No. 43 s 12G ) ins 2001 No. 90 s 28\namd 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\namd 2003 No. 94 s 79\nom 2006 No. 18 s 13 (2)","sortOrder":475},{"sectionNumber":"sch.1-sec.12H","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12H\n\nsch 1 s 12H (prev 1980 No. 43 s 12H ) ins 2001 No. 90 s 28\namd 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":476},{"sectionNumber":"sch.1-sec.12I","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12I\n\nsch 1 s 12I (prev 1980 No. 43 s 12I ) ins 2001 No. 90 s 28\namd 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":477},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":null,"content":"### Section sch.1-sec.13\n\nsch 1 s 13 (prev 1980 No. 43 s 13 ) sub 1991 No. 81 s 6\namd 1999 No. 33 s 747 sch 3 ; 2001 No. 90 s 3 sch s 1–2\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":478},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":null,"content":"### Section sch.1-sec.14\n\nsch 1 s 14 (prev 1980 No. 43 s 14 ) amd 1981 No. 19 s 10 ; 1991 No. 81 s 51 (amd 1993 No. 76 s 3 sch 2 ); 1998 No. 18 s 10 ; 2001 No. 90 s 3 sch s 1–2; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":479},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":null,"content":"### Section sch.1-sec.15\n\nsch 1 s 15 (prev 1980 No. 43 s 15 ) amd 1987 No. 26 s 7 ; 1991 No. 81 s 51 (amd 1993 No. 76 s 3 sch 2 )\nom 1994 No. 17 s 3 sch 2\nins 1996 No. 54 s 9 sch\namd 2001 No. 90 s 3 sch s 1–2\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":480},{"sectionNumber":"sch.1-sec.15A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.15A\n\nsch 1 s 15A (prev 1980 No. 43 s 15A ) ins 2001 No. 90 s 29\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2006 No. 18 s 13 (2)","sortOrder":481},{"sectionNumber":"sch.1-oc.2-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":482},{"sectionNumber":"sch.1-sec.35","sectionType":"section","heading":null,"content":"### Section sch.1-sec.35\n\nsch 1 s 35 (prev 1980 No. 43 s 35 ) amd 1984 No. 63 s 5 ; 1994 No. 17 s 3 sch 2 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":483},{"sectionNumber":"sch.1-sec.36","sectionType":"section","heading":null,"content":"### Section sch.1-sec.36\n\nsch 1 s 36 (prev 1980 No. 43 s 36 ) amd 1981 No. 19 s 14 ; 1984 No. 63 s 24\nsub 1987 No. 26 s 10\namd 1991 No. 81 s 51 (amd 1993 No. 76 s 3 sch 2 ); 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":484},{"sectionNumber":"sch.1-sec.41","sectionType":"section","heading":null,"content":"### Section sch.1-sec.41\n\nsch 1 s 41 (prev 1980 No. 43 s 41 ) amd 1984 No. 63 s 24 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":485},{"sectionNumber":"sch.1-sec.42","sectionType":"section","heading":null,"content":"### Section sch.1-sec.42\n\nsch 1 s 42 (prev 1980 No. 43 s 42 ) amd 1984 No. 63 s 24 ; 2000 No. 16 s 590 s ch 1 pt 2 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":486},{"sectionNumber":"sch.1-sec.43","sectionType":"section","heading":null,"content":"### Section sch.1-sec.43\n\nsch 1 s 43 (prev 1980 No. 43 s 43 ) amd 1981 No. 19 s 15 ; 1984 No. 63 s 24 ; 1994 No. 17 s 3 sch 2 ; 2001 No. 41 s 3\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":487},{"sectionNumber":"sch.1-sec.44","sectionType":"section","heading":null,"content":"### Section sch.1-sec.44\n\nsch 1 s 44 (prev 1980 No. 43 s 44 ) amd 1984 No. 63 s 24 ; 1987 No. 26 s 14 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":488},{"sectionNumber":"sch.1-sec.45","sectionType":"section","heading":null,"content":"### Section sch.1-sec.45\n\nsch 1 s 45 (prev 1980 No. 43 s 45 ) amd 1984 No. 63 s 24 ; 1987 No. 26 s 15\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":489},{"sectionNumber":"sch.1-sec.46","sectionType":"section","heading":null,"content":"### Section sch.1-sec.46\n\nsch 1 s 46 (prev 1980 No. 43 s 46 ) amd 1984 No. 63 s 24\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":490},{"sectionNumber":"sch.1-sec.47","sectionType":"section","heading":null,"content":"### Section sch.1-sec.47\n\nsch 1 s 47 (prev 1980 No. 43 s 47 ) amd 1981 No. 19 s 16 ; 1984 No. 63 s 24 ; 1987 No. 26 s 16 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":491},{"sectionNumber":"sch.1-sec.47A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.47A\n\nsch 1 s 47A (prev 1980 No. 43 s 47A ) ins 2001 No. 41 s 4\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":492},{"sectionNumber":"sch.1-sec.48","sectionType":"section","heading":null,"content":"### Section sch.1-sec.48\n\nsch 1 s 48 (prev 1980 No. 43 s 48 ) amd 1984 No. 63 s 24\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":493},{"sectionNumber":"sch.1-sec.50","sectionType":"section","heading":null,"content":"### Section sch.1-sec.50\n\nsch 1 s 50 (prev 1980 No. 43 s 50 ) amd 1984 No. 63 s 24 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":494},{"sectionNumber":"sch.1-sec.53","sectionType":"section","heading":null,"content":"### Section sch.1-sec.53\n\nsch 1 s 53 (prev 1980 No. 43 s 53 ) amd 1984 No. 63 ss 10, 24; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":495},{"sectionNumber":"sch.1-sec.54","sectionType":"section","heading":null,"content":"### Section sch.1-sec.54\n\nsch 1 s 54 (prev 1980 No. 43 s 54 ) amd 1981 No. 19 s 18 ; 1984 No. 63 s 24 ; 1991 No. 81 s 51 (amd 1993 No. 76 s 3 sch 2 ); 1998 No. 18 s 17 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":496},{"sectionNumber":"sch.1-sec.54A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.54A\n\nsch 1 s 54A (prev 1980 No. 43 s 54A ) ins 1996 No. 54 s 9 sch\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":497},{"sectionNumber":"sch.1-oc.2-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":498},{"sectionNumber":"sch.1-sec.76","sectionType":"section","heading":null,"content":"### Section sch.1-sec.76\n\nsch 1 s 76 (prev 1980 No. 43 s 76 ) amd 1995 No. 35 s 4 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":499},{"sectionNumber":"sch.1-sec.77","sectionType":"section","heading":null,"content":"### Section sch.1-sec.77\n\nsch 1 s 77 (prev 1980 No. 43 s 77 ) sub 1987 No. 26 s 21\namd 1995 No. 35 s 10 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":500},{"sectionNumber":"sch.1-sec.82","sectionType":"section","heading":null,"content":"### Section sch.1-sec.82\n\nsch 1 s 82 (prev 1980 No. 43 s 82 ) amd 1995 No. 35 ss 10, 12; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":501},{"sectionNumber":"sch.1-sec.83","sectionType":"section","heading":null,"content":"### Section sch.1-sec.83\n\nsch 1 s 83 (prev 1980 No. 43 s 83 ) amd 1995 No. 35 s 10 ; 2000 No. 16 s 590 s ch 1 pt 2 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":502},{"sectionNumber":"sch.1-sec.84","sectionType":"section","heading":null,"content":"### Section sch.1-sec.84\n\nsch 1 s 84 (prev 1980 No. 43 s 84 ) amd 1981 No. 19 s 22 ; 1994 No. 17 s 3 sch 2 ; 1995 No. 35 ss 10, 11; 2001 No. 41 s 5 ; 2001 No. 90 s 10\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":503},{"sectionNumber":"sch.1-sec.85","sectionType":"section","heading":null,"content":"### Section sch.1-sec.85\n\nsch 1 s 85 (prev 1980 No. 43 s 85 ) amd 1987 No. 26 s 26 ; 1995 No. 35 ss 10, 11; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":504},{"sectionNumber":"sch.1-sec.86","sectionType":"section","heading":null,"content":"### Section sch.1-sec.86\n\nsch 1 s 86 (prev 1980 No. 43 s 86 ) amd 1987 No. 26 s 27 ; 1995 No. 35 ss 10, 11\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":505},{"sectionNumber":"sch.1-sec.87","sectionType":"section","heading":null,"content":"### Section sch.1-sec.87\n\nsch 1 s 87 (prev 1980 No. 43 s 87 ) amd 1995 No. 35 s 10\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":506},{"sectionNumber":"sch.1-sec.88","sectionType":"section","heading":null,"content":"### Section sch.1-sec.88\n\nsch 1 s 88 (prev 1980 No. 43 s 88 ) amd 1987 No. 26 s 28 ; 1995 No. 35 s 10 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":507},{"sectionNumber":"sch.1-sec.88A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.88A\n\nsch 1 s 88A (prev 1980 No. 43 s 88A ) ins 2001 No. 41 s 6\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":508},{"sectionNumber":"sch.1-sec.89","sectionType":"section","heading":null,"content":"### Section sch.1-sec.89\n\nsch 1 s 89 (prev 1980 No. 43 s 89 ) amd 1995 No. 35 s 10\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":509},{"sectionNumber":"sch.1-sec.91","sectionType":"section","heading":null,"content":"### Section sch.1-sec.91\n\nsch 1 s 91 (prev 1980 No. 43 s 91 ) amd 1995 No. 35 s 10 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":510},{"sectionNumber":"sch.1-sec.94","sectionType":"section","heading":null,"content":"### Section sch.1-sec.94\n\nsch 1 s 94 (prev 1980 No. 43 s 94 ) amd 1995 No. 35 ss 5, 10\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":511},{"sectionNumber":"sch.1-sec.95","sectionType":"section","heading":null,"content":"### Section sch.1-sec.95\n\nsch 1 s 95 (prev 1980 No. 43 s 95 ) amd 1981 No. 19 s 24 ; 1991 No. 81 s 51 (amd 1993 No. 76 s 3 sch 2 ); 1995 No. 35 s 10 ; 1998 No. 18 s 24 ; 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":512},{"sectionNumber":"sch.1-sec.95A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.95A\n\nsch 1 s 95A (prev 1980 No. 43 s 95A ) ins 1996 No. 54 s 9 sch\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":513},{"sectionNumber":"sch.1-oc.2-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":514},{"sectionNumber":"sch.1-sec.132","sectionType":"section","heading":null,"content":"### Section sch.1-sec.132\n\nsch 1 s 132 (prev 1980 No. 43 s 132 ) amd 2002 No. 58 s 398 (2) s ch 2 pt 2 div 1\nreloc 2002 No. 58 s 398 (2) s ch 2 pt 2 div 2\nom 2008 No. 24 s 25","sortOrder":515}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":660},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly from its original 2002 form. The provided text shows extensive amendments through 2016, 2020, and 2026, adding: the Racing Queensland Board structure (replacing earlier control bodies), detailed strategic and operational planning requirements (Chapter 2 Part 3 Division 5), quarterly reporting obligations, the Racing Integrity Act interface, and complex transitional provisions preserving rights from multiple predecessor bodies. The scope now covers not just racing management but extensive integrity, wagering information control, and public accountability mechanisms."},"complexity_factors":["Multiple overlapping control structures (Racing Queensland Board plus potential approved control bodies)","Extensive cross-referencing with other Acts (Racing Integrity Act, Financial Accountability Act, Crime and Corruption Act, Wagering Act)","Detailed procedural requirements for appointments, meetings, and decision-making (quorum rules, casting votes, staggered terms)","Conditional logic throughout — many powers are exercisable only if specific preconditions are met","Nested definitions and defined terms spanning multiple sections","Transitional provisions preserving old legal arrangements across multiple amendments (2008, 2010, 2012, 2016)","Disciplinary action frameworks with multiple stages (show cause notices, representations, immediate suspension, censure, rectification directions)","Ministerial oversight layered throughout with specific limitations on ministerial powers"],"plain_english_summary":"This legislation establishes the **Racing Queensland Board** as the central body overseeing horse racing (thoroughbred), harness racing, and greyhound racing in Queensland.\n\n**What it does:**\n- **Creates the Racing Queensland Board** — a government body with 3–9 appointed members, including representatives from each racing code (thoroughbred, harness, greyhound) plus up to 6 others with relevant skills (accounting, animal welfare, business, etc.)\n- **Gives the Board control** over the three major racing codes, making it responsible for managing race meetings, licensing clubs and venues, setting prize money, and developing racing infrastructure\n- **Sets up a system for approving other control bodies** — corporations can apply to become control bodies for new or existing racing codes through a detailed assessment process involving the Minister and chief executive\n- **Requires policies and rules of racing** — control bodies must create public policies for licensing schemes and make rules governing how races are conducted\n- **Protects integrity** — includes conflict-of-interest rules, criminal history checks for key personnel, and disciplinary powers (suspension, cancellation, censure) for licensed clubs that breach rules\n- **Regulates wagering information** — controls who can use Queensland race information for betting purposes\n\n**Who it affects:**\n- Racing clubs and venues seeking licences\n- People working in the racing industry (trainers, jockeys, officials)\n- Wagering operators and betting companies\n- Animal welfare and integrity bodies\n\n**Why it matters:**\nThe Act ensures Queensland's racing industry operates with transparency, proper financial oversight, and animal welfare protections. It consolidates control under one board while allowing for multiple racing codes, and creates clear pathways for enforcing standards and penalising misconduct."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originally established a single control body for three racing codes and repealed the earlier Racing and Betting Act. Over time, its scope has expanded significantly: it now allows for approval of additional control bodies for new racing codes, incorporates integrity functions transferred to the Racing Integrity Commission, and includes detailed provisions on race information authorities and wagering monitoring. The original narrow focus on board establishment and licensing has grown to encompass complex regulatory frameworks for betting data, animal welfare oversight, and extensive reporting and planning obligations."},"complexity_factors":["Very long Act with over 200 sections across multiple chapters and parts","Many cross-references to other Acts (Financial Accountability Act 2009, Crime and Corruption Act 2001, Racing Integrity Act 2016, etc.)","Numerous defined terms (e.g., 'control body', 'eligible individual', 'code of racing')","Complex conditional logic in disciplinary and show cause procedures (e.g., sections 75-80, 116-121)","Multiple layers of delegation and approval processes (Minister, Governor in Council, chief executive)","Extensive transitional provisions spanning several amendment Acts (2008, 2010, 2012, 2016)","Nested exceptions and qualifications (e.g., section 41 on conflict of interest has subsections with notes and cross-references)","Many repealed and inserted sections, making the legislative history tangled"],"plain_english_summary":"This Act sets up the main organisation that controls horse and greyhound racing in Queensland. It creates the **Racing Queensland Board** (the 'control body') which is responsible for managing three types of racing: thoroughbred (horse racing), harness racing, and greyhound racing. The Board has the power to license racing clubs and venues, make rules for racing, allocate race dates, distribute prize money, and charge fees for its services. It must prepare a racing calendar and strategic plans approved by the Minister. The Act also allows other organisations to apply to become a control body for a new type of animal racing (e.g. camel racing), subject to a detailed approval process. It sets out how the Board is structured (members appointed by the Governor, one for each racing code plus up to six others), how meetings are run, and how conflicts of interest are handled. There are rules for licensed clubs, including financial reporting and restrictions on how non-profit clubs can use their money. The Act also controls the use of Queensland race information – betting operators need an authority to use that information and must pay fees. It includes offences for interfering with racing, forgery, and false statements. There are also extensive transitional provisions explaining what happens when the Act was amended in previous years."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2002 Act established multiple separate control bodies for each racing code. Through significant amendments in 2012 and 2016, the scope fundamentally shifted to a single unified 'all-codes' board (Racing Queensland Board) governing thoroughbred, harness, and greyhound racing collectively — a major structural consolidation. The 2026 amendments further refined board composition and governance. The scope has therefore broadened from a multi-body framework to a centralised single-board model, while retaining a secondary pathway for approved control bodies for other or new racing codes."},"complexity_factors":["Multiple interacting layers of governance (Board, approved control bodies, Minister, Governor in Council, Racing Integrity Commission, chief executive)","Extensive cross-referencing between sections (e.g. ss 10, 12, 44, 81, 82, 98, 104, 114 referenced but not all reproduced here)","Interaction with numerous other Acts (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Crime and Corruption Act 2001, Racing Integrity Act, Wagering Act 1998, Public Sector Act 2022, Betting Tax Act 2018, Corporations Act)","Complex eligibility and appointment criteria involving subjective suitability assessments and criminal history checks","Layered conflict of interest regime with nuanced carve-outs (code representatives may act in code interests but not contrary to Board interests)","History of significant amendments (2006, 2010, 2012, 2013, 2014, 2016, 2022, 2026) with many sections inserted, substituted, and omitted — creating a complex legislative history","Dual-track structure: Board as statutory control body AND a separate regime for approved private control bodies with competitive application processes","Regulations needed to fill in key details (prescribed amounts, fees, percentages) meaning the Act alone does not tell the full story","Tension between Ministerial direction powers and operational independence — requires careful reading to understand the limits"],"plain_english_summary":"## Racing Act 2002 (Queensland) — What It Does and Who It Affects\n\n### The Big Picture\nThis is Queensland's main law governing the horse racing, harness racing (horses pulling sulkies), and greyhound racing industries. It sets up the organisations that run these sports, defines their powers, and establishes rules for how they're overseen by government.\n\n### Racing Queensland Board\nThe law creates a single body called **Racing Queensland Board** to oversee all three codes of racing. Think of it as the peak governing body for Queensland racing.\n\n**Who sits on it?** Between 3 and 9 people, including one representative each for thoroughbred, harness, and greyhound racing, plus up to 6 general members. Members are appointed by the Governor in Council (the state government) on the Minister's recommendation. They can serve up to 3 years at a time, and no more than 9 years continuously. Background checks (including criminal history) are required before anyone can be appointed.\n\n**What does the Board do?**\n- Acts as the controlling authority for all three racing codes\n- Develops strategy, marketing, and promotion for racing\n- Manages major capital spending decisions\n- Works with the Racing Integrity Commission to keep the sport clean\n- Must fund country thoroughbred race meetings (bush racing) from betting tax revenue\n- Reports publicly each year, including an open annual meeting\n\n**Government oversight:** The Minister can direct the Board on most matters, but *cannot* interfere in: which clubs get race days, prize money amounts, or decisions about individual races (stopping, restarting, etc.). This protects operational independence.\n\n### Approved Control Bodies (for new racing codes)\nThe law also allows *other* organisations (besides the Board) to apply to become an approved control body for a new or different code of racing. This involves:\n- A formal application process with significant paperwork\n- Public advertising so anyone can object\n- Background and criminal history checks on the applicant and its associates\n- If multiple organisations apply for the same code, they're required to attempt mediation first\n- The government assesses who is best qualified before approving\n\n### Duties and Accountability\n- Board members and executives must act honestly, with care, and cannot misuse their position for personal gain\n- Conflicts of interest (when someone has a personal financial stake in a decision) must be disclosed and the person must step aside from that decision\n- Members are protected from personal legal liability for honest, non-negligent actions — the Board itself wears any legal consequences instead\n- The Board must keep minutes and records of all decisions\n\n### Who Does This Affect?\n- **Racegoers and punters** — indirectly, through the health and integrity of the racing industry\n- **Racing clubs** — they operate under licences issued by the control bodies\n- **Jockeys, trainers, owners, and stable staff** — they need licences and are governed by rules the Board sets\n- **Country communities** — specific funding obligations protect bush racing\n- **Wagering companies** — must deal through the approved control body framework\n- **Board members and executives** — subject to strict conduct, disclosure, and eligibility requirements"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.9","severity":"high","reasoning":"Section 9 expressly states 'The board is not a body corporate'. However, section 43(2) transfers civil liability to 'the board'. Legal liability in tort can only attach to legal persons. A non-corporate, non-State entity with no separate legal personality cannot be sued or hold liability. The liability shield in s43(1) is therefore practically illusory or incoherent — the liability is redirected to an entity incapable of bearing it at law.","confidence":0.87,"description":"The board is declared to not be a body corporate, yet sec.43(2) states that civil liability that cannot attach to members or the CEO 'attaches instead to the board'. A non-body-corporate entity cannot hold legal liability at law — only legal persons (natural or corporate) can be defendants in civil proceedings."},{"type":"self_contradicting","section":"sec.9 and sec.8","severity":"medium","reasoning":"Statutory body frameworks under the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982 impose obligations (e.g. financial reporting, banking, investment) that implicitly require the board to act as a distinct legal entity. Yet sec.9 denies that status. This creates practical impossibility in compliance and legal ambiguity about how the board holds or disposes of assets or enters enforceable arrangements.","confidence":0.75,"description":"The board is declared 'not a body corporate' (sec.9) yet is simultaneously declared a 'statutory body' under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (sec.8). The term 'statutory body' in those Acts typically presupposes a body with distinct legal identity capable of financial accountability obligations. The combination creates an entity that must comply with financial legislation designed for bodies with legal personality while lacking that personality."},{"type":"self_contradicting","section":"sec.11(2)","severity":"high","reasoning":"Granting a non-corporate board 'the powers of an individual' to hold property and enter contracts is legally contradictory with sec.9's denial of corporate status. Without legal personality, the board cannot hold property in its own name, cannot be party to contracts in its own right, and cannot employ staff with the board as employer. The legislation purports to vest legal-person capacities in a non-legal person.","confidence":0.82,"description":"The board, declared not to be a body corporate (sec.9), is granted 'the powers of an individual', including the power to acquire and hold property, enter contracts, employ staff, and appoint attorneys. These powers are inherently powers of a legal person, not a non-corporate entity."},{"type":"other","section":"sec.33(a)","severity":"medium","reasoning":"The use of 'all-codes board' in sec.33(a) is inconsistent with the defined terminology in the Act. The entity established in sec.6 is the 'Racing Queensland Board' and throughout the Act it is referred to as 'the board'. 'All-codes board' appears to be a stale reference to a prior drafting concept or a different entity, creating ambiguity about what the CEO is actually required to manage.","confidence":0.85,"description":"The chief executive officer's function is described as ensuring 'the all-codes board is managed in accordance with the priorities of the board'. The term 'all-codes board' appears to be a remnant drafting error — no such entity is defined in the provisions provided. The board's defined name is 'Racing Queensland Board'."},{"type":"impossible_compliance","section":"sec.15A(6)","severity":"medium","reasoning":"With a minimum board of 3 members and maximum terms of 3 years, staggering so that 3 terms end every year is mathematically impossible for a minimum-sized board without reducing all terms to 1 year. The staggering obligation is workable only if the board has 9 members (3 per year × 3 years), but is unworkable at lower compositions.","confidence":0.78,"description":"Section 15A(6) requires that terms of appointment 'must be staggered so that, to the extent practicable, the terms of 3 members end every year'. However, the board has a minimum of 3 and maximum of 9 members (sec.14(1)), and members serve terms of up to 3 years (sec.15A(2)). If only 3 members are appointed (minimum), requiring 3 terms to end every year would require all members to be replaced every year, defeating the purpose of 3-year terms entirely."},{"type":"impossible_compliance","section":"sec.36","severity":"medium","reasoning":"The Governor in Council appoints the substantive CEO (sec.31(2)), which is a formal process that may take time. The board's acting appointment power is capped at 3 months per year in total. If the appointment process is delayed beyond 3 months, the board is left without a CEO or acting CEO with no legal mechanism to cover the gap.","confidence":0.71,"description":"Section 36 allows the board to appoint an acting CEO 'for a period of not more than 3 months' and 'not...for more than 3 months in any 1 year'. If a vacancy arises at the start of a year, the board can cover only 3 months of the vacancy through an acting appointment, leaving the CEO office potentially vacant and unfilled for 9 months with no mechanism to appoint a substantive replacement quickly (since the Governor in Council must appoint under sec.31(2))."},{"type":"self_contradicting","section":"sec.26(5)","severity":"low","reasoning":"For a meeting with a quorum, a majority vote is required. For a circular resolution, only half (not a majority) of all members need agree. 'At least half' is not necessarily a majority — in a 9-member board, 4.5 rounds to 5, which is a majority. But the drafting says 'at least half' which mathematically could include exactly half, creating a tie that would not pass at a meeting (where a tie goes to the chairperson's casting vote), but would pass as a circular resolution.","confidence":0.65,"description":"A circular resolution is valid if 'at least half the members give written agreement'. A majority for a meeting decision requires 'a majority of the votes of the members present' (sec.26(3)). The threshold for a circular resolution (50%) is lower than the threshold for a meeting resolution (majority of those present, which could be more than 50% if an even number attend). This creates an anomaly where decisions are easier to pass outside meetings than within them."},{"type":"self_contradicting","section":"sec.41(8) and sec.41(9)","severity":"medium","reasoning":"The entire purpose of having code-specific representatives (sec.14(1)(a)-(c)) is undermined if those representatives cannot advocate for their code where that advocacy conflicts with the collective board's position. The two subsections create an irresolvable tension: the member is appointed to represent a code but cannot act contrary to the board, meaning the representative role adds no substantive power beyond that of any other member.","confidence":0.72,"description":"Section 41(8) permits a code-representative member to 'act in the interests of the board code of racing stated in the member's instrument of appointment', but sec.41(9) immediately qualifies this by saying the member 'may not act in a way that is contrary to the interests of the board'. Section 10(2) requires the board to act in the 'best interests of the board codes of racing collectively while having regard to the interests of each individual code'. The permission to represent one code's interests is effectively nullified by the prohibition on acting contrary to the collective board's interests, rendering the representative role hollow."},{"type":"other","section":"sec.12","severity":"medium","reasoning":"The conditionality in sec.12(1) means country thoroughbred racing clubs have no guaranteed legislative funding entitlement — the obligation evaporates if the betting tax instalment is not received. This may be intentional policy design, but it creates an absurd outcome where the board's obligation to support an entire racing code depends entirely on receipt of tax revenue rather than on the racing calendar or commitments to clubs.","confidence":0.6,"description":"Section 12 only triggers the obligation to fund country thoroughbred race meetings 'if, during a financial year, the board is paid 1 or more instalments under the Betting Tax Act 2018, section 59B'. If no such instalments are paid, there is no obligation to fund country thoroughbred race meetings at all, even if such meetings are scheduled and clubs have relied on funding. This creates a contingent funding obligation that can be entirely avoided by a failure to receive betting tax revenue."},{"type":"other","section":"sec.27(3)","severity":"low","reasoning":"While not a strict logical impossibility, the combination of a 2-month outer limit and a 4-week mandatory notice period leaves only 4 weeks of scheduling flexibility. If the notice is given on the first available day, the meeting must be held in the remaining 4 weeks. Any delay in issuing notice could make compliance with both provisions simultaneously impossible.","confidence":0.55,"description":"Section 27(3) requires 4 weeks notice of the annual meeting to be given 'on its website', but sec.27(1) only requires the meeting to be held within 2 months after the annual report is tabled. If the annual report is tabled very late in the parliamentary calendar, giving 4 weeks notice and holding the meeting within 2 months may be practically very tight, and in edge cases the 4-week notice period could consume nearly the entire 2-month window."}],"contradictions":[{"severity":"high","section_a":"sec.9","section_b":"sec.43(2)","confidence":0.88,"description":"Section 9 declares the board is not a body corporate and does not represent the State. Section 43(2) provides that civil liability that cannot attach to members or the CEO instead attaches to the board. An entity that is neither a body corporate nor the State cannot bear civil liability at law, making sec.43(2) inoperative or legally incoherent."},{"severity":"high","section_a":"sec.9","section_b":"sec.11(2)","confidence":0.83,"description":"Section 9 declares the board is not a body corporate. Section 11(2) grants the board 'the powers of an individual', including acquiring and holding property, entering contracts, employing staff, and appointing attorneys — all capacities presupposing legal personality that the board is denied under sec.9."},{"severity":"medium","section_a":"sec.14(1)","section_b":"sec.15A(6)","confidence":0.79,"description":"Section 14(1) permits a minimum board of 3 members with terms up to 3 years (sec.15A(2)). Section 15A(6) requires staggered terms so that 3 members' terms end every year. With only 3 members serving 3-year terms, staggering 3 departures per year is mathematically impossible without reducing all terms to 1 year, directly conflicting with the 3-year maximum term."},{"severity":"medium","section_a":"sec.10(2)","section_b":"sec.41(8)","confidence":0.73,"description":"Section 10(2) requires the board to perform its primary function 'in the best interests of the board codes of racing collectively while having regard to the interests of each individual code'. Section 41(8) permits a code-representative member to 'act in the interests of the board code of racing stated in the member's instrument of appointment'. Where those code-specific interests conflict with the collective best interests, these two provisions pull in opposite directions and cannot be simultaneously satisfied."},{"severity":"medium","section_a":"sec.16(2)","section_b":"sec.40(1)","confidence":0.67,"description":"Section 16(2) permits the Governor in Council to remove a member 'for any reason or none', which includes removal for acting honestly and with care and diligence. Section 40(1) imposes a duty on executive officers (which includes members) to act honestly and with reasonable care and diligence. A member faithfully performing their statutory duty under sec.40(1) can nonetheless be removed without cause under sec.16(2), making the duty under sec.40(1) provide no job protection whatsoever and creating a structural tension between accountability and security of tenure."},{"severity":"low","section_a":"sec.17A(2)","section_b":"sec.28(2)","confidence":0.6,"description":"Section 17A(2) conditions the Minister's power to recommend a deputy chairperson on the Minister first having given the board a direction under sec.28(2), and the board having nominated a candidate. Section 28(2) is itself described as a direction to convene a meeting to nominate a deputy chairperson. This creates a circular dependency: the Minister can only recommend a deputy chairperson after giving a direction under sec.28(2), but sec.28(2) is the very provision authorising the direction for the purpose of obtaining that nomination. The power is self-referential but not strictly circular — however, it means there is no mechanism to appoint a deputy chairperson unless the Minister first initiates the sec.28(2) direction, making the position entirely dependent on Ministerial initiative with no default board mechanism."},{"severity":"low","section_a":"sec.26(3)","section_b":"sec.26(5)","confidence":0.62,"description":"Section 26(3) requires a majority of votes of members present to decide a question at a meeting. Section 26(5) validates a circular resolution if 'at least half the members' agree in writing. 'At least half' is a lower threshold than 'a majority' when membership numbers are even (e.g. 8 members: half = 4, majority = 5). A resolution that could not pass at a meeting (4 votes for, 4 against, with casting vote against) could nonetheless be valid as a circular resolution with 4 agreements, creating inconsistent thresholds for the same type of decision."},{"severity":"medium","section_a":"sec.20","section_b":"sec.14(1)(a)-(c)","confidence":0.7,"description":"Section 14(1)(a)-(c) mandates specific representation for each of the three racing codes (thoroughbred, harness, greyhound). Section 20 provides that a vacancy in any of these offices does not affect the board's ability to perform functions or exercise powers. This means the board can permanently operate without representation for one or more racing codes despite the mandatory representation requirement in sec.14(1), with no time limit on how long the vacancy can subsist."}]}},"importantCases":[],"_links":{"self":"/api/acts/racing-act-2002","history":"/api/acts/racing-act-2002/history","analysis":"/api/acts/racing-act-2002/analysis","conflicts":"/api/acts/racing-act-2002/conflicts","importantCases":"/api/acts/racing-act-2002/important-cases","documents":"/api/acts/racing-act-2002/documents"}}