{"id":"qld:act-2016-012","name":"Racing Integrity Act 2016","slug":"racing-integrity-act-2016","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"12 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29630,"registerId":"qld-act-2016-012-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Establishment","content":"# Establishment","sortOrder":0},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment and status","content":"### sec.7 Establishment and status\n\nThe Queensland Racing Integrity Commission (the commission ) is established.\nThe commission consists of the commissioner, each deputy commissioner and the staff of the commission.\nThe staff are to be employed under the Public Sector Act 2022 .\nHowever, race day stewards are employed under this Act and not the Public Sector Act 2022 .\ns 7 amd 2022 No. 34 s 365 sch 3\n(sec.7-ssec.1) The Queensland Racing Integrity Commission (the commission ) is established.\n(sec.7-ssec.2) The commission consists of the commissioner, each deputy commissioner and the staff of the commission.\n(sec.7-ssec.3) The staff are to be employed under the Public Sector Act 2022 .\n(sec.7-ssec.4) However, race day stewards are employed under this Act and not the Public Sector Act 2022 .","sortOrder":1},{"sectionNumber":"sec.8","sectionType":"section","heading":"Commission represents the State","content":"### sec.8 Commission represents the State\n\nThe commission represents the State.\nWithout limiting subsection (1) , the commission has the status, privileges and immunities of the State.\n(sec.8-ssec.1) The commission represents the State.\n(sec.8-ssec.2) Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.","sortOrder":2},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of other Acts","content":"### sec.9 Application of other Acts\n\nThe commission is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the commission’s powers.\n(sec.9-ssec.1) The commission is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.9-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the commission’s powers.\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":3},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Functions and powers","content":"# Functions and powers","sortOrder":4},{"sectionNumber":"sec.10","sectionType":"section","heading":"Functions","content":"### sec.10 Functions\n\nThe commission has the following functions—\nto license animals and participants that are suitable to be licensed for a code of racing;\nto assess under this Act the suitability of an applicant to be an approved control body;\nto conduct audits of licence holders to decide if the licence holders continue to be suitable to be licensed, on the commission’s own initiative or at the request of the Minister;\nto investigate complaints about matters relevant to a code of racing, on the commission’s own initiative or at the request of the Minister, including—\ncomplaints about the processes of a control body; and\ncomplaints about a licence holder;\nto conduct investigations into breaches of this Act or the Racing Act ;\nto oversee the integrity of race meetings, including matters preliminary to race meetings;\njumpouts, trackwork sessions, trials\nto manage testing of things, including developing or adopting procedures about the way things for analysis are to be taken and dealt with;\nto keep records that provide for the identification and monitoring of animals;\nrecords that show the ‘end-to-end tracking’ of an animal\nto safeguard the welfare of any animal involved, whether directly or indirectly and whether lawfully or unlawfully, in racing;\nto safeguard the welfare of any animal that—\nused to be involved in racing in Queensland or another jurisdiction; and\nis in the possession of a person licensed under the thoroughbred or harness codes of racing;\nto make decisions about disciplinary matters;\nto prevent noncompliance and lapses in integrity, as far as practicable, in the racing industry;\nto promote compliance and integrity, and to promote animal welfare and prevent animal cruelty, by educating, providing information for, and working with, participants;\nto regularly review and assess compliance and the integrity of participants and practices in the racing industry, on the commission’s own initiative or at the request of the Minister;\nto work collaboratively with entities responsible for investigating and prosecuting offences, including—\nsharing information with the entities for crime prevention; and\nin circumstances where the commission reasonably suspects an offence may have been committed;\nto identify opportunities for cooperative partnerships with entities to improve compliance and integrity in the racing industry;\nto report and make recommendations to the Minister about matters relevant to the performance of its functions and any other matters referred to it by the Minister;\nto make all necessary inquiries it believes necessary to fulfil a function mentioned in paragraphs (a) to (p) ;\nto perform a function incidental to a function mentioned in paragraphs (a) to (p) ;\nto perform a function given to it under another Act.\nIn this section—\ncompliance includes compliance with this Act or the Racing Act .\nprocesses , of a control body, includes policies, systems, actions and decisions made by the control body.\ns 10 amd 2022 No. 35 s 46\n(sec.10-ssec.1) The commission has the following functions— to license animals and participants that are suitable to be licensed for a code of racing; to assess under this Act the suitability of an applicant to be an approved control body; to conduct audits of licence holders to decide if the licence holders continue to be suitable to be licensed, on the commission’s own initiative or at the request of the Minister; to investigate complaints about matters relevant to a code of racing, on the commission’s own initiative or at the request of the Minister, including— complaints about the processes of a control body; and complaints about a licence holder; to conduct investigations into breaches of this Act or the Racing Act ; to oversee the integrity of race meetings, including matters preliminary to race meetings; jumpouts, trackwork sessions, trials to manage testing of things, including developing or adopting procedures about the way things for analysis are to be taken and dealt with; to keep records that provide for the identification and monitoring of animals; records that show the ‘end-to-end tracking’ of an animal to safeguard the welfare of any animal involved, whether directly or indirectly and whether lawfully or unlawfully, in racing; to safeguard the welfare of any animal that— used to be involved in racing in Queensland or another jurisdiction; and is in the possession of a person licensed under the thoroughbred or harness codes of racing; to make decisions about disciplinary matters; to prevent noncompliance and lapses in integrity, as far as practicable, in the racing industry; to promote compliance and integrity, and to promote animal welfare and prevent animal cruelty, by educating, providing information for, and working with, participants; to regularly review and assess compliance and the integrity of participants and practices in the racing industry, on the commission’s own initiative or at the request of the Minister; to work collaboratively with entities responsible for investigating and prosecuting offences, including— sharing information with the entities for crime prevention; and in circumstances where the commission reasonably suspects an offence may have been committed; to identify opportunities for cooperative partnerships with entities to improve compliance and integrity in the racing industry; to report and make recommendations to the Minister about matters relevant to the performance of its functions and any other matters referred to it by the Minister; to make all necessary inquiries it believes necessary to fulfil a function mentioned in paragraphs (a) to (p) ; to perform a function incidental to a function mentioned in paragraphs (a) to (p) ; to perform a function given to it under another Act.\n(sec.10-ssec.2) In this section— compliance includes compliance with this Act or the Racing Act . processes , of a control body, includes policies, systems, actions and decisions made by the control body.\n- (a) to license animals and participants that are suitable to be licensed for a code of racing;\n- (b) to assess under this Act the suitability of an applicant to be an approved control body;\n- (c) to conduct audits of licence holders to decide if the licence holders continue to be suitable to be licensed, on the commission’s own initiative or at the request of the Minister;\n- (d) to investigate complaints about matters relevant to a code of racing, on the commission’s own initiative or at the request of the Minister, including— (i) complaints about the processes of a control body; and (ii) complaints about a licence holder;\n- (i) complaints about the processes of a control body; and\n- (ii) complaints about a licence holder;\n- (e) to conduct investigations into breaches of this Act or the Racing Act ;\n- (f) to oversee the integrity of race meetings, including matters preliminary to race meetings; Examples of matters preliminary to race meetings—— jumpouts, trackwork sessions, trials\n- (g) to manage testing of things, including developing or adopting procedures about the way things for analysis are to be taken and dealt with;\n- (h) to keep records that provide for the identification and monitoring of animals; Example— records that show the ‘end-to-end tracking’ of an animal\n- (i) to safeguard the welfare of any animal involved, whether directly or indirectly and whether lawfully or unlawfully, in racing;\n- (j) to safeguard the welfare of any animal that— (i) used to be involved in racing in Queensland or another jurisdiction; and (ii) is in the possession of a person licensed under the thoroughbred or harness codes of racing;\n- (i) used to be involved in racing in Queensland or another jurisdiction; and\n- (ii) is in the possession of a person licensed under the thoroughbred or harness codes of racing;\n- (k) to make decisions about disciplinary matters;\n- (l) to prevent noncompliance and lapses in integrity, as far as practicable, in the racing industry;\n- (m) to promote compliance and integrity, and to promote animal welfare and prevent animal cruelty, by educating, providing information for, and working with, participants;\n- (n) to regularly review and assess compliance and the integrity of participants and practices in the racing industry, on the commission’s own initiative or at the request of the Minister;\n- (o) to work collaboratively with entities responsible for investigating and prosecuting offences, including— (i) sharing information with the entities for crime prevention; and (ii) in circumstances where the commission reasonably suspects an offence may have been committed;\n- (i) sharing information with the entities for crime prevention; and\n- (ii) in circumstances where the commission reasonably suspects an offence may have been committed;\n- (p) to identify opportunities for cooperative partnerships with entities to improve compliance and integrity in the racing industry;\n- (q) to report and make recommendations to the Minister about matters relevant to the performance of its functions and any other matters referred to it by the Minister;\n- (r) to make all necessary inquiries it believes necessary to fulfil a function mentioned in paragraphs (a) to (p) ;\n- (s) to perform a function incidental to a function mentioned in paragraphs (a) to (p) ;\n- (t) to perform a function given to it under another Act.\n- (i) complaints about the processes of a control body; and\n- (ii) complaints about a licence holder;\n- (i) used to be involved in racing in Queensland or another jurisdiction; and\n- (ii) is in the possession of a person licensed under the thoroughbred or harness codes of racing;\n- (i) sharing information with the entities for crime prevention; and\n- (ii) in circumstances where the commission reasonably suspects an offence may have been committed;","sortOrder":5},{"sectionNumber":"sec.11","sectionType":"section","heading":"General restriction on functions","content":"### sec.11 General restriction on functions\n\nIt is not a function of the commission to investigate—\na matter that has already been decided by a court, a tribunal or the Racing Appeals Panel; or\na matter the subject of an unfinished proceeding that has started in a court, a tribunal or the Racing Appeals Panel.\ns 11 amd 2022 No. 24 s 22\n- (a) a matter that has already been decided by a court, a tribunal or the Racing Appeals Panel; or\n- (b) a matter the subject of an unfinished proceeding that has started in a court, a tribunal or the Racing Appeals Panel.","sortOrder":6},{"sectionNumber":"sec.12","sectionType":"section","heading":"Powers","content":"### sec.12 Powers\n\nThe commission has all the powers of an individual and may, for example—\nenter into contracts or agreements; and\nacquire, hold, deal with, and dispose of, property; and\nappoint agents and attorneys; and\nengage consultants and researchers; and\ncharge a fee for services and other facilities it supplies; and\ndo anything else necessary or convenient to be done in performing its functions.\nWithout limiting subsection (1) , the commission has the powers given to it under this Act or another Act.\n(sec.12-ssec.1) The commission has all the powers of an individual and may, for example— enter into contracts or agreements; and acquire, hold, deal with, and dispose of, property; and appoint agents and attorneys; and engage consultants and researchers; and charge a fee for services and other facilities it supplies; and do anything else necessary or convenient to be done in performing its functions.\n(sec.12-ssec.2) Without limiting subsection (1) , the commission has the powers given to it under this Act or another Act.\n- (a) enter into contracts or agreements; and\n- (b) acquire, hold, deal with, and dispose of, property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants and researchers; and\n- (e) charge a fee for services and other facilities it supplies; and\n- (f) do anything else necessary or convenient to be done in performing its functions.","sortOrder":7},{"sectionNumber":"sec.13","sectionType":"section","heading":"Ministerial directions","content":"### sec.13 Ministerial directions\n\nThe Minister may give the commission 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 commission a direction about any of the following—\na decision of the commission that is an original decision;\na decision of the commission made under the rules of racing for a code of racing;\na decision mentioned in section 240 (2) ;\na matter for which the commission is conducting an audit or investigation.\nThe commission must comply with a direction given under subsection (1) .\nThe commission—\nmust include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction given by the Minister under subsection (1) during the financial year to which the report relates; and\nmay include in the report a comment about the effect on the commission’s activities of complying with the direction.\n(sec.13-ssec.1) The Minister may give the commission 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.13-ssec.2) However, the Minister may not give the commission a direction about any of the following— a decision of the commission that is an original decision; a decision of the commission made under the rules of racing for a code of racing; a decision mentioned in section 240 (2) ; a matter for which the commission is conducting an audit or investigation.\n(sec.13-ssec.3) The commission must comply with a direction given under subsection (1) .\n(sec.13-ssec.4) The commission— must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction given by the Minister under subsection (1) during the financial year to which the report relates; and may include in the report a comment about the effect on the commission’s activities of complying with the direction.\n- (a) a decision of the commission that is an original decision;\n- (b) a decision of the commission made under the rules of racing for a code of racing;\n- (c) a decision mentioned in section 240 (2) ;\n- (d) a matter for which the commission is conducting an audit or investigation.\n- (a) must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction given by the Minister under subsection (1) during the financial year to which the report relates; and\n- (b) may include in the report a comment about the effect on the commission’s activities of complying with the direction.","sortOrder":8},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Racing Integrity Commissioner and Deputy Racing Integrity Commissioners","content":"# Racing Integrity Commissioner and Deputy Racing Integrity Commissioners","sortOrder":9},{"sectionNumber":"sec.14","sectionType":"section","heading":"Racing Integrity Commissioner","content":"### sec.14 Racing Integrity Commissioner\n\nThere is to be a Racing Integrity Commissioner (the commissioner ).\nThe Governor in Council is to appoint the commissioner.\nA person may be appointed as the commissioner for a term of not more than 3 years.\nThe commissioner may be reappointed.\nThe commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\nSubject to this Act, a person holds office as the commissioner on the conditions decided by the Governor in Council.\nThe commissioner must be appointed under this Act and not under the Public Sector Act 2022 .\ns 14 amd 2022 No. 34 s 365 sch 3\n(sec.14-ssec.1) There is to be a Racing Integrity Commissioner (the commissioner ).\n(sec.14-ssec.2) The Governor in Council is to appoint the commissioner.\n(sec.14-ssec.3) A person may be appointed as the commissioner for a term of not more than 3 years.\n(sec.14-ssec.4) The commissioner may be reappointed.\n(sec.14-ssec.5) The commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.14-ssec.6) Subject to this Act, a person holds office as the commissioner on the conditions decided by the Governor in Council.\n(sec.14-ssec.7) The commissioner must be appointed under this Act and not under the Public Sector Act 2022 .","sortOrder":10},{"sectionNumber":"sec.15","sectionType":"section","heading":"Deputy Racing Integrity Commissioners","content":"### sec.15 Deputy Racing Integrity Commissioners\n\nThere is to be 1 or 2 Deputy Racing Integrity Commissioners (each a deputy commissioner ).\nThe Governor in Council is to appoint each deputy commissioner, including—\na deputy commissioner who is to be called the 1st deputy commissioner ; and\nif 2 deputy commissioners are to be appointed, a deputy commissioner who is to be called the 2nd deputy commissioner .\nA person may be appointed as a deputy commissioner for a term of not more than 3 years.\nA deputy commissioner may be reappointed.\nA deputy commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\nSubject to this Act, a person holds office as a deputy commissioner on the conditions decided by the Governor in Council.\nA deputy commissioner must be appointed under this Act and not under the Public Sector Act 2022 .\ns 15 amd 2022 No. 34 s 365 sch 3\n(sec.15-ssec.1) There is to be 1 or 2 Deputy Racing Integrity Commissioners (each a deputy commissioner ).\n(sec.15-ssec.2) The Governor in Council is to appoint each deputy commissioner, including— a deputy commissioner who is to be called the 1st deputy commissioner ; and if 2 deputy commissioners are to be appointed, a deputy commissioner who is to be called the 2nd deputy commissioner .\n(sec.15-ssec.3) A person may be appointed as a deputy commissioner for a term of not more than 3 years.\n(sec.15-ssec.4) A deputy commissioner may be reappointed.\n(sec.15-ssec.5) A deputy commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.15-ssec.6) Subject to this Act, a person holds office as a deputy commissioner on the conditions decided by the Governor in Council.\n(sec.15-ssec.7) A deputy commissioner must be appointed under this Act and not under the Public Sector Act 2022 .\n- (a) a deputy commissioner who is to be called the 1st deputy commissioner ; and\n- (b) if 2 deputy commissioners are to be appointed, a deputy commissioner who is to be called the 2nd deputy commissioner .","sortOrder":11},{"sectionNumber":"sec.16","sectionType":"section","heading":"Persons eligible to be commissioner or deputy commissioner","content":"### sec.16 Persons eligible to be commissioner or deputy commissioner\n\nA person is eligible to be the commissioner or a deputy commissioner if the person—\nis an eligible individual within the meaning of the Racing Act ; and\nis not, and has not been in the previous 2 years, a member or employee of a control body; and\nis not, and has not been in the previous 2 years, an executive officer of a corporation that is an approved control body.\n- (a) is an eligible individual within the meaning of the Racing Act ; and\n- (b) is not, and has not been in the previous 2 years, a member or employee of a control body; and\n- (c) is not, and has not been in the previous 2 years, an executive officer of a corporation that is an approved control body.","sortOrder":12},{"sectionNumber":"sec.17","sectionType":"section","heading":"Functions of commissioner","content":"### sec.17 Functions of commissioner\n\nThe main functions of the commissioner are—\nto ensure the effective and efficient administration and operation of the commission and the performance of its functions; and\nto manage the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022 .\nThe commissioner’s functions also include any other function given to the commissioner under this Act or another Act.\ns 17 amd 2022 No. 34 s 365 sch 3\n(sec.17-ssec.1) The main functions of the commissioner are— to ensure the effective and efficient administration and operation of the commission and the performance of its functions; and to manage the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022 .\n(sec.17-ssec.2) The commissioner’s functions also include any other function given to the commissioner under this Act or another Act.\n- (a) to ensure the effective and efficient administration and operation of the commission and the performance of its functions; and\n- (b) to manage the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022 .","sortOrder":13},{"sectionNumber":"sec.18","sectionType":"section","heading":"Functions of deputy commissioner","content":"### sec.18 Functions of deputy commissioner\n\nThe main functions of a deputy commissioner are—\nto assist the commissioner in ensuring the effective and efficient administration and operation of the commission and the performance of its functions; and\nto assist the commissioner in managing the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022 ; and\nfor the 1st deputy commissioner—to act in the office of the commissioner if the commissioner is absent or for any other reason is unable to perform the functions of the office; and\nfor the 2nd deputy commissioner, if 2 deputy commissioners are appointed—to act in the office of the commissioner if the commissioner and 1st deputy commissioner are absent or for any other reason are unable to perform the functions of the office.\nA deputy commissioner’s functions also include any other function given to the deputy commissioner under this Act or another Act.\ns 18 amd 2022 No. 34 s 365 sch 3\n(sec.18-ssec.1) The main functions of a deputy commissioner are— to assist the commissioner in ensuring the effective and efficient administration and operation of the commission and the performance of its functions; and to assist the commissioner in managing the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022 ; and for the 1st deputy commissioner—to act in the office of the commissioner if the commissioner is absent or for any other reason is unable to perform the functions of the office; and for the 2nd deputy commissioner, if 2 deputy commissioners are appointed—to act in the office of the commissioner if the commissioner and 1st deputy commissioner are absent or for any other reason are unable to perform the functions of the office.\n(sec.18-ssec.2) A deputy commissioner’s functions also include any other function given to the deputy commissioner under this Act or another Act.\n- (a) to assist the commissioner in ensuring the effective and efficient administration and operation of the commission and the performance of its functions; and\n- (b) to assist the commissioner in managing the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022 ; and\n- (c) for the 1st deputy commissioner—to act in the office of the commissioner if the commissioner is absent or for any other reason is unable to perform the functions of the office; and\n- (d) for the 2nd deputy commissioner, if 2 deputy commissioners are appointed—to act in the office of the commissioner if the commissioner and 1st deputy commissioner are absent or for any other reason are unable to perform the functions of the office.","sortOrder":14},{"sectionNumber":"sec.19","sectionType":"section","heading":"Powers of commissioner and deputy commissioner","content":"### sec.19 Powers of commissioner and deputy commissioner\n\nThe commissioner and a deputy commissioner have the powers necessary for performing the commissioner’s or deputy commissioner’s functions.\nThe commissioner and a deputy commissioner also have the other powers given to the commissioner and a deputy commissioner under this Act or another Act.\nThe commissioner may exercise the powers of the commission, and any other powers given to the commissioner, under this Act or another Act.\n(sec.19-ssec.1) The commissioner and a deputy commissioner have the powers necessary for performing the commissioner’s or deputy commissioner’s functions.\n(sec.19-ssec.2) The commissioner and a deputy commissioner also have the other powers given to the commissioner and a deputy commissioner under this Act or another Act.\n(sec.19-ssec.3) The commissioner may exercise the powers of the commission, and any other powers given to the commissioner, under this Act or another Act.","sortOrder":15},{"sectionNumber":"sec.20","sectionType":"section","heading":"Vacancy in office","content":"### sec.20 Vacancy in office\n\nThe office of the commissioner becomes vacant if the commissioner—\nceases to be eligible to be the commissioner under section 16 ; or\nresigns under section 21 ; or\nis removed from office under section 22 .\nThe office of a deputy commissioner becomes vacant if the deputy commissioner—\nceases to be eligible to be a deputy commissioner under section 16 ; or\nresigns under section 21 ; or\nis removed from office under section 22 .\n(sec.20-ssec.1) The office of the commissioner becomes vacant if the commissioner— ceases to be eligible to be the commissioner under section 16 ; or resigns under section 21 ; or is removed from office under section 22 .\n(sec.20-ssec.2) The office of a deputy commissioner becomes vacant if the deputy commissioner— ceases to be eligible to be a deputy commissioner under section 16 ; or resigns under section 21 ; or is removed from office under section 22 .\n- (a) ceases to be eligible to be the commissioner under section 16 ; or\n- (b) resigns under section 21 ; or\n- (c) is removed from office under section 22 .\n- (a) ceases to be eligible to be a deputy commissioner under section 16 ; or\n- (b) resigns under section 21 ; or\n- (c) is removed from office under section 22 .","sortOrder":16},{"sectionNumber":"sec.21","sectionType":"section","heading":"Resignation","content":"### sec.21 Resignation\n\nThe commissioner or a deputy commissioner may resign the commissioner’s or deputy commissioner’s office by giving the Minister a signed letter of resignation.\nThe resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day.\n(sec.21-ssec.1) The commissioner or a deputy commissioner may resign the commissioner’s or deputy commissioner’s office by giving the Minister a signed letter of resignation.\n(sec.21-ssec.2) The resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day.","sortOrder":17},{"sectionNumber":"sec.22","sectionType":"section","heading":"Removal or suspension","content":"### sec.22 Removal or suspension\n\nThe Governor in Council may remove or suspend a person from office as the commissioner or as a deputy commissioner if the person—\nbecomes incapable of performing the functions of the commissioner or deputy commissioner because of mental or physical incapacity; or\nhas performed the duties of the commissioner or deputy commissioner carelessly, incompetently or inefficiently; or\nhas engaged in dishonourable conduct; or\nhas been found guilty of an offence the Governor in Council considers make the person inappropriate to perform the functions of the commissioner or deputy commissioner.\n- (a) becomes incapable of performing the functions of the commissioner or deputy commissioner because of mental or physical incapacity; or\n- (b) has performed the duties of the commissioner or deputy commissioner carelessly, incompetently or inefficiently; or\n- (c) has engaged in dishonourable conduct; or\n- (d) has been found guilty of an offence the Governor in Council considers make the person inappropriate to perform the functions of the commissioner or deputy commissioner.","sortOrder":18},{"sectionNumber":"sec.23","sectionType":"section","heading":"Acting commissioner","content":"### sec.23 Acting commissioner\n\nThis section applies if—\nthere is a vacancy in the office of commissioner or the commissioner is absent or for any other reason is unable to perform the functions of the office; and\nthere is not a deputy commissioner who is able to perform the functions of the commissioner’s office.\nThe Minister may appoint a person to act as commissioner for a period of not more than 3 months.\nHowever, the Minister may extend the appointment for a further 3 months.\nA person appointed to act as commissioner—\nhas all the functions and powers of the commissioner; and\nis taken to be the commissioner for all purposes relating to this Act.\n(sec.23-ssec.1) This section applies if— there is a vacancy in the office of commissioner or the commissioner is absent or for any other reason is unable to perform the functions of the office; and there is not a deputy commissioner who is able to perform the functions of the commissioner’s office.\n(sec.23-ssec.2) The Minister may appoint a person to act as commissioner for a period of not more than 3 months.\n(sec.23-ssec.3) However, the Minister may extend the appointment for a further 3 months.\n(sec.23-ssec.4) A person appointed to act as commissioner— has all the functions and powers of the commissioner; and is taken to be the commissioner for all purposes relating to this Act.\n- (a) there is a vacancy in the office of commissioner or the commissioner is absent or for any other reason is unable to perform the functions of the office; and\n- (b) there is not a deputy commissioner who is able to perform the functions of the commissioner’s office.\n- (a) has all the functions and powers of the commissioner; and\n- (b) is taken to be the commissioner for all purposes relating to this Act.","sortOrder":19},{"sectionNumber":"sec.24","sectionType":"section","heading":"Acting deputy commissioner","content":"### sec.24 Acting deputy commissioner\n\nThis section applies if there is a vacancy in the office of a deputy commissioner or a deputy commissioner is absent or for any other reason is unable to perform the functions of the office.\nThe Minister may appoint a person to act as a deputy commissioner for a period of not more than 3 months.\nHowever, the Minister may extend the appointment for a further 3 months.\nA person appointed to act as a deputy commissioner—\nhas all the functions and powers of a deputy commissioner; and\nis taken to be a deputy commissioner for all purposes relating to this Act.\n(sec.24-ssec.1) This section applies if there is a vacancy in the office of a deputy commissioner or a deputy commissioner is absent or for any other reason is unable to perform the functions of the office.\n(sec.24-ssec.2) The Minister may appoint a person to act as a deputy commissioner for a period of not more than 3 months.\n(sec.24-ssec.3) However, the Minister may extend the appointment for a further 3 months.\n(sec.24-ssec.4) A person appointed to act as a deputy commissioner— has all the functions and powers of a deputy commissioner; and is taken to be a deputy commissioner for all purposes relating to this Act.\n- (a) has all the functions and powers of a deputy commissioner; and\n- (b) is taken to be a deputy commissioner for all purposes relating to this Act.","sortOrder":20},{"sectionNumber":"sec.25","sectionType":"section","heading":"Preservation of rights of commissioner and deputy commissioner","content":"### sec.25 Preservation of rights of commissioner and deputy commissioner\n\nThis section applies if a person who is a public service officer is appointed as the commissioner or as a deputy commissioner.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner or as a deputy commissioner were a continuation of service as a public service officer.\nAt the end of a person’s term of office or resignation as the commissioner or as a deputy commissioner, the person’s service as the commissioner or as a deputy commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\n(sec.25-ssec.1) This section applies if a person who is a public service officer is appointed as the commissioner or as a deputy commissioner.\n(sec.25-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner or as a deputy commissioner were a continuation of service as a public service officer.\n(sec.25-ssec.3) At the end of a person’s term of office or resignation as the commissioner or as a deputy commissioner, the person’s service as the commissioner or as a deputy commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":21},{"sectionNumber":"sec.26","sectionType":"section","heading":"Delegations","content":"### sec.26 Delegations\n\nThe commissioner may delegate any of the commissioner’s functions under this Act or another Act to a deputy commissioner.\nThe commissioner may delegate any of the commissioner’s functions under this Act or another Act, other than section 36 , 37 , 38 or 40 , to an appropriately qualified person, including an employee of the commission or of a department.\nA person delegated a function under subsection (2) may subdelegate the function to an appropriately qualified person.\nIn this section—\nfunction includes power.\n(sec.26-ssec.1) The commissioner may delegate any of the commissioner’s functions under this Act or another Act to a deputy commissioner.\n(sec.26-ssec.2) The commissioner may delegate any of the commissioner’s functions under this Act or another Act, other than section 36 , 37 , 38 or 40 , to an appropriately qualified person, including an employee of the commission or of a department.\n(sec.26-ssec.3) A person delegated a function under subsection (2) may subdelegate the function to an appropriately qualified person.\n(sec.26-ssec.4) In this section— function includes power.","sortOrder":22},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Commission’s role in assessing approval applications","content":"# Commission’s role in assessing approval applications","sortOrder":23},{"sectionNumber":"sec.27","sectionType":"section","heading":"Assessment of approval applications","content":"### sec.27 Assessment of approval applications\n\nThe commission must assess an approval application referred under the Racing Act , section 48 (1) (b) , to the commission.\nThe commission must prepare and give to the Minister a report relating to the approval application that includes the following matters—\nwhether the commission is reasonably satisfied the applicant for the approval application is suitable to be an approved control body;\nwhether the commission is reasonably satisfied the commission can adequately regulate the activities relating to the proposed code of racing for the approval application, including licensing participants and appointing stewards to be in charge of race meetings for the code;\nwhether the commission is reasonably satisfied the commission can license persons who would become racing bookmakers for the proposed code of racing;\nwhether the applicant’s draft strategic plan and operation plan that, under the Racing Act , section 46 , accompanied the approval application have satisfied all relevant operational and integrity matters associated with the applicant becoming an approved control body;\nany submissions given to the commission under the Racing Act , section 50 (1) about the approval application, and the commission’s assessment of and response to the submissions;\nany other matter relating to the approval application that, in the commission’s opinion, may impact on the applicant’s suitability as a control body.\nIf the commission is given a submission about the approval application as mentioned in subsection (2) (e) , the commission must give the chief executive (racing) a copy of it.\ns 27 amd 2002 No. 58 s 170 sch 2\n(sec.27-ssec.1) The commission must assess an approval application referred under the Racing Act , section 48 (1) (b) , to the commission.\n(sec.27-ssec.2) The commission must prepare and give to the Minister a report relating to the approval application that includes the following matters— whether the commission is reasonably satisfied the applicant for the approval application is suitable to be an approved control body; whether the commission is reasonably satisfied the commission can adequately regulate the activities relating to the proposed code of racing for the approval application, including licensing participants and appointing stewards to be in charge of race meetings for the code; whether the commission is reasonably satisfied the commission can license persons who would become racing bookmakers for the proposed code of racing; whether the applicant’s draft strategic plan and operation plan that, under the Racing Act , section 46 , accompanied the approval application have satisfied all relevant operational and integrity matters associated with the applicant becoming an approved control body; any submissions given to the commission under the Racing Act , section 50 (1) about the approval application, and the commission’s assessment of and response to the submissions; any other matter relating to the approval application that, in the commission’s opinion, may impact on the applicant’s suitability as a control body.\n(sec.27-ssec.3) If the commission is given a submission about the approval application as mentioned in subsection (2) (e) , the commission must give the chief executive (racing) a copy of it.\n- (a) whether the commission is reasonably satisfied the applicant for the approval application is suitable to be an approved control body;\n- (b) whether the commission is reasonably satisfied the commission can adequately regulate the activities relating to the proposed code of racing for the approval application, including licensing participants and appointing stewards to be in charge of race meetings for the code;\n- (c) whether the commission is reasonably satisfied the commission can license persons who would become racing bookmakers for the proposed code of racing;\n- (d) whether the applicant’s draft strategic plan and operation plan that, under the Racing Act , section 46 , accompanied the approval application have satisfied all relevant operational and integrity matters associated with the applicant becoming an approved control body;\n- (e) any submissions given to the commission under the Racing Act , section 50 (1) about the approval application, and the commission’s assessment of and response to the submissions;\n- (f) any other matter relating to the approval application that, in the commission’s opinion, may impact on the applicant’s suitability as a control body.","sortOrder":24},{"sectionNumber":"sec.28","sectionType":"section","heading":"Assessment if 2 or more approval applications","content":"### sec.28 Assessment if 2 or more approval applications\n\nThis section applies if—\nthere are 2 or more approval applications for approval as the control body for a code of racing; and\nthe chief executive (racing) calls a meeting of the approval applicants under the Racing Act , section 52 (1) ; and\nthere is no mediated agreement supported by all of the approval applicants.\nThe commission must prepare and give to the Minister a single report relating to each of the approval applications that includes the following matters—\nthe matters mentioned in section 27 for each approval application;\nan assessment about the merits of each approval application compared to the other approval applications;\nthe commission’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code of racing, having regard to the matters mentioned in section 29 .\ns 28 amd 2002 No. 58 s 170 sch 2\n(sec.28-ssec.1) This section applies if— there are 2 or more approval applications for approval as the control body for a code of racing; and the chief executive (racing) calls a meeting of the approval applicants under the Racing Act , section 52 (1) ; and there is no mediated agreement supported by all of the approval applicants.\n(sec.28-ssec.2) The commission must prepare and give to the Minister a single report relating to each of the approval applications that includes the following matters— the matters mentioned in section 27 for each approval application; an assessment about the merits of each approval application compared to the other approval applications; the commission’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code of racing, having regard to the matters mentioned in section 29 .\n- (a) there are 2 or more approval applications for approval as the control body for a code of racing; and\n- (b) the chief executive (racing) calls a meeting of the approval applicants under the Racing Act , section 52 (1) ; and\n- (c) there is no mediated agreement supported by all of the approval applicants.\n- (a) the matters mentioned in section 27 for each approval application;\n- (b) an assessment about the merits of each approval application compared to the other approval applications;\n- (c) the commission’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code of racing, having regard to the matters mentioned in section 29 .","sortOrder":25},{"sectionNumber":"sec.29","sectionType":"section","heading":"Assessing applicants for approval applications","content":"### sec.29 Assessing applicants for approval applications\n\nThis section applies to the commission in assessing an approval application as mentioned in section 27 .\nThe commission must decide whether the applicant for the approval application is suitable to be approved as the control body for the proposed code of racing.\nFor subsection (2) , the commission must have regard to and, if necessary, investigate—\nthe approval application, matters accompanying or included in the approval application as mentioned in the Racing Act , section 46 , and evidence given by the approval applicant in support of the application about the matters mentioned in section 47 of that Act; and\nthe suitability of every business associate and executive associate of the applicant to be associated with the applicant as a control body; and\nif the approval applicant has a business association with another entity—the entity’s character or business reputation.\nIn deciding about the suitability of a business associate or executive associate of the applicant, the commission must have regard to and, if necessary, investigate—\nthe associate’s character or business reputation; and\nif the associate has a business association with another entity—the entity’s character or business reputation.\ns 29 amd 2002 No. 58 s 170 sch 2\n(sec.29-ssec.1) This section applies to the commission in assessing an approval application as mentioned in section 27 .\n(sec.29-ssec.2) The commission must decide whether the applicant for the approval application is suitable to be approved as the control body for the proposed code of racing.\n(sec.29-ssec.3) For subsection (2) , the commission must have regard to and, if necessary, investigate— the approval application, matters accompanying or included in the approval application as mentioned in the Racing Act , section 46 , and evidence given by the approval applicant in support of the application about the matters mentioned in section 47 of that Act; and the suitability of every business associate and executive associate of the applicant to be associated with the applicant as a control body; and if the approval applicant has a business association with another entity—the entity’s character or business reputation.\n(sec.29-ssec.4) In deciding about the suitability of a business associate or executive associate of the applicant, the commission must have regard to and, if necessary, investigate— the associate’s character or business reputation; and if the associate has a business association with another entity—the entity’s character or business reputation.\n- (a) the approval application, matters accompanying or included in the approval application as mentioned in the Racing Act , section 46 , and evidence given by the approval applicant in support of the application about the matters mentioned in section 47 of that Act; and\n- (b) the suitability of every business associate and executive associate of the applicant to be associated with the applicant as a control body; and\n- (c) if the approval applicant has a business association with another entity—the entity’s character or business reputation.\n- (a) the associate’s character or business reputation; and\n- (b) if the associate has a business association with another entity—the entity’s character or business reputation.","sortOrder":26},{"sectionNumber":"sec.30","sectionType":"section","heading":"Commission may require further information or documents","content":"### sec.30 Commission may require further information or documents\n\nFor an investigation under section 29 relating to an approval application, the commission may, by notice given to the applicant for the approval application, require the applicant to give the commission further information or a document relating to any of the following within the reasonable period stated in the notice—\nthe approval application;\nthe applicant;\na business associate or executive associate of the applicant;\nan entity with which the applicant has a business association.\nFor an investigation under section 29 relating to a business associate or executive associate of an applicant, the commission may, by notice given to the associate and a copy of the notice given to the applicant, require the associate to give the commission information or a document relating to the following within the reasonable period stated in the notice—\nthe association with the applicant;\nan entity with which the associate has a business association.\nWhen making the requirement, the commission must warn the applicant and associate that the approval application will not be considered further until the requirement is complied with.\n(sec.30-ssec.1) For an investigation under section 29 relating to an approval application, the commission may, by notice given to the applicant for the approval application, require the applicant to give the commission further information or a document relating to any of the following within the reasonable period stated in the notice— the approval application; the applicant; a business associate or executive associate of the applicant; an entity with which the applicant has a business association.\n(sec.30-ssec.2) For an investigation under section 29 relating to a business associate or executive associate of an applicant, the commission may, by notice given to the associate and a copy of the notice given to the applicant, require the associate to give the commission information or a document relating to the following within the reasonable period stated in the notice— the association with the applicant; an entity with which the associate has a business association.\n(sec.30-ssec.3) When making the requirement, the commission must warn the 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 applicant;\n- (c) a business associate or executive associate of the applicant;\n- (d) an entity with which the applicant has a business association.\n- (a) the association with the applicant;\n- (b) an entity with which the associate has a business association.","sortOrder":27},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Audits and investigations","content":"# Audits and investigations","sortOrder":28},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":"Commission’s powers for investigations","content":"## Commission’s powers for investigations","sortOrder":29},{"sectionNumber":"sec.31","sectionType":"section","heading":"Investigations into suitability of a control body","content":"### sec.31 Investigations into suitability of a control body\n\nThe commission may investigate a control body to find out whether it is suitable under this Act to continue to manage its code of racing.","sortOrder":30},{"sectionNumber":"sec.32","sectionType":"section","heading":"Investigation into suitability of associate of control body","content":"### sec.32 Investigation into suitability of associate of control body\n\nThe commission may investigate a control body associate to decide whether the associate is a suitable person to be, or to continue to be, associated with the control body’s operations.","sortOrder":31},{"sectionNumber":"sec.33","sectionType":"section","heading":"Requirement to give information or document for investigation","content":"### sec.33 Requirement to give information or document for investigation\n\nIn investigating a control body or a control body associate, the commission may, by notice given to the control body or the associate, require the control body or associate to give the commission information or a document the commission reasonably believes relevant to the investigation.\nThe notice must include—\nthe reasonable period within which the control body or control body associate must comply with the requirement; and\na warning that it is an offence to fail to comply with the requirement, unless the control body or associate has a reasonable excuse.\nIf the requirement is made of a control body associate, the commission must give a copy of the notice to the control body.\n(sec.33-ssec.1) In investigating a control body or a control body associate, the commission may, by notice given to the control body or the associate, require the control body or associate to give the commission information or a document the commission reasonably believes relevant to the investigation.\n(sec.33-ssec.2) The notice must include— the reasonable period within which the control body or control body associate must comply with the requirement; and a warning that it is an offence to fail to comply with the requirement, unless the control body or associate has a reasonable excuse.\n(sec.33-ssec.3) If the requirement is made of a control body associate, the commission must give a copy of the notice to the control body.\n- (a) the reasonable period within which the control body or control body associate must comply with the requirement; and\n- (b) a warning that it is an offence to fail to comply with the requirement, unless the control body or associate has a reasonable excuse.","sortOrder":32},{"sectionNumber":"sec.34","sectionType":"section","heading":"Failure to give information or document for investigation","content":"### sec.34 Failure to give information or document for investigation\n\nA person to whom a notice is given under section 33 (1) must comply with the requirement in the notice within the period stated in the notice, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\nThe person does not commit an offence against this section if the information or document sought by the commission is not in fact relevant to the investigation.\n(sec.34-ssec.1) A person to whom a notice is given under section 33 (1) must comply with the requirement in the notice within the period stated in the notice, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.34-ssec.2) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\n(sec.34-ssec.3) The person does not commit an offence against this section if the information or document sought by the commission is not in fact relevant to the investigation.","sortOrder":33},{"sectionNumber":"sec.35","sectionType":"section","heading":"Criminal history report for investigation","content":"### sec.35 Criminal history report for investigation\n\nIf the commission, in investigating a person under section 31 or 32 , asks the police commissioner for a written report on the person’s criminal history, the police commissioner must give the report to the commission.\nThe report is to contain—\nthe person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the person’s criminal history.\nHowever, the duty imposed on the police commissioner applies only to information in the police commissioner’s possession or to which the police commissioner has access.\n(sec.35-ssec.1) If the commission, in investigating a person under section 31 or 32 , asks the police commissioner for a written report on the person’s criminal history, the police commissioner must give the report to the commission.\n(sec.35-ssec.2) The report is to contain— the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the person’s criminal history.\n(sec.35-ssec.3) However, the duty imposed on the police commissioner applies only to information in the police commissioner’s possession or to which the police commissioner has access.\n- (a) the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the person’s criminal history.","sortOrder":34},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":"Commissioner’s powers for audits and investigations","content":"## Commissioner’s powers for audits and investigations","sortOrder":35},{"sectionNumber":"sec.36","sectionType":"section","heading":"Powers for audits and investigations","content":"### sec.36 Powers for audits and investigations\n\nIf the commission is conducting an audit or investigation, the commissioner may—\nact in the absence of a person who has been given reasonable notice of the audit or investigation; and\nreceive evidence on oath or affirmation or by statutory declaration; and\ndisregard a minor defect, error, omission or insufficiency in a document.\nThe commissioner may administer an oath or affirmation to a person appearing as a witness before the commissioner.\n(sec.36-ssec.1) If the commission is conducting an audit or investigation, the commissioner may— act in the absence of a person who has been given reasonable notice of the audit or investigation; and receive evidence on oath or affirmation or by statutory declaration; and disregard a minor defect, error, omission or insufficiency in a document.\n(sec.36-ssec.2) The commissioner may administer an oath or affirmation to a person appearing as a witness before the commissioner.\n- (a) act in the absence of a person who has been given reasonable notice of the audit or investigation; and\n- (b) receive evidence on oath or affirmation or by statutory declaration; and\n- (c) disregard a minor defect, error, omission or insufficiency in a document.","sortOrder":36},{"sectionNumber":"sec.37","sectionType":"section","heading":"Power to require attendance and giving of evidence","content":"### sec.37 Power to require attendance and giving of evidence\n\nIf the commissioner reasonably believes a person has information relevant to an audit or investigation, the commissioner may, by notice given to the person, require the person to attend before the commissioner to answer questions relevant to the audit or investigation.\nThe notice must state—\nthe place at which the person must attend; and\na reasonable time at which, or a reasonable period for which, the person must attend.\nThe notice may require the person to give evidence on oath or affirmation.\n(sec.37-ssec.1) If the commissioner reasonably believes a person has information relevant to an audit or investigation, the commissioner may, by notice given to the person, require the person to attend before the commissioner to answer questions relevant to the audit or investigation.\n(sec.37-ssec.2) The notice must state— the place at which the person must attend; and a reasonable time at which, or a reasonable period for which, the person must attend.\n(sec.37-ssec.3) The notice may require the person to give evidence on oath or affirmation.\n- (a) the place at which the person must attend; and\n- (b) a reasonable time at which, or a reasonable period for which, the person must attend.","sortOrder":37},{"sectionNumber":"sec.38","sectionType":"section","heading":"Power to require information, document or thing","content":"### sec.38 Power to require information, document or thing\n\nIf the commissioner reasonably believes a person has information or a document or thing relevant to an audit or investigation, the commissioner may, by notice given to the person, require the person to—\ngive the information to the commissioner in writing signed by the person or, in the case of a corporation, by an officer of the corporation; or\nproduce the document or thing to the commissioner.\nThe notice must state—\nthe place at which the information, document or thing must be given or produced to the commissioner; and\na reasonable time at which, or a reasonable period within which, the information, document or thing must be given or produced.\n(sec.38-ssec.1) If the commissioner reasonably believes a person has information or a document or thing relevant to an audit or investigation, the commissioner may, by notice given to the person, require the person to— give the information to the commissioner in writing signed by the person or, in the case of a corporation, by an officer of the corporation; or produce the document or thing to the commissioner.\n(sec.38-ssec.2) The notice must state— the place at which the information, document or thing must be given or produced to the commissioner; and a reasonable time at which, or a reasonable period within which, the information, document or thing must be given or produced.\n- (a) give the information to the commissioner in writing signed by the person or, in the case of a corporation, by an officer of the corporation; or\n- (b) produce the document or thing to the commissioner.\n- (a) the place at which the information, document or thing must be given or produced to the commissioner; and\n- (b) a reasonable time at which, or a reasonable period within which, the information, document or thing must be given or produced.","sortOrder":38},{"sectionNumber":"sec.39","sectionType":"section","heading":"Offences relating to audits and investigations","content":"### sec.39 Offences relating to audits and investigations\n\nA person who is given a notice under section 37 or 38 must not, without reasonable excuse—\nfail to attend as required by the notice; or\nfail to continue to attend as required by the commissioner until excused from further attendance; or\nfail to produce a document or thing the person is required to produce by the notice.\nMaximum penalty—100 penalty units.\nA person who is given a notice under section 37 to attend an audit or investigation must not improperly influence, or attempt to improperly influence, someone else who the person knows has been given a notice under section 37 to attend the same audit or investigation.\nMaximum penalty—100 penalty units.\nA person appearing as a witness at an audit or investigation must not, without reasonable excuse—\nfail to take an oath or make an affirmation when required by the commissioner; or\nfail to answer a question the person is required to answer by the commissioner.\nMaximum penalty—100 penalty units.\nA person appearing as a witness at an audit or investigation must not give the commissioner information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nA person who is given a notice under section 38 must not give the commissioner information, or a document containing information, the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (4) or (5) does not apply to a person who, when giving a document—\ntells the commissioner, to the best of the person’s ability, how the information is false or misleading; and\nif the person has, or can reasonably get, the correct information—gives the correct information to the commissioner.\ns 39 amd 2022 No. 24 s 4\n(sec.39-ssec.1) A person who is given a notice under section 37 or 38 must not, without reasonable excuse— fail to attend as required by the notice; or fail to continue to attend as required by the commissioner until excused from further attendance; or fail to produce a document or thing the person is required to produce by the notice. Maximum penalty—100 penalty units.\n(sec.39-ssec.2) A person who is given a notice under section 37 to attend an audit or investigation must not improperly influence, or attempt to improperly influence, someone else who the person knows has been given a notice under section 37 to attend the same audit or investigation. Maximum penalty—100 penalty units.\n(sec.39-ssec.3) A person appearing as a witness at an audit or investigation must not, without reasonable excuse— fail to take an oath or make an affirmation when required by the commissioner; or fail to answer a question the person is required to answer by the commissioner. Maximum penalty—100 penalty units.\n(sec.39-ssec.4) A person appearing as a witness at an audit or investigation must not give the commissioner information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.39-ssec.5) A person who is given a notice under section 38 must not give the commissioner information, or a document containing information, the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.39-ssec.6) Subsection (4) or (5) does not apply to a person who, when giving a document— tells the commissioner, to the best of the person’s ability, how the information is false or misleading; and if the person has, or can reasonably get, the correct information—gives the correct information to the commissioner.\n- (a) fail to attend as required by the notice; or\n- (b) fail to continue to attend as required by the commissioner until excused from further attendance; or\n- (c) fail to produce a document or thing the person is required to produce by the notice.\n- (a) fail to take an oath or make an affirmation when required by the commissioner; or\n- (b) fail to answer a question the person is required to answer by the commissioner.\n- (a) tells the commissioner, to the best of the person’s ability, how the information is false or misleading; and\n- (b) if the person has, or can reasonably get, the correct information—gives the correct information to the commissioner.","sortOrder":39},{"sectionNumber":"sec.40","sectionType":"section","heading":"Power to refuse to investigate complaint","content":"### sec.40 Power to refuse to investigate complaint\n\nThis section applies if a person makes a complaint to the commission about a matter relevant to a code of racing.\nThe commissioner may refuse to investigate the complaint or, having started to investigate the complaint, may refuse to continue the investigation if—\nthe matter is being investigated by another entity; or\nthe commissioner is reasonably satisfied—\nit is appropriate for another entity to investigate the matter; or\nthe complaint is about a frivolous matter or was made vexatiously.\nIf the commissioner refuses to investigate or continue to investigate a complaint under subsection (2) , the commissioner must prepare a report stating—\nthe reasons the commissioner refused to investigate or to continue to investigate the complaint; and\nwhether the commissioner is likely to investigate or continue to investigate the complaint in the future; and\nany other matter the commissioner considers reasonable to include in the report.\nThe commissioner must give a copy of the report to the Minister.\n(sec.40-ssec.1) This section applies if a person makes a complaint to the commission about a matter relevant to a code of racing.\n(sec.40-ssec.2) The commissioner may refuse to investigate the complaint or, having started to investigate the complaint, may refuse to continue the investigation if— the matter is being investigated by another entity; or the commissioner is reasonably satisfied— it is appropriate for another entity to investigate the matter; or the complaint is about a frivolous matter or was made vexatiously.\n(sec.40-ssec.3) If the commissioner refuses to investigate or continue to investigate a complaint under subsection (2) , the commissioner must prepare a report stating— the reasons the commissioner refused to investigate or to continue to investigate the complaint; and whether the commissioner is likely to investigate or continue to investigate the complaint in the future; and any other matter the commissioner considers reasonable to include in the report.\n(sec.40-ssec.4) The commissioner must give a copy of the report to the Minister.\n- (a) the matter is being investigated by another entity; or\n- (b) the commissioner is reasonably satisfied— (i) it is appropriate for another entity to investigate the matter; or (ii) the complaint is about a frivolous matter or was made vexatiously.\n- (i) it is appropriate for another entity to investigate the matter; or\n- (ii) the complaint is about a frivolous matter or was made vexatiously.\n- (i) it is appropriate for another entity to investigate the matter; or\n- (ii) the complaint is about a frivolous matter or was made vexatiously.\n- (a) the reasons the commissioner refused to investigate or to continue to investigate the complaint; and\n- (b) whether the commissioner is likely to investigate or continue to investigate the complaint in the future; and\n- (c) any other matter the commissioner considers reasonable to include in the report.","sortOrder":40},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Reporting and accountability","content":"# Reporting and accountability","sortOrder":41},{"sectionNumber":"ch.2-pt.6-div.1","sectionType":"division","heading":"Reporting generally","content":"## Reporting generally","sortOrder":42},{"sectionNumber":"sec.41","sectionType":"section","heading":"Quarterly reports","content":"### sec.41 Quarterly reports\n\nThe commission must give the Minister a report on its operations for each quarter in a financial year.\nA 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 commission and the Minister—within the agreed period.\nA quarterly report must contain the information required to be given in the report under the commission’s operational plan.\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.\n(sec.41-ssec.1) The commission must give the Minister a report on its operations for each quarter in a financial year.\n(sec.41-ssec.2) A 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 commission and the Minister—within the agreed period.\n(sec.41-ssec.3) A quarterly report must contain the information required to be given in the report under the commission’s operational plan.\n(sec.41-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 commission 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":43},{"sectionNumber":"sec.42","sectionType":"section","heading":"Commission to keep Minister informed","content":"### sec.42 Commission to keep Minister informed\n\nThe commission must—\nkeep the Minister reasonably informed of its operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and\nimmediately inform the Minister of any matters that arise that, in the commission’s opinion, may—\nprevent, or significantly affect, achievement of the objectives in its strategic and operational plans; or\nsignificantly impact on public confidence in the integrity of the Queensland racing industry.\n- (a) keep the Minister reasonably informed of its operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and\n- (b) immediately inform the Minister of any matters that arise that, in the commission’s opinion, may— (i) prevent, or significantly affect, achievement of the objectives in its strategic and operational plans; or (ii) significantly impact on public confidence in the integrity of the Queensland racing industry.\n- (i) prevent, or significantly affect, achievement of the objectives in its strategic and operational plans; or\n- (ii) significantly impact on public confidence in the integrity of the Queensland racing industry.\n- (i) prevent, or significantly affect, achievement of the objectives in its strategic and operational plans; or\n- (ii) significantly impact on public confidence in the integrity of the Queensland racing industry.","sortOrder":44},{"sectionNumber":"sec.43","sectionType":"section","heading":"Reporting to department","content":"### sec.43 Reporting to department\n\nThe Minister may act under this section for the purpose of monitoring, assessing or reporting on the commission’s performance of its functions.\nThe Minister may require the commission to report to the department by, for example, giving stated information at stated times to the chief executive.\nThe commission must comply with the requirement.\n(sec.43-ssec.1) The Minister may act under this section for the purpose of monitoring, assessing or reporting on the commission’s performance of its functions.\n(sec.43-ssec.2) The Minister may require the commission to report to the department by, for example, giving stated information at stated times to the chief executive.\n(sec.43-ssec.3) The commission must comply with the requirement.","sortOrder":45},{"sectionNumber":"sec.44","sectionType":"section","heading":"Other reporting requirements","content":"### sec.44 Other reporting requirements\n\nSections 42 and 43 do not limit the matters of which the commission is required to keep the Minister informed, or limit the reports or information that the commission is required, or may be required, to give under another Act.","sortOrder":46},{"sectionNumber":"ch.2-pt.6-div.2","sectionType":"division","heading":"Annual reports","content":"## Annual reports","sortOrder":47},{"sectionNumber":"sec.45","sectionType":"section","heading":"Annual report","content":"### sec.45 Annual report\n\nThe annual report for a financial year must contain details of the operations of the commission during the financial year.\nWithout limiting subsection (1) , the annual report must contain the following—\na review of the work undertaken by the commission during the financial year; and\nproposals, if any, for improving the operations of the commission; and\na forecast of the work of the commission for the following financial year.\nIn this section—\nannual report means the commission’s annual report under the Financial Accountability Act 2009 .\n(sec.45-ssec.1) The annual report for a financial year must contain details of the operations of the commission during the financial year.\n(sec.45-ssec.2) Without limiting subsection (1) , the annual report must contain the following— a review of the work undertaken by the commission during the financial year; and proposals, if any, for improving the operations of the commission; and a forecast of the work of the commission for the following financial year.\n(sec.45-ssec.3) In this section— annual report means the commission’s annual report under the Financial Accountability Act 2009 .\n- (a) a review of the work undertaken by the commission during the financial year; and\n- (b) proposals, if any, for improving the operations of the commission; and\n- (c) a forecast of the work of the commission for the following financial year.","sortOrder":48},{"sectionNumber":"ch.2-pt.6-div.3","sectionType":"division","heading":"Strategic and operational plans","content":"## Strategic and operational plans","sortOrder":49},{"sectionNumber":"sec.46","sectionType":"section","heading":"Interaction with the Financial Accountability Act 2009","content":"### sec.46 Interaction with the Financial Accountability Act 2009\n\nIf something is required to be done under this division 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 under this division are in addition to the requirements under the Financial Accountability Act 2009 .\nIf there is an inconsistency between this division and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.\n(sec.46-ssec.1) If something is required to be done under this division 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.46-ssec.2) Otherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009 .\n(sec.46-ssec.3) If there is an inconsistency between this division and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.","sortOrder":50},{"sectionNumber":"sec.47","sectionType":"section","heading":"Draft strategic and operational plans","content":"### sec.47 Draft strategic and operational plans\n\nBefore 31 March each year, the commission must prepare, and give to the Minister, a draft strategic plan and a draft operational plan for the next financial year.\nThe commission 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.\n(sec.47-ssec.1) Before 31 March each year, the commission must prepare, and give to the Minister, a draft strategic plan and a draft operational plan for the next financial year.\n(sec.47-ssec.2) The commission 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":51},{"sectionNumber":"sec.48","sectionType":"section","heading":"Procedures","content":"### sec.48 Procedures\n\nThe Minister may return the draft strategic or operational plan to the commission and ask the commission—\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 its consideration or further consideration.\nThe commission must comply with the request as a matter of urgency.\nIf the draft plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the commission—\nto take stated steps in relation to the draft plan; or\nto make stated modifications of the draft plan.\nThe commission must immediately comply with the direction and include a copy of the direction in the plan.\n(sec.48-ssec.1) The Minister may return the draft strategic or operational plan to the commission and ask the commission— 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 its consideration or further consideration.\n(sec.48-ssec.2) The commission must comply with the request as a matter of urgency.\n(sec.48-ssec.3) If the draft plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the commission— to take stated steps in relation to the draft plan; or to make stated modifications of the draft plan.\n(sec.48-ssec.4) The commission 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 its 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":52},{"sectionNumber":"sec.49","sectionType":"section","heading":"Strategic or operational plan pending agreement","content":"### sec.49 Strategic or operational plan pending agreement\n\nThis section applies if the Minister and the commission have not agreed to the draft strategic or operational plan before the start of the relevant financial year.\nThe draft plan given, or last given, by the commission to the Minister before the start of the financial year, with any modifications made by the commission, whether before or after that time, at the direction of the Minister, is taken to be the commission’s strategic or operational plan.\nSubsection (2) applies until a draft strategic or operational plan becomes the commission’s strategic or operational plan under section 50 .\n(sec.49-ssec.1) This section applies if the Minister and the commission have not agreed to the draft strategic or operational plan before the start of the relevant financial year.\n(sec.49-ssec.2) The draft plan given, or last given, by the commission to the Minister before the start of the financial year, with any modifications made by the commission, whether before or after that time, at the direction of the Minister, is taken to be the commission’s strategic or operational plan.\n(sec.49-ssec.3) Subsection (2) applies until a draft strategic or operational plan becomes the commission’s strategic or operational plan under section 50 .","sortOrder":53},{"sectionNumber":"sec.50","sectionType":"section","heading":"Strategic or operational plan on agreement","content":"### sec.50 Strategic or operational plan on agreement\n\nWhen the draft strategic or operational plan has been agreed to in writing by the Minister, it becomes the commission’s strategic or operational plan for the relevant financial year.","sortOrder":54},{"sectionNumber":"sec.51","sectionType":"section","heading":"Compliance with strategic and operational plans","content":"### sec.51 Compliance with strategic and operational plans\n\nThe commission must comply with its strategic and operational plans for a financial year.","sortOrder":55},{"sectionNumber":"sec.52","sectionType":"section","heading":"Modifications of strategic or operational plan","content":"### sec.52 Modifications of strategic or operational plan\n\nThe commission may modify its strategic or operational plan only with the written agreement of the Minister.\nThe Minister may, by written notice, direct the commission to modify its strategic or operational plan.\n(sec.52-ssec.1) The commission may modify its strategic or operational plan only with the written agreement of the Minister.\n(sec.52-ssec.2) The Minister may, by written notice, direct the commission to modify its strategic or operational plan.","sortOrder":56},{"sectionNumber":"sec.53","sectionType":"section","heading":"Content of strategic and operational plans","content":"### sec.53 Content of strategic and operational plans\n\nThe commission’s strategic plan for a financial year must include the matters prescribed by regulation.\nThe commission’s operational plan for a financial year must include the matters prescribed by regulation.\n(sec.53-ssec.1) The commission’s strategic plan for a financial year must include the matters prescribed by regulation.\n(sec.53-ssec.2) The commission’s operational plan for a financial year must include the matters prescribed by regulation.","sortOrder":57},{"sectionNumber":"ch.2-pt.6A","sectionType":"part","heading":"Information sharing","content":"# Information sharing","sortOrder":58},{"sectionNumber":"sec.53A","sectionType":"section","heading":"Exchange of information","content":"### sec.53A Exchange of information\n\nThe commission may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information—\nheld by the commission or the relevant agency; or\nto which the commission or the relevant agency has access.\nAn information-sharing arrangement may relate only to information that assists—\nthe commission perform the commission’s functions under this Act; or\nthe relevant agency perform its functions.\nUnder an information-sharing arrangement, the commission and the relevant agency are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nThe commission may use criminal intelligence given to the commission by the police commissioner under an information-sharing arrangement only for monitoring compliance with this Act.\nIn this section—\ninformation does not include information given to the commission or a relevant agency, or to which the commission or relevant agency has access, under the Crime and Corruption Act 2001 .\nrelevant agency means the following—\nthe police commissioner;\nthe chief executive of a department;\na local government;\na person prescribed by regulation.\ns 53A (prev s 98A) ins 2016 No. 62 s 348\nreloc and renum 2020 No. 23 s 59\n(sec.53A-ssec.1) The commission may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information— held by the commission or the relevant agency; or to which the commission or the relevant agency has access.\n(sec.53A-ssec.2) An information-sharing arrangement may relate only to information that assists— the commission perform the commission’s functions under this Act; or the relevant agency perform its functions.\n(sec.53A-ssec.3) Under an information-sharing arrangement, the commission and the relevant agency are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.53A-ssec.4) The commission may use criminal intelligence given to the commission by the police commissioner under an information-sharing arrangement only for monitoring compliance with this Act.\n(sec.53A-ssec.5) In this section— information does not include information given to the commission or a relevant agency, or to which the commission or relevant agency has access, under the Crime and Corruption Act 2001 . relevant agency means the following— the police commissioner; the chief executive of a department; a local government; a person prescribed by regulation.\n- (a) held by the commission or the relevant agency; or\n- (b) to which the commission or the relevant agency has access.\n- (a) the commission perform the commission’s functions under this Act; or\n- (b) the relevant agency perform its functions.\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.\n- (a) the police commissioner;\n- (b) the chief executive of a department;\n- (c) a local government;\n- (d) a person prescribed by regulation.","sortOrder":59},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":60},{"sectionNumber":"sec.54","sectionType":"section","heading":"Funding","content":"### sec.54 Funding\n\nThe cost of the performance of the commission’s functions is to be funded mainly by the control bodies.\nThe chief executive must—\ndecide the amount a control body must pay from time to time towards the cost of the performance of the commission’s functions; and\ngive the control body an invoice for the amount.\nThe amount of the invoice is payable 28 days after the control body receives the invoice.\n(sec.54-ssec.1) The cost of the performance of the commission’s functions is to be funded mainly by the control bodies.\n(sec.54-ssec.2) The chief executive must— decide the amount a control body must pay from time to time towards the cost of the performance of the commission’s functions; and give the control body an invoice for the amount.\n(sec.54-ssec.3) The amount of the invoice is payable 28 days after the control body receives the invoice.\n- (a) decide the amount a control body must pay from time to time towards the cost of the performance of the commission’s functions; and\n- (b) give the control body an invoice for the amount.","sortOrder":61},{"sectionNumber":"sec.55","sectionType":"section","heading":"Recovery of unpaid amounts","content":"### sec.55 Recovery of unpaid amounts\n\nIf a control body does not pay an amount payable under section 54 (3) , the State may recover the amount from the control body as a debt.","sortOrder":62},{"sectionNumber":"sec.56","sectionType":"section","heading":"Commission may charge fees for its services","content":"### sec.56 Commission may charge fees for its services\n\nThe commission may charge fees for services it provides as part of the performance of its functions.\nA fee charged by the commission for its service, including matters relating to licensing, must reflect the reasonable cost to the commission of providing the service.\nDespite subsection (1) , the commission must not charge a fee for a service provided under this Act or the Racing Act to the Minister or the chief executive.\n(sec.56-ssec.1) The commission may charge fees for services it provides as part of the performance of its functions.\n(sec.56-ssec.2) A fee charged by the commission for its service, including matters relating to licensing, must reflect the reasonable cost to the commission of providing the service.\n(sec.56-ssec.3) Despite subsection (1) , the commission must not charge a fee for a service provided under this Act or the Racing Act to the Minister or the chief executive.","sortOrder":63},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":64},{"sectionNumber":"sec.57","sectionType":"section","heading":"Purpose of chapter","content":"### sec.57 Purpose of chapter\n\nThe main purpose of this chapter is to provide for the way the commission may perform its functions in relation to each code of racing.\nGenerally, the commission performs its functions by making standards for each code of racing, particularly about the licensing scheme for controlling activities relating to animals and participants and about the way in which races are to be held for the code of racing.\nThe standards ensure there is guidance for persons involved in the code of racing and transparent decision-making relating to matters dealt with by the standards.\n(sec.57-ssec.1) The main purpose of this chapter is to provide for the way the commission may perform its functions in relation to each code of racing.\n(sec.57-ssec.2) Generally, the commission performs its functions by making standards for each code of racing, particularly about the licensing scheme for controlling activities relating to animals and participants and about the way in which races are to be held for the code of racing.\n(sec.57-ssec.3) The standards ensure there is guidance for persons involved in the code of racing and transparent decision-making relating to matters dealt with by the standards.","sortOrder":65},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Standards","content":"# Standards","sortOrder":66},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"General provisions about standards","content":"## General provisions about standards","sortOrder":67},{"sectionNumber":"sec.58","sectionType":"section","heading":"Standards for codes of racing","content":"### sec.58 Standards for codes of racing\n\nThe commission may make a standard for a code of racing if—\nthe standard is required under this Act or a Ministerial direction; or\nthe commission reasonably believes it is good management to have the standard.\nA regulation may prescribe that the commission must make a standard for a particular matter and the provisions to be included in the standard for the matter.\n(sec.58-ssec.1) The commission may make a standard for a code of racing if— the standard is required under this Act or a Ministerial direction; or the commission reasonably believes it is good management to have the standard.\n(sec.58-ssec.2) A regulation may prescribe that the commission must make a standard for a particular matter and the provisions to be included in the standard for the matter.\n- (a) the standard is required under this Act or a Ministerial direction; or\n- (b) the commission reasonably believes it is good management to have the standard.","sortOrder":68},{"sectionNumber":"sec.59","sectionType":"section","heading":"Form of standards","content":"### sec.59 Form of standards\n\nA standard must state the following—\nits name;\nthe day the commission made the standard;\nthe day it takes effect;\nits purpose;\nwho will be affected by it;\nhow the commission will make decisions about matters provided for by the standard;\nwhether the standard will provide for matters about rules of racing.\nThe commission makes a standard when the standard is approved by the commissioner.\nA standard can not take effect on a day earlier than the day the commissioner approves the standard.\nIf the commission wishes to amend a standard, it must make a new standard.\n(sec.59-ssec.1) A standard must state the following— its name; the day the commission made the standard; the day it takes effect; its purpose; who will be affected by it; how the commission will make decisions about matters provided for by the standard; whether the standard will provide for matters about rules of racing.\n(sec.59-ssec.2) The commission makes a standard when the standard is approved by the commissioner.\n(sec.59-ssec.3) A standard can not take effect on a day earlier than the day the commissioner approves the standard.\n(sec.59-ssec.4) If the commission wishes to amend a standard, it must make a new standard.\n- (a) its name;\n- (b) the day the commission made the standard;\n- (c) the day it takes effect;\n- (d) its purpose;\n- (e) who will be affected by it;\n- (f) how the commission will make decisions about matters provided for by the standard;\n- (g) whether the standard will provide for matters about rules of racing.","sortOrder":69},{"sectionNumber":"sec.60","sectionType":"section","heading":"Availability of standards","content":"### sec.60 Availability of standards\n\nThe commission must ensure each standard is publicly available.\nWithout limiting subsection (1) , the commission must, for each of the standards—\ngive a copy of the standard to the chief executive and each control body within 14 days after it makes the standard; and\nmake the standard available for inspection, free of charge, at its business address during its ordinary office hours and on its website; and\nif a person asks for a copy of the standard, give the person a copy on payment of a fee that is no more than the reasonable cost of providing the copy.\n(sec.60-ssec.1) The commission must ensure each standard is publicly available.\n(sec.60-ssec.2) Without limiting subsection (1) , the commission must, for each of the standards— give a copy of the standard to the chief executive and each control body within 14 days after it makes the standard; and make the standard available for inspection, free of charge, at its business address during its ordinary office hours and on its website; and if a person asks for a copy of the standard, give the person a copy on payment of a fee that is no more than the reasonable cost of providing the copy.\n- (a) give a copy of the standard to the chief executive and each control body within 14 days after it makes the standard; and\n- (b) make the standard available for inspection, free of charge, at its business address during its ordinary office hours and on its website; and\n- (c) if a person asks for a copy of the standard, give the person a copy on payment of a fee that is no more than the reasonable cost of providing the copy.","sortOrder":70},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application of standards","content":"### sec.61 Application of standards\n\nTo remove any doubt, it is declared that a standard may apply to an animal, club, participant or venue even though it was not licensed when the standard was made.","sortOrder":71},{"sectionNumber":"sec.62","sectionType":"section","heading":"Standards are statutory instruments","content":"### sec.62 Standards are statutory instruments\n\nA standard is a statutory instrument.","sortOrder":72},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Standards for licensing schemes","content":"## Standards for licensing schemes","sortOrder":73},{"sectionNumber":"sec.63","sectionType":"section","heading":"Purposes of licensing schemes","content":"### sec.63 Purposes of licensing schemes\n\nThe purposes of the licensing scheme for a code of racing are to ensure—\nthe integrity of racing activities conducted as part of the code; and\nthe safety of persons involved in racing or training licensed animals; and\nthe welfare of licensed animals while involved in racing or training, or activities associated with racing or training; and\nthe responsible breeding of horses for racing.\ns 63 amd 2022 No. 35 s 47\n- (a) the integrity of racing activities conducted as part of the code; and\n- (b) the safety of persons involved in racing or training licensed animals; and\n- (c) the welfare of licensed animals while involved in racing or training, or activities associated with racing or training; and\n- (d) the responsible breeding of horses for racing.","sortOrder":74},{"sectionNumber":"sec.64","sectionType":"section","heading":"Standards for licensing schemes for codes of racing","content":"### sec.64 Standards for licensing schemes for codes of racing\n\nThe commission must make a standard for a licensing scheme for each code of racing.\nIn developing the standard for a licensing scheme for a code of racing, the commission 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.64-ssec.1) The commission must make a standard for a licensing scheme for each code of racing.\n(sec.64-ssec.2) In developing the standard for a licensing scheme for a code of racing, the commission must consider the privileges and duties that are to attach to a licence it issues and other matters relevant to an effective licensing scheme.","sortOrder":75},{"sectionNumber":"sec.65","sectionType":"section","heading":"Standards for a licensing scheme—mandatory matters","content":"### sec.65 Standards for a licensing scheme—mandatory matters\n\nThe standard for a licensing scheme must provide for all of the following matters—\nthe licences the commission may issue for each code of racing, including identifying the activities for which a licence is required;\nthe way a person may apply for a licence, having regard to section 67 ;\nthe criteria for each type of licence, including appropriate qualifications for, and disqualifications from, obtaining the licence;\nthe way the commission will deal with an application for a licence, including the applicant’s right to make further submissions 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;\nthe giving of an information notice about 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 animals and participants will be audited to decide if a licensed animal or participant continues to be suitable to be licensed;\nthe grounds for taking disciplinary action relating to a licence—\nfor matters dealt with in the rules of racing for the code of racing for which the licence is issued; or\nin the circumstance mentioned in subsection (2) for the licence;\nwhen and how a licence may be immediately suspended to protect the safety of persons or welfare of animals;\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 disciplinary action;\nthe way the licence holder may make submissions about the proposed disciplinary 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 commission notice of—\na change of address; or\na change to the place for the keeping of a licensed animal; or\nif the licence holder is a corporation—a change to the corporation’s executive officers;\nserving notices on licence holders;\nthe fees payable to the commission, including fees payable in relation to licensing for each code of racing.\nThe standard for a licensing scheme must also provide that, after auditing a licensed animal or participant, if the commission is not satisfied it is suitable to continue to be licensed, the commission must take disciplinary action relating to the licence.\nThis section does not limit section 64 .\ns 65 amd 2022 No. 24 s 5\n(sec.65-ssec.1) The standard for a licensing scheme must provide for all of the following matters— the licences the commission may issue for each code of racing, including identifying the activities for which a licence is required; the way a person may apply for a licence, having regard to section 67 ; the criteria for each type of licence, including appropriate qualifications for, and disqualifications from, obtaining the licence; the way the commission will deal with an application for a licence, including the applicant’s right to make further submissions 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; the giving of an information notice about 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 animals and participants will be audited to decide if a licensed animal or participant continues to be suitable to be licensed; the grounds for taking disciplinary action relating to a licence— for matters dealt with in the rules of racing for the code of racing for which the licence is issued; or in the circumstance mentioned in subsection (2) for the licence; when and how a licence may be immediately suspended to protect the safety of persons or welfare of animals; 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 disciplinary action; the way the licence holder may make submissions about the proposed disciplinary 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 commission notice of— a change of address; or a change to the place for the keeping of a licensed animal; or if the licence holder is a corporation—a change to the corporation’s executive officers; serving notices on licence holders; the fees payable to the commission, including fees payable in relation to licensing for each code of racing.\n(sec.65-ssec.2) The standard for a licensing scheme must also provide that, after auditing a licensed animal or participant, if the commission is not satisfied it is suitable to continue to be licensed, the commission must take disciplinary action relating to the licence.\n(sec.65-ssec.3) This section does not limit section 64 .\n- (a) the licences the commission may issue for each code of racing, including identifying the activities for which a licence is required;\n- (b) the way a person may apply for a licence, having regard to section 67 ;\n- (c) the criteria for each type of licence, including appropriate qualifications for, and disqualifications from, obtaining the licence;\n- (d) the way the commission will deal with an application for a licence, including the applicant’s right to make further submissions 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) the giving of an information notice about 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 animals and participants will be audited to decide if a licensed animal or participant continues to be suitable to be licensed;\n- (i) the grounds for taking disciplinary action relating to a licence— (i) for matters dealt with in the rules of racing for the code of racing for which the licence is issued; or (ii) in the circumstance mentioned in subsection (2) for the licence;\n- (i) for matters dealt with in the rules of racing for the code of racing for which the licence is issued; or\n- (ii) in the circumstance mentioned in subsection (2) for the licence;\n- (j) when and how a licence may be immediately suspended to protect the safety of persons or welfare of animals;\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 disciplinary action; (iii) the way the licence holder may make submissions about the proposed disciplinary action;\n- (i) the procedure for giving a licence holder notice of the grounds for taking the disciplinary action;\n- (ii) the proposed disciplinary action;\n- (iii) the way the licence holder may make submissions about the proposed disciplinary 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 commission notice of— (i) a change of address; or (ii) a change to the place for the keeping of a licensed animal; 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- (ii) a change to the place for the keeping of a licensed animal; or\n- (iii) if the licence holder is a corporation—a change to the corporation’s executive officers;\n- (p) serving notices on licence holders;\n- (q) the fees payable to the commission, including fees payable in relation to licensing for each code of racing.\n- (i) for matters dealt with in the rules of racing for the code of racing for which the licence is issued; or\n- (ii) in the circumstance mentioned in subsection (2) for the licence;\n- (i) the procedure for giving a licence holder notice of the grounds for taking the disciplinary action;\n- (ii) the proposed disciplinary action;\n- (iii) the way the licence holder may make submissions about the proposed disciplinary action;\n- (i) a change of address; or\n- (ii) a change to the place for the keeping of a licensed animal; or\n- (iii) if the licence holder is a corporation—a change to the corporation’s executive officers;","sortOrder":76},{"sectionNumber":"sec.66","sectionType":"section","heading":"Standards for a licensing scheme—discretionary matters","content":"### sec.66 Standards for a licensing scheme—discretionary matters\n\nThe standard for a licensing scheme may provide for the following matters—\nwhether an applicant for a licence is 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 is provision for provisional or temporary licences;\nthe attaching of conditions to the grant of a licence, including, for example, that the licence may allow access to the licence holder’s place of business or where a licensed animal is kept.\nThe standard for a licensing scheme may also provide for matters relating to an offcourse approval held by a racing bookmaker that are relevant to an effective licensing scheme.\nThis section does not limit section 64 .\n(sec.66-ssec.1) The standard for a licensing scheme may provide for the following matters— whether an applicant for a licence is 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 is provision for provisional or temporary licences; the attaching of conditions to the grant of a licence, including, for example, that the licence may allow access to the licence holder’s place of business or where a licensed animal is kept.\n(sec.66-ssec.2) The standard for a licensing scheme may also provide for matters relating to an offcourse approval held by a racing bookmaker that are relevant to an effective licensing scheme.\n(sec.66-ssec.3) This section does not limit section 64 .\n- (a) whether an applicant for a licence is 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 is provision for provisional or temporary licences;\n- (c) the attaching of conditions to the grant of a licence, including, for example, that the licence may allow access to the licence holder’s place of business or where a licensed animal is kept.","sortOrder":77},{"sectionNumber":"sec.67","sectionType":"section","heading":"Application for licence","content":"### sec.67 Application for licence\n\nThe standard for a licensing scheme must require a person who wishes to obtain a licence for an animal or participant (the proposed licensee ) to apply for the licence in the approved 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.\nThe standard for a licensing scheme may require an application for a licence 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 (3) , the commission may consider all convictions stated in the national police certificate as relevant to the application for the licence.\nIn this section—\nnational police certificate means a document known as a national police certificate and available from the police commissioner.\n(sec.67-ssec.1) The standard for a licensing scheme must require a person who wishes to obtain a licence for an animal or participant (the proposed licensee ) to apply for the licence in the approved form.\n(sec.67-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.67-ssec.3) The standard for a licensing scheme may require an application for a licence 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.67-ssec.4) If a national police certificate is required under subsection (3) , the commission may consider all convictions stated in the national police certificate as relevant to the application for the licence.\n(sec.67-ssec.5) In this section— national police certificate means a document known as a national police certificate and available from the police commissioner.\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) if the applicant is an individual—the individual; or\n- (b) if the applicant is a corporation—each executive officer of the corporation.","sortOrder":78},{"sectionNumber":"sec.68","sectionType":"section","heading":"Licences may not be transferred","content":"### sec.68 Licences may not be transferred\n\nThe standard for a licensing scheme must not allow a person who is licensed to transfer the licence to another person.","sortOrder":79},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Other matters about policies","content":"## Other matters about policies","sortOrder":80},{"sectionNumber":"sec.69","sectionType":"section","heading":"Same animal or participant may be licensed for multiple codes of racing","content":"### sec.69 Same animal or participant may be licensed for multiple codes of racing\n\nThis Act does not prevent an animal or participant licensed for a code of racing being licensed for another code of racing.","sortOrder":81},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Requirements for racing bookmakers’ licences and for related matters","content":"# Requirements for racing bookmakers’ licences and for related matters","sortOrder":82},{"sectionNumber":"sec.70","sectionType":"section","heading":"Requirement to hold racing bookmaker’s licence or approval","content":"### sec.70 Requirement to hold racing bookmaker’s licence or approval\n\nA person must not carry on bookmaking for a code of racing at any time at a licensed venue unless—\nthe person is a racing bookmaker for the code of racing; and\nthe control body for the code of racing is managing the venue at the time; and\nthe commission is exercising control at the venue at the time.\nMaximum penalty—600 penalty units.\nA person must not carry on bookmaking at a place unless—\nthe person is a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place; and\nthe place is an approved place for the offcourse approval.\nMaximum penalty—600 penalty units.\nA racing bookmaker for a code of racing who is an individual must, unless the individual has a reasonable excuse, have the individual’s licence with the individual at all times the individual is carrying on bookmaking at a licensed venue when—\nthe control body for the code of racing is managing the venue; and\nthe commission is exercising control at the venue.\nMaximum penalty—40 penalty units.\nA racing bookmaker who is an individual and holds an offcourse approval for carrying on bookmaking at an approved place must have the individual’s approval with the individual at all times the individual is carrying on bookmaking at the approved place, unless the individual has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA licensed executive officer of a corporation that is a racing bookmaker for a code of racing must, unless the officer has a reasonable excuse, have the corporation’s licence, or a certified copy of the corporation’s licence, with the officer at all times the officer is carrying on bookmaking for the corporation at a licensed venue when—\nthe control body for the code of racing is managing the venue; and\nthe commission is exercising control at the venue.\nMaximum penalty—40 penalty units.\nA licensed executive officer of a corporation that is a racing bookmaker and holds an offcourse approval for carrying on bookmaking at an approved place must have the corporation’s approval, or a certified copy of the corporation’s approval, with the officer at all times the officer is carrying on bookmaking for the corporation at the approved place, unless the officer has a reasonable excuse.\nMaximum penalty—40 penalty units.\n(sec.70-ssec.1) A person must not carry on bookmaking for a code of racing at any time at a licensed venue unless— the person is a racing bookmaker for the code of racing; and the control body for the code of racing is managing the venue at the time; and the commission is exercising control at the venue at the time. Maximum penalty—600 penalty units.\n(sec.70-ssec.2) A person must not carry on bookmaking at a place unless— the person is a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place; and the place is an approved place for the offcourse approval. Maximum penalty—600 penalty units.\n(sec.70-ssec.3) A racing bookmaker for a code of racing who is an individual must, unless the individual has a reasonable excuse, have the individual’s licence with the individual at all times the individual is carrying on bookmaking at a licensed venue when— the control body for the code of racing is managing the venue; and the commission is exercising control at the venue. Maximum penalty—40 penalty units.\n(sec.70-ssec.4) A racing bookmaker who is an individual and holds an offcourse approval for carrying on bookmaking at an approved place must have the individual’s approval with the individual at all times the individual is carrying on bookmaking at the approved place, unless the individual has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.70-ssec.5) A licensed executive officer of a corporation that is a racing bookmaker for a code of racing must, unless the officer has a reasonable excuse, have the corporation’s licence, or a certified copy of the corporation’s licence, with the officer at all times the officer is carrying on bookmaking for the corporation at a licensed venue when— the control body for the code of racing is managing the venue; and the commission is exercising control at the venue. Maximum penalty—40 penalty units.\n(sec.70-ssec.6) A licensed executive officer of a corporation that is a racing bookmaker and holds an offcourse approval for carrying on bookmaking at an approved place must have the corporation’s approval, or a certified copy of the corporation’s approval, with the officer at all times the officer is carrying on bookmaking for the corporation at the approved place, unless the officer has a reasonable excuse. Maximum penalty—40 penalty units.\n- (a) the person is a racing bookmaker for the code of racing; and\n- (b) the control body for the code of racing is managing the venue at the time; and\n- (c) the commission is exercising control at the venue at the time.\n- (a) the person is a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place; and\n- (b) the place is an approved place for the offcourse approval.\n- (a) the control body for the code of racing is managing the venue; and\n- (b) the commission is exercising control at the venue.\n- (a) the control body for the code of racing is managing the venue; and\n- (b) the commission is exercising control at the venue.","sortOrder":83},{"sectionNumber":"sec.71","sectionType":"section","heading":"Requirement for racing bookmaker to hire licensed clerk","content":"### sec.71 Requirement for racing bookmaker to hire licensed clerk\n\nA racing bookmaker for a code of racing must not, at a licensed venue, employ someone else in the conduct of the racing bookmaker’s business unless—\nthe other person is a racing bookmaker’s clerk; and\nthe control body for the code of racing 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 racing bookmaker for a code of racing who holds an offcourse approval for carrying on bookmaking at an approved place must not, at the approved place, employ someone else in the conduct of the racing bookmaker’s business unless the other person is a racing bookmaker’s clerk for that code of racing.\nMaximum penalty—200 penalty units.\nA racing bookmaker that is a corporation does not commit an offence against subsection (1) or (2) merely because a licensed executive officer of the corporation carries on bookmaking for the corporation.\n(sec.71-ssec.1) A racing bookmaker for a code of racing must not, at a licensed venue, employ someone else in the conduct of the racing bookmaker’s business unless— the other person is a racing bookmaker’s clerk; and the control body for the code of racing 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.71-ssec.2) A racing bookmaker for a code of racing who holds an offcourse approval for carrying on bookmaking at an approved place must not, at the approved place, employ someone else in the conduct of the racing bookmaker’s business unless the other person is a racing bookmaker’s clerk for that code of racing. Maximum penalty—200 penalty units.\n(sec.71-ssec.3) A racing bookmaker that is a corporation does not commit an offence against subsection (1) or (2) merely because a licensed executive officer of the corporation carries on bookmaking for the corporation.\n- (a) the other person is a racing bookmaker’s clerk; and\n- (b) the control body for the code of racing is managing the venue at the time; and\n- (c) the commission is exercising control at the venue at the time.","sortOrder":84},{"sectionNumber":"sec.72","sectionType":"section","heading":"Requirement to hold licence as racing bookmaker’s clerk","content":"### sec.72 Requirement to hold licence as racing bookmaker’s clerk\n\nA person must not be employed by a racing bookmaker for a code of racing at a licensed venue in the conduct of the racing bookmaker’s business unless the person—\nis a racing bookmaker’s clerk for the code of racing; or\nif the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation.\nMaximum penalty—200 penalty units.\nA person must not be employed by a bookmaker for a code of racing who holds an offcourse approval for carrying on bookmaking at an approved place in the conduct of the racing bookmaker’s business unless the person—\nis a racing bookmaker’s clerk for the code of racing; or\nif the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation.\nMaximum penalty—200 penalty units.\nA racing bookmaker’s clerk at a licensed venue must have the person’s licence with the person at all times the person is employed by a racing bookmaker in the conduct of the racing bookmaker’s business at the licensed venue, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nSubsection (5) applies in relation to a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place.\nA person who is a racing bookmaker’s clerk at the approved place must have the person’s licence with the person at all times the person is employed by the racing bookmaker in the conduct of the racing bookmaker’s business at the approved place, unless the person has a reasonable excuse.\nMaximum penalty for subsection (5) —40 penalty units.\n(sec.72-ssec.1) A person must not be employed by a racing bookmaker for a code of racing at a licensed venue in the conduct of the racing bookmaker’s business unless the person— is a racing bookmaker’s clerk for the code of racing; or if the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation. Maximum penalty—200 penalty units.\n(sec.72-ssec.2) A person must not be employed by a bookmaker for a code of racing who holds an offcourse approval for carrying on bookmaking at an approved place in the conduct of the racing bookmaker’s business unless the person— is a racing bookmaker’s clerk for the code of racing; or if the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation. Maximum penalty—200 penalty units.\n(sec.72-ssec.3) A racing bookmaker’s clerk at a licensed venue must have the person’s licence with the person at all times the person is employed by a racing bookmaker in the conduct of the racing bookmaker’s business at the licensed venue, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.72-ssec.4) Subsection (5) applies in relation to a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place.\n(sec.72-ssec.5) A person who is a racing bookmaker’s clerk at the approved place must have the person’s licence with the person at all times the person is employed by the racing bookmaker in the conduct of the racing bookmaker’s business at the approved place, unless the person has a reasonable excuse. Maximum penalty for subsection (5) —40 penalty units.\n- (a) is a racing bookmaker’s clerk for the code of racing; or\n- (b) if the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation.\n- (a) is a racing bookmaker’s clerk for the code of racing; or\n- (b) if the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation.","sortOrder":85},{"sectionNumber":"sec.73","sectionType":"section","heading":"Requirement to produce licence or approval","content":"### sec.73 Requirement to produce licence or approval\n\nA racing bookmaker who is an individual and who is, or appears to be, carrying on bookmaking at a licensed venue must produce the person’s licence to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nSubsection (3) applies to a racing bookmaker who—\nis an individual; and\nholds an offcourse approval for carrying on bookmaking at an approved place; and\nis, or appears to be, carrying on bookmaking at the approved place.\nThe racing bookmaker must produce the person’s offcourse approval to an official of the commission if asked to do so by the official, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA licensed executive officer of a corporation that is a racing bookmaker and who is, or appears to be, carrying on bookmaking for the corporation at a licensed venue must produce the corporation’s licence, or a certified copy of the corporation’s licence, to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the officer has a reasonable excuse.\nMaximum penalty—40 penalty units.\nSubsection (6) applies to a licensed executive officer of a corporation that is a racing bookmaker and holds an offcourse approval for carrying on bookmaking at an approved place and who is, or appears to be, carrying on bookmaking for the corporation at the approved place.\nThe executive officer must produce the corporation’s approval, or a certified copy of the corporation’s approval, to an official of the commission if asked to do so by the official, unless the officer has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA racing bookmaker’s clerk who is, or appears to be, employed in the conduct of a racing bookmaker’s business at a licensed venue must produce the person’s licence to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nSubsection (9) applies in relation to a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place.\nA racing bookmaker’s clerk who is, or appears to be, employed in the conduct of the racing bookmaker’s business at the approved place must produce the person’s licence to an official of the commission if asked to do so by the official, unless the person has a reasonable excuse.\nMaximum penalty for subsection (9) —40 penalty units.\n(sec.73-ssec.1) A racing bookmaker who is an individual and who is, or appears to be, carrying on bookmaking at a licensed venue must produce the person’s licence to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.73-ssec.2) Subsection (3) applies to a racing bookmaker who— is an individual; and holds an offcourse approval for carrying on bookmaking at an approved place; and is, or appears to be, carrying on bookmaking at the approved place.\n(sec.73-ssec.3) The racing bookmaker must produce the person’s offcourse approval to an official of the commission if asked to do so by the official, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.73-ssec.4) A licensed executive officer of a corporation that is a racing bookmaker and who is, or appears to be, carrying on bookmaking for the corporation at a licensed venue must produce the corporation’s licence, or a certified copy of the corporation’s licence, to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the officer has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.73-ssec.5) Subsection (6) applies to a licensed executive officer of a corporation that is a racing bookmaker and holds an offcourse approval for carrying on bookmaking at an approved place and who is, or appears to be, carrying on bookmaking for the corporation at the approved place.\n(sec.73-ssec.6) The executive officer must produce the corporation’s approval, or a certified copy of the corporation’s approval, to an official of the commission if asked to do so by the official, unless the officer has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.73-ssec.7) A racing bookmaker’s clerk who is, or appears to be, employed in the conduct of a racing bookmaker’s business at a licensed venue must produce the person’s licence to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.73-ssec.8) Subsection (9) applies in relation to a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place.\n(sec.73-ssec.9) A racing bookmaker’s clerk who is, or appears to be, employed in the conduct of the racing bookmaker’s business at the approved place must produce the person’s licence to an official of the commission if asked to do so by the official, unless the person has a reasonable excuse. Maximum penalty for subsection (9) —40 penalty units.\n- (a) is an individual; and\n- (b) holds an offcourse approval for carrying on bookmaking at an approved place; and\n- (c) is, or appears to be, carrying on bookmaking at the approved place.","sortOrder":86},{"sectionNumber":"sec.74","sectionType":"section","heading":"Requirement for commission to ensure particular persons have current licences","content":"### sec.74 Requirement for commission to ensure particular persons have current licences\n\nThe commission must ensure that, unless a person has a current appropriate licence with the person at the time, the person is not permitted, at any time, to carry on bookmaking for a code of racing, or to be employed by a racing bookmaker for a code of racing in the conduct of a racing bookmaker’s business, at a race meeting held at a licensed venue when—\nthe control body for the code of racing is managing the venue; and\nthe commission is exercising control at the venue.\n- (a) the control body for the code of racing is managing the venue; and\n- (b) the commission is exercising control at the venue.","sortOrder":87},{"sectionNumber":"sec.75","sectionType":"section","heading":"Unlawful bookmaking by racing bookmaker","content":"### sec.75 Unlawful bookmaking by racing bookmaker\n\nA racing bookmaker for a code of racing must not carry on bookmaking at a place unless—\nwhen the racing bookmaker carries on the bookmaking, the place is a licensed venue managed by the control body for the code of racing and at which the commission is exercising control; and\nat the place when the racing bookmaker is carrying on bookmaking—\na race meeting is being held under this Act; and\nbetting with racing bookmakers may take place, under a direction given by the steward who is in charge of the race meeting.\nMaximum penalty—600 penalty units or 2 years imprisonment.\nHowever, a racing bookmaker does not commit an offence against subsection (1) if—\nthe racing bookmaker holds an offcourse approval for carrying on bookmaking at an approved place; and\nthe place where the racing bookmaker carries on bookmaking is an approved place for the offcourse approval; and\nthe bookmaking is carried on at the place at a time permitted under the offcourse approval.\n(sec.75-ssec.1) A racing bookmaker for a code of racing must not carry on bookmaking at a place unless— when the racing bookmaker carries on the bookmaking, the place is a licensed venue managed by the control body for the code of racing and at which the commission is exercising control; and at the place when the racing bookmaker is carrying on bookmaking— a race meeting is being held under this Act; and betting with racing bookmakers may take place, under a direction given by the steward who is in charge of the race meeting. Maximum penalty—600 penalty units or 2 years imprisonment.\n(sec.75-ssec.2) However, a racing bookmaker does not commit an offence against subsection (1) if— the racing bookmaker holds an offcourse approval for carrying on bookmaking at an approved place; and the place where the racing bookmaker carries on bookmaking is an approved place for the offcourse approval; and the bookmaking is carried on at the place at a time permitted under the offcourse approval.\n- (a) when the racing bookmaker carries on the bookmaking, the place is a licensed venue managed by the control body for the code of racing and at which the commission is exercising control; and\n- (b) at the place when the racing bookmaker is carrying on bookmaking— (i) a race meeting is being held under this Act; and (ii) betting with racing bookmakers may take place, under a direction given by the steward who is in charge of the race meeting.\n- (i) a race meeting is being held under this Act; and\n- (ii) betting with racing bookmakers may take place, under a direction given by the steward who is in charge of the race meeting.\n- (i) a race meeting is being held under this Act; and\n- (ii) betting with racing bookmakers may take place, under a direction given by the steward who is in charge of the race meeting.\n- (a) the racing bookmaker holds an offcourse approval for carrying on bookmaking at an approved place; and\n- (b) the place where the racing bookmaker carries on bookmaking is an approved place for the offcourse approval; and\n- (c) the bookmaking is carried on at the place at a time permitted under the offcourse approval.","sortOrder":88},{"sectionNumber":"sec.76","sectionType":"section","heading":"Requirements for betting by racing bookmakers","content":"### sec.76 Requirements for betting by racing bookmakers\n\nThis section applies to a racing bookmaker at a race meeting held at a licensed venue (the first venue ) when—\na control body (the first control body ) is managing the venue; and\nthe commission is exercising control at the venue.\nThe racing bookmaker must not make a bet on a contest, contingency or event other than—\na race to be decided at the first venue; or\na race to be decided at another race meeting at another licensed venue managed by a control body and at which the commission is exercising control; or\na sporting contingency declared, under section 141 , by the first control body as a declared sporting contingency; or\na contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the first control body has entered into an arrangement as mentioned in the Racing Act , section 82 (2) (k) and at which the commission is exercising control.\nMaximum penalty—400 penalty units.\nSubject to section 135 , the racing bookmaker must not make a bet with a person who is not present at the first venue at the time the bet is made.\nMaximum penalty—400 penalty units.\ns 76 amd 2002 No. 58 s 170 sch 2\n(sec.76-ssec.1) This section applies to a racing bookmaker at a race meeting held at a licensed venue (the first venue ) when— a control body (the first control body ) is managing the venue; and the commission is exercising control at the venue.\n(sec.76-ssec.2) The racing bookmaker must not make a bet on a contest, contingency or event other than— a race to be decided at the first venue; or a race to be decided at another race meeting at another licensed venue managed by a control body and at which the commission is exercising control; or a sporting contingency declared, under section 141 , by the first control body as a declared sporting contingency; or a contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the first control body has entered into an arrangement as mentioned in the Racing Act , section 82 (2) (k) and at which the commission is exercising control. Maximum penalty—400 penalty units.\n(sec.76-ssec.3) Subject to section 135 , the racing bookmaker must not make a bet with a person who is not present at the first venue at the time the bet is made. Maximum penalty—400 penalty units.\n- (a) a control body (the first control body ) is managing the venue; and\n- (b) the commission is exercising control at the venue.\n- (a) a race to be decided at the first venue; or\n- (b) a race to be decided at another race meeting at another licensed venue managed by a control body and at which the commission is exercising control; or\n- (c) a sporting contingency declared, under section 141 , by the first control body as a declared sporting contingency; or\n- (d) a contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the first control body has entered into an arrangement as mentioned in the Racing Act , section 82 (2) (k) and at which the commission is exercising control.","sortOrder":89},{"sectionNumber":"sec.77","sectionType":"section","heading":"Special requirements for betting by racing bookmaker who holds offcourse approval","content":"### sec.77 Special requirements for betting by racing bookmaker who holds offcourse approval\n\nA racing bookmaker for a code of racing who holds an offcourse approval must not make a bet on a contest, contingency or event other than—\na race to be decided at a race meeting at a licensed venue managed by the control body for the code of racing and at which the commission is exercising control; or\na sporting contingency declared, under section 141 , by the control body for that code of racing as a declared sporting contingency; or\na contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the control body for the code of racing has entered into an arrangement as mentioned in the Racing Act , section 82 (2) (k) and at which the commission is exercising control.\nMaximum penalty—400 penalty units.\ns 77 amd 2002 No. 58 s 170 sch 2\n- (a) a race to be decided at a race meeting at a licensed venue managed by the control body for the code of racing and at which the commission is exercising control; or\n- (b) a sporting contingency declared, under section 141 , by the control body for that code of racing as a declared sporting contingency; or\n- (c) a contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the control body for the code of racing has entered into an arrangement as mentioned in the Racing Act , section 82 (2) (k) and at which the commission is exercising control.","sortOrder":90},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Licensing of persons as racing bookmakers","content":"# Licensing of persons as racing bookmakers","sortOrder":91},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Applications for racing bookmaker’s licences","content":"## Applications for racing bookmaker’s licences","sortOrder":92},{"sectionNumber":"sec.78","sectionType":"section","heading":"Applications","content":"### sec.78 Applications\n\nAn application for a racing bookmaker’s licence may be made only by an adult or a corporation.\n(sec.78-ssec) An application for a racing bookmaker’s licence may be made only by an adult or a corporation.","sortOrder":93},{"sectionNumber":"sec.79","sectionType":"section","heading":"Requirements about applications","content":"### sec.79 Requirements about applications\n\nAn application for a racing bookmaker’s licence must be made to the commission in the approved form.\nThe application must be accompanied by—\nthe application fee prescribed by regulation; and\nif the applicant is an individual—a consent, in the approved form, signed by the individual for each of the following—\ninformation about the individual to be obtained by the commission;\nthe individual’s background to be investigated by the commission; and\nif the applicant is a corporation—a consent, in the approved form, signed by each person the applicant considers is a business associate or an executive associate of the corporation for each of the following—\ninformation about the associate to be obtained by the commission;\nthe associate’s background to be investigated by the commission; and\nif the applicant is a corporation—the corporation’s agreement to obtain a consent of the type mentioned in paragraph (c) for a person whom the commission reasonably believes to be a business associate or an executive associate of the corporation but whose consent does not accompany the application.\ns 79 amd 2022 No. 24 s 6\n(sec.79-ssec.1) An application for a racing bookmaker’s licence must be made to the commission in the approved form.\n(sec.79-ssec.2) The application must be accompanied by— the application fee prescribed by regulation; and if the applicant is an individual—a consent, in the approved form, signed by the individual for each of the following— information about the individual to be obtained by the commission; the individual’s background to be investigated by the commission; and if the applicant is a corporation—a consent, in the approved form, signed by each person the applicant considers is a business associate or an executive associate of the corporation for each of the following— information about the associate to be obtained by the commission; the associate’s background to be investigated by the commission; and if the applicant is a corporation—the corporation’s agreement to obtain a consent of the type mentioned in paragraph (c) for a person whom the commission reasonably believes to be a business associate or an executive associate of the corporation but whose consent does not accompany the application.\n- (a) the application fee prescribed by regulation; and\n- (b) if the applicant is an individual—a consent, in the approved form, signed by the individual for each of the following— (i) information about the individual to be obtained by the commission; (ii) the individual’s background to be investigated by the commission; and\n- (i) information about the individual to be obtained by the commission;\n- (ii) the individual’s background to be investigated by the commission; and\n- (c) if the applicant is a corporation—a consent, in the approved form, signed by each person the applicant considers is a business associate or an executive associate of the corporation for each of the following— (i) information about the associate to be obtained by the commission; (ii) the associate’s background to be investigated by the commission; and\n- (i) information about the associate to be obtained by the commission;\n- (ii) the associate’s background to be investigated by the commission; and\n- (d) if the applicant is a corporation—the corporation’s agreement to obtain a consent of the type mentioned in paragraph (c) for a person whom the commission reasonably believes to be a business associate or an executive associate of the corporation but whose consent does not accompany the application.\n- (i) information about the individual to be obtained by the commission;\n- (ii) the individual’s background to be investigated by the commission; and\n- (i) information about the associate to be obtained by the commission;\n- (ii) the associate’s background to be investigated by the commission; and","sortOrder":94},{"sectionNumber":"sec.80","sectionType":"section","heading":"Further information or documents to support application","content":"### sec.80 Further information or documents to support application\n\nThe commission may, by notice given to the applicant, require the applicant to give the commission, within the reasonable period of at least 28 days stated in the notice, further information or a document the commission reasonably requires to decide the application.\nWhen making the requirement, the commission must warn the applicant that the application will not be considered further until the requirement is complied with, unless the person has a reasonable excuse for the failure to comply.\n(sec.80-ssec.1) The commission may, by notice given to the applicant, require the applicant to give the commission, within the reasonable period of at least 28 days stated in the notice, further information or a document the commission reasonably requires to decide the application.\n(sec.80-ssec.2) When making the requirement, the commission must warn the applicant that the application will not be considered further until the requirement is complied with, unless the person has a reasonable excuse for the failure to comply.","sortOrder":95},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Suitability of applicants and associates","content":"## Suitability of applicants and associates","sortOrder":96},{"sectionNumber":"sec.81","sectionType":"section","heading":"Suitability of applicants for racing bookmaker’s licence","content":"### sec.81 Suitability of applicants for racing bookmaker’s licence\n\nThis section applies to the commission in deciding whether an applicant for a racing bookmaker’s licence is a suitable person to hold a racing bookmaker’s licence.\nThe commission may have regard to all of the following matters—\nthe applicant’s character or business reputation;\nthe applicant’s current financial position and financial background;\nif the applicant has a business association with another entity—\nthe other entity’s character or business reputation; and\nthe other entity’s current financial position and financial background;\nif the applicant is a corporation—the persons who have a substantial holding in the applicant, or in a corporation that is a holding company of the applicant.\ns 81 amd 2016 No. 62 s 339\n(sec.81-ssec.1) This section applies to the commission in deciding whether an applicant for a racing bookmaker’s licence is a suitable person to hold a racing bookmaker’s licence.\n(sec.81-ssec.2) The commission may have regard to all of the following matters— the applicant’s character or business reputation; the applicant’s current financial position and financial background; if the applicant has a business association with another entity— the other entity’s character or business reputation; and the other entity’s current financial position and financial background; if the applicant is a corporation—the persons who have a substantial holding in the applicant, or in a corporation that is a holding company of the applicant.\n- (a) the applicant’s character or business reputation;\n- (b) the applicant’s current financial position and financial background;\n- (c) if the applicant has a business association with another entity— (i) the other entity’s character or business reputation; and (ii) the other entity’s current financial position and financial background;\n- (i) the other entity’s character or business reputation; and\n- (ii) the other entity’s current financial position and financial background;\n- (d) if the applicant is a corporation—the persons who have a substantial holding in the applicant, or in a corporation that is a holding company of the applicant.\n- (i) the other entity’s character or business reputation; and\n- (ii) the other entity’s current financial position and financial background;","sortOrder":97},{"sectionNumber":"sec.82","sectionType":"section","heading":"Suitability of business and executive associates","content":"### sec.82 Suitability of business and executive associates\n\nThis section applies to the commission in deciding whether a business associate or an executive associate of an applicant for a racing bookmaker’s licence is a suitable person to be associated with the applicant.\nThe commission may have regard to all of the following matters—\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 other entity’s character or business reputation; and\nthe other entity’s current financial position and financial background;\nif the associate is a corporation—the persons who have a substantial holding in the associate, or in a corporation that is a holding company of the associate.\n(sec.82-ssec.1) This section applies to the commission in deciding whether a business associate or an executive associate of an applicant for a racing bookmaker’s licence is a suitable person to be associated with the applicant.\n(sec.82-ssec.2) The commission may have regard to all of the following matters— 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 other entity’s character or business reputation; and the other entity’s current financial position and financial background; if the associate is a corporation—the persons who have a substantial holding in the associate, or in a corporation that is a holding company of the associate.\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 other entity’s character or business reputation; and (ii) the other entity’s current financial position and financial background;\n- (i) the other entity’s character or business reputation; and\n- (ii) the other entity’s current financial position and financial background;\n- (d) if the associate is a corporation—the persons who have a substantial holding in the associate, or in a corporation that is a holding company of the associate.\n- (i) the other entity’s character or business reputation; and\n- (ii) the other entity’s current financial position and financial background;","sortOrder":98},{"sectionNumber":"sec.83","sectionType":"section","heading":"Other matters about suitability","content":"### sec.83 Other matters about suitability\n\nSections 81 and 82 do not limit the matters the commission may have regard to in deciding matters to which the sections relate.\nHowever, the commission may not have regard to criminal intelligence given by the police commissioner to the commission under section 53A when deciding the matters to which sections 81 and 82 relate.\ns 83 amd 2016 No. 62 s 340 ; 2020 No. 23 s 58\n(sec.83-ssec.1) Sections 81 and 82 do not limit the matters the commission may have regard to in deciding matters to which the sections relate.\n(sec.83-ssec.2) However, the commission may not have regard to criminal intelligence given by the police commissioner to the commission under section 53A when deciding the matters to which sections 81 and 82 relate.","sortOrder":99},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Dealing with applications","content":"## Dealing with applications","sortOrder":100},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 om 2022 No. 24 s 7","sortOrder":101},{"sectionNumber":"sec.85","sectionType":"section","heading":"Consideration of application","content":"### sec.85 Consideration of application\n\nThe commission must consider the application and either grant or refuse to grant the application.\nHowever, the commission is not required to decide the application if—\nthe commission has given a person a notice under section 80 or 90 relating to the application requiring the person to give the commission information or a document as stated in the section; and\nthe person has failed, without reasonable excuse, to comply with the requirement within the period stated in the notice.\n(sec.85-ssec.1) The commission must consider the application and either grant or refuse to grant the application.\n(sec.85-ssec.2) However, the commission is not required to decide the application if— the commission has given a person a notice under section 80 or 90 relating to the application requiring the person to give the commission information or a document as stated in the section; and the person has failed, without reasonable excuse, to comply with the requirement within the period stated in the notice.\n- (a) the commission has given a person a notice under section 80 or 90 relating to the application requiring the person to give the commission information or a document as stated in the section; and\n- (b) the person has failed, without reasonable excuse, to comply with the requirement within the period stated in the notice.","sortOrder":102},{"sectionNumber":"sec.86","sectionType":"section","heading":"Conditions for granting application","content":"### sec.86 Conditions for granting application\n\nThe commission may grant the application only if the commission is satisfied—\nthe applicant is a suitable person to hold a racing bookmaker’s licence; and\neach business associate and executive associate of the applicant is a suitable person to be associated with the applicant.\ns 86 amd 2016 No. 62 s 341\n- (a) the applicant is a suitable person to hold a racing bookmaker’s licence; and\n- (b) each business associate and executive associate of the applicant is a suitable person to be associated with the applicant.","sortOrder":103},{"sectionNumber":"sec.87","sectionType":"section","heading":"Investigation of suitability of persons","content":"### sec.87 Investigation of suitability of persons\n\nThe commission may investigate the applicant to help the commission decide whether the applicant is a suitable person to be a licence holder.\nThe commission may investigate a business associate or an executive associate of the applicant to help the commission decide whether the associate is a suitable person to be associated with the applicant.\n(sec.87-ssec.1) The commission may investigate the applicant to help the commission decide whether the applicant is a suitable person to be a licence holder.\n(sec.87-ssec.2) The commission may investigate a business associate or an executive associate of the applicant to help the commission decide whether the associate is a suitable person to be associated with the applicant.","sortOrder":104},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 om 2016 No. 62 s 342","sortOrder":105},{"sectionNumber":"sec.89","sectionType":"section","heading":"Criminal history reports for investigations","content":"### sec.89 Criminal history reports for investigations\n\nIf the commission, in investigating a person under section 87 , asks the police commissioner for a written report on the person’s criminal history, including whether the person is, or has been, the subject of a control order or registered corresponding control order, the police commissioner must give the report to the commission.\nThe report is to contain—\nthe person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the person’s criminal history.\nHowever, the duty imposed on the police commissioner applies only to information in the police commissioner’s possession or to which the police commissioner has access.\nA report under subsection (2) must, if the person is, or has been, the subject of a control order or registered corresponding control order—\nstate the details of the order; or\nbe accompanied by a copy of the order.\ns 89 amd 2016 No. 62 s 343\n(sec.89-ssec.1) If the commission, in investigating a person under section 87 , asks the police commissioner for a written report on the person’s criminal history, including whether the person is, or has been, the subject of a control order or registered corresponding control order, the police commissioner must give the report to the commission.\n(sec.89-ssec.2) The report is to contain— the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the person’s criminal history.\n(sec.89-ssec.3) However, the duty imposed on the police commissioner applies only to information in the police commissioner’s possession or to which the police commissioner has access.\n(sec.89-ssec.4) A report under subsection (2) must, if the person is, or has been, the subject of a control order or registered corresponding control order— state the details of the order; or be accompanied by a copy of the order.\n- (a) the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the person’s criminal history.\n- (a) state the details of the order; or\n- (b) be accompanied by a copy of the order.","sortOrder":106},{"sectionNumber":"sec.90","sectionType":"section","heading":"Requirement of associate to give information or document for investigation","content":"### sec.90 Requirement of associate to give information or document for investigation\n\nIn investigating a business associate or an executive associate of an applicant, the commission may, by notice given to the associate, require the associate to give the commission, within the reasonable period of at least 28 days stated in the notice, information or a document the commission reasonably believes is relevant to the investigation.\nWhen making the requirement, the commission must—\nwarn the associate that the application for the racing bookmaker’s licence will not be considered further until the requirement is complied with; and\ngive the applicant a copy of the notice.\n(sec.90-ssec.1) In investigating a business associate or an executive associate of an applicant, the commission may, by notice given to the associate, require the associate to give the commission, within the reasonable period of at least 28 days stated in the notice, information or a document the commission reasonably believes is relevant to the investigation.\n(sec.90-ssec.2) When making the requirement, the commission must— warn the associate that the application for the racing bookmaker’s licence will not be considered further until the requirement is complied with; and give the applicant a copy of the notice.\n- (a) warn the associate that the application for the racing bookmaker’s licence will not be considered further until the requirement is complied with; and\n- (b) give the applicant a copy of the notice.","sortOrder":107},{"sectionNumber":"sec.91","sectionType":"section","heading":"Decision on application","content":"### sec.91 Decision on application\n\nIf the commission grants an application for a racing bookmaker’s licence, the commission must give the applicant the licence.\nIf the commission refuses to grant an application for a racing bookmaker’s licence, the commission must give the applicant an information notice about the decision.\ns 91 amd 2016 No. 62 s 344\n(sec.91-ssec.1) If the commission grants an application for a racing bookmaker’s licence, the commission must give the applicant the licence.\n(sec.91-ssec.2) If the commission refuses to grant an application for a racing bookmaker’s licence, the commission must give the applicant an information notice about the decision.","sortOrder":108},{"sectionNumber":"sec.92","sectionType":"section","heading":"Form of racing bookmaker’s licence","content":"### sec.92 Form of racing bookmaker’s licence\n\nA racing bookmaker’s licence is to be in the approved form.\n(sec.92-ssec) A racing bookmaker’s licence is to be in the approved form.","sortOrder":109},{"sectionNumber":"sec.93","sectionType":"section","heading":"What corporate licence must include","content":"### sec.93 What corporate licence must include\n\nA racing bookmaker’s licence for a corporation must state the name of each executive officer of the corporation who may carry on bookmaking for the corporation under the licence.\nThe commission must not, under subsection (1) , state an executive officer’s name in the licence unless the executive officer—\nhas been investigated by the commission and found suitable to be associated with the licence holder; and\nis a person whom the commission reasonably believes has the experience and knowledge necessary to properly carry on bookmaking for the corporation under the licence.\n(sec.93-ssec.1) A racing bookmaker’s licence for a corporation must state the name of each executive officer of the corporation who may carry on bookmaking for the corporation under the licence.\n(sec.93-ssec.2) The commission must not, under subsection (1) , state an executive officer’s name in the licence unless the executive officer— has been investigated by the commission and found suitable to be associated with the licence holder; and is a person whom the commission reasonably believes has the experience and knowledge necessary to properly carry on bookmaking for the corporation under the licence.\n- (a) has been investigated by the commission and found suitable to be associated with the licence holder; and\n- (b) is a person whom the commission reasonably believes has the experience and knowledge necessary to properly carry on bookmaking for the corporation under the licence.","sortOrder":110},{"sectionNumber":"sec.94","sectionType":"section","heading":"Period for which racing bookmaker’s licence has effect","content":"### sec.94 Period for which racing bookmaker’s licence has effect\n\nA racing bookmaker’s licence continues to have effect until the earlier of the following happens—\nthe licence is cancelled under section 106 ;\na surrender of the licence takes effect under section 111 .\n- (a) the licence is cancelled under section 106 ;\n- (b) a surrender of the licence takes effect under section 111 .","sortOrder":111},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":"Investigations of racing bookmakers and associates","content":"## Investigations of racing bookmakers and associates","sortOrder":112},{"sectionNumber":"sec.95","sectionType":"section","heading":"Audit program","content":"### sec.95 Audit program\n\nThe commission may approve an audit program for investigating racing bookmakers, and the business associates and executive associates of racing bookmakers.\nThe commission is responsible for ensuring that investigations of racing bookmakers, and the business associates and executive associates of racing bookmakers, are conducted under the audit program.\n(sec.95-ssec.1) The commission may approve an audit program for investigating racing bookmakers, and the business associates and executive associates of racing bookmakers.\n(sec.95-ssec.2) The commission is responsible for ensuring that investigations of racing bookmakers, and the business associates and executive associates of racing bookmakers, are conducted under the audit program.","sortOrder":113},{"sectionNumber":"sec.96","sectionType":"section","heading":"Investigations into suitability of licence holder","content":"### sec.96 Investigations into suitability of licence holder\n\nThe commission may investigate a licence holder to find out whether the licence holder is a suitable person to hold, or to continue to hold, a racing bookmaker’s licence.\nThe commission may investigate the licence holder under this section only if—\nthe commission reasonably suspects the licence holder is not, or is no longer, a suitable person to hold a racing bookmaker’s licence; or\nthe investigation is made under an audit program approved by the commission.\ns 96 amd 2016 No. 62 s 345\n(sec.96-ssec.1) The commission may investigate a licence holder to find out whether the licence holder is a suitable person to hold, or to continue to hold, a racing bookmaker’s licence.\n(sec.96-ssec.2) The commission may investigate the licence holder under this section only if— the commission reasonably suspects the licence holder is not, or is no longer, a suitable person to hold a racing bookmaker’s licence; or the investigation is made under an audit program approved by the commission.\n- (a) the commission reasonably suspects the licence holder is not, or is no longer, a suitable person to hold a racing bookmaker’s licence; or\n- (b) the investigation is made under an audit program approved by the commission.","sortOrder":114},{"sectionNumber":"sec.97","sectionType":"section","heading":"Investigation into suitability of associate of licence holder","content":"### sec.97 Investigation into suitability of associate of licence holder\n\nThe commission may investigate a business associate or an executive associate of a licence holder to decide whether the associate is a suitable person to be, or to continue to be, associated with the licence holder’s operations.\nThe commission may investigate a business associate or an executive associate of a licence holder under this section only if—\nthe commission reasonably suspects the associate is not, or is no longer, a suitable person to be associated with a licence holder’s operations; or\nthe investigation is part of an investigation under this division of the licence holder in relation to whom the associate is a business associate or an executive associate; or\nthe investigation is made under an audit program approved by the commission; or\nthe associate became a business associate or an executive associate of the licence holder after the issue of the racing bookmaker’s licence to the licence holder; or\nthe associate has not been investigated previously under an audit program mentioned in paragraph (c) .\ns 97 amd 2016 No. 62 s 346\n(sec.97-ssec.1) The commission may investigate a business associate or an executive associate of a licence holder to decide whether the associate is a suitable person to be, or to continue to be, associated with the licence holder’s operations.\n(sec.97-ssec.2) The commission may investigate a business associate or an executive associate of a licence holder under this section only if— the commission reasonably suspects the associate is not, or is no longer, a suitable person to be associated with a licence holder’s operations; or the investigation is part of an investigation under this division of the licence holder in relation to whom the associate is a business associate or an executive associate; or the investigation is made under an audit program approved by the commission; or the associate became a business associate or an executive associate of the licence holder after the issue of the racing bookmaker’s licence to the licence holder; or the associate has not been investigated previously under an audit program mentioned in paragraph (c) .\n- (a) the commission reasonably suspects the associate is not, or is no longer, a suitable person to be associated with a licence holder’s operations; or\n- (b) the investigation is part of an investigation under this division of the licence holder in relation to whom the associate is a business associate or an executive associate; or\n- (c) the investigation is made under an audit program approved by the commission; or\n- (d) the associate became a business associate or an executive associate of the licence holder after the issue of the racing bookmaker’s licence to the licence holder; or\n- (e) the associate has not been investigated previously under an audit program mentioned in paragraph (c) .","sortOrder":115},{"sectionNumber":"sec.98","sectionType":"section","heading":"Criminal history report for investigation","content":"### sec.98 Criminal history report for investigation\n\nIf the commission in investigating a person under section 96 , 97 or 110 (2) asks the police commissioner for a written report on the person’s criminal history, including whether the person is, or has been, the subject of a control order or registered corresponding control order, the commissioner must give the report to the commission.\nThe report is to contain—\nthe person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the person’s criminal history.\nHowever, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\nA report under subsection (2) must, if the person is, or has been, the subject of a control order or registered corresponding control order—\nstate the details of the order; or\nbe accompanied by a copy of the order.\ns 98 amd 2016 No. 62 s 347\n(sec.98-ssec.1) If the commission in investigating a person under section 96 , 97 or 110 (2) asks the police commissioner for a written report on the person’s criminal history, including whether the person is, or has been, the subject of a control order or registered corresponding control order, the commissioner must give the report to the commission.\n(sec.98-ssec.2) The report is to contain— the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the person’s criminal history.\n(sec.98-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.98-ssec.4) A report under subsection (2) must, if the person is, or has been, the subject of a control order or registered corresponding control order— state the details of the order; or be accompanied by a copy of the order.\n- (a) the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the person’s criminal history.\n- (a) state the details of the order; or\n- (b) be accompanied by a copy of the order.","sortOrder":116},{"sectionNumber":"sec.99","sectionType":"section","heading":"Requirement to give information or document for investigation","content":"### sec.99 Requirement to give information or document for investigation\n\nIn investigating a licence holder, or a business associate or an executive associate of a licence holder, the commission may, by notice given to the person, require the person to give the commission information or a document the commission reasonably believes is relevant to the investigation.\nThe notice must state a reasonable period of at least 28 days within which the person must comply with the requirement.\nWhen making the requirement, the commission must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.99-ssec.1) In investigating a licence holder, or a business associate or an executive associate of a licence holder, the commission may, by notice given to the person, require the person to give the commission information or a document the commission reasonably believes is relevant to the investigation.\n(sec.99-ssec.2) The notice must state a reasonable period of at least 28 days within which the person must comply with the requirement.\n(sec.99-ssec.3) When making the requirement, the commission must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.","sortOrder":117},{"sectionNumber":"sec.100","sectionType":"section","heading":"Failure to give information or document for investigation","content":"### sec.100 Failure to give information or document for investigation\n\nA person of whom a requirement is made under section 99 must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\nThe person does not commit an offence against this section if the information or document sought by the commission is not in fact relevant to the investigation.\n(sec.100-ssec.1) A person of whom a requirement is made under section 99 must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.100-ssec.2) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\n(sec.100-ssec.3) The person does not commit an offence against this section if the information or document sought by the commission is not in fact relevant to the investigation.","sortOrder":118},{"sectionNumber":"ch.4-pt.2-div.5","sectionType":"division","heading":"Cancellation of racing bookmaker’s licences","content":"## Cancellation of racing bookmaker’s licences","sortOrder":119},{"sectionNumber":"sec.101","sectionType":"section","heading":"Grounds for cancellation","content":"### sec.101 Grounds for cancellation\n\nA ground for cancelling a racing bookmaker’s licence exists if the licence holder—\nis not a suitable person to hold a racing bookmaker’s licence; or\nis convicted for an offence against—\nthis Act or the Racing Act ; or\na law of another State, that is prescribed by regulation as a law about racing or betting; or\nis convicted of an indictable offence against another Act or law; or\ncontravenes a provision of this Act, whether or not a penalty is provided for the provision; or\nis affected by bankruptcy action.\nAlso, a ground for cancelling a racing bookmaker’s licence exists if—\nthe racing bookmaker’s licence was granted because of a materially false or misleading representation or declaration; or\na business associate or an executive associate of the licence holder is not a suitable person to be associated with a licence holder.\nCriminal intelligence given by the police commissioner to the commission under section 53A can not be the basis of the ground for the cancellation of a racing bookmaker’s licence.\ns 101 amd 2016 No. 62 s 349 ; 2020 No. 23 s 60\n(sec.101-ssec.1) A ground for cancelling a racing bookmaker’s licence exists if the licence holder— is not a suitable person to hold a racing bookmaker’s licence; or is convicted for an offence against— this Act or the Racing Act ; or a law of another State, that is prescribed by regulation as a law about racing or betting; or is convicted of an indictable offence against another Act or law; or contravenes a provision of this Act, whether or not a penalty is provided for the provision; or is affected by bankruptcy action.\n(sec.101-ssec.2) Also, a ground for cancelling a racing bookmaker’s licence exists if— the racing bookmaker’s licence was granted because of a materially false or misleading representation or declaration; or a business associate or an executive associate of the licence holder is not a suitable person to be associated with a licence holder.\n(sec.101-ssec.3) Criminal intelligence given by the police commissioner to the commission under section 53A can not be the basis of the ground for the cancellation of a racing bookmaker’s licence.\n- (a) is not a suitable person to hold a racing bookmaker’s licence; or\n- (b) is convicted for an offence against— (i) this Act or the Racing Act ; or (ii) a law of another State, that is prescribed by regulation as a law about racing or betting; or\n- (i) this Act or the Racing Act ; or\n- (ii) a law of another State, that is prescribed by regulation as a law about racing or betting; or\n- (c) is convicted of an indictable offence against another Act or law; or\n- (d) contravenes a provision of this Act, whether or not a penalty is provided for the provision; or\n- (e) is affected by bankruptcy action.\n- (i) this Act or the Racing Act ; or\n- (ii) a law of another State, that is prescribed by regulation as a law about racing or betting; or\n- (a) the racing bookmaker’s licence was granted because of a materially false or misleading representation or declaration; or\n- (b) a business associate or an executive associate of the licence holder is not a suitable person to be associated with a licence holder.","sortOrder":120},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 om 2016 No. 62 s 350","sortOrder":121},{"sectionNumber":"sec.103","sectionType":"section","heading":"Show cause notice","content":"### sec.103 Show cause notice\n\nThe commission must give a licence holder a notice (a show cause notice ) if the commission reasonably believes—\na ground exists to cancel the licence holder’s racing bookmaker’s licence; and\nthe act, omission or other thing forming the ground is of a serious and fundamental nature; and\nthe public interest may be affected in an adverse and material way.\nThe show cause notice must state the following—\nthe action the commission proposes taking under this division;\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nthat the licence holder may, within a stated period (the show cause period ), make submissions to the commission to show why the proposed action should not be taken.\nThe show cause period must end at least 28 days after the licence holder is given the show cause notice.\nThe licence holder may, in the show cause period, make submissions to the commission about the show cause notice.\ns 103 amd 2016 No. 62 s 351 ; 2022 No. 24 s 29 s ch 1 pt 1\n(sec.103-ssec.1) The commission must give a licence holder a notice (a show cause notice ) if the commission reasonably believes— a ground exists to cancel the licence holder’s racing bookmaker’s licence; and the act, omission or other thing forming the ground is of a serious and fundamental nature; and the public interest may be affected in an adverse and material way.\n(sec.103-ssec.2) The show cause notice must state the following— the action the commission proposes taking under this division; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; that the licence holder may, within a stated period (the show cause period ), make submissions to the commission to show why the proposed action should not be taken.\n(sec.103-ssec.3) The show cause period must end at least 28 days after the licence holder is given the show cause notice.\n(sec.103-ssec.4) The licence holder may, in the show cause period, make submissions to the commission about the show cause notice.\n- (a) a ground exists to cancel the licence holder’s racing bookmaker’s licence; and\n- (b) the act, omission or other thing forming the ground is of a serious and fundamental nature; and\n- (c) the public interest may be affected in an adverse and material way.\n- (a) the action the commission proposes taking under this division;\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) that the licence holder may, within a stated period (the show cause period ), make submissions to the commission to show why the proposed action should not be taken.","sortOrder":122},{"sectionNumber":"sec.104","sectionType":"section","heading":"Consideration of submission","content":"### sec.104 Consideration of submission\n\nThe commission must consider any submissions made by the licence holder in the show cause period.","sortOrder":123},{"sectionNumber":"sec.105","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.105 Ending show cause process without further action\n\nIf, after considering the submissions for the show cause notice, the commission no longer believes a ground exists to cancel the racing bookmaker’s licence, the commission must—\ntake no further action about the show cause notice; and\ngive a notice to the licence holder that no further action is to be taken.\n- (a) take no further action about the show cause notice; and\n- (b) give a notice to the licence holder that no further action is to be taken.","sortOrder":124},{"sectionNumber":"sec.106","sectionType":"section","heading":"Cancellation","content":"### sec.106 Cancellation\n\nThe commission may cancel the racing bookmaker’s licence if—\nthere are no submissions for the show cause notice; or\nafter considering the submissions for the show cause notice, the commission still believes—\na ground exists to cancel the racing bookmaker’s licence; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\nthe public interest may be affected in an adverse and material way.\nThe commission must immediately give the licence holder an information notice about the decision to cancel the racing bookmaker’s licence.\nThe information notice must include—\na direction to the licence holder to return the racing bookmaker’s licence to the commission within 14 days after the cancellation; and\na warning to the licence holder that, without a reasonable excuse, it is an offence to fail to comply with the direction.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the licence holder;\nthe day of effect stated in the information notice.\ns 106 amd 2016 No. 62 s 352\n(sec.106-ssec.1) The commission may cancel the racing bookmaker’s licence if— there are no submissions for the show cause notice; or after considering the submissions for the show cause notice, the commission still believes— a ground exists to cancel the racing bookmaker’s licence; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and the public interest may be affected in an adverse and material way.\n(sec.106-ssec.2) The commission must immediately give the licence holder an information notice about the decision to cancel the racing bookmaker’s licence.\n(sec.106-ssec.3) The information notice must include— a direction to the licence holder to return the racing bookmaker’s licence to the commission within 14 days after the cancellation; and a warning to the licence holder that, without a reasonable excuse, it is an offence to fail to comply with the direction.\n(sec.106-ssec.4) The decision takes effect on the later of the following— the day the information notice is given to the licence holder; the day of effect stated in the information notice.\n- (a) there are no submissions for the show cause notice; or\n- (b) after considering the submissions for the show cause notice, the commission still believes— (i) a ground exists to cancel the racing bookmaker’s licence; and (ii) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and (iii) the public interest may be affected in an adverse and material way.\n- (i) a ground exists to cancel the racing bookmaker’s licence; and\n- (ii) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (iii) the public interest may be affected in an adverse and material way.\n- (i) a ground exists to cancel the racing bookmaker’s licence; and\n- (ii) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (iii) the public interest may be affected in an adverse and material way.\n- (a) a direction to the licence holder to return the racing bookmaker’s licence to the commission within 14 days after the cancellation; and\n- (b) a warning to the licence holder that, without a reasonable excuse, it is an offence to fail to comply with the direction.\n- (a) the day the information notice is given to the licence holder;\n- (b) the day of effect stated in the information notice.","sortOrder":125},{"sectionNumber":"sec.107","sectionType":"section","heading":"Return of cancelled racing bookmaker’s licence","content":"### sec.107 Return of cancelled racing bookmaker’s licence\n\nA person must comply with a direction to the person under section 106 (3) (a) unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf a person is unable to comply with subsection (1) because the person’s racing bookmaker’s licence has been lost or destroyed, the person must, within 14 days after the cancellation, give the commission a statutory declaration stating details of the loss or destruction.\nMaximum penalty—40 penalty units.\nA person does not commit an offence against subsection (1) if the person is not given a warning that, without a reasonable excuse, it is an offence to fail to comply with the direction.\ns 107 amd 2016 No. 62 s 353\n(sec.107-ssec.1) A person must comply with a direction to the person under section 106 (3) (a) unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.107-ssec.2) If a person is unable to comply with subsection (1) because the person’s racing bookmaker’s licence has been lost or destroyed, the person must, within 14 days after the cancellation, give the commission a statutory declaration stating details of the loss or destruction. Maximum penalty—40 penalty units.\n(sec.107-ssec.3) A person does not commit an offence against subsection (1) if the person is not given a warning that, without a reasonable excuse, it is an offence to fail to comply with the direction.","sortOrder":126},{"sectionNumber":"sec.108","sectionType":"section","heading":"Censuring licence holder","content":"### sec.108 Censuring licence holder\n\nThis section applies if the commission—\nreasonably believes a ground exists to cancel a racing bookmaker’s licence but does not believe that giving a show cause notice is warranted; or\nafter considering the submissions for a show cause notice, still believes a ground exists to cancel a racing bookmaker’s licence but does not believe cancellation of the licence is warranted.\nThe commission may censure the licence holder for a matter relating to the ground for cancellation.\nThe censure can be effected only by the commission giving the licence holder an information notice about the decision to censure the holder.\ns 108 amd 2016 No. 62 s 354\n(sec.108-ssec.1) This section applies if the commission— reasonably believes a ground exists to cancel a racing bookmaker’s licence but does not believe that giving a show cause notice is warranted; or after considering the submissions for a show cause notice, still believes a ground exists to cancel a racing bookmaker’s licence but does not believe cancellation of the licence is warranted.\n(sec.108-ssec.2) The commission may censure the licence holder for a matter relating to the ground for cancellation.\n(sec.108-ssec.3) The censure can be effected only by the commission giving the licence holder an information notice about the decision to censure the holder.\n- (a) reasonably believes a ground exists to cancel a racing bookmaker’s licence but does not believe that giving a show cause notice is warranted; or\n- (b) after considering the submissions for a show cause notice, still believes a ground exists to cancel a racing bookmaker’s licence but does not believe cancellation of the licence is warranted.","sortOrder":127},{"sectionNumber":"ch.4-pt.2-div.6","sectionType":"division","heading":"Other matters relating to licensing","content":"## Other matters relating to licensing","sortOrder":128},{"sectionNumber":"sec.109","sectionType":"section","heading":"Corporate licence holder must advise commission of change in executive officers or persons with substantial holdings","content":"### sec.109 Corporate licence holder must advise commission of change in executive officers or persons with substantial holdings\n\nThis section applies to a licence holder that is a corporation.\nWithin 14 days after either of the following changes, the licence holder must give the commission notice of the change—\na change to the persons who are executive officers of the corporation;\na change to the persons who have substantial holdings in the corporation, or a holding company of the corporation.\nMaximum penalty—100 penalty units.\n(sec.109-ssec.1) This section applies to a licence holder that is a corporation.\n(sec.109-ssec.2) Within 14 days after either of the following changes, the licence holder must give the commission notice of the change— a change to the persons who are executive officers of the corporation; a change to the persons who have substantial holdings in the corporation, or a holding company of the corporation. Maximum penalty—100 penalty units.\n- (a) a change to the persons who are executive officers of the corporation;\n- (b) a change to the persons who have substantial holdings in the corporation, or a holding company of the corporation.","sortOrder":129},{"sectionNumber":"sec.110","sectionType":"section","heading":"Commission may amend racing bookmaker’s licence to show change in executive officers","content":"### sec.110 Commission may amend racing bookmaker’s licence to show change in executive officers\n\nThis section applies if a licence holder has given the commission notice under section 109 (2) (a) and asks the commission to amend the racing bookmaker’s licence to omit or include a person as an executive officer of the corporation.\nThe commission may investigate the executive officer for the purpose of deciding whether to grant the request.\nHowever, the commission must not include the name of an executive officer in the licence unless the commission has investigated the executive officer and found the person to be suitable to be associated with the licence holder.\n(sec.110-ssec.1) This section applies if a licence holder has given the commission notice under section 109 (2) (a) and asks the commission to amend the racing bookmaker’s licence to omit or include a person as an executive officer of the corporation.\n(sec.110-ssec.2) The commission may investigate the executive officer for the purpose of deciding whether to grant the request.\n(sec.110-ssec.3) However, the commission must not include the name of an executive officer in the licence unless the commission has investigated the executive officer and found the person to be suitable to be associated with the licence holder.","sortOrder":130},{"sectionNumber":"sec.111","sectionType":"section","heading":"Surrender of racing bookmaker’s licence","content":"### sec.111 Surrender of racing bookmaker’s licence\n\nA licence holder may surrender the holder’s racing bookmaker’s licence by notice given to the commission.\nThe surrender of the racing bookmaker’s licence takes effect—\non the day the notice is given to the commission; or\nif a later day of effect is stated in the notice—on the later day.\nThe commission must give each control body notice of the surrender.\n(sec.111-ssec.1) A licence holder may surrender the holder’s racing bookmaker’s licence by notice given to the commission.\n(sec.111-ssec.2) The surrender of the racing bookmaker’s licence takes effect— on the day the notice is given to the commission; or if a later day of effect is stated in the notice—on the later day.\n(sec.111-ssec.3) The commission must give each control body notice of the surrender.\n- (a) on the day the notice is given to the commission; or\n- (b) if a later day of effect is stated in the notice—on the later day.","sortOrder":131},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 om 2022 No. 24 s 8","sortOrder":132},{"sectionNumber":"ch.4-pt.2-div.7","sectionType":"division","heading":null,"content":"","sortOrder":133},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 om 2016 No. 62 s 355","sortOrder":134},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 om 2016 No. 62 s 355","sortOrder":135},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 om 2016 No. 62 s 355","sortOrder":136},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Offcourse approvals for racing bookmakers","content":"# Offcourse approvals for racing bookmakers","sortOrder":137},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Applications for, and granting of, offcourse approvals","content":"## Applications for, and granting of, offcourse approvals","sortOrder":138},{"sectionNumber":"sec.116","sectionType":"section","heading":"Application for offcourse approval","content":"### sec.116 Application for offcourse approval\n\nA racing bookmaker may apply to the Minister for an approval (an offcourse approval ) to carry on bookmaking at a place, other than a licensed venue, using an approved telecommunications system for bookmaking.\nThe application must be in the approved form and accompanied by each of the following—\ndetails of the place or places (each an approved place ), other than a licensed venue, at which the racing bookmaker will carry on bookmaking using an approved telecommunications system for bookmaking;\nthe racing bookmaker’s home or office\ndetails of the times during which the racing bookmaker will carry on bookmaking at the place or each of the places mentioned in paragraph (a) ;\ndetails of the number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker carried on bookmaking in person for the 12 months immediately before making the application;\ndetails of the number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker proposes to carry on bookmaking in person for the 12 months immediately after the offcourse approval is granted;\nif the details mentioned in paragraph (d) differ from those mentioned in paragraph (c) —an explanation for the difference;\nan undertaking as to the minimum number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker will carry on bookmaking in person if the offcourse approval applied for is granted;\nthe prescribed fee.\ns 116 amd 2022 No. 24 s 29 s ch 1 pt 1\n(sec.116-ssec.1) A racing bookmaker may apply to the Minister for an approval (an offcourse approval ) to carry on bookmaking at a place, other than a licensed venue, using an approved telecommunications system for bookmaking.\n(sec.116-ssec.2) The application must be in the approved form and accompanied by each of the following— details of the place or places (each an approved place ), other than a licensed venue, at which the racing bookmaker will carry on bookmaking using an approved telecommunications system for bookmaking; the racing bookmaker’s home or office details of the times during which the racing bookmaker will carry on bookmaking at the place or each of the places mentioned in paragraph (a) ; details of the number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker carried on bookmaking in person for the 12 months immediately before making the application; details of the number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker proposes to carry on bookmaking in person for the 12 months immediately after the offcourse approval is granted; if the details mentioned in paragraph (d) differ from those mentioned in paragraph (c) —an explanation for the difference; an undertaking as to the minimum number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker will carry on bookmaking in person if the offcourse approval applied for is granted; the prescribed fee.\n- (a) details of the place or places (each an approved place ), other than a licensed venue, at which the racing bookmaker will carry on bookmaking using an approved telecommunications system for bookmaking; Example of an approved place— the racing bookmaker’s home or office\n- (b) details of the times during which the racing bookmaker will carry on bookmaking at the place or each of the places mentioned in paragraph (a) ;\n- (c) details of the number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker carried on bookmaking in person for the 12 months immediately before making the application;\n- (d) details of the number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker proposes to carry on bookmaking in person for the 12 months immediately after the offcourse approval is granted;\n- (e) if the details mentioned in paragraph (d) differ from those mentioned in paragraph (c) —an explanation for the difference;\n- (f) an undertaking as to the minimum number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker will carry on bookmaking in person if the offcourse approval applied for is granted;\n- (g) the prescribed fee.","sortOrder":139},{"sectionNumber":"sec.117","sectionType":"section","heading":"Further information or documents to support application","content":"### sec.117 Further information or documents to support application\n\nThe Minister may, by notice given to the applicant, require the applicant to give the Minister, within the reasonable period of at least 28 days stated in the notice, further information or a document the Minister reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the notice.\n(sec.117-ssec.1) The Minister may, by notice given to the applicant, require the applicant to give the Minister, within the reasonable period of at least 28 days stated in the notice, further information or a document the Minister reasonably requires to decide the application.\n(sec.117-ssec.2) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.","sortOrder":140},{"sectionNumber":"sec.118","sectionType":"section","heading":"Requirement of commission to give information or documents relating to application","content":"### sec.118 Requirement of commission to give information or documents relating to application\n\nThe Minister may, by notice given to the commission, require the commission to give the Minister, within the reasonable period of at least 28 days stated in the notice, information or a document the Minister reasonably considers is relevant to deciding the application.\nThe commission must comply with the notice.\n(sec.118-ssec.1) The Minister may, by notice given to the commission, require the commission to give the Minister, within the reasonable period of at least 28 days stated in the notice, information or a document the Minister reasonably considers is relevant to deciding the application.\n(sec.118-ssec.2) The commission must comply with the notice.","sortOrder":141},{"sectionNumber":"sec.119","sectionType":"section","heading":"Consideration of application","content":"### sec.119 Consideration of application\n\nIn considering the application, the Minister must have regard to how often the applicant has undertaken to carry on bookmaking in person at race meetings at licensed venues.\nThe Minister may, by notice given to the applicant, ask the applicant to review the undertaking that accompanied the application and give the Minister, within the reasonable period of at least 28 days stated in the notice, a revised undertaking.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the notice.\n(sec.119-ssec.1) In considering the application, the Minister must have regard to how often the applicant has undertaken to carry on bookmaking in person at race meetings at licensed venues.\n(sec.119-ssec.2) The Minister may, by notice given to the applicant, ask the applicant to review the undertaking that accompanied the application and give the Minister, within the reasonable period of at least 28 days stated in the notice, a revised undertaking.\n(sec.119-ssec.3) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.","sortOrder":142},{"sectionNumber":"sec.120","sectionType":"section","heading":"Decision on application","content":"### sec.120 Decision on application\n\nThe Minister must consider the application and decide to—\ngrant the offcourse approval; or\nrefuse to grant the offcourse approval.\nA grant of an offcourse approval is subject to the mandatory conditions, and may be subject to other conditions imposed by the Minister.\n(sec.120-ssec.1) The Minister must consider the application and decide to— grant the offcourse approval; or refuse to grant the offcourse approval.\n(sec.120-ssec.2) A grant of an offcourse approval is subject to the mandatory conditions, and may be subject to other conditions imposed by the Minister.\n- (a) grant the offcourse approval; or\n- (b) refuse to grant the offcourse approval.","sortOrder":143},{"sectionNumber":"sec.121","sectionType":"section","heading":"What are the conditions of an offcourse approval","content":"### sec.121 What are the conditions of an offcourse approval\n\nThe conditions of a racing bookmaker’s offcourse approval are—\nfor a racing bookmaker who is an individual—the racing bookmaker must carry on bookmaking in person at a licensed venue in accordance with the accepted undertaking for the offcourse approval; and\nfor a racing bookmaker who is a corporation—the executive officers of the racing bookmaker must carry on bookmaking in person at a licensed venue in accordance with the accepted undertaking for the offcourse approval; and\nan approved place for the offcourse approval must not be open to, or available for use by, the public; and\na condition imposed by the Minister on the offcourse approval when granting the approval.\nA condition mentioned in subsection (1) (a) , (b) or (c) is a mandatory condition of the offcourse approval.\n(sec.121-ssec.1) The conditions of a racing bookmaker’s offcourse approval are— for a racing bookmaker who is an individual—the racing bookmaker must carry on bookmaking in person at a licensed venue in accordance with the accepted undertaking for the offcourse approval; and for a racing bookmaker who is a corporation—the executive officers of the racing bookmaker must carry on bookmaking in person at a licensed venue in accordance with the accepted undertaking for the offcourse approval; and an approved place for the offcourse approval must not be open to, or available for use by, the public; and a condition imposed by the Minister on the offcourse approval when granting the approval.\n(sec.121-ssec.2) A condition mentioned in subsection (1) (a) , (b) or (c) is a mandatory condition of the offcourse approval.\n- (a) for a racing bookmaker who is an individual—the racing bookmaker must carry on bookmaking in person at a licensed venue in accordance with the accepted undertaking for the offcourse approval; and\n- (b) for a racing bookmaker who is a corporation—the executive officers of the racing bookmaker must carry on bookmaking in person at a licensed venue in accordance with the accepted undertaking for the offcourse approval; and\n- (c) an approved place for the offcourse approval must not be open to, or available for use by, the public; and\n- (d) a condition imposed by the Minister on the offcourse approval when granting the approval.","sortOrder":144},{"sectionNumber":"sec.122","sectionType":"section","heading":"What is the accepted undertaking for an offcourse approval","content":"### sec.122 What is the accepted undertaking for an offcourse approval\n\nThe accepted undertaking for an offcourse approval is—\nthe undertaking that accompanied the application; or\nif the Minister asked the applicant under section 119 (2) to review the undertaking—the revised undertaking.\nHowever, if—\nthe offcourse approval is granted; and\nthe racing bookmaker who holds the offcourse approval applies to the Minister, or is required by the Minister, to vary the accepted undertaking for the offcourse approval; and\nthe Minister varies the accepted undertaking;\nthe undertaking as varied is the accepted undertaking for the offcourse approval.\ns 122 amd 2022 No. 24 s 29 s ch 1 pt 1\n(sec.122-ssec.1) The accepted undertaking for an offcourse approval is— the undertaking that accompanied the application; or if the Minister asked the applicant under section 119 (2) to review the undertaking—the revised undertaking.\n(sec.122-ssec.2) However, if— the offcourse approval is granted; and the racing bookmaker who holds the offcourse approval applies to the Minister, or is required by the Minister, to vary the accepted undertaking for the offcourse approval; and the Minister varies the accepted undertaking; the undertaking as varied is the accepted undertaking for the offcourse approval.\n- (a) the undertaking that accompanied the application; or\n- (b) if the Minister asked the applicant under section 119 (2) to review the undertaking—the revised undertaking.\n- (a) the offcourse approval is granted; and\n- (b) the racing bookmaker who holds the offcourse approval applies to the Minister, or is required by the Minister, to vary the accepted undertaking for the offcourse approval; and\n- (c) the Minister varies the accepted undertaking;","sortOrder":145},{"sectionNumber":"sec.123","sectionType":"section","heading":"Notice of decision on application","content":"### sec.123 Notice of decision on application\n\nThe Minister must, as soon as practicable after deciding the application, give the applicant and the commission notice of the decision.","sortOrder":146},{"sectionNumber":"ch.4-pt.3-div.1A","sectionType":"division","heading":"Amendments of offcourse approvals","content":"## Amendments of offcourse approvals","sortOrder":147},{"sectionNumber":"sec.123A","sectionType":"section","heading":"Application for amendment of offcourse approval","content":"### sec.123A Application for amendment of offcourse approval\n\nA racing bookmaker who holds an offcourse approval may apply to the Minister for an amendment of the approval, other than an amendment of a mandatory condition.\nThe application for the amendment must—\nbe made in the approved form; and\nbe accompanied by the fee prescribed by regulation; and\nstate—\nthe proposed amendment; and\nthe reasons for the proposed amendment.\ns 123A ins 2022 No. 24 s 9\n(sec.123A-ssec.1) A racing bookmaker who holds an offcourse approval may apply to the Minister for an amendment of the approval, other than an amendment of a mandatory condition.\n(sec.123A-ssec.2) The application for the amendment must— be made in the approved form; and be accompanied by the fee prescribed by regulation; and state— the proposed amendment; and the reasons for the proposed amendment.\n- (a) be made in the approved form; and\n- (b) be accompanied by the fee prescribed by regulation; and\n- (c) state— (i) the proposed amendment; and (ii) the reasons for the proposed amendment.\n- (i) the proposed amendment; and\n- (ii) the reasons for the proposed amendment.\n- (i) the proposed amendment; and\n- (ii) the reasons for the proposed amendment.","sortOrder":148},{"sectionNumber":"sec.123B","sectionType":"section","heading":"Further information or documents to support amendment application","content":"### sec.123B Further information or documents to support amendment application\n\nThe Minister may, by notice given to the applicant, require the applicant—\nto give the Minister further information or a document the Minister reasonably requires to decide the application for the amendment; or\nto give the Minister a revised undertaking for the offcourse approval, taking into account the impact of the proposed amendment on the accepted undertaking for the approval.\nThe notice must state a reasonable period of at least 28 days within which the information, document or undertaking must be given.\nThe applicant is taken to have withdrawn the application if, within the period stated in the notice, the applicant does not comply with the requirement.\nA notice under subsection (1) must be given to the applicant—\nbefore the Minister decides the application; and\nwithin 30 days after the Minister receives the application.\nThe Minister may, but need not, refund all or part of any fee paid for the application if the application is withdrawn.\ns 123B ins 2022 No. 24 s 9\n(sec.123B-ssec.1) The Minister may, by notice given to the applicant, require the applicant— to give the Minister further information or a document the Minister reasonably requires to decide the application for the amendment; or to give the Minister a revised undertaking for the offcourse approval, taking into account the impact of the proposed amendment on the accepted undertaking for the approval.\n(sec.123B-ssec.2) The notice must state a reasonable period of at least 28 days within which the information, document or undertaking must be given.\n(sec.123B-ssec.3) The applicant is taken to have withdrawn the application if, within the period stated in the notice, the applicant does not comply with the requirement.\n(sec.123B-ssec.4) A notice under subsection (1) must be given to the applicant— before the Minister decides the application; and within 30 days after the Minister receives the application.\n(sec.123B-ssec.5) The Minister may, but need not, refund all or part of any fee paid for the application if the application is withdrawn.\n- (a) to give the Minister further information or a document the Minister reasonably requires to decide the application for the amendment; or\n- (b) to give the Minister a revised undertaking for the offcourse approval, taking into account the impact of the proposed amendment on the accepted undertaking for the approval.\n- (a) before the Minister decides the application; and\n- (b) within 30 days after the Minister receives the application.","sortOrder":149},{"sectionNumber":"sec.123C","sectionType":"section","heading":"Decision on amendment application","content":"### sec.123C Decision on amendment application\n\nThe Minister must consider the application for the amendment of the offcourse approval and decide to—\ngrant the application; or\nrefuse to grant the application; or\nif the applicant agrees in writing to another amendment—grant the agreed amendment.\nIf subsection (1) (a) or (c) applies, the Minister must—\namend the offcourse approval in the way decided; and\nif the applicant gave the Minister the revised undertaking mentioned in section 123B (1) (b) —vary the accepted undertaking in the way revised.\ns 123C ins 2022 No. 24 s 9\n(sec.123C-ssec.1) The Minister must consider the application for the amendment of the offcourse approval and decide to— grant the application; or refuse to grant the application; or if the applicant agrees in writing to another amendment—grant the agreed amendment.\n(sec.123C-ssec.2) If subsection (1) (a) or (c) applies, the Minister must— amend the offcourse approval in the way decided; and if the applicant gave the Minister the revised undertaking mentioned in section 123B (1) (b) —vary the accepted undertaking in the way revised.\n- (a) grant the application; or\n- (b) refuse to grant the application; or\n- (c) if the applicant agrees in writing to another amendment—grant the agreed amendment.\n- (a) amend the offcourse approval in the way decided; and\n- (b) if the applicant gave the Minister the revised undertaking mentioned in section 123B (1) (b) —vary the accepted undertaking in the way revised.","sortOrder":150},{"sectionNumber":"sec.123D","sectionType":"section","heading":"Notice of decision to refuse amendment application","content":"### sec.123D Notice of decision to refuse amendment application\n\nIf the Minster refuses to grant the application for the amendment, the Minister must give the applicant an information notice about the decision to refuse to grant the application.\ns 123D ins 2022 No. 24 s 9","sortOrder":151},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Cancellation of offcourse approval","content":"## Cancellation of offcourse approval","sortOrder":152},{"sectionNumber":"sec.124","sectionType":"section","heading":"Grounds for cancellation","content":"### sec.124 Grounds for cancellation\n\nEach of the following is a ground for cancelling a racing bookmaker’s offcourse approval—\nthe racing bookmaker has contravened—\na condition of the offcourse approval; or\nthe accepted undertaking for the offcourse approval;\nthe offcourse approval was granted because of a materially false or misleading representation or declaration;\nthe racing bookmaker has been convicted of an indictable offence or an offence against this Act or the Racing Act ;\nthe racing bookmaker is affected by bankruptcy action.\n- (a) the racing bookmaker has contravened— (i) a condition of the offcourse approval; or (ii) the accepted undertaking for the offcourse approval;\n- (i) a condition of the offcourse approval; or\n- (ii) the accepted undertaking for the offcourse approval;\n- (b) the offcourse approval was granted because of a materially false or misleading representation or declaration;\n- (c) the racing bookmaker has been convicted of an indictable offence or an offence against this Act or the Racing Act ;\n- (d) the racing bookmaker is affected by bankruptcy action.\n- (i) a condition of the offcourse approval; or\n- (ii) the accepted undertaking for the offcourse approval;","sortOrder":153},{"sectionNumber":"sec.125","sectionType":"section","heading":"Show cause notice","content":"### sec.125 Show cause notice\n\nThe Minister must give the racing bookmaker a notice under this section (a show cause notice ) if the Minister reasonably believes—\na ground exists to cancel the offcourse approval; and\nthe act, omission or other thing forming the ground is of a serious and fundamental nature; and\nthe public interest may be affected by the act, omission or other thing in an adverse and material way.\nThe show cause notice must state the following—\nthe Minister proposes to cancel the offcourse approval;\nthe grounds for the proposed cancellation;\nan outline of the facts and circumstances forming the basis for the grounds;\nthat the racing bookmaker may, within a stated period (the show cause period ), make submissions to the Minister to show why the offcourse approval should not be cancelled.\nThe show cause period must end at least 28 days after the racing bookmaker is given the show cause notice.\nThe racing bookmaker may, in the show cause period, make submissions about the show cause notice to the Minister.\n(sec.125-ssec.1) The Minister must give the racing bookmaker a notice under this section (a show cause notice ) if the Minister reasonably believes— a ground exists to cancel the offcourse approval; and the act, omission or other thing forming the ground is of a serious and fundamental nature; and the public interest may be affected by the act, omission or other thing in an adverse and material way.\n(sec.125-ssec.2) The show cause notice must state the following— the Minister proposes to cancel the offcourse approval; the grounds for the proposed cancellation; an outline of the facts and circumstances forming the basis for the grounds; that the racing bookmaker may, within a stated period (the show cause period ), make submissions to the Minister to show why the offcourse approval should not be cancelled.\n(sec.125-ssec.3) The show cause period must end at least 28 days after the racing bookmaker is given the show cause notice.\n(sec.125-ssec.4) The racing bookmaker may, in the show cause period, make submissions about the show cause notice to the Minister.\n- (a) a ground exists to cancel the offcourse approval; and\n- (b) the act, omission or other thing forming the ground is of a serious and fundamental nature; and\n- (c) the public interest may be affected by the act, omission or other thing in an adverse and material way.\n- (a) the Minister proposes to cancel the offcourse approval;\n- (b) the grounds for the proposed cancellation;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) that the racing bookmaker may, within a stated period (the show cause period ), make submissions to the Minister to show why the offcourse approval should not be cancelled.","sortOrder":154},{"sectionNumber":"sec.126","sectionType":"section","heading":"Involvement of commission in show cause process","content":"### sec.126 Involvement of commission in show cause process\n\nThe Minister must immediately give the commission a copy of the show cause notice.\nThe commission may, in the show cause period, make submissions about the show cause notice to the Minister.\n(sec.126-ssec.1) The Minister must immediately give the commission a copy of the show cause notice.\n(sec.126-ssec.2) The commission may, in the show cause period, make submissions about the show cause notice to the Minister.","sortOrder":155},{"sectionNumber":"sec.127","sectionType":"section","heading":"Consideration of submissions","content":"### sec.127 Consideration of submissions\n\nThe Minister must consider all submissions made in the show cause period by each of the following—\nthe racing bookmaker;\nthe commission.\n- (a) the racing bookmaker;\n- (b) the commission.","sortOrder":156},{"sectionNumber":"sec.128","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.128 Ending show cause process without further action\n\nIf, after considering the submissions for the show cause notice, the Minister no longer believes a ground exists to cancel the offcourse approval, the Minister must—\ntake no further action about the show cause notice; and\ngive to the following a notice that no further action about the show cause notice is to be taken—\nthe racing bookmaker;\nthe commission.\n- (a) take no further action about the show cause notice; and\n- (b) give to the following a notice that no further action about the show cause notice is to be taken— (i) the racing bookmaker; (ii) the commission.\n- (i) the racing bookmaker;\n- (ii) the commission.\n- (i) the racing bookmaker;\n- (ii) the commission.","sortOrder":157},{"sectionNumber":"sec.129","sectionType":"section","heading":"Cancellation","content":"### sec.129 Cancellation\n\nThis section applies if, after considering the submissions for the show cause notice, the Minister—\nstill believes—\na ground exists to cancel the offcourse approval; and\nthe act, omission or other thing constituting the ground is of a serious and fundamental nature; and\nthe public interest may be affected in an adverse and material way; and\nbelieves cancellation of the offcourse approval is warranted.\nThis section also applies if there are no submissions for the show cause notice.\nThe Minister may cancel the offcourse approval.\nThe Minister must immediately give the racing bookmaker an information notice about the decision to cancel the offcourse approval.\nThe notice must include—\na direction to the racing bookmaker to return the offcourse approval to the Minister within 14 days after the cancellation; and\na warning to the racing bookmaker that, without a reasonable excuse, it is an offence to fail to comply with the direction.\n(sec.129-ssec.1) This section applies if, after considering the submissions for the show cause notice, the Minister— still believes— a ground exists to cancel the offcourse approval; and the act, omission or other thing constituting the ground is of a serious and fundamental nature; and the public interest may be affected in an adverse and material way; and believes cancellation of the offcourse approval is warranted.\n(sec.129-ssec.2) This section also applies if there are no submissions for the show cause notice.\n(sec.129-ssec.3) The Minister may cancel the offcourse approval.\n(sec.129-ssec.4) The Minister must immediately give the racing bookmaker an information notice about the decision to cancel the offcourse approval.\n(sec.129-ssec.5) The notice must include— a direction to the racing bookmaker to return the offcourse approval to the Minister within 14 days after the cancellation; and a warning to the racing bookmaker that, without a reasonable excuse, it is an offence to fail to comply with the direction.\n- (a) still believes— (i) a ground exists to cancel the offcourse approval; and (ii) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and (iii) the public interest may be affected in an adverse and material way; and\n- (i) a ground exists to cancel the offcourse approval; and\n- (ii) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (iii) the public interest may be affected in an adverse and material way; and\n- (b) believes cancellation of the offcourse approval is warranted.\n- (i) a ground exists to cancel the offcourse approval; and\n- (ii) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and\n- (iii) the public interest may be affected in an adverse and material way; and\n- (a) a direction to the racing bookmaker to return the offcourse approval to the Minister within 14 days after the cancellation; and\n- (b) a warning to the racing bookmaker that, without a reasonable excuse, it is an offence to fail to comply with the direction.","sortOrder":158},{"sectionNumber":"sec.130","sectionType":"section","heading":"Return of cancelled offcourse approval","content":"### sec.130 Return of cancelled offcourse approval\n\nA person must comply with a direction to the person under section 129 (5) (a) unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the person is unable to comply with subsection (1) because the person’s offcourse approval has been lost or destroyed, the person must, within 14 days after the cancellation, give the Minister a statutory declaration stating details of the loss or destruction.\nMaximum penalty—40 penalty units.\nA person does not commit an offence against subsection (1) if the person is not given a warning that, without a reasonable excuse, it is an offence to fail to comply with the direction.\n(sec.130-ssec.1) A person must comply with a direction to the person under section 129 (5) (a) unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.130-ssec.2) If the person is unable to comply with subsection (1) because the person’s offcourse approval has been lost or destroyed, the person must, within 14 days after the cancellation, give the Minister a statutory declaration stating details of the loss or destruction. Maximum penalty—40 penalty units.\n(sec.130-ssec.3) A person does not commit an offence against subsection (1) if the person is not given a warning that, without a reasonable excuse, it is an offence to fail to comply with the direction.","sortOrder":159},{"sectionNumber":"sec.131","sectionType":"section","heading":"Automatic cancellation or suspension of offcourse approval","content":"### sec.131 Automatic cancellation or suspension of offcourse approval\n\nSubsection (2) applies if—\na person’s racing bookmaker’s licence is cancelled; and\nthe person is the holder of an offcourse approval.\nOn the cancellation of the licence, the offcourse approval is cancelled.\nSubsection (4) applies if—\na person’s racing bookmaker’s licence is suspended; and\nthe person is the holder of an offcourse approval.\nOn the suspension of the licence, the offcourse approval is suspended.\n(sec.131-ssec.1) Subsection (2) applies if— a person’s racing bookmaker’s licence is cancelled; and the person is the holder of an offcourse approval.\n(sec.131-ssec.2) On the cancellation of the licence, the offcourse approval is cancelled.\n(sec.131-ssec.3) Subsection (4) applies if— a person’s racing bookmaker’s licence is suspended; and the person is the holder of an offcourse approval.\n(sec.131-ssec.4) On the suspension of the licence, the offcourse approval is suspended.\n- (a) a person’s racing bookmaker’s licence is cancelled; and\n- (b) the person is the holder of an offcourse approval.\n- (a) a person’s racing bookmaker’s licence is suspended; and\n- (b) the person is the holder of an offcourse approval.","sortOrder":160},{"sectionNumber":"sec.132","sectionType":"section","heading":"Censuring racing bookmaker","content":"### sec.132 Censuring racing bookmaker\n\nThis section applies if the Minister reasonably believes—\na ground exists to cancel the offcourse approval; but\nthe giving of a show cause notice is not warranted.\nThe Minister may censure the racing bookmaker for a matter relating to the ground for cancellation.\nThe censure can be effected only by the Minister giving the racing bookmaker an information notice about the decision to censure the racing bookmaker.\n(sec.132-ssec.1) This section applies if the Minister reasonably believes— a ground exists to cancel the offcourse approval; but the giving of a show cause notice is not warranted.\n(sec.132-ssec.2) The Minister may censure the racing bookmaker for a matter relating to the ground for cancellation.\n(sec.132-ssec.3) The censure can be effected only by the Minister giving the racing bookmaker an information notice about the decision to censure the racing bookmaker.\n- (a) a ground exists to cancel the offcourse approval; but\n- (b) the giving of a show cause notice is not warranted.","sortOrder":161},{"sectionNumber":"sec.133","sectionType":"section","heading":"Notice to commission of decisions","content":"### sec.133 Notice to commission of decisions\n\nThis section applies if the Minister decides to—\ncancel an offcourse approval under section 129 ; or\ncensure the racing bookmaker under section 132 .\nThe Minister must give the commission and each control body notice of the decision.\n(sec.133-ssec.1) This section applies if the Minister decides to— cancel an offcourse approval under section 129 ; or censure the racing bookmaker under section 132 .\n(sec.133-ssec.2) The Minister must give the commission and each control body notice of the decision.\n- (a) cancel an offcourse approval under section 129 ; or\n- (b) censure the racing bookmaker under section 132 .","sortOrder":162},{"sectionNumber":"ch.4-pt.3-div.3","sectionType":"division","heading":"Immediate suspension of offcourse approval","content":"## Immediate suspension of offcourse approval","sortOrder":163},{"sectionNumber":"sec.134","sectionType":"section","heading":"Immediate suspension of offcourse approval","content":"### sec.134 Immediate suspension of offcourse approval\n\nThe Minister may suspend immediately an offcourse approval of a racing bookmaker if the Minister reasonably believes—\na ground exists to cancel the offcourse approval; and\nthe circumstances are so extraordinary that it is imperative to suspend the offcourse approval immediately to ensure the public interest in a code of racing is not adversely affected.\nThe suspension—\ncan be effected only by the Minister giving the racing bookmaker an information notice about the decision to suspend the offcourse approval, together with a show cause notice; and\noperates immediately the information notice is given to the racing bookmaker; and\ncontinues to operate until the show cause notice is finally dealt with.\n(sec.134-ssec.1) The Minister may suspend immediately an offcourse approval of a racing bookmaker if the Minister reasonably believes— a ground exists to cancel the offcourse approval; and the circumstances are so extraordinary that it is imperative to suspend the offcourse approval immediately to ensure the public interest in a code of racing is not adversely affected.\n(sec.134-ssec.2) The suspension— can be effected only by the Minister giving the racing bookmaker an information notice about the decision to suspend the offcourse approval, together with a show cause notice; and operates immediately the information notice is given to the racing bookmaker; and continues to operate until the show cause notice is finally dealt with.\n- (a) a ground exists to cancel the offcourse approval; and\n- (b) the circumstances are so extraordinary that it is imperative to suspend the offcourse approval immediately to ensure the public interest in a code of racing is not adversely affected.\n- (a) can be effected only by the Minister giving the racing bookmaker an information notice about the decision to suspend the offcourse approval, together with a show cause notice; and\n- (b) operates immediately the information notice is given to the racing bookmaker; and\n- (c) continues to operate until the show cause notice is finally dealt with.","sortOrder":164},{"sectionNumber":"ch.4-pt.3A","sectionType":"part","heading":"Betting inducements and direct marketing","content":"# Betting inducements and direct marketing","sortOrder":165},{"sectionNumber":"sec.134A","sectionType":"section","heading":"Definitions for part","content":"### sec.134A Definitions for part\n\nIn this part—\ninteractive betting account , of a person, means an account—\nin the name of the person with a racing bookmaker; and\nthat is accessible by means of a telecommunications system; and\nagainst which the racing bookmaker has a right to debit the amount of a bet made by the person.\ninteractive bettor means a person who has an interactive betting account.\ns 134A ins 2021 No. 7 s 63\n- (a) in the name of the person with a racing bookmaker; and\n- (b) that is accessible by means of a telecommunications system; and\n- (c) against which the racing bookmaker has a right to debit the amount of a bet made by the person.","sortOrder":166},{"sectionNumber":"sec.134B","sectionType":"section","heading":"Prohibited inducements","content":"### sec.134B Prohibited inducements\n\nA racing bookmaker or a person acting for a racing bookmaker must not offer, or cause to be offered, to a person who is in Queensland (a relevant person ) any credit, voucher, reward or other benefit as an incentive for the relevant person—\nto open an interactive betting account with the racing bookmaker; or\nto refer another person to the racing bookmaker for the purpose of that person opening an interactive betting account with the racing bookmaker; or\nto make bets through the racing bookmaker’s telecommunications system; or\nto refer another person to the racing bookmaker to make bets through the racing bookmaker’s telecommunications system; or\nnot to close an interactive betting account with the racing bookmaker after the relevant person asks the racing bookmaker to close the account.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\ns 134B ins 2021 No. 7 s 63\n(sec.134B-ssec) A racing bookmaker or a person acting for a racing bookmaker must not offer, or cause to be offered, to a person who is in Queensland (a relevant person ) any credit, voucher, reward or other benefit as an incentive for the relevant person— to open an interactive betting account with the racing bookmaker; or to refer another person to the racing bookmaker for the purpose of that person opening an interactive betting account with the racing bookmaker; or to make bets through the racing bookmaker’s telecommunications system; or to refer another person to the racing bookmaker to make bets through the racing bookmaker’s telecommunications system; or not to close an interactive betting account with the racing bookmaker after the relevant person asks the racing bookmaker to close the account. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n- (a) to open an interactive betting account with the racing bookmaker; or\n- (b) to refer another person to the racing bookmaker for the purpose of that person opening an interactive betting account with the racing bookmaker; or\n- (c) to make bets through the racing bookmaker’s telecommunications system; or\n- (d) to refer another person to the racing bookmaker to make bets through the racing bookmaker’s telecommunications system; or\n- (e) not to close an interactive betting account with the racing bookmaker after the relevant person asks the racing bookmaker to close the account.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.","sortOrder":167},{"sectionNumber":"sec.134C","sectionType":"section","heading":"Betting using free bets","content":"### sec.134C Betting using free bets\n\nA racing bookmaker or a person acting for a racing bookmaker must not offer, or cause to be offered, a free bet to an interactive bettor who is in Queensland and has an interactive betting account with the racing bookmaker unless the interactive bettor can withdraw payouts arising from the free bet at any time.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nIn this section—\nfree bet see the Betting Tax Act 2018 , section 7 .\ns 134C ins 2021 No. 7 s 63\n(sec.134C-ssec.1) A racing bookmaker or a person acting for a racing bookmaker must not offer, or cause to be offered, a free bet to an interactive bettor who is in Queensland and has an interactive betting account with the racing bookmaker unless the interactive bettor can withdraw payouts arising from the free bet at any time. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.134C-ssec.2) In this section— free bet see the Betting Tax Act 2018 , section 7 .\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.","sortOrder":168},{"sectionNumber":"sec.134D","sectionType":"section","heading":"Restrictions on direct marketing","content":"### sec.134D Restrictions on direct marketing\n\nA racing bookmaker or a person acting for a racing bookmaker must not send promotional or advertising material directly by email, SMS message or other direct means to a person who is in Queensland (a relevant person ) unless—\nthe relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and\neither—\nthe relevant person has not withdrawn the consent; or\nthe relevant person has withdrawn the consent but the racing bookmaker or person is not aware of the withdrawal.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nIf the relevant person has given consent to receiving promotional or advertising material, the racing bookmaker or a person acting for the racing bookmaker—\nmust provide the relevant person with a means to easily withdraw the consent at any time; and\nif the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nIf the racing bookmaker or a person acting for the racing bookmaker sends promotional or advertising material to the relevant person electronically, the racing bookmaker or person must provide a mechanism, including, for example, an electronic link, in the material allowing the relevant person to easily withdraw consent from receiving promotional or advertising material.\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—200 penalty units.\nFor this section, if the relevant person withdraws consent from receiving promotional or advertising material, the withdrawal takes effect 5 business days, or a shorter period prescribed by regulation, after the relevant person withdraws consent.\ns 134D ins 2021 No. 7 s 63\n(sec.134D-ssec.1) A racing bookmaker or a person acting for a racing bookmaker must not send promotional or advertising material directly by email, SMS message or other direct means to a person who is in Queensland (a relevant person ) unless— the relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and either— the relevant person has not withdrawn the consent; or the relevant person has withdrawn the consent but the racing bookmaker or person is not aware of the withdrawal. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.134D-ssec.2) If the relevant person has given consent to receiving promotional or advertising material, the racing bookmaker or a person acting for the racing bookmaker— must provide the relevant person with a means to easily withdraw the consent at any time; and if the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.134D-ssec.3) If the racing bookmaker or a person acting for the racing bookmaker sends promotional or advertising material to the relevant person electronically, the racing bookmaker or person must provide a mechanism, including, for example, an electronic link, in the material allowing the relevant person to easily withdraw consent from receiving promotional or advertising material. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units.\n(sec.134D-ssec.4) For this section, if the relevant person withdraws consent from receiving promotional or advertising material, the withdrawal takes effect 5 business days, or a shorter period prescribed by regulation, after the relevant person withdraws consent.\n- (a) the relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and\n- (b) either— (i) the relevant person has not withdrawn the consent; or (ii) the relevant person has withdrawn the consent but the racing bookmaker or person is not aware of the withdrawal.\n- (i) the relevant person has not withdrawn the consent; or\n- (ii) the relevant person has withdrawn the consent but the racing bookmaker or person is not aware of the withdrawal.\n- (i) the relevant person has not withdrawn the consent; or\n- (ii) the relevant person has withdrawn the consent but the racing bookmaker or person is not aware of the withdrawal.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.\n- (a) must provide the relevant person with a means to easily withdraw the consent at any time; and\n- (b) if the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—200 penalty units.","sortOrder":169},{"sectionNumber":"sec.134E","sectionType":"section","heading":"Obligation of racing bookmaker to identify person’s location","content":"### sec.134E Obligation of racing bookmaker to identify person’s location\n\nA racing bookmaker must, when receiving a bet made from an interactive betting account, take reasonable steps to identify the location of the person making the bet.\nMaximum penalty—100 penalty units.\nFor complying with subsection (1) , the racing bookmaker may rely on either of the following addresses as being the location of the person making the bet—\nfor an individual—an address given to the racing bookmaker by the individual as the individual’s residential address;\nfor a company within the meaning of the Corporations Act —an address given to the racing bookmaker by or for the company as the company’s principal place of business.\nHowever, subsection (2) does not apply if the racing bookmaker knows, or has reasonable grounds to suspect, that an address mentioned in subsection (2) (a) or (b) is not the location of the person when the bet is made.\nA person making a bet with a racing bookmaker by telephone has previously given the racing bookmaker an address outside Queensland as the person’s residential address. When making the further bet, the person tells the racing bookmaker the person is in Queensland.\ns 134E ins 2021 No. 7 s 63\n(sec.134E-ssec.1) A racing bookmaker must, when receiving a bet made from an interactive betting account, take reasonable steps to identify the location of the person making the bet. Maximum penalty—100 penalty units.\n(sec.134E-ssec.2) For complying with subsection (1) , the racing bookmaker may rely on either of the following addresses as being the location of the person making the bet— for an individual—an address given to the racing bookmaker by the individual as the individual’s residential address; for a company within the meaning of the Corporations Act —an address given to the racing bookmaker by or for the company as the company’s principal place of business.\n(sec.134E-ssec.3) However, subsection (2) does not apply if the racing bookmaker knows, or has reasonable grounds to suspect, that an address mentioned in subsection (2) (a) or (b) is not the location of the person when the bet is made.\n- (a) for an individual—an address given to the racing bookmaker by the individual as the individual’s residential address;\n- (b) for a company within the meaning of the Corporations Act —an address given to the racing bookmaker by or for the company as the company’s principal place of business.","sortOrder":170},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Other provisions about racing bookmakers","content":"# Other provisions about racing bookmakers","sortOrder":171},{"sectionNumber":"sec.135","sectionType":"section","heading":"When a racing bookmaker may make a bet with a person who is not present at a licensed venue","content":"### sec.135 When a racing bookmaker may make a bet with a person who is not present at a licensed venue\n\nAt a race meeting, a racing bookmaker may make a bet with a person (the bettor ) who is not present at the licensed venue where the meeting is being held if—\nthe bet is made through an approved telecommunications system for bookmaking; and\nthe bettor’s consent to recording the betting transaction is obtained before the transaction starts; and\nthe details of the bet are confirmed with the bettor before the betting transaction ends, including, for example, the name of the bettor and the amount and type of the bet.\ns 135 amd 2022 No. 24 s 10\n- (a) the bet is made through an approved telecommunications system for bookmaking; and\n- (b) the bettor’s consent to recording the betting transaction is obtained before the transaction starts; and\n- (c) the details of the bet are confirmed with the bettor before the betting transaction ends, including, for example, the name of the bettor and the amount and type of the bet.","sortOrder":172},{"sectionNumber":"sec.136","sectionType":"section","heading":"Racing bookmakers to maintain insurance policy or bond to indemnify bettors against default","content":"### sec.136 Racing bookmakers to maintain insurance policy or bond to indemnify bettors against default\n\nFor each code of racing for which a racing bookmaker is licensed, the racing bookmaker must have an insurance policy or bond, acceptable to the commission.\nWithout limiting subsection (1) , an insurance policy or bond must—\nindemnify persons who bet with the racing bookmaker for amounts payable to the persons by the racing bookmaker; and\ninclude conditions required by the commission.\nAn insurance policy or bond acceptable to the commission under this section is an accepted insurance policy or bond .\n(sec.136-ssec.1) For each code of racing for which a racing bookmaker is licensed, the racing bookmaker must have an insurance policy or bond, acceptable to the commission.\n(sec.136-ssec.2) Without limiting subsection (1) , an insurance policy or bond must— indemnify persons who bet with the racing bookmaker for amounts payable to the persons by the racing bookmaker; and include conditions required by the commission.\n(sec.136-ssec.3) An insurance policy or bond acceptable to the commission under this section is an accepted insurance policy or bond .\n- (a) indemnify persons who bet with the racing bookmaker for amounts payable to the persons by the racing bookmaker; and\n- (b) include conditions required by the commission.","sortOrder":173},{"sectionNumber":"sec.137","sectionType":"section","heading":"Commission to ensure racing bookmaker has accepted insurance policy or bond","content":"### sec.137 Commission to ensure racing bookmaker has accepted insurance policy or bond\n\nThe commission must not license a person as a racing bookmaker, or renew a racing bookmaker’s licence, unless the person or racing bookmaker has an accepted insurance policy or bond.\nMaximum penalty—100 penalty units.\nIf a racing bookmaker does not have an accepted insurance policy or bond, the commission must immediately suspend the racing bookmaker’s licence until it is reasonably satisfied the racing bookmaker has an accepted insurance policy or bond.\nThe commission may make enquiries, and do other acts, as it reasonably believes necessary to find out if a racing bookmaker has an accepted insurance policy or bond.\n(sec.137-ssec.1) The commission must not license a person as a racing bookmaker, or renew a racing bookmaker’s licence, unless the person or racing bookmaker has an accepted insurance policy or bond. Maximum penalty—100 penalty units.\n(sec.137-ssec.2) If a racing bookmaker does not have an accepted insurance policy or bond, the commission must immediately suspend the racing bookmaker’s licence until it is reasonably satisfied the racing bookmaker has an accepted insurance policy or bond.\n(sec.137-ssec.3) The commission may make enquiries, and do other acts, as it reasonably believes necessary to find out if a racing bookmaker has an accepted insurance policy or bond.","sortOrder":174},{"sectionNumber":"sec.138","sectionType":"section","heading":"Prohibition of betting by racing bookmaker with minor","content":"### sec.138 Prohibition of betting by racing bookmaker with minor\n\nA racing bookmaker, or an agent or employee of a racing bookmaker, must not—\nbet with a minor; or\nbet with a person if the racing bookmaker, agent or employee knows the person is betting for a minor.\nMaximum penalty—400 penalty units.\nIt is a defence to a charge for an offence against subsection (1) for the defendant to prove that at the time of the offence the defendant honestly and reasonably believed that the person whose age is material to the offence was an adult.\nA minor must not bet with a racing bookmaker or an agent or employee of a racing bookmaker.\nMaximum penalty—400 penalty units.\nA person must not, for a minor, bet with a racing bookmaker or an agent or employee of a racing bookmaker.\nMaximum penalty for subsection (4) —400 penalty units.\n(sec.138-ssec.1) A racing bookmaker, or an agent or employee of a racing bookmaker, must not— bet with a minor; or bet with a person if the racing bookmaker, agent or employee knows the person is betting for a minor. Maximum penalty—400 penalty units.\n(sec.138-ssec.2) It is a defence to a charge for an offence against subsection (1) for the defendant to prove that at the time of the offence the defendant honestly and reasonably believed that the person whose age is material to the offence was an adult.\n(sec.138-ssec.3) A minor must not bet with a racing bookmaker or an agent or employee of a racing bookmaker. Maximum penalty—400 penalty units.\n(sec.138-ssec.4) A person must not, for a minor, bet with a racing bookmaker or an agent or employee of a racing bookmaker. Maximum penalty for subsection (4) —400 penalty units.\n- (a) bet with a minor; or\n- (b) bet with a person if the racing bookmaker, agent or employee knows the person is betting for a minor.","sortOrder":175},{"sectionNumber":"sec.139","sectionType":"section","heading":"Lawful bet by racing bookmaker is taken to be a valid contract","content":"### sec.139 Lawful bet by racing bookmaker is taken to be a valid contract\n\nThis section applies if a racing bookmaker at a licensed venue makes a bet with another person as part of the lawful engagement of the racing bookmaker in bookmaking.\nThe racing bookmaker is taken to have entered into a valid contract with the other person relating to the bet and may sue or be sued on the contract.\n(sec.139-ssec.1) This section applies if a racing bookmaker at a licensed venue makes a bet with another person as part of the lawful engagement of the racing bookmaker in bookmaking.\n(sec.139-ssec.2) The racing bookmaker is taken to have entered into a valid contract with the other person relating to the bet and may sue or be sued on the contract.","sortOrder":176},{"sectionNumber":"sec.140","sectionType":"section","heading":"Payment and settlement of bets","content":"### sec.140 Payment and settlement of bets\n\nSubsection (2) applies to the payment and settlement of a bet that was lawfully made by and with a racing bookmaker at a licensed venue.\nA regulation may approve a place for the payment and settlement of the bet.\nSubsection (4) applies to the payment and settlement of a bet that was lawfully made by and with a racing bookmaker who holds an offcourse approval if an approved telecommunications system for bookmaking was used to make the bet.\nThe offcourse approval may state a place for the payment and settlement of the bet.\nFor the payment and settlement of the bet, that place is not an illegal betting place.\ns 140 amd 2022 No. 24 s 29 s ch 1 pt 1\n(sec.140-ssec.1) Subsection (2) applies to the payment and settlement of a bet that was lawfully made by and with a racing bookmaker at a licensed venue.\n(sec.140-ssec.2) A regulation may approve a place for the payment and settlement of the bet.\n(sec.140-ssec.3) Subsection (4) applies to the payment and settlement of a bet that was lawfully made by and with a racing bookmaker who holds an offcourse approval if an approved telecommunications system for bookmaking was used to make the bet.\n(sec.140-ssec.4) The offcourse approval may state a place for the payment and settlement of the bet.\n(sec.140-ssec.5) For the payment and settlement of the bet, that place is not an illegal betting place.","sortOrder":177},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":178},{"sectionNumber":"sec.141","sectionType":"section","heading":"Bookmaking on particular declared sporting contingencies","content":"### sec.141 Bookmaking on particular declared sporting contingencies\n\nA control body for a code of racing may declare a sporting contingency to be a declared sporting contingency for which—\nracing bookmakers for the code of racing may carry on bookmaking at a licensed venue when—\na race meeting is being held at the venue; and\nthe control body is managing the venue; and\nthe commission is exercising control at the venue; and\nracing bookmakers for the code of racing who hold an offcourse approval may carry on bookmaking at an approved place for the offcourse approval and at the times approved by the Minister.\nBefore the control body declares a sporting contingency to be a declared sporting contingency, the control body must consider all of the following—\nwhether declaring the sporting contingency brings, or has the potential to bring, its code of racing, or racing bookmakers licensed for the code of racing, into disrepute;\nwhether declaring the sporting contingency will erode public confidence in the Queensland racing industry;\nwhether a decision about the result of the sporting contingency can be relied on by the commission, control body, racing bookmakers and the public.\nNotice about the declaration of a sporting contingency must be given by the control body—\nby publication in the control body’s racing calendar under the Racing Act ; or\nby making the notice available on its website; or\nby giving each racing bookmaker for the code of racing a copy of the declaration.\nA racing bookmaker for a code of racing must not carry on bookmaking on a sporting contingency, other than a race, unless the sporting contingency has been declared by the control body for the code of racing to be a declared sporting contingency and—\nthe bookmaking is carried on at a licensed venue when—\na race meeting is being held at the venue; and\nthe control body is managing the venue; and\nthe commission is exercising control at the venue; or\nif the racing bookmaker holds an offcourse approval, the bookmaking is carried on at an approved place for the offcourse approval and at the times approved by the Minister.\nMaximum penalty for subsection (4) —400 penalty units.\n(sec.141-ssec.1) A control body for a code of racing may declare a sporting contingency to be a declared sporting contingency for which— racing bookmakers for the code of racing may carry on bookmaking at a licensed venue when— a race meeting is being held at the venue; and the control body is managing the venue; and the commission is exercising control at the venue; and racing bookmakers for the code of racing who hold an offcourse approval may carry on bookmaking at an approved place for the offcourse approval and at the times approved by the Minister.\n(sec.141-ssec.2) Before the control body declares a sporting contingency to be a declared sporting contingency, the control body must consider all of the following— whether declaring the sporting contingency brings, or has the potential to bring, its code of racing, or racing bookmakers licensed for the code of racing, into disrepute; whether declaring the sporting contingency will erode public confidence in the Queensland racing industry; whether a decision about the result of the sporting contingency can be relied on by the commission, control body, racing bookmakers and the public.\n(sec.141-ssec.3) Notice about the declaration of a sporting contingency must be given by the control body— by publication in the control body’s racing calendar under the Racing Act ; or by making the notice available on its website; or by giving each racing bookmaker for the code of racing a copy of the declaration.\n(sec.141-ssec.4) A racing bookmaker for a code of racing must not carry on bookmaking on a sporting contingency, other than a race, unless the sporting contingency has been declared by the control body for the code of racing to be a declared sporting contingency and— the bookmaking is carried on at a licensed venue when— a race meeting is being held at the venue; and the control body is managing the venue; and the commission is exercising control at the venue; or if the racing bookmaker holds an offcourse approval, the bookmaking is carried on at an approved place for the offcourse approval and at the times approved by the Minister. Maximum penalty for subsection (4) —400 penalty units.\n- (a) racing bookmakers for the code of racing may carry on bookmaking at a licensed venue when— (i) a race meeting is being held at the venue; and (ii) the control body is managing the venue; and (iii) the commission is exercising control at the venue; and\n- (i) a race meeting is being held at the venue; and\n- (ii) the control body is managing the venue; and\n- (iii) the commission is exercising control at the venue; and\n- (b) racing bookmakers for the code of racing who hold an offcourse approval may carry on bookmaking at an approved place for the offcourse approval and at the times approved by the Minister.\n- (i) a race meeting is being held at the venue; and\n- (ii) the control body is managing the venue; and\n- (iii) the commission is exercising control at the venue; and\n- (a) whether declaring the sporting contingency brings, or has the potential to bring, its code of racing, or racing bookmakers licensed for the code of racing, into disrepute;\n- (b) whether declaring the sporting contingency will erode public confidence in the Queensland racing industry;\n- (c) whether a decision about the result of the sporting contingency can be relied on by the commission, control body, racing bookmakers and the public.\n- (a) by publication in the control body’s racing calendar under the Racing Act ; or\n- (b) by making the notice available on its website; or\n- (c) by giving each racing bookmaker for the code of racing a copy of the declaration.\n- (a) the bookmaking is carried on at a licensed venue when— (i) a race meeting is being held at the venue; and (ii) the control body is managing the venue; and (iii) the commission is exercising control at the venue; or\n- (i) a race meeting is being held at the venue; and\n- (ii) the control body is managing the venue; and\n- (iii) the commission is exercising control at the venue; or\n- (b) if the racing bookmaker holds an offcourse approval, the bookmaking is carried on at an approved place for the offcourse approval and at the times approved by the Minister.\n- (i) a race meeting is being held at the venue; and\n- (ii) the control body is managing the venue; and\n- (iii) the commission is exercising control at the venue; or","sortOrder":179},{"sectionNumber":"sec.142","sectionType":"section","heading":"Racing bookmaker’s agent during particular periods","content":"### sec.142 Racing bookmaker’s agent during particular periods\n\nThis section applies if a racing bookmaker applies to the commission in the approved form to authorise a person to act as the racing bookmaker’s agent by carrying on bookmaking as the racing bookmaker for a period.\nThe commission may authorise the person to act as the racing bookmaker’s agent and carry on bookmaking as the racing bookmaker for the period only if—\nthe racing bookmaker—\nis temporarily incapacitated through illness or accident for a period that, together with any previous period in which the racing bookmaker was temporarily incapacitated through illness or accident, does not exceed 12 weeks in any year; or\nis on vacation for a period that, together with any previous period in which the racing bookmaker was on vacation, does not exceed 12 weeks in any year; or\nis temporarily unable, for reasons acceptable to the commission, to carry on bookmaking for a period not exceeding 12 weeks; and\nthe person nominated in the application as the racing bookmaker’s agent is a racing bookmaker’s clerk.\nThe application must be signed by the racing bookmaker.\nHowever, if a racing bookmaker is unable to carry on bookmaking for a period due to incapacity caused by illness or accident, the commission may waive the requirement that the application be signed by the racing bookmaker if it is satisfied the person who signed and lodged the application is acting for the racing bookmaker.\nFor this Act, the person authorised as the racing bookmaker’s agent is taken to be the racing bookmaker during the period stated in the authority and this Act applies to the racing bookmaker’s agent as if the agent were the racing bookmaker.\nSubsection (7) applies if—\nthe racing bookmaker holds an offcourse approval; and\nthe commission authorises a person to act as the racing bookmaker’s agent under this section.\nDespite subsection (5) , the person authorised as the racing bookmaker’s agent may carry on bookmaking as the racing bookmaker at—\nan approved place for the offcourse approval; or\nanother place approved by the Minister.\ns 142 amd 2022 No. 24 s 11\n(sec.142-ssec.1) This section applies if a racing bookmaker applies to the commission in the approved form to authorise a person to act as the racing bookmaker’s agent by carrying on bookmaking as the racing bookmaker for a period.\n(sec.142-ssec.2) The commission may authorise the person to act as the racing bookmaker’s agent and carry on bookmaking as the racing bookmaker for the period only if— the racing bookmaker— is temporarily incapacitated through illness or accident for a period that, together with any previous period in which the racing bookmaker was temporarily incapacitated through illness or accident, does not exceed 12 weeks in any year; or is on vacation for a period that, together with any previous period in which the racing bookmaker was on vacation, does not exceed 12 weeks in any year; or is temporarily unable, for reasons acceptable to the commission, to carry on bookmaking for a period not exceeding 12 weeks; and the person nominated in the application as the racing bookmaker’s agent is a racing bookmaker’s clerk.\n(sec.142-ssec.3) The application must be signed by the racing bookmaker.\n(sec.142-ssec.4) However, if a racing bookmaker is unable to carry on bookmaking for a period due to incapacity caused by illness or accident, the commission may waive the requirement that the application be signed by the racing bookmaker if it is satisfied the person who signed and lodged the application is acting for the racing bookmaker.\n(sec.142-ssec.5) For this Act, the person authorised as the racing bookmaker’s agent is taken to be the racing bookmaker during the period stated in the authority and this Act applies to the racing bookmaker’s agent as if the agent were the racing bookmaker.\n(sec.142-ssec.6) Subsection (7) applies if— the racing bookmaker holds an offcourse approval; and the commission authorises a person to act as the racing bookmaker’s agent under this section.\n(sec.142-ssec.7) Despite subsection (5) , the person authorised as the racing bookmaker’s agent may carry on bookmaking as the racing bookmaker at— an approved place for the offcourse approval; or another place approved by the Minister.\n- (a) the racing bookmaker— (i) is temporarily incapacitated through illness or accident for a period that, together with any previous period in which the racing bookmaker was temporarily incapacitated through illness or accident, does not exceed 12 weeks in any year; or (ii) is on vacation for a period that, together with any previous period in which the racing bookmaker was on vacation, does not exceed 12 weeks in any year; or (iii) is temporarily unable, for reasons acceptable to the commission, to carry on bookmaking for a period not exceeding 12 weeks; and\n- (i) is temporarily incapacitated through illness or accident for a period that, together with any previous period in which the racing bookmaker was temporarily incapacitated through illness or accident, does not exceed 12 weeks in any year; or\n- (ii) is on vacation for a period that, together with any previous period in which the racing bookmaker was on vacation, does not exceed 12 weeks in any year; or\n- (iii) is temporarily unable, for reasons acceptable to the commission, to carry on bookmaking for a period not exceeding 12 weeks; and\n- (b) the person nominated in the application as the racing bookmaker’s agent is a racing bookmaker’s clerk.\n- (i) is temporarily incapacitated through illness or accident for a period that, together with any previous period in which the racing bookmaker was temporarily incapacitated through illness or accident, does not exceed 12 weeks in any year; or\n- (ii) is on vacation for a period that, together with any previous period in which the racing bookmaker was on vacation, does not exceed 12 weeks in any year; or\n- (iii) is temporarily unable, for reasons acceptable to the commission, to carry on bookmaking for a period not exceeding 12 weeks; and\n- (a) the racing bookmaker holds an offcourse approval; and\n- (b) the commission authorises a person to act as the racing bookmaker’s agent under this section.\n- (a) an approved place for the offcourse approval; or\n- (b) another place approved by the Minister.","sortOrder":180},{"sectionNumber":"sec.142A","sectionType":"section","heading":"Approving telecommunications system for bookmaking","content":"### sec.142A Approving telecommunications system for bookmaking\n\nThe commission may approve a telecommunications system for bookmaking if—\nthe commission has the system assessed by a suitably qualified entity, other than the commission; and\nthe entity assessing the system gives the commission a report stating the system is of a standard—\nto ensure the integrity of bets made; and\nto protect the money and privacy of any person placing a bet.\nA telecommunications system approved by the commission under subsection (1) is an approved telecommunications system for bookmaking.\nThe Minister may, if reasonably satisfied it is in the best interests of the Queensland racing industry, give the commission a written direction—\nto have an approved telecommunications system for bookmaking audited by a suitably qualified entity, other than the commission; and\nto give the Minister the results of the audit.\nThe commission must comply with a direction given under subsection (3) .\ns 142A ins 2022 No. 24 s 12\n(sec.142A-ssec.1) The commission may approve a telecommunications system for bookmaking if— the commission has the system assessed by a suitably qualified entity, other than the commission; and the entity assessing the system gives the commission a report stating the system is of a standard— to ensure the integrity of bets made; and to protect the money and privacy of any person placing a bet.\n(sec.142A-ssec.2) A telecommunications system approved by the commission under subsection (1) is an approved telecommunications system for bookmaking.\n(sec.142A-ssec.3) The Minister may, if reasonably satisfied it is in the best interests of the Queensland racing industry, give the commission a written direction— to have an approved telecommunications system for bookmaking audited by a suitably qualified entity, other than the commission; and to give the Minister the results of the audit.\n(sec.142A-ssec.4) The commission must comply with a direction given under subsection (3) .\n- (a) the commission has the system assessed by a suitably qualified entity, other than the commission; and\n- (b) the entity assessing the system gives the commission a report stating the system is of a standard— (i) to ensure the integrity of bets made; and (ii) to protect the money and privacy of any person placing a bet.\n- (i) to ensure the integrity of bets made; and\n- (ii) to protect the money and privacy of any person placing a bet.\n- (i) to ensure the integrity of bets made; and\n- (ii) to protect the money and privacy of any person placing a bet.\n- (a) to have an approved telecommunications system for bookmaking audited by a suitably qualified entity, other than the commission; and\n- (b) to give the Minister the results of the audit.","sortOrder":181},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"General provisions about authorised officers","content":"# General provisions about authorised officers","sortOrder":182},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":183},{"sectionNumber":"sec.143","sectionType":"section","heading":"Authorised officers under this chapter","content":"### sec.143 Authorised officers under this chapter\n\nThis chapter includes provisions for the appointment of authorised officers, and gives authorised officers particular powers.\nThe purpose of these provisions is to ensure the commission has available to it suitably qualified persons who can help the commission deal with issues about compliance under this chapter.\n(sec.143-ssec.1) This chapter includes provisions for the appointment of authorised officers, and gives authorised officers particular powers.\n(sec.143-ssec.2) The purpose of these provisions is to ensure the commission has available to it suitably qualified persons who can help the commission deal with issues about compliance under this chapter.","sortOrder":184},{"sectionNumber":"sec.144","sectionType":"section","heading":"Functions of authorised officers","content":"### sec.144 Functions of authorised officers\n\nAn authorised officer has the following functions—\nto investigate, monitor and enforce compliance with this Act or the Racing Act ;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under this Act or the Racing Act ;\nto facilitate the exercise of powers under this Act or the Racing Act .\n- (a) to investigate, monitor and enforce compliance with this Act or the Racing Act ;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act or the Racing Act ;\n- (c) to facilitate the exercise of powers under this Act or the Racing Act .","sortOrder":185},{"sectionNumber":"sec.145","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.145 Appointment and qualifications\n\nThe commissioner may, by instrument in writing, appoint either of the following persons as authorised officers—\na public service employee;\nother persons prescribed by regulation.\nHowever, the commissioner may appoint a person as an authorised officer only if the commissioner is satisfied the person is appropriately qualified.\n(sec.145-ssec.1) The commissioner may, by instrument in writing, appoint either of the following persons as authorised officers— a public service employee; other persons prescribed by regulation.\n(sec.145-ssec.2) However, the commissioner may appoint a person as an authorised officer only if the commissioner is satisfied the person is appropriately qualified.\n- (a) a public service employee;\n- (b) other persons prescribed by regulation.","sortOrder":186},{"sectionNumber":"sec.146","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.146 Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nthe authorised officer’s instrument of appointment; or\na signed notice given to the authorised officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers.\nIn this section—\nsigned notice means a notice signed by the commissioner.\n(sec.146-ssec.1) An authorised officer holds office on any conditions stated in— the authorised officer’s instrument of appointment; or a signed notice given to the authorised officer; or a regulation.\n(sec.146-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers.\n(sec.146-ssec.3) In this section— signed notice means a notice signed by the commissioner.\n- (a) the authorised officer’s instrument of appointment; or\n- (b) a signed notice given to the authorised officer; or\n- (c) a regulation.","sortOrder":187},{"sectionNumber":"sec.147","sectionType":"section","heading":"When office ends","content":"### sec.147 When office ends\n\nThe office of a person as an authorised officer ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe authorised officer’s resignation under section 148 takes effect.\nSubsection (1) does not limit the ways the office of a person as an authorised officer ends.\nIn this section—\ncondition of office means a condition under which the authorised officer holds office.\n(sec.147-ssec.1) The office of a person as an authorised officer ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the authorised officer’s resignation under section 148 takes effect.\n(sec.147-ssec.2) Subsection (1) does not limit the ways the office of a person as an authorised officer ends.\n(sec.147-ssec.3) In this section— condition of office means a condition under which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the authorised officer’s resignation under section 148 takes effect.","sortOrder":188},{"sectionNumber":"sec.148","sectionType":"section","heading":"Resignation","content":"### sec.148 Resignation\n\nAn authorised officer may resign by signed notice given to the commissioner.\nHowever, if holding office as an authorised officer is a condition of the authorised officer holding another office, the authorised officer may not resign as an authorised officer without resigning from the other office.\n(sec.148-ssec.1) An authorised officer may resign by signed notice given to the commissioner.\n(sec.148-ssec.2) However, if holding office as an authorised officer is a condition of the authorised officer holding another office, the authorised officer may not resign as an authorised officer without resigning from the other office.","sortOrder":189},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":190},{"sectionNumber":"sec.149","sectionType":"section","heading":"Issue of identity card","content":"### sec.149 Issue of identity card\n\nThe commissioner must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the authorised officer; and\ncontain a copy of the authorised officer’s signature; and\nidentify the person as an authorised officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issuing of a single identity card to a person for this Act and other purposes.\n(sec.149-ssec.1) The commissioner must issue an identity card to each authorised officer.\n(sec.149-ssec.2) The identity card must— contain a recent photo of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer under this Act; and state an expiry date for the card.\n(sec.149-ssec.3) This section does not prevent the issuing of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised officer; and\n- (b) contain a copy of the authorised officer’s signature; and\n- (c) identify the person as an authorised officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":191},{"sectionNumber":"sec.150","sectionType":"section","heading":"Production or display of identity card","content":"### sec.150 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an authorised officer must—\nproduce the authorised officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 154 (1) (b) or (d) .\n(sec.150-ssec.1) In exercising a power in relation to a person in the person’s presence, an authorised officer must— produce the authorised officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.150-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.150-ssec.3) For subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 154 (1) (b) or (d) .\n- (a) produce the authorised officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":192},{"sectionNumber":"sec.151","sectionType":"section","heading":"Return of identity card","content":"### sec.151 Return of identity card\n\nIf the office of a person as an authorised officer ends, the person must return the person’s identity card to the commissioner within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.","sortOrder":193},{"sectionNumber":"ch.5-pt.1-div.3","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":194},{"sectionNumber":"sec.152","sectionType":"section","heading":"Reference to exercise of powers","content":"### sec.152 Reference to exercise of powers\n\nIf—\na provision of this chapter refers to the exercise of power by an authorised officer; and\nthere is no reference to a specific power;\nthe reference is to the exercise of all or any authorised officers’ powers under this Act or a warrant, to the extent the powers are relevant.\n- (a) a provision of this chapter refers to the exercise of power by an authorised officer; and\n- (b) there is no reference to a specific power;","sortOrder":195},{"sectionNumber":"sec.153","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.153 Reference to document includes reference to reproductions from electronic document\n\nA reference in this chapter to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":196},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Entry of places by authorised officers","content":"# Entry of places by authorised officers","sortOrder":197},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Power to enter","content":"## Power to enter","sortOrder":198},{"sectionNumber":"sec.154","sectionType":"section","heading":"General power to enter places","content":"### sec.154 General power to enter places\n\nAn authorised officer may enter a place if—\nan occupier of the place consents under division 2 to the entry and section 161 has been complied with for the occupier; or\nit is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 169 has been complied with for the occupier; or\nit is a place of business and the entry is made when the place is—\nopen for carrying on activities for which the place is a place of business; or\notherwise open for entry; or\nthe entry is authorised under section 155 , 156 , 157 or 158 .\nFor subsection (1) (d) and (e) , entry to a place does not include entry to a part of a place where a person resides.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\nThe consent may provide consent for re-entry and is subject to the conditions of consent.\nIf the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.\nIn this section—\nplace of business means either of the following places—\na place used by a control body to conduct activities in relation to managing any of its codes of racing;\na place used by a licence holder to conduct activities for which the licence holder is licensed or otherwise holds the licence, including a place that is an approved place for an offcourse approval held by a racing bookmaker.\n(sec.154-ssec.1) An authorised officer may enter a place if— an occupier of the place consents under division 2 to the entry and section 161 has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 169 has been complied with for the occupier; or it is a place of business and the entry is made when the place is— open for carrying on activities for which the place is a place of business; or otherwise open for entry; or the entry is authorised under section 155 , 156 , 157 or 158 .\n(sec.154-ssec.2) For subsection (1) (d) and (e) , entry to a place does not include entry to a part of a place where a person resides.\n(sec.154-ssec.3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.154-ssec.4) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.154-ssec.5) The consent may provide consent for re-entry and is subject to the conditions of consent.\n(sec.154-ssec.6) If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.\n(sec.154-ssec.7) In this section— place of business means either of the following places— a place used by a control body to conduct activities in relation to managing any of its codes of racing; a place used by a licence holder to conduct activities for which the licence holder is licensed or otherwise holds the licence, including a place that is an approved place for an offcourse approval held by a racing bookmaker.\n- (a) an occupier of the place consents under division 2 to the entry and section 161 has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 169 has been complied with for the occupier; or\n- (d) it is a place of business and the entry is made when the place is— (i) open for carrying on activities for which the place is a place of business; or (ii) otherwise open for entry; or\n- (i) open for carrying on activities for which the place is a place of business; or\n- (ii) otherwise open for entry; or\n- (e) the entry is authorised under section 155 , 156 , 157 or 158 .\n- (i) open for carrying on activities for which the place is a place of business; or\n- (ii) otherwise open for entry; or\n- (a) a place used by a control body to conduct activities in relation to managing any of its codes of racing;\n- (b) a place used by a licence holder to conduct activities for which the licence holder is licensed or otherwise holds the licence, including a place that is an approved place for an offcourse approval held by a racing bookmaker.","sortOrder":199},{"sectionNumber":"sec.155","sectionType":"section","heading":"Power to enter place to check action required under animal welfare direction","content":"### sec.155 Power to enter place to check action required under animal welfare direction\n\nThis section applies if an occupier of a place has been given an animal welfare direction.\nAn authorised officer may, at reasonable times, enter the place to check whether the occupier has taken or is taking the action required under the direction.\nSee, however, the restrictions on entry under section 154 (2) .\nSee section 163 for the procedure for entry under this section.\n(sec.155-ssec.1) This section applies if an occupier of a place has been given an animal welfare direction.\n(sec.155-ssec.2) An authorised officer may, at reasonable times, enter the place to check whether the occupier has taken or is taking the action required under the direction. See, however, the restrictions on entry under section 154 (2) . See section 163 for the procedure for entry under this section.\n- 1 See, however, the restrictions on entry under section 154 (2) .\n- 2 See section 163 for the procedure for entry under this section.","sortOrder":200},{"sectionNumber":"sec.156","sectionType":"section","heading":"Power to enter place to ascertain if animal severely injured","content":"### sec.156 Power to enter place to ascertain if animal severely injured\n\nThis section applies if an authorised officer reasonably suspects—\nan animal at the place has just sustained a severe injury; and\nthe injury is likely to remain untreated, or untreated for an unreasonable period.\nThe authorised officer may enter the place to ascertain if the animal is severely injured.\nSee, however, the restrictions on entry under section 154 (2) .\nSee section 163 for the procedure for entry under this section.\n(sec.156-ssec.1) This section applies if an authorised officer reasonably suspects— an animal at the place has just sustained a severe injury; and the injury is likely to remain untreated, or untreated for an unreasonable period.\n(sec.156-ssec.2) The authorised officer may enter the place to ascertain if the animal is severely injured. See, however, the restrictions on entry under section 154 (2) . See section 163 for the procedure for entry under this section.\n- (a) an animal at the place has just sustained a severe injury; and\n- (b) the injury is likely to remain untreated, or untreated for an unreasonable period.\n- 1 See, however, the restrictions on entry under section 154 (2) .\n- 2 See section 163 for the procedure for entry under this section.","sortOrder":201},{"sectionNumber":"sec.157","sectionType":"section","heading":"Power to enter place in relation to animal welfare offence","content":"### sec.157 Power to enter place in relation to animal welfare offence\n\nThis section applies if an authorised officer reasonably suspects—\nthere is an imminent risk of death or injury to an animal at a place because of an accident or from an animal welfare offence; or\na dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs\nthe beating or torture of an animal at the place\nany delay in entering the place will result in the concealment, death or destruction of anything at the place that is—\nevidence of an animal welfare offence; or\nbeing used to commit, continue or repeat, an offence.\nThe authorised officer may enter the place.\nSee, however, the restrictions on entry under section 154 (2) .\nSee section 163 for the procedure for entry under this section.\n(sec.157-ssec.1) This section applies if an authorised officer reasonably suspects— there is an imminent risk of death or injury to an animal at a place because of an accident or from an animal welfare offence; or a dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs the beating or torture of an animal at the place any delay in entering the place will result in the concealment, death or destruction of anything at the place that is— evidence of an animal welfare offence; or being used to commit, continue or repeat, an offence.\n(sec.157-ssec.2) The authorised officer may enter the place. See, however, the restrictions on entry under section 154 (2) . See section 163 for the procedure for entry under this section.\n- (a) there is an imminent risk of death or injury to an animal at a place because of an accident or from an animal welfare offence; or Examples of imminent risk of death or injury to an animal— 1 a dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs 2 the beating or torture of an animal at the place\n- 1 a dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs\n- 2 the beating or torture of an animal at the place\n- (b) any delay in entering the place will result in the concealment, death or destruction of anything at the place that is— (i) evidence of an animal welfare offence; or (ii) being used to commit, continue or repeat, an offence.\n- (i) evidence of an animal welfare offence; or\n- (ii) being used to commit, continue or repeat, an offence.\n- 1 a dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs\n- 2 the beating or torture of an animal at the place\n- (i) evidence of an animal welfare offence; or\n- (ii) being used to commit, continue or repeat, an offence.\n- 1 See, however, the restrictions on entry under section 154 (2) .\n- 2 See section 163 for the procedure for entry under this section.","sortOrder":202},{"sectionNumber":"sec.158","sectionType":"section","heading":"Limited entry power to provide relief to animal","content":"### sec.158 Limited entry power to provide relief to animal\n\nSubsection (2) applies if—\nan authorised officer reasonably suspects—\nan animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and\nthe person in charge of the animal is not, or is apparently not, present at the place; and\nthe animal is not at a part of the place at which a person resides, or apparently resides.\nThe authorised officer may enter and stay at the place while it is reasonably necessary to provide the food or water or to disentangle the animal.\nAn authorised officer may enter a vehicle if the authorised officer reasonably suspects there is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.\nIf an authorised officer enters a vehicle under subsection (3) , the authorised officer may take reasonable measures to relieve the pain of an animal in the vehicle.\nfeeding, untethering or watering the animal\nBefore leaving the place or vehicle, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the following—\nthe authorised officer’s name and business address or telephone number;\nthe action taken by the authorised officer under subsection (2) or (4) ;\nwhen the action was taken.\nThis section does not limit section 154 .\n(sec.158-ssec.1) Subsection (2) applies if— an authorised officer reasonably suspects— an animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and the person in charge of the animal is not, or is apparently not, present at the place; and the animal is not at a part of the place at which a person resides, or apparently resides.\n(sec.158-ssec.2) The authorised officer may enter and stay at the place while it is reasonably necessary to provide the food or water or to disentangle the animal.\n(sec.158-ssec.3) An authorised officer may enter a vehicle if the authorised officer reasonably suspects there is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.\n(sec.158-ssec.4) If an authorised officer enters a vehicle under subsection (3) , the authorised officer may take reasonable measures to relieve the pain of an animal in the vehicle. feeding, untethering or watering the animal\n(sec.158-ssec.5) Before leaving the place or vehicle, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the following— the authorised officer’s name and business address or telephone number; the action taken by the authorised officer under subsection (2) or (4) ; when the action was taken.\n(sec.158-ssec.6) This section does not limit section 154 .\n- (a) an authorised officer reasonably suspects— (i) an animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and (ii) the person in charge of the animal is not, or is apparently not, present at the place; and\n- (i) an animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and\n- (ii) the person in charge of the animal is not, or is apparently not, present at the place; and\n- (b) the animal is not at a part of the place at which a person resides, or apparently resides.\n- (i) an animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and\n- (ii) the person in charge of the animal is not, or is apparently not, present at the place; and\n- (a) the authorised officer’s name and business address or telephone number;\n- (b) the action taken by the authorised officer under subsection (2) or (4) ;\n- (c) when the action was taken.","sortOrder":203},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Entry by consent","content":"## Entry by consent","sortOrder":204},{"sectionNumber":"sec.159","sectionType":"section","heading":"Application of division","content":"### sec.159 Application of division\n\nThis division applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 154 (1) (a) .","sortOrder":205},{"sectionNumber":"sec.160","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.160 Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an authorised officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":206},{"sectionNumber":"sec.161","sectionType":"section","heading":"Matters authorised officer must tell occupier","content":"### sec.161 Matters authorised officer must tell occupier\n\nBefore asking for the consent, the authorised officer must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":207},{"sectionNumber":"sec.162","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.162 Consent acknowledgement\n\nIf the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthe occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\na signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.162-ssec.1) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.162-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.162-ssec.3) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\n(sec.162-ssec.4) If— an issue arises in a proceeding about whether the occupier consented to the entry; and a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (c) the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":208},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Entry for particular purposes","content":"## Entry for particular purposes","sortOrder":209},{"sectionNumber":"sec.163","sectionType":"section","heading":"Entry of place under ss 155 , 156 and 157","content":"### sec.163 Entry of place under ss 155 , 156 and 157\n\nThis section applies to an authorised officer intending to enter a place under section 155 , 156 or 157 .\nThe authorised officer must, before entering the place, make a reasonable attempt to locate an occupier of the place and obtain the occupier’s consent to the entry.\nSee division 2 .\nThe authorised officer may enter the place if—\nthe authorised officer is unable to locate an occupier after making a reasonable attempt to do so; or\nthe occupier refuses to consent to the entry.\nIf, after the authorised officer enters the place under subsection (3) (a) , the officer finds an occupier present at the place, or if the occupier refuses to consent to the entry, the authorised officer must make reasonable attempts to—\nproduce the authorised officer’s identity card for the occupier’s inspection; and\ninform the occupier—\nof the reason for entering the place; and\nthat the authorised officer is authorised under this Act to enter the place without the permission of the occupier.\nSee, however, the restrictions on entry under section 154 (2) .\nIf the authorised officer does not find an occupier present at the place, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date and time of the entry and information addressing the matters mentioned in subsection (4) (b) .\n(sec.163-ssec.1) This section applies to an authorised officer intending to enter a place under section 155 , 156 or 157 .\n(sec.163-ssec.2) The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier of the place and obtain the occupier’s consent to the entry. See division 2 .\n(sec.163-ssec.3) The authorised officer may enter the place if— the authorised officer is unable to locate an occupier after making a reasonable attempt to do so; or the occupier refuses to consent to the entry.\n(sec.163-ssec.4) If, after the authorised officer enters the place under subsection (3) (a) , the officer finds an occupier present at the place, or if the occupier refuses to consent to the entry, the authorised officer must make reasonable attempts to— produce the authorised officer’s identity card for the occupier’s inspection; and inform the occupier— of the reason for entering the place; and that the authorised officer is authorised under this Act to enter the place without the permission of the occupier. See, however, the restrictions on entry under section 154 (2) .\n(sec.163-ssec.5) If the authorised officer does not find an occupier present at the place, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date and time of the entry and information addressing the matters mentioned in subsection (4) (b) .\n- (a) the authorised officer is unable to locate an occupier after making a reasonable attempt to do so; or\n- (b) the occupier refuses to consent to the entry.\n- (a) produce the authorised officer’s identity card for the occupier’s inspection; and\n- (b) inform the occupier— (i) of the reason for entering the place; and (ii) that the authorised officer is authorised under this Act to enter the place without the permission of the occupier. Note— See, however, the restrictions on entry under section 154 (2) .\n- (i) of the reason for entering the place; and\n- (ii) that the authorised officer is authorised under this Act to enter the place without the permission of the occupier.\n- (i) of the reason for entering the place; and\n- (ii) that the authorised officer is authorised under this Act to enter the place without the permission of the occupier.","sortOrder":210},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Entry under warrant","content":"## Entry under warrant","sortOrder":211},{"sectionNumber":"sec.164","sectionType":"section","heading":"Application for warrant","content":"### sec.164 Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe authorised officer must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.164-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.164-ssec.2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought.\n(sec.164-ssec.3) The written application must be sworn.\n(sec.164-ssec.4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":212},{"sectionNumber":"sec.165","sectionType":"section","heading":"Issue of warrant","content":"### sec.165 Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of—\nan animal welfare offence; or\nanother offence against this Act or the Racing Act .\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised officer or any authorised officer may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the authorised officer’s powers; and\nparticulars of the offence that the magistrate considers appropriate; and\nthe name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nexcept for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends.\nTo the extent that the warrant allows for re-entry of the place, it ends on the day stated in the warrant.\n(sec.165-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of— an animal welfare offence; or another offence against this Act or the Racing Act .\n(sec.165-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised officer or any authorised officer may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised officer’s powers; and particulars of the offence that the magistrate considers appropriate; and the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and except for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.165-ssec.3) To the extent that the warrant allows for re-entry of the place, it ends on the day stated in the warrant.\n- (a) an animal welfare offence; or\n- (b) another offence against this Act or the Racing Act .\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised officer or any authorised officer may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised officer’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised officer’s powers; and\n- (c) particulars of the offence that the magistrate considers appropriate; and\n- (d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the magistrate’s name; and\n- (h) the day and time of the warrant’s issue; and\n- (i) except for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised officer’s powers; and","sortOrder":213},{"sectionNumber":"sec.166","sectionType":"section","heading":"Electronic application","content":"### sec.166 Electronic application\n\nAn application under section 164 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised officer’s remote location.\nThe application—\nmay not be made before the authorised officer prepares the written application under section 164 (2) ; but\nmay be made before the written application is sworn.\n(sec.166-ssec.1) An application under section 164 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.\n(sec.166-ssec.2) The application— may not be made before the authorised officer prepares the written application under section 164 (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised officer’s remote location.\n- (a) may not be made before the authorised officer prepares the written application under section 164 (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":214},{"sectionNumber":"sec.167","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.167 Additional procedure if electronic application\n\nFor an application made under section 166 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 166 ; and\nthe way the application was made under section 166 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\notherwise—\nthe magistrate must tell the authorised officer the information mentioned in section 165 (2) ; and\nthe authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 165 (2) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of the warrant completed under subsection (2) (b) , (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised officer must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 164 (2) and (3) ; and\nif the authorised officer completed a form of warrant under subsection (2) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 164 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.167-ssec.1) For an application made under section 166 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 166 ; and the way the application was made under section 166 was appropriate.\n(sec.167-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the information mentioned in section 165 (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 165 (2) provided by the magistrate.\n(sec.167-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of the warrant completed under subsection (2) (b) , (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.167-ssec.4) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 164 (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n(sec.167-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.167-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.167-ssec.7) This section does not limit section 164 .\n(sec.167-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 166 ; and\n- (b) the way the application was made under section 166 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\n- (b) otherwise— (i) the magistrate must tell the authorised officer the information mentioned in section 165 (2) ; and (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 165 (2) provided by the magistrate.\n- (i) the magistrate must tell the authorised officer the information mentioned in section 165 (2) ; and\n- (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 165 (2) provided by the magistrate.\n- (i) the magistrate must tell the authorised officer the information mentioned in section 165 (2) ; and\n- (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 165 (2) provided by the magistrate.\n- (a) the written application complying with section 164 (2) and (3) ; and\n- (b) if the authorised officer completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":215},{"sectionNumber":"sec.168","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.168 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this subdivision;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 167 (3) .\n(sec.168-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with this subdivision; unless the defect affects the substance of the warrant in a material particular.\n(sec.168-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 167 (3) .\n- (a) the warrant; or\n- (b) compliance with this subdivision;","sortOrder":216},{"sectionNumber":"sec.169","sectionType":"section","heading":"Entry procedure","content":"### sec.169 Entry procedure\n\nThis section applies if an authorised officer is intending to enter a place under a warrant issued under this division.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment;\ngive the person a copy of the warrant;\ntell the person the authorised officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 167 (3) .\n(sec.169-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this division.\n(sec.169-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment; give the person a copy of the warrant; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n(sec.169-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\n(sec.169-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 167 (3) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.","sortOrder":217},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Other authorised officers’ powers and related matters","content":"# Other authorised officers’ powers and related matters","sortOrder":218},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Stopping or moving vehicles","content":"## Stopping or moving vehicles","sortOrder":219},{"sectionNumber":"sec.170","sectionType":"section","heading":"Application of division","content":"### sec.170 Application of division\n\nThis division applies if an authorised officer reasonably suspects, or is aware, that a thing in or on a vehicle may provide evidence of the commission of—\nan animal welfare offence; or\nanother offence against this Act or the Racing Act .\n- (a) an animal welfare offence; or\n- (b) another offence against this Act or the Racing Act .","sortOrder":220},{"sectionNumber":"sec.171","sectionType":"section","heading":"Power to stop or move","content":"### sec.171 Power to stop or move\n\nIf the vehicle is moving, the authorised officer may, to exercise his or her powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the authorised officer to exercise the powers.\nIf the vehicle is stopped, the authorised officer may direct the person in control of the vehicle—\nnot to move it until the authorised officer has exercised the authorised officer’s powers; or\nto move the vehicle to, and keep it at, a stated reasonable place to allow the authorised officer to exercise the powers.\nWhen giving the direction under subsection (2) , the authorised officer must give the person in control an offence warning for the direction.\n(sec.171-ssec.1) If the vehicle is moving, the authorised officer may, to exercise his or her powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the authorised officer to exercise the powers.\n(sec.171-ssec.2) If the vehicle is stopped, the authorised officer may direct the person in control of the vehicle— not to move it until the authorised officer has exercised the authorised officer’s powers; or to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised officer to exercise the powers.\n(sec.171-ssec.3) When giving the direction under subsection (2) , the authorised officer must give the person in control an offence warning for the direction.\n- (a) not to move it until the authorised officer has exercised the authorised officer’s powers; or\n- (b) to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised officer to exercise the powers.","sortOrder":221},{"sectionNumber":"sec.172","sectionType":"section","heading":"Identification requirements if vehicle moving","content":"### sec.172 Identification requirements if vehicle moving\n\nThis section applies if the authorised officer proposes to give a direction under section 171 (1) and the vehicle is moving.\nThe authorised officer must clearly identify himself or herself as an authorised officer exercising the authorised officer’s powers.\nIf the authorised officer is in a moving vehicle, he or she may use a loudhailer to identify himself or herself as an authorised officer exercising powers.\nIf the authorised officer is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised officer exercising powers.\nWhen the vehicle stops, the authorised officer must—\nhave with him or her the authorised officer’s identity card; and\nimmediately produce the identity card for the inspection of the person in control of the vehicle.\nSubsection (3) applies despite section 150 .\n(sec.172-ssec.1) This section applies if the authorised officer proposes to give a direction under section 171 (1) and the vehicle is moving.\n(sec.172-ssec.2) The authorised officer must clearly identify himself or herself as an authorised officer exercising the authorised officer’s powers. If the authorised officer is in a moving vehicle, he or she may use a loudhailer to identify himself or herself as an authorised officer exercising powers. If the authorised officer is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised officer exercising powers.\n(sec.172-ssec.3) When the vehicle stops, the authorised officer must— have with him or her the authorised officer’s identity card; and immediately produce the identity card for the inspection of the person in control of the vehicle.\n(sec.172-ssec.4) Subsection (3) applies despite section 150 .\n- 1 If the authorised officer is in a moving vehicle, he or she may use a loudhailer to identify himself or herself as an authorised officer exercising powers.\n- 2 If the authorised officer is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised officer exercising powers.\n- (a) have with him or her the authorised officer’s identity card; and\n- (b) immediately produce the identity card for the inspection of the person in control of the vehicle.","sortOrder":222},{"sectionNumber":"sec.173","sectionType":"section","heading":"Failure to comply with direction","content":"### sec.173 Failure to comply with direction\n\nThe person in control of the vehicle must comply with a direction under section 171 unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for the person not to comply with a direction if—\nthe vehicle was moving and the authorised officer did not comply with section 172 ; or\nto comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\nSubsection (2) does not limit subsection (1) .\nA person does not commit an offence against subsection (1) if—\nthe direction the person fails to comply with is given under section 171 (2) ; and\nthe person is not given an offence warning for the direction.\n(sec.173-ssec.1) The person in control of the vehicle must comply with a direction under section 171 unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.173-ssec.2) It is a reasonable excuse for the person not to comply with a direction if— the vehicle was moving and the authorised officer did not comply with section 172 ; or to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\n(sec.173-ssec.3) Subsection (2) does not limit subsection (1) .\n(sec.173-ssec.4) A person does not commit an offence against subsection (1) if— the direction the person fails to comply with is given under section 171 (2) ; and the person is not given an offence warning for the direction.\n- (a) the vehicle was moving and the authorised officer did not comply with section 172 ; or\n- (b) to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\n- (a) the direction the person fails to comply with is given under section 171 (2) ; and\n- (b) the person is not given an offence warning for the direction.","sortOrder":223},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"General powers of authorised officers after entering places","content":"## General powers of authorised officers after entering places","sortOrder":224},{"sectionNumber":"sec.174","sectionType":"section","heading":"Application of division","content":"### sec.174 Application of division\n\nThe powers under this division may be exercised if an authorised officer—\nenters a place under section 154 (1) (a) , (c) or (d) ; or\nstops or moves a vehicle under division 1 .\nHowever, if the authorised officer enters under section 154 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.\n(sec.174-ssec.1) The powers under this division may be exercised if an authorised officer— enters a place under section 154 (1) (a) , (c) or (d) ; or stops or moves a vehicle under division 1 .\n(sec.174-ssec.2) However, if the authorised officer enters under section 154 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.\n- (a) enters a place under section 154 (1) (a) , (c) or (d) ; or\n- (b) stops or moves a vehicle under division 1 .","sortOrder":225},{"sectionNumber":"sec.175","sectionType":"section","heading":"General powers","content":"### sec.175 General powers\n\nThe authorised officer may do any of the following (each a general power )—\nsearch any part of the place;\nopen, using reasonable force, a bag, cage, container, pen, yard or other structure confining or containing an animal or other thing to examine the structure, animal or other thing;\nmuster, yard, detain, clip or otherwise deal with an animal at the place;\ntake reasonable measures to relieve the pain of an animal at the place;\nfeeding, untethering or watering an animal\ninspect, examine or film any part of the place or anything at the place;\nsubject to subsection (5) , take for examination a thing, or a sample of or from a thing, at the place;\nplace an identifying mark in or on anything at the place;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place and use any person, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe authorised officer may take a necessary step to allow the exercise of a general power.\nmoving a licensed animal at the place to allow a sample to be taken from the animal\nIf the authorised officer takes a document from the place to copy it, the authorised officer must copy the document and return it to the place as soon as practicable.\nIf the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.\nIf the authorised officer does not believe that he or she is appropriately qualified to take a thing or sample under subsection (1) (f) , the authorised officer must arrange for an appropriately qualified person (a qualified person ) to take the sample or thing for the authorised officer.\nIf the authorised officer or qualified person takes for examination a thing, or a sample of or from a thing, under subsection (1) (f) , the authorised officer must—\ngive a receipt for the thing or sample to the person in charge of the animal or place from which it was taken; and\nfor a thing or sample with an intrinsic value—at the end of 6 months after the thing or sample was taken, return it to the person who appears to be the owner of it or the person in charge of the animal or place from which it was taken.\nSee division 3 for what happens if the sample or thing can not be returned to its owner.\nHowever, if for any reason it is not practicable to comply with subsection (6) (a) , the authorised officer must leave the receipt at the place in a conspicuous position and in a reasonably secure way.\nThe receipt mentioned in subsection (6) (a) must be in the approved form.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\n(sec.175-ssec.1) The authorised officer may do any of the following (each a general power )— search any part of the place; open, using reasonable force, a bag, cage, container, pen, yard or other structure confining or containing an animal or other thing to examine the structure, animal or other thing; muster, yard, detain, clip or otherwise deal with an animal at the place; take reasonable measures to relieve the pain of an animal at the place; feeding, untethering or watering an animal inspect, examine or film any part of the place or anything at the place; subject to subsection (5) , take for examination a thing, or a sample of or from a thing, at the place; place an identifying mark in or on anything at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use any person, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.175-ssec.2) The authorised officer may take a necessary step to allow the exercise of a general power. moving a licensed animal at the place to allow a sample to be taken from the animal\n(sec.175-ssec.3) If the authorised officer takes a document from the place to copy it, the authorised officer must copy the document and return it to the place as soon as practicable.\n(sec.175-ssec.4) If the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.\n(sec.175-ssec.5) If the authorised officer does not believe that he or she is appropriately qualified to take a thing or sample under subsection (1) (f) , the authorised officer must arrange for an appropriately qualified person (a qualified person ) to take the sample or thing for the authorised officer.\n(sec.175-ssec.6) If the authorised officer or qualified person takes for examination a thing, or a sample of or from a thing, under subsection (1) (f) , the authorised officer must— give a receipt for the thing or sample to the person in charge of the animal or place from which it was taken; and for a thing or sample with an intrinsic value—at the end of 6 months after the thing or sample was taken, return it to the person who appears to be the owner of it or the person in charge of the animal or place from which it was taken. See division 3 for what happens if the sample or thing can not be returned to its owner.\n(sec.175-ssec.7) However, if for any reason it is not practicable to comply with subsection (6) (a) , the authorised officer must leave the receipt at the place in a conspicuous position and in a reasonably secure way.\n(sec.175-ssec.8) The receipt mentioned in subsection (6) (a) must be in the approved form.\n(sec.175-ssec.9) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) open, using reasonable force, a bag, cage, container, pen, yard or other structure confining or containing an animal or other thing to examine the structure, animal or other thing;\n- (c) muster, yard, detain, clip or otherwise deal with an animal at the place;\n- (d) take reasonable measures to relieve the pain of an animal at the place; Example of measures— feeding, untethering or watering an animal\n- (e) inspect, examine or film any part of the place or anything at the place;\n- (f) subject to subsection (5) , take for examination a thing, or a sample of or from a thing, at the place;\n- (g) place an identifying mark in or on anything at the place;\n- (h) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (i) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (j) take to, into or onto the place and use any person, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division;\n- (k) remain at the place for the time necessary to achieve the purpose of the entry.\n- (a) give a receipt for the thing or sample to the person in charge of the animal or place from which it was taken; and\n- (b) for a thing or sample with an intrinsic value—at the end of 6 months after the thing or sample was taken, return it to the person who appears to be the owner of it or the person in charge of the animal or place from which it was taken. Note— See division 3 for what happens if the sample or thing can not be returned to its owner.","sortOrder":226},{"sectionNumber":"sec.176","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.176 Power to require reasonable help\n\nThe authorised officer may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nWhen making the help requirement, the authorised officer must give the person an offence warning for the requirement.\n(sec.176-ssec.1) The authorised officer may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.176-ssec.2) When making the help requirement, the authorised officer must give the person an offence warning for the requirement.","sortOrder":227},{"sectionNumber":"sec.177","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.177 Offence to contravene help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for an individual to fail to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\nSee also section 210 .\ns 177 amd 2022 No. 24 s 13\n(sec.177-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.177-ssec.2) It is a reasonable excuse for an individual to fail to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty. See also section 210 .","sortOrder":228},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Seizure by authorised officers and forfeiture","content":"## Seizure by authorised officers and forfeiture","sortOrder":229},{"sectionNumber":"sec.178","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.178 Seizing evidence at a place that may be entered without consent or warrant\n\nAn authorised officer who enters a place the authorised officer may enter under this Act without the consent of an occupier of the place and without a warrant may seize a thing at the place if the authorised officer reasonably believes the thing is evidence of—\nan animal welfare offence; or\nanother offence against this Act or the Racing Act .\n- (a) an animal welfare offence; or\n- (b) another offence against this Act or the Racing Act .","sortOrder":230},{"sectionNumber":"sec.179","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with consent or warrant","content":"### sec.179 Seizing evidence at a place that may be entered only with consent or warrant\n\nThis section applies if—\nan authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\nthe authorised officer enters the place after obtaining the consent or under a warrant.\nIf the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if—\nthe authorised officer reasonably believes the thing is evidence of—\nan animal welfare offence; or\nanother offence against this Act or the Racing Act ; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the authorised officer enters the place under a warrant, the authorised officer may seize the evidence for which the warrant was issued.\nThe authorised officer may also seize anything else at the place if the authorised officer reasonably believes—\nthe thing is evidence of—\nan animal welfare offence; or\nanother offence against this Act or the Racing Act ; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\nThe authorised officer may also seize a thing at the place if the authorised officer reasonably believes it has just been used in committing—\nan animal welfare offence; or\nanother offence against this Act or the Racing Act .\n(sec.179-ssec.1) This section applies if— an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the authorised officer enters the place after obtaining the consent or under a warrant.\n(sec.179-ssec.2) If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if— the authorised officer reasonably believes the thing is evidence of— an animal welfare offence; or another offence against this Act or the Racing Act ; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.179-ssec.3) If the authorised officer enters the place under a warrant, the authorised officer may seize the evidence for which the warrant was issued.\n(sec.179-ssec.4) The authorised officer may also seize anything else at the place if the authorised officer reasonably believes— the thing is evidence of— an animal welfare offence; or another offence against this Act or the Racing Act ; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n(sec.179-ssec.5) The authorised officer may also seize a thing at the place if the authorised officer reasonably believes it has just been used in committing— an animal welfare offence; or another offence against this Act or the Racing Act .\n- (a) an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\n- (b) the authorised officer enters the place after obtaining the consent or under a warrant.\n- (a) the authorised officer reasonably believes the thing is evidence of— (i) an animal welfare offence; or (ii) another offence against this Act or the Racing Act ; and\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act or the Racing Act ; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act or the Racing Act ; and\n- (a) the thing is evidence of— (i) an animal welfare offence; or (ii) another offence against this Act or the Racing Act ; and\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act or the Racing Act ; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act or the Racing Act ; and\n- (a) an animal welfare offence; or\n- (b) another offence against this Act or the Racing Act .","sortOrder":231},{"sectionNumber":"sec.180","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.180 Seizure of property subject to security\n\nAn authorised officer may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person acting under the direction or authority of the authorised officer.\n(sec.180-ssec.1) An authorised officer may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\n(sec.180-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person acting under the direction or authority of the authorised officer.","sortOrder":232},{"sectionNumber":"sec.181","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.181 Power to secure seized thing\n\nHaving seized a thing under this division, an authorised officer may—\nleave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\nmove it from the place of seizure.\nFor subsection (1) (a) , the authorised officer may, for example—\nseal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\nfor equipment—make it inoperable; or\nmake it inoperable by dismantling it or removing a component without which the equipment can not be used\nrequire a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1) (a) .\n(sec.181-ssec.1) Having seized a thing under this division, an authorised officer may— leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move it from the place of seizure.\n(sec.181-ssec.2) For subsection (1) (a) , the authorised officer may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable; or make it inoperable by dismantling it or removing a component without which the equipment can not be used require a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1) (a) .\n- (a) leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (b) move it from the place of seizure.\n- (a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) for equipment—make it inoperable; or Example— make it inoperable by dismantling it or removing a component without which the equipment can not be used\n- (c) require a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1) (a) .","sortOrder":233},{"sectionNumber":"sec.182","sectionType":"section","heading":"Offence to contravene seizure requirement","content":"### sec.182 Offence to contravene seizure requirement\n\nA person must comply with a requirement made of the person under section 181 (2) (c) unless the person has a reasonable excuse.\nMaximum penalty—300 penalty units.","sortOrder":234},{"sectionNumber":"sec.183","sectionType":"section","heading":"Offence to interfere","content":"### sec.183 Offence to interfere\n\nIf access to a seized thing is restricted under section 181 , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan authorised officer’s approval; or\na reasonable excuse.\nMaximum penalty—400 penalty units.\nIf access to a place is restricted under section 181 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan authorised officer’s approval; or\na reasonable excuse.\nMaximum penalty—400 penalty units.\n(sec.183-ssec.1) If access to a seized thing is restricted under section 181 , a person must not tamper with the thing or with anything used to restrict access to the thing without— an authorised officer’s approval; or a reasonable excuse. Maximum penalty—400 penalty units.\n(sec.183-ssec.2) If access to a place is restricted under section 181 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an authorised officer’s approval; or a reasonable excuse. Maximum penalty—400 penalty units.\n- (a) an authorised officer’s approval; or\n- (b) a reasonable excuse.\n- (a) an authorised officer’s approval; or\n- (b) a reasonable excuse.","sortOrder":235},{"sectionNumber":"sec.184","sectionType":"section","heading":"Receipt and information notice for seized thing","content":"### sec.184 Receipt and information notice for seized thing\n\nThis section applies if an authorised officer seizes anything under this division unless—\nthe authorised officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or\nbecause of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.\nThe authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—\na receipt for the thing that generally describes the thing and its condition; and\nan information notice about the decision to seize it.\nHowever, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\nThe receipt and information notice may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe authorised officer may delay giving the receipt and information notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this Act or the Racing Act .\nHowever, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n(sec.184-ssec.1) This section applies if an authorised officer seizes anything under this division unless— the authorised officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.\n(sec.184-ssec.2) The authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice about the decision to seize it.\n(sec.184-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\n(sec.184-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.\n(sec.184-ssec.5) The authorised officer may delay giving the receipt and information notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this Act or the Racing Act .\n(sec.184-ssec.6) However, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n- (a) the authorised officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or\n- (b) because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.\n- (a) a receipt for the thing that generally describes the thing and its condition; and\n- (b) an information notice about the decision to seize it.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":236},{"sectionNumber":"sec.185","sectionType":"section","heading":"Access to seized thing","content":"### sec.185 Access to seized thing\n\nUntil a seized thing is forfeited or returned, the authorised officer who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\n(sec.185-ssec.1) Until a seized thing is forfeited or returned, the authorised officer who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.185-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.185-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":237},{"sectionNumber":"sec.186","sectionType":"section","heading":"Return of seized thing","content":"### sec.186 Return of seized thing\n\nThis section applies if a seized thing is not—\nforfeited or transferred under subdivision 4 or 5 ; or\nsubject to a disposal order under division 4 .\nAs soon as the commissioner stops being satisfied there are reasonable grounds for retaining the thing, the commissioner must return it to its owner.\nIf the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the commissioner for its return.\nWithin 30 days after receiving the application, the commissioner must—\nif the commissioner is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice about the decision, including the grounds for retaining the thing; or\notherwise—return the thing to the owner.\nFor this section, there are reasonable grounds for retaining a seized thing if—\nthe thing is being, or is likely to be, examined; or\nthe thing is needed, or may be needed, for the purposes of—\na proceeding for an animal welfare offence, or another offence against this Act or the Racing Act , that is likely to be started or that has been started but not completed; or\nan appeal from a decision in a proceeding for an animal welfare offence or another offence against this Act or the Racing Act ; or\nit is not unlawful for the owner to possess the thing.\nSubsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\nNothing in this section affects a lien or other security over the seized thing.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\n(sec.186-ssec.1) This section applies if a seized thing is not— forfeited or transferred under subdivision 4 or 5 ; or subject to a disposal order under division 4 .\n(sec.186-ssec.2) As soon as the commissioner stops being satisfied there are reasonable grounds for retaining the thing, the commissioner must return it to its owner.\n(sec.186-ssec.3) If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the commissioner for its return.\n(sec.186-ssec.4) Within 30 days after receiving the application, the commissioner must— if the commissioner is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice about the decision, including the grounds for retaining the thing; or otherwise—return the thing to the owner.\n(sec.186-ssec.5) For this section, there are reasonable grounds for retaining a seized thing if— the thing is being, or is likely to be, examined; or the thing is needed, or may be needed, for the purposes of— a proceeding for an animal welfare offence, or another offence against this Act or the Racing Act , that is likely to be started or that has been started but not completed; or an appeal from a decision in a proceeding for an animal welfare offence or another offence against this Act or the Racing Act ; or it is not unlawful for the owner to possess the thing.\n(sec.186-ssec.6) Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\n(sec.186-ssec.7) Nothing in this section affects a lien or other security over the seized thing.\n(sec.186-ssec.8) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify.\n- (a) forfeited or transferred under subdivision 4 or 5 ; or\n- (b) subject to a disposal order under division 4 .\n- (a) if the commissioner is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice about the decision, including the grounds for retaining the thing; or\n- (b) otherwise—return the thing to the owner.\n- (a) the thing is being, or is likely to be, examined; or\n- (b) the thing is needed, or may be needed, for the purposes of— (i) a proceeding for an animal welfare offence, or another offence against this Act or the Racing Act , that is likely to be started or that has been started but not completed; or (ii) an appeal from a decision in a proceeding for an animal welfare offence or another offence against this Act or the Racing Act ; or\n- (i) a proceeding for an animal welfare offence, or another offence against this Act or the Racing Act , that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an animal welfare offence or another offence against this Act or the Racing Act ; or\n- (c) it is not unlawful for the owner to possess the thing.\n- (i) a proceeding for an animal welfare offence, or another offence against this Act or the Racing Act , that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an animal welfare offence or another offence against this Act or the Racing Act ; or","sortOrder":238},{"sectionNumber":"sec.187","sectionType":"section","heading":"Forfeiture by commissioner decision","content":"### sec.187 Forfeiture by commissioner decision\n\nThe commissioner may decide a seized thing is forfeited to the State if an authorised officer—\nafter making reasonable inquiries, can not find an owner; or\nafter making reasonable efforts, can not return it to an owner; or\nreasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\nHowever, the authorised officer is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nthe owner of the thing has migrated to another country\nRegard must be had to the thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.187-ssec.1) The commissioner may decide a seized thing is forfeited to the State if an authorised officer— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n(sec.187-ssec.2) However, the authorised officer is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country\n(sec.187-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) after making reasonable inquiries, can not find an owner; or\n- (b) after making reasonable efforts, can not return it to an owner; or\n- (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — the owner of the thing has migrated to another country\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":239},{"sectionNumber":"sec.188","sectionType":"section","heading":"Information notice about forfeiture decision","content":"### sec.188 Information notice about forfeiture decision\n\nIf the commissioner decides under section 187 (1) to forfeit a thing, the commissioner must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice about the decision.\nIf the decision was made under section 187 (1) (a) or (b) , the information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\nThe information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.\nHowever, subsections (1) to (3) do not apply if—\nthe decision was made under section 187 (1) (a) or (b) ; and\nthe place where the thing was seized is—\na public place; or\na place where the notice is unlikely to be read by the former owner.\n(sec.188-ssec.1) If the commissioner decides under section 187 (1) to forfeit a thing, the commissioner must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice about the decision.\n(sec.188-ssec.2) If the decision was made under section 187 (1) (a) or (b) , the information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\n(sec.188-ssec.3) The information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.\n(sec.188-ssec.4) However, subsections (1) to (3) do not apply if— the decision was made under section 187 (1) (a) or (b) ; and the place where the thing was seized is— a public place; or a place where the notice is unlikely to be read by the former owner.\n- (a) the decision was made under section 187 (1) (a) or (b) ; and\n- (b) the place where the thing was seized is— (i) a public place; or (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.","sortOrder":240},{"sectionNumber":"sec.189","sectionType":"section","heading":"When thing becomes property of the State","content":"### sec.189 When thing becomes property of the State\n\nA thing becomes the property of the State if—\nthe thing is forfeited to the State under section 187 (1) ; or\nthe owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.\n- (a) the thing is forfeited to the State under section 187 (1) ; or\n- (b) the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.","sortOrder":241},{"sectionNumber":"sec.190","sectionType":"section","heading":"How property may be dealt with","content":"### sec.190 How property may be dealt with\n\nThis section applies if, under section 189 , a thing becomes the property of the State.\nThe commissioner may deal with the thing as the commissioner considers appropriate, including, for example, by destroying it or giving it away.\nThe commissioner must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this Act.\nIf the commissioner sells the thing, the commissioner may, after deducting the following costs, return the proceeds of the sale to the former owner of the thing—\nthe costs of the sale;\nany costs the commission may recover from a person under section 237 .\nThis section is subject to any disposal order made for the thing.\n(sec.190-ssec.1) This section applies if, under section 189 , a thing becomes the property of the State.\n(sec.190-ssec.2) The commissioner may deal with the thing as the commissioner considers appropriate, including, for example, by destroying it or giving it away.\n(sec.190-ssec.3) The commissioner must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this Act.\n(sec.190-ssec.4) If the commissioner sells the thing, the commissioner may, after deducting the following costs, return the proceeds of the sale to the former owner of the thing— the costs of the sale; any costs the commission may recover from a person under section 237 .\n(sec.190-ssec.5) This section is subject to any disposal order made for the thing.\n- (a) the costs of the sale;\n- (b) any costs the commission may recover from a person under section 237 .","sortOrder":242},{"sectionNumber":"ch.5-pt.3-div.4","sectionType":"division","heading":"Disposal orders","content":"## Disposal orders","sortOrder":243},{"sectionNumber":"sec.191","sectionType":"section","heading":"Disposal order","content":"### sec.191 Disposal order\n\nThis section applies if a person is convicted of an animal welfare offence or another offence against this Act or the Racing Act .\nThe court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—\nanything that was the subject of, or used to commit, the offence;\nanother thing the court considers is likely to be used by the person or another person in committing a further animal welfare offence or another further offence against this Act or the Racing Act .\nThe court may make a disposal order for a thing—\nwhether or not it has been seized under this Act; and\nif the thing has been seized—whether or not it has been returned to the former owner.\nIn deciding whether to make a disposal order for a thing, the court—\nmay require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\nmust hear any submissions that any person claiming to have any property in the thing may wish to make.\nThe court may make any order to enforce the disposal order that it considers appropriate.\nThis section does not limit the court’s powers under another law.\n(sec.191-ssec.1) This section applies if a person is convicted of an animal welfare offence or another offence against this Act or the Racing Act .\n(sec.191-ssec.2) The court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person— anything that was the subject of, or used to commit, the offence; another thing the court considers is likely to be used by the person or another person in committing a further animal welfare offence or another further offence against this Act or the Racing Act .\n(sec.191-ssec.3) The court may make a disposal order for a thing— whether or not it has been seized under this Act; and if the thing has been seized—whether or not it has been returned to the former owner.\n(sec.191-ssec.4) In deciding whether to make a disposal order for a thing, the court— may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and must hear any submissions that any person claiming to have any property in the thing may wish to make.\n(sec.191-ssec.5) The court may make any order to enforce the disposal order that it considers appropriate.\n(sec.191-ssec.6) This section does not limit the court’s powers under another law.\n- (a) anything that was the subject of, or used to commit, the offence;\n- (b) another thing the court considers is likely to be used by the person or another person in committing a further animal welfare offence or another further offence against this Act or the Racing Act .\n- (a) whether or not it has been seized under this Act; and\n- (b) if the thing has been seized—whether or not it has been returned to the former owner.\n- (a) may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\n- (b) must hear any submissions that any person claiming to have any property in the thing may wish to make.","sortOrder":244},{"sectionNumber":"ch.5-pt.3-div.5","sectionType":"division","heading":"Animal welfare directions","content":"## Animal welfare directions","sortOrder":245},{"sectionNumber":"sec.192","sectionType":"section","heading":"Application of division","content":"### sec.192 Application of division\n\nThis division applies if an authorised officer reasonably believes—\na person has committed, is committing, or is about to commit, an animal welfare offence; or\nan animal—\nis not being cared for properly; or\nis experiencing undue pain; or\nrequires veterinary treatment; or\nshould not be used for work.\nThis division also applies if an animal has been seized under division 3 , subdivision 1 .\nIn this section—\nveterinary treatment , of an animal, means—\nconsultation by a person with a veterinary surgeon about the animal’s condition; or\nperformance by a veterinary surgeon of a medical or surgical procedure on the animal; or\nperformance by someone other than a veterinary surgeon of a medical procedure of a curative or preventive nature on the animal if the procedure is to be performed under a veterinary surgeon’s directions.\n(sec.192-ssec.1) This division applies if an authorised officer reasonably believes— a person has committed, is committing, or is about to commit, an animal welfare offence; or an animal— is not being cared for properly; or is experiencing undue pain; or requires veterinary treatment; or should not be used for work.\n(sec.192-ssec.2) This division also applies if an animal has been seized under division 3 , subdivision 1 .\n(sec.192-ssec.3) In this section— veterinary treatment , of an animal, means— consultation by a person with a veterinary surgeon about the animal’s condition; or performance by a veterinary surgeon of a medical or surgical procedure on the animal; or performance by someone other than a veterinary surgeon of a medical procedure of a curative or preventive nature on the animal if the procedure is to be performed under a veterinary surgeon’s directions.\n- (a) a person has committed, is committing, or is about to commit, an animal welfare offence; or\n- (b) an animal— (i) is not being cared for properly; or (ii) is experiencing undue pain; or (iii) requires veterinary treatment; or (iv) should not be used for work.\n- (i) is not being cared for properly; or\n- (ii) is experiencing undue pain; or\n- (iii) requires veterinary treatment; or\n- (iv) should not be used for work.\n- (i) is not being cared for properly; or\n- (ii) is experiencing undue pain; or\n- (iii) requires veterinary treatment; or\n- (iv) should not be used for work.\n- (a) consultation by a person with a veterinary surgeon about the animal’s condition; or\n- (b) performance by a veterinary surgeon of a medical or surgical procedure on the animal; or\n- (c) performance by someone other than a veterinary surgeon of a medical procedure of a curative or preventive nature on the animal if the procedure is to be performed under a veterinary surgeon’s directions.","sortOrder":246},{"sectionNumber":"sec.193","sectionType":"section","heading":"Power to give animal welfare direction","content":"### sec.193 Power to give animal welfare direction\n\nThe authorised officer may give a written direction (an animal welfare direction ) requiring stated action about the animal or its environment.\nThe direction may be given to—\na person in charge of the animal; or\na person whom the authorised officer reasonably believes is in charge of the animal; or\nif the animal has been seized under division 3 , subdivision 1 —\na person who, immediately before the seizure, was a person in charge of the animal; or\na person whom the authorised officer reasonably believes was, immediately before the seizure, a person in charge of the animal.\nWithout limiting subsection (1) , the direction may require any of the following actions to be taken—\ncare for, or treat, the animal in stated way;\nprovide the animal with stated accommodation, food, rest, water or other living conditions;\nconsult a veterinary surgeon about the animal’s condition before a stated time;\nmove the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ;\nnot to move the animal from the place where it is situated when the direction is given.\nHowever, action may be required only if the authorised officer considers it to be necessary and reasonable in the interests of the animal’s welfare.\nThe direction may state how the person given the direction may show that the stated action has been taken.\n(sec.193-ssec.1) The authorised officer may give a written direction (an animal welfare direction ) requiring stated action about the animal or its environment.\n(sec.193-ssec.2) The direction may be given to— a person in charge of the animal; or a person whom the authorised officer reasonably believes is in charge of the animal; or if the animal has been seized under division 3 , subdivision 1 — a person who, immediately before the seizure, was a person in charge of the animal; or a person whom the authorised officer reasonably believes was, immediately before the seizure, a person in charge of the animal.\n(sec.193-ssec.3) Without limiting subsection (1) , the direction may require any of the following actions to be taken— care for, or treat, the animal in stated way; provide the animal with stated accommodation, food, rest, water or other living conditions; consult a veterinary surgeon about the animal’s condition before a stated time; move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ; not to move the animal from the place where it is situated when the direction is given.\n(sec.193-ssec.4) However, action may be required only if the authorised officer considers it to be necessary and reasonable in the interests of the animal’s welfare.\n(sec.193-ssec.5) The direction may state how the person given the direction may show that the stated action has been taken.\n- (a) a person in charge of the animal; or\n- (b) a person whom the authorised officer reasonably believes is in charge of the animal; or\n- (c) if the animal has been seized under division 3 , subdivision 1 — (i) a person who, immediately before the seizure, was a person in charge of the animal; or (ii) a person whom the authorised officer reasonably believes was, immediately before the seizure, a person in charge of the animal.\n- (i) a person who, immediately before the seizure, was a person in charge of the animal; or\n- (ii) a person whom the authorised officer reasonably believes was, immediately before the seizure, a person in charge of the animal.\n- (i) a person who, immediately before the seizure, was a person in charge of the animal; or\n- (ii) a person whom the authorised officer reasonably believes was, immediately before the seizure, a person in charge of the animal.\n- (a) care for, or treat, the animal in stated way;\n- (b) provide the animal with stated accommodation, food, rest, water or other living conditions;\n- (c) consult a veterinary surgeon about the animal’s condition before a stated time;\n- (d) move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ;\n- (e) not to move the animal from the place where it is situated when the direction is given.","sortOrder":247},{"sectionNumber":"sec.194","sectionType":"section","heading":"Requirements for giving animal welfare direction","content":"### sec.194 Requirements for giving animal welfare direction\n\nAn animal welfare direction must—\nbe in the approved form; and\ndescribe—\nthe animal in a way that reasonably allows the person given the direction to identify it; or\nif the direction is given because the authorised officer reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and\nstate—\neach requirement; and\na time for the person to comply with each requirement; and\ninclude an information notice about the decision to give the direction.\nDespite subsection (1) (a) , an animal welfare direction may be given orally if—\nthe authorised officer considers it to be in the interests of the animal’s welfare to give the direction immediately; and\nfor any reason it is not practicable to immediately give the direction in the approved form; and\nthe authorised officer gives the person an offence warning.\nIf the direction is given orally, the authorised officer must confirm the direction by also giving it in the approved form as soon as practicable after giving it orally.\nAn animal welfare direction may state that an authorised officer proposes, at a stated time or at stated intervals, to enter the following where an animal the subject of the direction is kept at to check compliance with the direction—\na vehicle of which the person is the person in control;\nanother place of which the person is the occupier.\n(sec.194-ssec.1) An animal welfare direction must— be in the approved form; and describe— the animal in a way that reasonably allows the person given the direction to identify it; or if the direction is given because the authorised officer reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and state— each requirement; and a time for the person to comply with each requirement; and include an information notice about the decision to give the direction.\n(sec.194-ssec.2) Despite subsection (1) (a) , an animal welfare direction may be given orally if— the authorised officer considers it to be in the interests of the animal’s welfare to give the direction immediately; and for any reason it is not practicable to immediately give the direction in the approved form; and the authorised officer gives the person an offence warning.\n(sec.194-ssec.3) If the direction is given orally, the authorised officer must confirm the direction by also giving it in the approved form as soon as practicable after giving it orally.\n(sec.194-ssec.4) An animal welfare direction may state that an authorised officer proposes, at a stated time or at stated intervals, to enter the following where an animal the subject of the direction is kept at to check compliance with the direction— a vehicle of which the person is the person in control; another place of which the person is the occupier.\n- (a) be in the approved form; and\n- (b) describe— (i) the animal in a way that reasonably allows the person given the direction to identify it; or (ii) if the direction is given because the authorised officer reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and\n- (i) the animal in a way that reasonably allows the person given the direction to identify it; or\n- (ii) if the direction is given because the authorised officer reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and\n- (c) state— (i) each requirement; and (ii) a time for the person to comply with each requirement; and\n- (i) each requirement; and\n- (ii) a time for the person to comply with each requirement; and\n- (d) include an information notice about the decision to give the direction.\n- (i) the animal in a way that reasonably allows the person given the direction to identify it; or\n- (ii) if the direction is given because the authorised officer reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and\n- (i) each requirement; and\n- (ii) a time for the person to comply with each requirement; and\n- (a) the authorised officer considers it to be in the interests of the animal’s welfare to give the direction immediately; and\n- (b) for any reason it is not practicable to immediately give the direction in the approved form; and\n- (c) the authorised officer gives the person an offence warning.\n- (a) a vehicle of which the person is the person in control;\n- (b) another place of which the person is the occupier.","sortOrder":248},{"sectionNumber":"sec.195","sectionType":"section","heading":"Failure to comply with animal welfare direction","content":"### sec.195 Failure to comply with animal welfare direction\n\nA person to whom an animal welfare direction has been given must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 263 , to have also committed the offence.","sortOrder":249},{"sectionNumber":"ch.5-pt.3-div.6","sectionType":"division","heading":"Authorised officer’s power to destroy animals","content":"## Authorised officer’s power to destroy animals","sortOrder":250},{"sectionNumber":"sec.196","sectionType":"section","heading":"Power of destruction","content":"### sec.196 Power of destruction\n\nAn authorised officer may destroy an animal, or cause it to be destroyed, if—\nan authorised officer has seized the animal under this part or the person in charge of the animal has given written consent to the destruction; and\nthe authorised officer reasonably believes that the animal is in pain to the extent that it is cruel to keep it alive.\n- (a) an authorised officer has seized the animal under this part or the person in charge of the animal has given written consent to the destruction; and\n- (b) the authorised officer reasonably believes that the animal is in pain to the extent that it is cruel to keep it alive.","sortOrder":251},{"sectionNumber":"ch.5-pt.3-div.7","sectionType":"division","heading":"Other information-obtaining powers of authorised officers","content":"## Other information-obtaining powers of authorised officers","sortOrder":252},{"sectionNumber":"sec.197","sectionType":"section","heading":"Power to require name and address","content":"### sec.197 Power to require name and address\n\nThis section applies if an authorised officer—\nfinds a person committing—\nan animal welfare offence; or\nanother offence against this Act or the Racing Act ; or\nfinds a person in circumstances that lead the authorised officer to reasonably suspect the person has just committed—\nan animal welfare offence; or\nanother offence against this Act or the Racing Act ; or\nhas information that leads the authorised officer to reasonably suspect a person has just committed—\nan animal welfare offence; or\nanother offence against this Act or the Racing Act .\nThe authorised officer may require the person to state the person’s name and address.\nThe authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a personal details requirement, the authorised officer must give the person an offence warning for the requirement.\nA requirement under this section is a personal details requirement .\nIn this section—\naddress , of a person, includes the person’s residential and business address and, for a person temporarily in Queensland, includes the place where the person is living in Queensland.\n(sec.197-ssec.1) This section applies if an authorised officer— finds a person committing— an animal welfare offence; or another offence against this Act or the Racing Act ; or finds a person in circumstances that lead the authorised officer to reasonably suspect the person has just committed— an animal welfare offence; or another offence against this Act or the Racing Act ; or has information that leads the authorised officer to reasonably suspect a person has just committed— an animal welfare offence; or another offence against this Act or the Racing Act .\n(sec.197-ssec.2) The authorised officer may require the person to state the person’s name and address.\n(sec.197-ssec.3) The authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.197-ssec.4) When making a personal details requirement, the authorised officer must give the person an offence warning for the requirement.\n(sec.197-ssec.5) A requirement under this section is a personal details requirement .\n(sec.197-ssec.6) In this section— address , of a person, includes the person’s residential and business address and, for a person temporarily in Queensland, includes the place where the person is living in Queensland.\n- (a) finds a person committing— (i) an animal welfare offence; or (ii) another offence against this Act or the Racing Act ; or\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act or the Racing Act ; or\n- (b) finds a person in circumstances that lead the authorised officer to reasonably suspect the person has just committed— (i) an animal welfare offence; or (ii) another offence against this Act or the Racing Act ; or\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act or the Racing Act ; or\n- (c) has information that leads the authorised officer to reasonably suspect a person has just committed— (i) an animal welfare offence; or (ii) another offence against this Act or the Racing Act .\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act or the Racing Act .\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act or the Racing Act ; or\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act or the Racing Act ; or\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act or the Racing Act .\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":253},{"sectionNumber":"sec.198","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.198 Offence to contravene personal details requirement\n\nA person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.\n(sec.198-ssec.1) A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.198-ssec.2) A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.","sortOrder":254},{"sectionNumber":"sec.199","sectionType":"section","heading":"Power to require production of document","content":"### sec.199 Power to require production of document\n\nAn authorised officer may require a person to make available for inspection by an authorised officer, or to produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer—\na document issued to the person under this Act or the Racing Act ; or\na document required to be kept by the person under this Act or the Racing Act ; or\nif a document or information required to be kept by the person under this Act or the Racing Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.\nA requirement under subsection (1) is a document production requirement .\nFor an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.\nThe authorised officer may keep the document to copy it.\nIf the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nA requirement under subsection (5) is a document certification requirement .\nThe authorised officer must return the document to the person as soon as practicable after copying it.\nHowever, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement.\n(sec.199-ssec.1) An authorised officer may require a person to make available for inspection by an authorised officer, or to produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer— a document issued to the person under this Act or the Racing Act ; or a document required to be kept by the person under this Act or the Racing Act ; or if a document or information required to be kept by the person under this Act or the Racing Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.\n(sec.199-ssec.2) A requirement under subsection (1) is a document production requirement .\n(sec.199-ssec.3) For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.\n(sec.199-ssec.4) The authorised officer may keep the document to copy it.\n(sec.199-ssec.5) If the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.199-ssec.6) A requirement under subsection (5) is a document certification requirement .\n(sec.199-ssec.7) The authorised officer must return the document to the person as soon as practicable after copying it.\n(sec.199-ssec.8) However, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement.\n- (a) a document issued to the person under this Act or the Racing Act ; or\n- (b) a document required to be kept by the person under this Act or the Racing Act ; or\n- (c) if a document or information required to be kept by the person under this Act or the Racing Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.","sortOrder":255},{"sectionNumber":"sec.200","sectionType":"section","heading":"Offence to contravene document production requirement","content":"### sec.200 Offence to contravene document production requirement\n\nA person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nSee also section 210 .\ns 200 amd 2022 No. 24 s 14\n(sec.200-ssec.1) A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.200-ssec.2) It is a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See also section 210 .","sortOrder":256},{"sectionNumber":"sec.201","sectionType":"section","heading":"Offence to contravene document certification requirement","content":"### sec.201 Offence to contravene document certification requirement\n\nA person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nSee also section 210 .\ns 201 amd 2022 No. 24 s 15\n(sec.201-ssec.1) A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.201-ssec.2) It is a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See also section 210 .","sortOrder":257},{"sectionNumber":"sec.202","sectionType":"section","heading":"Power to require information","content":"### sec.202 Power to require information\n\nThis section applies if an authorised officer reasonably believes—\nan animal welfare offence, or another offence against this Act or the Racing Act , has been committed; and\na person may be able to give information about the offence.\nThe authorised officer may, by notice given to the person, require the person to give the authorised officer information related to the offence at a stated reasonable time and place.\nFor information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ninformation includes a document.\n(sec.202-ssec.1) This section applies if an authorised officer reasonably believes— an animal welfare offence, or another offence against this Act or the Racing Act , has been committed; and a person may be able to give information about the offence.\n(sec.202-ssec.2) The authorised officer may, by notice given to the person, require the person to give the authorised officer information related to the offence at a stated reasonable time and place.\n(sec.202-ssec.3) For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\n(sec.202-ssec.4) In this section— information includes a document.\n- (a) an animal welfare offence, or another offence against this Act or the Racing Act , has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":258},{"sectionNumber":"sec.203","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.203 Offence to contravene information requirement\n\nA person of whom a requirement is made under section 202 (2) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.\n(sec.203-ssec.1) A person of whom a requirement is made under section 202 (2) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.203-ssec.2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":259},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Miscellaneous provisions relating to authorised officers","content":"# Miscellaneous provisions relating to authorised officers","sortOrder":260},{"sectionNumber":"ch.5-pt.4-div.1","sectionType":"division","heading":"Damage","content":"## Damage","sortOrder":261},{"sectionNumber":"sec.204","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.204 Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, an authorised officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 206 .","sortOrder":262},{"sectionNumber":"sec.205","sectionType":"section","heading":"Notice of damage","content":"### sec.205 Notice of damage\n\nThis section applies if—\nan authorised officer damages something when exercising, or purporting to exercise, a power; or\na person (the assistant ) acting under the direction or authority of an authorised officer damages something.\nHowever, this section does not apply to damage the authorised officer reasonably considers is trivial or if the authorised officer reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe authorised officer must give notice of the damage to the person who appears to the authorised officer to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the authorised officer must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised officer’s functions.\nThe delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the authorised officer believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 206 .\n(sec.205-ssec.1) This section applies if— an authorised officer damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an authorised officer damages something.\n(sec.205-ssec.2) However, this section does not apply to damage the authorised officer reasonably considers is trivial or if the authorised officer reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.205-ssec.3) The authorised officer must give notice of the damage to the person who appears to the authorised officer to be an owner, or person in control, of the thing.\n(sec.205-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the authorised officer must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.205-ssec.5) The authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised officer’s functions.\n(sec.205-ssec.6) The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.205-ssec.7) If the authorised officer believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the notice.\n(sec.205-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 206 .\n- (a) an authorised officer damages something when exercising, or purporting to exercise, a power; or\n- (b) a person (the assistant ) acting under the direction or authority of an authorised officer damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 206 .","sortOrder":263},{"sectionNumber":"ch.5-pt.4-div.2","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":264},{"sectionNumber":"sec.206","sectionType":"section","heading":"Compensation","content":"### sec.206 Compensation\n\nA person may claim compensation from the commission if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised officer including a loss arising from compliance with a requirement made of the person under this chapter.\nHowever, subsection (1) does not include loss arising from a lawful forfeiture.\nSection 204 does not provide for a statutory right of compensation other than is provided by this section.\nIn this section—\nloss includes costs and damage.\n(sec.206-ssec.1) A person may claim compensation from the commission if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised officer including a loss arising from compliance with a requirement made of the person under this chapter.\n(sec.206-ssec.2) However, subsection (1) does not include loss arising from a lawful forfeiture.\n(sec.206-ssec.3) Section 204 does not provide for a statutory right of compensation other than is provided by this section.\n(sec.206-ssec.4) In this section— loss includes costs and damage.","sortOrder":265},{"sectionNumber":"ch.5-pt.4-div.3","sectionType":"division","heading":"Other offences relating to authorised officers","content":"## Other offences relating to authorised officers","sortOrder":266},{"sectionNumber":"sec.207","sectionType":"section","heading":"Giving authorised officer false or misleading information","content":"### sec.207 Giving authorised officer false or misleading information\n\nA person must not give an authorised officer information the person knows is false or misleading in a material particular.\nMaximum penalty—300 penalty units.\nSubsection (1) applies to information given whether or not the information was given in response to a specific power under this Act.\nSubsection (1) does not apply to a person if the person, when giving information in a document—\ntells the authorised officer, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.207-ssec.1) A person must not give an authorised officer information the person knows is false or misleading in a material particular. Maximum penalty—300 penalty units.\n(sec.207-ssec.2) Subsection (1) applies to information given whether or not the information was given in response to a specific power under this Act.\n(sec.207-ssec.3) Subsection (1) does not apply to a person if the person, when giving information in a document— tells the authorised officer, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the authorised officer, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":267},{"sectionNumber":"sec.208","sectionType":"section","heading":"Obstructing authorised officer","content":"### sec.208 Obstructing authorised officer\n\nA person must not obstruct an authorised officer exercising a power, or someone helping an authorised officer exercising a power, unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nIf a person has obstructed an authorised officer, or someone helping an authorised officer, and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe authorised officer considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\npower means a power under this Act.\n(sec.208-ssec.1) A person must not obstruct an authorised officer exercising a power, or someone helping an authorised officer exercising a power, unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.208-ssec.2) If a person has obstructed an authorised officer, or someone helping an authorised officer, and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the authorised officer considers the person’s conduct an obstruction.\n(sec.208-ssec.3) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct. power means a power under this Act.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the authorised officer considers the person’s conduct an obstruction.","sortOrder":268},{"sectionNumber":"sec.209","sectionType":"section","heading":"Impersonating authorised officer","content":"### sec.209 Impersonating authorised officer\n\nA person must not impersonate an authorised officer.\nMaximum penalty—250 penalty units.","sortOrder":269},{"sectionNumber":"ch.5-pt.4-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":270},{"sectionNumber":"sec.210","sectionType":"section","heading":"Evidential immunity for individuals complying with particular requirements","content":"### sec.210 Evidential immunity for individuals complying with particular requirements\n\nSubsection (2) applies if an individual gives or produces information or a document to an authorised officer under section 177 , 200 or 201 .\nEvidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\ns 210 amd 2022 No. 24 s 16\n(sec.210-ssec.1) Subsection (2) applies if an individual gives or produces information or a document to an authorised officer under section 177 , 200 or 201 .\n(sec.210-ssec.2) Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.","sortOrder":271},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":272},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Offences relating to administration of Act","content":"## Offences relating to administration of Act","sortOrder":273},{"sectionNumber":"sec.211","sectionType":"section","heading":"Definitions for division","content":"### sec.211 Definitions for division\n\nIn this division—\nAct document means—\nan approval, licence, identity card or other authority given under this Act; or\na document issued by or for a racing bookmaker evidencing a bet made with the racing bookmaker.\nbackground document means—\nan approved 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 application for a licence, approval application or approved form; or\nanother document obtained by the chief executive or the commission, relating to the person’s business reputation, character, criminal history, current financial position or financial background.\ns 211 def background document amd 2022 No. 24 s 17\nconfidential information , about a person, means information about—\nthe person’s business reputation, character, criminal history, current financial position or financial background; or\nthe person if the person is 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 211 def confidential information amd 2016 No. 62 s 356 (2)\nrepealed section means section 88 (2), 96 (4) or 97 (4) as in force before the commencement.\ns 211 def repealed section ins 2016 No. 62 s 356 (1)\n- (a) an approval, licence, identity card or other authority given under this Act; or\n- (b) a document issued by or for a racing bookmaker evidencing a bet made with the racing bookmaker.\n- (a) an approved 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 application for a licence, approval application or approved form; or\n- (c) another document obtained by the chief executive or the commission, relating to the person’s business reputation, character, criminal history, current financial position or financial background.\n- (a) the person’s business reputation, character, criminal history, current financial position or financial background; or\n- (b) the person if the person is 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":274},{"sectionNumber":"sec.212","sectionType":"section","heading":"Offence to disclose confidential information or copy background document","content":"### sec.212 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, unless the information or background information is criminal intelligence; 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.\nIn this section—\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.\ns 212 amd 2016 No. 62 s 357\n(sec.212-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.212-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.212-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, unless the information or background information is criminal intelligence; 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.212-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(sec.212-ssec.5) In this section— copy includes make a record. court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.\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, unless the information or background information is criminal intelligence; 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":275},{"sectionNumber":"sec.213","sectionType":"section","heading":"Forgery and uttering Act documents","content":"### sec.213 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.\nIf a person steals an authorised officer’s identity card, the person must not pretend to be the authorised officer identified in the card.\nA person must not pretend to be an authorised officer by telling someone else that the person is an authorised officer.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIn this section—\nforge includes counterfeit.\n(sec.213-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.213-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. If a person steals an authorised officer’s identity card, the person must not pretend to be the authorised officer identified in the card. A person must not pretend to be an authorised officer by telling someone else that the person is an authorised officer. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.213-ssec.3) In this section— forge includes counterfeit.\n- (a) forge an Act document; or\n- (b) knowingly utter an Act document that is forged.\n- 1 If a person steals an authorised officer’s identity card, the person must not pretend to be the authorised officer identified in the card.\n- 2 A person must not pretend to be an authorised officer by telling someone else that the person is an authorised officer.","sortOrder":276},{"sectionNumber":"sec.214","sectionType":"section","heading":"Making a false statement in application or other document","content":"### sec.214 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, the commission or another person, under this Act.\nMaximum penalty—200 penalty units or 2 years imprisonment.\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, the commission or another person, under this Act.","sortOrder":277},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Offences relating to racing contingencies","content":"## Offences relating to racing contingencies","sortOrder":278},{"sectionNumber":"sec.215","sectionType":"section","heading":"Person must not conduct a racing contingency","content":"### sec.215 Person must not conduct a racing contingency\n\nA person must not conduct a racing contingency.\nMaximum penalty—200 penalty units.\nAn occupier of a place must not allow a person to conduct a racing contingency at the place.\nMaximum penalty—200 penalty units.\nIn this section—\nconduct , in relation to a racing contingency, includes—\nto arrange for a place to be used for the racing contingency; and\nto advertise or otherwise promote the racing contingency and seek nominations for animals to race; and\nto arrange for persons to carry on bookmaking at the racing contingency; and\nto participate in the racing contingency other than merely by being present at the place where the racing contingency is being, or is about to be, held; and\nto help in any of the activities mentioned in paragraphs (a) to (d) .\nracing contingency means a contest, contingency or event, other than a lawfully held race meeting, in which 2 or more animals compete against each other for the purpose of providing a contest, contingency or event on which bets are made.\n(sec.215-ssec.1) A person must not conduct a racing contingency. Maximum penalty—200 penalty units.\n(sec.215-ssec.2) An occupier of a place must not allow a person to conduct a racing contingency at the place. Maximum penalty—200 penalty units.\n(sec.215-ssec.3) In this section— conduct , in relation to a racing contingency, includes— to arrange for a place to be used for the racing contingency; and to advertise or otherwise promote the racing contingency and seek nominations for animals to race; and to arrange for persons to carry on bookmaking at the racing contingency; and to participate in the racing contingency other than merely by being present at the place where the racing contingency is being, or is about to be, held; and to help in any of the activities mentioned in paragraphs (a) to (d) . racing contingency means a contest, contingency or event, other than a lawfully held race meeting, in which 2 or more animals compete against each other for the purpose of providing a contest, contingency or event on which bets are made.\n- (a) to arrange for a place to be used for the racing contingency; and\n- (b) to advertise or otherwise promote the racing contingency and seek nominations for animals to race; and\n- (c) to arrange for persons to carry on bookmaking at the racing contingency; and\n- (d) to participate in the racing contingency other than merely by being present at the place where the racing contingency is being, or is about to be, held; and\n- (e) to help in any of the activities mentioned in paragraphs (a) to (d) .","sortOrder":279},{"sectionNumber":"ch.6-pt.1-div.3","sectionType":"division","heading":"Offences relating to prohibited things or interfering with licensed animals, persons or things","content":"## Offences relating to prohibited things or interfering with licensed animals, persons or things","sortOrder":280},{"sectionNumber":"sec.216","sectionType":"section","heading":"Definitions for division","content":"### sec.216 Definitions for division\n\nIn this division—\ninterfere with , in relation to a licensed animal, licence holder or an official of the commission or a control body, means—\ninflict or cause injury to the licensed animal, licence holder or official; or\nthreaten to inflict or cause injury to the licensed animal, licence holder or official; or\notherwise affect in a detrimental way the behaviour, performance or physical condition of the licensed animal, licence holder or official.\nprohibited thing means any of the following—\na drug;\na noxious or toxic thing that could be used to affect the behaviour, performance or physical condition of an animal or person;\na thing that does, or is designed to do, any of the following and may be used on a licensed animal in a detrimental way—\nsupply electrical energy or another form of energy;\nconduct, discharge or store an electrical charge, current, voltage or another form of energy;\napply, deposit, propel or spray a substance;\na hypodermic syringe or needle or other medical or veterinary instrument.\nuse , a prohibited thing on a licensed animal, means—\nto use it on, or administer it to, the animal; or\nto cause it to be used on, or administered to, the animal.\n- (a) inflict or cause injury to the licensed animal, licence holder or official; or\n- (b) threaten to inflict or cause injury to the licensed animal, licence holder or official; or\n- (c) otherwise affect in a detrimental way the behaviour, performance or physical condition of the licensed animal, licence holder or official.\n- (a) a drug;\n- (b) a noxious or toxic thing that could be used to affect the behaviour, performance or physical condition of an animal or person;\n- (c) a thing that does, or is designed to do, any of the following and may be used on a licensed animal in a detrimental way— (i) supply electrical energy or another form of energy; (ii) conduct, discharge or store an electrical charge, current, voltage or another form of energy; (iii) apply, deposit, propel or spray a substance;\n- (i) supply electrical energy or another form of energy;\n- (ii) conduct, discharge or store an electrical charge, current, voltage or another form of energy;\n- (iii) apply, deposit, propel or spray a substance;\n- (d) a hypodermic syringe or needle or other medical or veterinary instrument.\n- (i) supply electrical energy or another form of energy;\n- (ii) conduct, discharge or store an electrical charge, current, voltage or another form of energy;\n- (iii) apply, deposit, propel or spray a substance;\n- (a) to use it on, or administer it to, the animal; or\n- (b) to cause it to be used on, or administered to, the animal.","sortOrder":281},{"sectionNumber":"sec.217","sectionType":"section","heading":"Person must not possess prohibited thing at particular places","content":"### sec.217 Person must not possess prohibited thing at particular places\n\nA person must not possess a prohibited thing at any of the following places unless the person has a reasonable excuse—\na licensed venue;\na place where a trial is held or to be held;\na place used for the purpose of training a licensed animal;\na kennel, stable or other place used for sheltering a licensed animal;\nin or about a vehicle being, or about to be, used to transport a licensed animal;\nanother place where a licensed animal is located.\nMaximum penalty—400 penalty units or 2 years imprisonment.\nIn this section—\npossess , a prohibited thing, means—\nhave custody of the thing; or\nhave control of it at any place, whether or not someone else has custody of it.\n(sec.217-ssec.1) A person must not possess a prohibited thing at any of the following places unless the person has a reasonable excuse— a licensed venue; a place where a trial is held or to be held; a place used for the purpose of training a licensed animal; a kennel, stable or other place used for sheltering a licensed animal; in or about a vehicle being, or about to be, used to transport a licensed animal; another place where a licensed animal is located. Maximum penalty—400 penalty units or 2 years imprisonment.\n(sec.217-ssec.2) In this section— possess , a prohibited thing, means— have custody of the thing; or have control of it at any place, whether or not someone else has custody of it.\n- (a) a licensed venue;\n- (b) a place where a trial is held or to be held;\n- (c) a place used for the purpose of training a licensed animal;\n- (d) a kennel, stable or other place used for sheltering a licensed animal;\n- (e) in or about a vehicle being, or about to be, used to transport a licensed animal;\n- (f) another place where a licensed animal is located.\n- (a) have custody of the thing; or\n- (b) have control of it at any place, whether or not someone else has custody of it.","sortOrder":282},{"sectionNumber":"sec.218","sectionType":"section","heading":"Person must not use prohibited thing on, or interfere with, a licensed animal","content":"### sec.218 Person must not use prohibited thing on, or interfere with, a licensed animal\n\nA person must not, unless the person has a reasonable excuse—\nuse a prohibited thing on a licensed animal; or\ninterfere with a licensed animal.\nMaximum penalty—600 penalty units or 2 years imprisonment.\nFor a veterinary surgeon, it is a reasonable excuse to use a prohibited thing on, or interfere with, a licensed animal—\nto treat a condition or injury of the animal; or\nto do something else that accords with normal veterinary practice.\n(sec.218-ssec.1) A person must not, unless the person has a reasonable excuse— use a prohibited thing on a licensed animal; or interfere with a licensed animal. Maximum penalty—600 penalty units or 2 years imprisonment.\n(sec.218-ssec.2) For a veterinary surgeon, it is a reasonable excuse to use a prohibited thing on, or interfere with, a licensed animal— to treat a condition or injury of the animal; or to do something else that accords with normal veterinary practice.\n- (a) use a prohibited thing on a licensed animal; or\n- (b) interfere with a licensed animal.\n- (a) to treat a condition or injury of the animal; or\n- (b) to do something else that accords with normal veterinary practice.","sortOrder":283},{"sectionNumber":"sec.219","sectionType":"section","heading":"Person must not interfere with licence holder or official of the commission","content":"### sec.219 Person must not interfere with licence holder or official of the commission\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 the commission performing a function or exercising a power under this Act.\nMaximum penalty—400 penalty units or 2 years imprisonment.\n(sec.219-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.219-ssec.2) A person must not, unless the person has a reasonable excuse, interfere with an official of the commission performing a function or exercising a power under this Act. Maximum penalty—400 penalty units or 2 years imprisonment.","sortOrder":284},{"sectionNumber":"ch.6-pt.1-div.4","sectionType":"division","heading":"Unlawful bookmaking, places where betting done unlawfully and other provisions","content":"## Unlawful bookmaking, places where betting done unlawfully and other provisions","sortOrder":285},{"sectionNumber":"sec.220","sectionType":"section","heading":"Application of division","content":"### sec.220 Application of division\n\nThis division does not apply in relation to—\nwagering lawfully conducted under the Wagering Act 1998 ; or\nbetting by and with any 1 of the following persons as part of the person lawfully carrying on bookmaking, or conducting a racing bookmaker’s business, at a licensed venue—\na racing bookmaker;\nif a racing bookmaker is a corporation—a licensed executive officer of the corporation;\na racing bookmaker’s clerk.\nThis division is in addition to, and does not limit, any of the following Acts—\nthe Charitable and Non-Profit Gaming Act 1999 ;\nthe Criminal Code ;\nthe Wagering Act 1998 .\n(sec.220-ssec.1) This division does not apply in relation to— wagering lawfully conducted under the Wagering Act 1998 ; or betting by and with any 1 of the following persons as part of the person lawfully carrying on bookmaking, or conducting a racing bookmaker’s business, at a licensed venue— a racing bookmaker; if a racing bookmaker is a corporation—a licensed executive officer of the corporation; a racing bookmaker’s clerk.\n(sec.220-ssec.2) This division is in addition to, and does not limit, any of the following Acts— the Charitable and Non-Profit Gaming Act 1999 ; the Criminal Code ; the Wagering Act 1998 .\n- (a) wagering lawfully conducted under the Wagering Act 1998 ; or\n- (b) betting by and with any 1 of the following persons as part of the person lawfully carrying on bookmaking, or conducting a racing bookmaker’s business, at a licensed venue— (i) a racing bookmaker; (ii) if a racing bookmaker is a corporation—a licensed executive officer of the corporation; (iii) a racing bookmaker’s clerk.\n- (i) a racing bookmaker;\n- (ii) if a racing bookmaker is a corporation—a licensed executive officer of the corporation;\n- (iii) a racing bookmaker’s clerk.\n- (i) a racing bookmaker;\n- (ii) if a racing bookmaker is a corporation—a licensed executive officer of the corporation;\n- (iii) a racing bookmaker’s clerk.\n- (a) the Charitable and Non-Profit Gaming Act 1999 ;\n- (b) the Criminal Code ;\n- (c) the Wagering Act 1998 .","sortOrder":286},{"sectionNumber":"sec.221","sectionType":"section","heading":"Unlawful bookmaking other than by racing bookmakers etc.","content":"### sec.221 Unlawful bookmaking other than by racing bookmakers etc.\n\nA person must not carry on bookmaking unless the person is 1 of the following and lawfully carrying on bookmaking under the relevant racing bookmaker’s licence—\na racing bookmaker;\nif a racing bookmaker is a corporation—a licensed executive officer of the corporation;\na racing bookmaker’s clerk who carries on bookmaking as part of conducting the racing bookmaker’s business.\n- (a) a racing bookmaker;\n- (b) if a racing bookmaker is a corporation—a licensed executive officer of the corporation;\n- (c) a racing bookmaker’s clerk who carries on bookmaking as part of conducting the racing bookmaker’s business.","sortOrder":287},{"sectionNumber":"sec.222","sectionType":"section","heading":"Illegal betting place","content":"### sec.222 Illegal betting place\n\nSubject to subsection (2) , a place is an illegal betting place if the place is opened, kept or used, wholly or partly, for 1 or more of the following—\nbookmaking by the occupier of the place with someone else;\nreceiving money or other property by or for the occupier of the place as or for consideration for—\nany assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency; or\nsecuring the paying or giving by someone else of money or other property in relation to a race or sporting contingency;\nthe payment or settlement of a bet made in relation to a race or sporting contingency.\nA place is not an illegal betting place for an activity mentioned in subsection (1) if—\nthe place is a licensed venue and the activity takes place when—\na control body for a race meeting held at the venue is managing the venue; and\nthe commission is exercising control at the venue; or\nthe place may be lawfully used under another Act for the activity.\nThis section does not limit section 140 .\n(sec.222-ssec.1) Subject to subsection (2) , a place is an illegal betting place if the place is opened, kept or used, wholly or partly, for 1 or more of the following— bookmaking by the occupier of the place with someone else; receiving money or other property by or for the occupier of the place as or for consideration for— any assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency; or securing the paying or giving by someone else of money or other property in relation to a race or sporting contingency; the payment or settlement of a bet made in relation to a race or sporting contingency.\n(sec.222-ssec.2) A place is not an illegal betting place for an activity mentioned in subsection (1) if— the place is a licensed venue and the activity takes place when— a control body for a race meeting held at the venue is managing the venue; and the commission is exercising control at the venue; or the place may be lawfully used under another Act for the activity.\n(sec.222-ssec.3) This section does not limit section 140 .\n- (a) bookmaking by the occupier of the place with someone else;\n- (b) receiving money or other property by or for the occupier of the place as or for consideration for— (i) any assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency; or (ii) securing the paying or giving by someone else of money or other property in relation to a race or sporting contingency;\n- (i) any assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency; or\n- (ii) securing the paying or giving by someone else of money or other property in relation to a race or sporting contingency;\n- (c) the payment or settlement of a bet made in relation to a race or sporting contingency.\n- (i) any assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency; or\n- (ii) securing the paying or giving by someone else of money or other property in relation to a race or sporting contingency;\n- (a) the place is a licensed venue and the activity takes place when— (i) a control body for a race meeting held at the venue is managing the venue; and (ii) the commission is exercising control at the venue; or\n- (i) a control body for a race meeting held at the venue is managing the venue; and\n- (ii) the commission is exercising control at the venue; or\n- (b) the place may be lawfully used under another Act for the activity.\n- (i) a control body for a race meeting held at the venue is managing the venue; and\n- (ii) the commission is exercising control at the venue; or","sortOrder":288},{"sectionNumber":"sec.223","sectionType":"section","heading":"Prohibition on opening, keeping, using or promoting an illegal betting place","content":"### sec.223 Prohibition on opening, keeping, using or promoting an illegal betting place\n\nA person must not—\nopen, keep or use an illegal betting place; or\nallow a place, of which the person is the occupier, to be opened, kept or used as an illegal betting place, whether the occupier is or is not present at the time the place is opened, kept or used as an illegal betting place; or\nhelp, in any way, in operating an illegal betting place; or\nA person, or an occupier of a place, may invite someone else to use a service or facility at the illegal betting place.\nadvertise by any means, including electronically, that a place is opened, kept or used, wholly or partly for betting on a race or sporting contingency in Queensland or elsewhere, if that place is an illegal betting place.\nSubsection (3) applies to each of the following persons—\na person who is an occupier of an illegal betting place;\na person who is acting for an occupier of an illegal betting place;\na person who is in any way helping in operating an illegal betting place.\nThe person must not, directly or indirectly, receive money or other property—\nas a bet on a race or sporting contingency; or\nas a deposit on a bet on condition of paying or giving money or other property in relation to a race or sporting contingency; or\nas or for consideration for an assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency.\nA person must not give an acknowledgement on the receipt of money or other property, received in a way and for a purpose specified in subsection (3) , purporting or intended to entitle the bearer or another person to receive money or other property in relation to a race or sporting contingency.\n(sec.223-ssec.1) A person must not— open, keep or use an illegal betting place; or allow a place, of which the person is the occupier, to be opened, kept or used as an illegal betting place, whether the occupier is or is not present at the time the place is opened, kept or used as an illegal betting place; or help, in any way, in operating an illegal betting place; or A person, or an occupier of a place, may invite someone else to use a service or facility at the illegal betting place. advertise by any means, including electronically, that a place is opened, kept or used, wholly or partly for betting on a race or sporting contingency in Queensland or elsewhere, if that place is an illegal betting place.\n(sec.223-ssec.2) Subsection (3) applies to each of the following persons— a person who is an occupier of an illegal betting place; a person who is acting for an occupier of an illegal betting place; a person who is in any way helping in operating an illegal betting place.\n(sec.223-ssec.3) The person must not, directly or indirectly, receive money or other property— as a bet on a race or sporting contingency; or as a deposit on a bet on condition of paying or giving money or other property in relation to a race or sporting contingency; or as or for consideration for an assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency.\n(sec.223-ssec.4) A person must not give an acknowledgement on the receipt of money or other property, received in a way and for a purpose specified in subsection (3) , purporting or intended to entitle the bearer or another person to receive money or other property in relation to a race or sporting contingency.\n- (a) open, keep or use an illegal betting place; or\n- (b) allow a place, of which the person is the occupier, to be opened, kept or used as an illegal betting place, whether the occupier is or is not present at the time the place is opened, kept or used as an illegal betting place; or\n- (c) help, in any way, in operating an illegal betting place; or Example for paragraph (c) — A person, or an occupier of a place, may invite someone else to use a service or facility at the illegal betting place.\n- (d) advertise by any means, including electronically, that a place is opened, kept or used, wholly or partly for betting on a race or sporting contingency in Queensland or elsewhere, if that place is an illegal betting place.\n- (a) a person who is an occupier of an illegal betting place;\n- (b) a person who is acting for an occupier of an illegal betting place;\n- (c) a person who is in any way helping in operating an illegal betting place.\n- (a) as a bet on a race or sporting contingency; or\n- (b) as a deposit on a bet on condition of paying or giving money or other property in relation to a race or sporting contingency; or\n- (c) as or for consideration for an assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency.","sortOrder":289},{"sectionNumber":"sec.224","sectionType":"section","heading":"Contravention of s 221 or 223","content":"### sec.224 Contravention of s 221 or 223\n\nThis section applies to a person who contravenes section 221 or 223 (a relevant section ).\nThe person is liable to—\nfor a first offence—a maximum penalty of 600 penalty units or 1 year’s imprisonment; or\nfor a second offence—a maximum penalty of 1,200 penalty units or 2 years imprisonment; or\nfor a third or subsequent offence—a maximum penalty of 4,000 penalty units or 5 years imprisonment.\nA person is liable for the penalty under this section—\nfor a second offence—if the person has been convicted of a single offence against a relevant section or a repealed provision; or\nfor a third or subsequent offence—if the person has been convicted of 2 or more offences against a relevant section or a repealed provision.\nIn this section—\nrepealed provision means—\nthe Racing Act , repealed section 321 or 323 ; or\nthe repealed Racing and Betting Act 1980 , section 214 , 216 or 217 .\n(sec.224-ssec.1) This section applies to a person who contravenes section 221 or 223 (a relevant section ).\n(sec.224-ssec.2) The person is liable to— for a first offence—a maximum penalty of 600 penalty units or 1 year’s imprisonment; or for a second offence—a maximum penalty of 1,200 penalty units or 2 years imprisonment; or for a third or subsequent offence—a maximum penalty of 4,000 penalty units or 5 years imprisonment.\n(sec.224-ssec.3) A person is liable for the penalty under this section— for a second offence—if the person has been convicted of a single offence against a relevant section or a repealed provision; or for a third or subsequent offence—if the person has been convicted of 2 or more offences against a relevant section or a repealed provision.\n(sec.224-ssec.4) In this section— repealed provision means— the Racing Act , repealed section 321 or 323 ; or the repealed Racing and Betting Act 1980 , section 214 , 216 or 217 .\n- (a) for a first offence—a maximum penalty of 600 penalty units or 1 year’s imprisonment; or\n- (b) for a second offence—a maximum penalty of 1,200 penalty units or 2 years imprisonment; or\n- (c) for a third or subsequent offence—a maximum penalty of 4,000 penalty units or 5 years imprisonment.\n- (a) for a second offence—if the person has been convicted of a single offence against a relevant section or a repealed provision; or\n- (b) for a third or subsequent offence—if the person has been convicted of 2 or more offences against a relevant section or a repealed provision.\n- (a) the Racing Act , repealed section 321 or 323 ; or\n- (b) the repealed Racing and Betting Act 1980 , section 214 , 216 or 217 .","sortOrder":290},{"sectionNumber":"sec.225","sectionType":"section","heading":"Using an illegal betting place","content":"### sec.225 Using an illegal betting place\n\nA person must not in any way use a service or facility at an illegal betting place, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":291},{"sectionNumber":"sec.226","sectionType":"section","heading":"Prohibition of betting at public place","content":"### sec.226 Prohibition of betting at public place\n\nA person must not bet at a public place unless the betting is lawfully conducted under this Act or another Act.\nMaximum penalty—100 penalty units.","sortOrder":292},{"sectionNumber":"ch.6-pt.1-div.5","sectionType":"division","heading":"Attempts","content":"## Attempts","sortOrder":293},{"sectionNumber":"sec.227","sectionType":"section","heading":"Attempt to commit offence","content":"### sec.227 Attempt to commit offence\n\nA person who attempts to commit an animal welfare offence or an offence against this Act commits an offence and, on conviction, is liable to the same penalty as if the person had committed the offence.\nThe Criminal Code , section 4 applies to subsection (1) .\nA person may be convicted of attempting to commit an animal welfare offence or an offence against this Act on a complaint or indictment charging the person with the offence.\nSee also the Racing Act , section 154 .\ns 227 amd 2002 No. 58 s 170 sch 2\n(sec.227-ssec.1) A person who attempts to commit an animal welfare offence or an offence against this Act commits an offence and, on conviction, is liable to the same penalty as if the person had committed the offence.\n(sec.227-ssec.2) The Criminal Code , section 4 applies to subsection (1) .\n(sec.227-ssec.3) A person may be convicted of attempting to commit an animal welfare offence or an offence against this Act on a complaint or indictment charging the person with the offence. See also the Racing Act , section 154 .","sortOrder":294},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Evidentiary and legal proceedings","content":"# Evidentiary and legal proceedings","sortOrder":295},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":296},{"sectionNumber":"sec.228","sectionType":"section","heading":"Application of division","content":"### sec.228 Application of division\n\nThis division applies to a proceeding under this Act.","sortOrder":297},{"sectionNumber":"sec.229","sectionType":"section","heading":"Appointments and authority","content":"### sec.229 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 commissioner, a deputy commissioner or an authorised officer;\nthe power of the chief executive or a person mentioned in paragraph (a) to do anything under this Act.\n- (a) the appointment of the commissioner, a deputy commissioner or an authorised officer;\n- (b) the power of the chief executive or a person mentioned in paragraph (a) to do anything under this Act.","sortOrder":298},{"sectionNumber":"sec.230","sectionType":"section","heading":"Evidentiary aids","content":"### sec.230 Evidentiary aids\n\nA certificate purporting to be signed by the chief executive or the commissioner stating any of the following matters is evidence of the matter—\na stated document is a decision, direction or notice under this Act;\na stated thing is a thing that must or may be included in a register kept under this Act;\nthat a stated document is a document kept under this Act;\nthat a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\nthat on a stated day—\na stated person was given a stated decision, direction or notice under this Act; or\na stated person was the holder of a stated licence or approval; or\na stated direction or requirement under this Act was given to or made of a stated person.\nA document purporting to be signed by a steward who was in charge of a race meeting held by a licensed club and stating any of the following matters is evidence of the matter—\non a stated day, or at a stated place, a race meeting was held or allotted to be held by the club;\na stated animal competed in, or had been entered to compete in, a race at the race meeting;\nthe times when, under a direction given by the steward, betting with racing bookmakers could take place at the race meeting.\n(sec.230-ssec.1) A certificate purporting to be signed by the chief executive or the commissioner stating any of the following matters is evidence of the matter— a stated document is a decision, direction or notice under this Act; a stated thing is a thing that must or may be included in a register kept under this Act; that a stated document is a document kept under this Act; that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ; that on a stated day— a stated person was given a stated decision, direction or notice under this Act; or a stated person was the holder of a stated licence or approval; or a stated direction or requirement under this Act was given to or made of a stated person.\n(sec.230-ssec.2) A document purporting to be signed by a steward who was in charge of a race meeting held by a licensed club and stating any of the following matters is evidence of the matter— on a stated day, or at a stated place, a race meeting was held or allotted to be held by the club; a stated animal competed in, or had been entered to compete in, a race at the race meeting; the times when, under a direction given by the steward, betting with racing bookmakers could take place at the race meeting.\n- (a) a stated document is a decision, direction or notice under this Act;\n- (b) a stated thing is a thing that must or may be included in a register kept under this Act;\n- (c) that a stated document is a document kept under this Act;\n- (d) that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\n- (e) that on a stated day— (i) a stated person was given a stated decision, direction or notice under this Act; or (ii) a stated person was the holder of a stated licence or approval; or (iii) a stated direction or requirement under this Act was given to or made of a stated person.\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated person was the holder of a stated licence or approval; or\n- (iii) a stated direction or requirement under this Act was given to or made of a stated person.\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated person was the holder of a stated licence or approval; or\n- (iii) a stated direction or requirement under this Act was given to or made of a stated person.\n- (a) on a stated day, or at a stated place, a race meeting was held or allotted to be held by the club;\n- (b) a stated animal competed in, or had been entered to compete in, a race at the race meeting;\n- (c) the times when, under a direction given by the steward, betting with racing bookmakers could take place at the race meeting.","sortOrder":299},{"sectionNumber":"sec.231","sectionType":"section","heading":"Other evidentiary provisions","content":"### sec.231 Other evidentiary provisions\n\nIn support of an allegation in a complaint or indictment about either of the following relating to a place, until the contrary is proved, it is sufficient to prove a bet was made or settled with, or paid to, a person at that place—\nthat the place stated in the complaint or indictment is an illegal betting place;\nthat a person is conducting bookmaking at the place stated in the complaint or indictment.\nA statement in a complaint or indictment of 1 or more of the following matters is evidence, for this Act, of the matter or matters—\na place was a public place at a stated time;\na particular person was, at a stated time, an occupier of a stated place;\na particular person was, at a stated time, a member of or holder of an office in the committee of a stated licensed club or other stated association;\non a stated day a race meeting was held, or allotted to be held, at a stated place;\nan animal known by a stated name competed in, or had been entered to compete in, a race meeting on a stated day.\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.\ns 231 amd 2022 No. 24 s 18\n(sec.231-ssec.1) In support of an allegation in a complaint or indictment about either of the following relating to a place, until the contrary is proved, it is sufficient to prove a bet was made or settled with, or paid to, a person at that place— that the place stated in the complaint or indictment is an illegal betting place; that a person is conducting bookmaking at the place stated in the complaint or indictment.\n(sec.231-ssec.2) A statement in a complaint or indictment of 1 or more of the following matters is evidence, for this Act, of the matter or matters— a place was a public place at a stated time; a particular person was, at a stated time, an occupier of a stated place; a particular person was, at a stated time, a member of or holder of an office in the committee of a stated licensed club or other stated association; on a stated day a race meeting was held, or allotted to be held, at a stated place; an animal known by a stated name competed in, or had been entered to compete in, a race meeting on a stated day.\n(sec.231-ssec.3) A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.\n- (a) that the place stated in the complaint or indictment is an illegal betting place;\n- (b) that a person is conducting bookmaking at the place stated in the complaint or indictment.\n- (a) a place was a public place at a stated time;\n- (b) a particular person was, at a stated time, an occupier of a stated place;\n- (c) a particular person was, at a stated time, a member of or holder of an office in the committee of a stated licensed club or other stated association;\n- (d) on a stated day a race meeting was held, or allotted to be held, at a stated place;\n- (e) an animal known by a stated name competed in, or had been entered to compete in, a race meeting on a stated day.","sortOrder":300},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":301},{"sectionNumber":"sec.232","sectionType":"section","heading":"Types of offences","content":"### sec.232 Types of offences\n\nSubject to subsection (2) , an offence against this Act is a simple offence.\nAn offence against section 221 or 223 is an indictable offence that is a misdemeanour.\n(sec.232-ssec.1) Subject to subsection (2) , an offence against this Act is a simple offence.\n(sec.232-ssec.2) An offence against section 221 or 223 is an indictable offence that is a misdemeanour.","sortOrder":302},{"sectionNumber":"sec.233","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.233 Proceedings for indictable offences\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\nany plea of the person charged, made at the start of the proceeding, must be disregarded; and\nany 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\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n(sec.233-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.233-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.233-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and any plea of the person charged, made at the start of the proceeding, must be disregarded; and any 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 under 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) any plea of the person charged, made at the start of the proceeding, must be disregarded; and\n- (c) any 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 under the Justices Act 1886 , section 104 (2) (b) .","sortOrder":303},{"sectionNumber":"sec.234","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence","content":"### sec.234 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 .\n(sec.234-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.234-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":304},{"sectionNumber":"sec.235","sectionType":"section","heading":"Proceedings for simple offences","content":"### sec.235 Proceedings for simple offences\n\nA proceeding for a simple offence against this Act by way of summary proceeding under the Justices Act 1886 must start within the later of the following—\nwithin 1 year after the offence is committed;\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) within 1 year after the offence is committed;\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":305},{"sectionNumber":"sec.236","sectionType":"section","heading":"When convictions for offences not receivable in evidence","content":"### sec.236 When convictions for offences not receivable in evidence\n\nA conviction for an offence against this Act, the Racing Act or the repealed Racing and Betting Act 1980 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.","sortOrder":306},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Remedies","content":"## Remedies","sortOrder":307},{"sectionNumber":"sec.237","sectionType":"section","heading":"Recovery of seizure, compliance or destruction costs","content":"### sec.237 Recovery of seizure, compliance or destruction costs\n\nThis section applies if the commission has incurred a cost for an authorised officer to do 1 or more of the following acts in relation to an animal—\nif the animal has, under chapter 5 , part 3 , division 3 been seized—\ntaking possession of, or moving, the animal; or\ntaking action to restrict access to the animal; or\nproviding the animal with accommodation, food, rest, water or other living conditions; or\narranging for the animal to receive veterinary or other treatment;\nif an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with;\nif the animal has been destroyed under section 196 —destroying it.\nThe commission may recover the cost from the animal’s owner or former owner if incurring the cost was necessary and reasonable—\nin the interests of the animal’s welfare or to destroy it; or\nif the animal has been destroyed under section 196 —for the destruction.\nHowever, if a cost mentioned in subsection (1) (a) (iii) or (iv) was for a period during which the animal was retained on the grounds mentioned in section 186 (5) (b) , it may be recovered only if the animal’s retention was reasonably required as evidence.\n(sec.237-ssec.1) This section applies if the commission has incurred a cost for an authorised officer to do 1 or more of the following acts in relation to an animal— if the animal has, under chapter 5 , part 3 , division 3 been seized— taking possession of, or moving, the animal; or taking action to restrict access to the animal; or providing the animal with accommodation, food, rest, water or other living conditions; or arranging for the animal to receive veterinary or other treatment; if an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with; if the animal has been destroyed under section 196 —destroying it.\n(sec.237-ssec.2) The commission may recover the cost from the animal’s owner or former owner if incurring the cost was necessary and reasonable— in the interests of the animal’s welfare or to destroy it; or if the animal has been destroyed under section 196 —for the destruction.\n(sec.237-ssec.3) However, if a cost mentioned in subsection (1) (a) (iii) or (iv) was for a period during which the animal was retained on the grounds mentioned in section 186 (5) (b) , it may be recovered only if the animal’s retention was reasonably required as evidence.\n- (a) if the animal has, under chapter 5 , part 3 , division 3 been seized— (i) taking possession of, or moving, the animal; or (ii) taking action to restrict access to the animal; or (iii) providing the animal with accommodation, food, rest, water or other living conditions; or (iv) arranging for the animal to receive veterinary or other treatment;\n- (i) taking possession of, or moving, the animal; or\n- (ii) taking action to restrict access to the animal; or\n- (iii) providing the animal with accommodation, food, rest, water or other living conditions; or\n- (iv) arranging for the animal to receive veterinary or other treatment;\n- (b) if an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with;\n- (c) if the animal has been destroyed under section 196 —destroying it.\n- (i) taking possession of, or moving, the animal; or\n- (ii) taking action to restrict access to the animal; or\n- (iii) providing the animal with accommodation, food, rest, water or other living conditions; or\n- (iv) arranging for the animal to receive veterinary or other treatment;\n- (a) in the interests of the animal’s welfare or to destroy it; or\n- (b) if the animal has been destroyed under section 196 —for the destruction.","sortOrder":308},{"sectionNumber":"sec.238","sectionType":"section","heading":"Compensation because of animal welfare offence","content":"### sec.238 Compensation because of animal welfare offence\n\nA court may order a person convicted of an animal welfare offence to—\npay compensation to a person who, because of the commission of the offence, has—\nsuffered damage or loss to property; or\nincurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or\npay a person an amount for costs incurred by the person in—\ntaking possession of, or moving, the animal; or\nproviding it with accommodation, food, rest, water or other living conditions; or\narranging for it to receive veterinary or other treatment.\nHowever, an order under subsection (1) can not be made in favour of the commission.\n(sec.238-ssec.1) A court may order a person convicted of an animal welfare offence to— pay compensation to a person who, because of the commission of the offence, has— suffered damage or loss to property; or incurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or pay a person an amount for costs incurred by the person in— taking possession of, or moving, the animal; or providing it with accommodation, food, rest, water or other living conditions; or arranging for it to receive veterinary or other treatment.\n(sec.238-ssec.2) However, an order under subsection (1) can not be made in favour of the commission.\n- (a) pay compensation to a person who, because of the commission of the offence, has— (i) suffered damage or loss to property; or (ii) incurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or\n- (i) suffered damage or loss to property; or\n- (ii) incurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or\n- (b) pay a person an amount for costs incurred by the person in— (i) taking possession of, or moving, the animal; or (ii) providing it with accommodation, food, rest, water or other living conditions; or (iii) arranging for it to receive veterinary or other treatment.\n- (i) taking possession of, or moving, the animal; or\n- (ii) providing it with accommodation, food, rest, water or other living conditions; or\n- (iii) arranging for it to receive veterinary or other treatment.\n- (i) suffered damage or loss to property; or\n- (ii) incurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or\n- (i) taking possession of, or moving, the animal; or\n- (ii) providing it with accommodation, food, rest, water or other living conditions; or\n- (iii) arranging for it to receive veterinary or other treatment.","sortOrder":309},{"sectionNumber":"sec.239","sectionType":"section","heading":"General provisions for orders about compensation or costs","content":"### sec.239 General provisions for orders about compensation or costs\n\nCompensation or costs that may be recovered under section 206 or this division may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged animal welfare offence, or another alleged offence against this Act or the Racing Act , the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.239-ssec.1) Compensation or costs that may be recovered under section 206 or this division may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged animal welfare offence, or another alleged offence against this Act or the Racing Act , the investigation of which gave rise to the claim for compensation.\n(sec.239-ssec.2) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.239-ssec.3) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\n(sec.239-ssec.4) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged animal welfare offence, or another alleged offence against this Act or the Racing Act , the investigation of which gave rise to the claim for compensation.","sortOrder":310},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Reviews and appeals of particular decisions","content":"# Reviews and appeals of particular decisions","sortOrder":311},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":312},{"sectionNumber":"sec.240","sectionType":"section","heading":"What is an original decision","content":"### sec.240 What is an original decision\n\nAn original decision is a decision to do any of the following—\nrefuse to grant or renew a licence;\ntake disciplinary action relating to a licence;\ncensure the holder of a licence;\ntake an exclusion action against a person;\nimpose a monetary penalty on a person;\nimpose any other non-monetary penalty on a person;\nseize, under this Act or a warrant, an animal or other thing, unless the seizure was in a circumstance mentioned in section 184 (1) (a) or (b) ;\nforfeit, under section 187 (1) , an animal or other thing;\ngive an animal welfare direction;\nanother decision prescribed by regulation.\nHowever, the following decisions are not original decisions—\na decision relating to the eligibility of an animal to race or the conditions under which an animal can race;\nthe commission’s decision requiring an animal to pass a stated examination or test before being allowed to race\na decision cancelling or suspending a licence for an animal, unless the cancellation or suspension relates to—\na decision to take disciplinary action relating to the licence of a licence holder; or\na decision to take an exclusion action, under the control body’s rules of racing, against a person;\na decision about a protest or objection against placed animals relating to an incident that happened during a race or trial;\na decision relating to a dispute between a racing bookmaker and a person who placed a bet with the bookmaker for a race;\na decision to stop, restart, rerun, postpone or abandon a race;\nanother decision that is—\na racing decision of a steward reviewable under part 4 , division 2 ; or\na decision of the Racing Appeals Panel.\nIn this section—\nexclusion action , relating to a person, see the Racing Act , schedule 1 .\ns 240 amd 2022 No. 24 s 23\n(sec.240-ssec.1) An original decision is a decision to do any of the following— refuse to grant or renew a licence; take disciplinary action relating to a licence; censure the holder of a licence; take an exclusion action against a person; impose a monetary penalty on a person; impose any other non-monetary penalty on a person; seize, under this Act or a warrant, an animal or other thing, unless the seizure was in a circumstance mentioned in section 184 (1) (a) or (b) ; forfeit, under section 187 (1) , an animal or other thing; give an animal welfare direction; another decision prescribed by regulation.\n(sec.240-ssec.2) However, the following decisions are not original decisions— a decision relating to the eligibility of an animal to race or the conditions under which an animal can race; the commission’s decision requiring an animal to pass a stated examination or test before being allowed to race a decision cancelling or suspending a licence for an animal, unless the cancellation or suspension relates to— a decision to take disciplinary action relating to the licence of a licence holder; or a decision to take an exclusion action, under the control body’s rules of racing, against a person; a decision about a protest or objection against placed animals relating to an incident that happened during a race or trial; a decision relating to a dispute between a racing bookmaker and a person who placed a bet with the bookmaker for a race; a decision to stop, restart, rerun, postpone or abandon a race; another decision that is— a racing decision of a steward reviewable under part 4 , division 2 ; or a decision of the Racing Appeals Panel.\n(sec.240-ssec.3) In this section— exclusion action , relating to a person, see the Racing Act , schedule 1 .\n- (a) refuse to grant or renew a licence;\n- (b) take disciplinary action relating to a licence;\n- (c) censure the holder of a licence;\n- (d) take an exclusion action against a person;\n- (e) impose a monetary penalty on a person;\n- (f) impose any other non-monetary penalty on a person;\n- (g) seize, under this Act or a warrant, an animal or other thing, unless the seizure was in a circumstance mentioned in section 184 (1) (a) or (b) ;\n- (h) forfeit, under section 187 (1) , an animal or other thing;\n- (i) give an animal welfare direction;\n- (j) another decision prescribed by regulation.\n- (a) a decision relating to the eligibility of an animal to race or the conditions under which an animal can race; Example— the commission’s decision requiring an animal to pass a stated examination or test before being allowed to race\n- (b) a decision cancelling or suspending a licence for an animal, unless the cancellation or suspension relates to— (i) a decision to take disciplinary action relating to the licence of a licence holder; or (ii) a decision to take an exclusion action, under the control body’s rules of racing, against a person;\n- (i) a decision to take disciplinary action relating to the licence of a licence holder; or\n- (ii) a decision to take an exclusion action, under the control body’s rules of racing, against a person;\n- (c) a decision about a protest or objection against placed animals relating to an incident that happened during a race or trial;\n- (d) a decision relating to a dispute between a racing bookmaker and a person who placed a bet with the bookmaker for a race;\n- (e) a decision to stop, restart, rerun, postpone or abandon a race;\n- (f) another decision that is— (i) a racing decision of a steward reviewable under part 4 , division 2 ; or (ii) a decision of the Racing Appeals Panel.\n- (i) a racing decision of a steward reviewable under part 4 , division 2 ; or\n- (ii) a decision of the Racing Appeals Panel.\n- (i) a decision to take disciplinary action relating to the licence of a licence holder; or\n- (ii) a decision to take an exclusion action, under the control body’s rules of racing, against a person;\n- (i) a racing decision of a steward reviewable under part 4 , division 2 ; or\n- (ii) a decision of the Racing Appeals Panel.","sortOrder":313},{"sectionNumber":"sec.241","sectionType":"section","heading":"Who is an interested person for an original decision","content":"### sec.241 Who is an interested person for an original decision\n\nAn interested person for an original decision is—\nif the original decision is a decision to seize or forfeit an animal or other thing—\na person who has been given, or is entitled to be given, an information notice about the decision; and\nif the decision relates to an animal—the person in charge of the animal; or\nif the original decision is a decision other than to seize or forfeit an animal or other thing—\nfor a decision about the grant or refusal of a licence—the applicant for the licence; or\nfor a decision to give an animal welfare direction—\na person who has been given, or is entitled to be given, an information notice about the decision; and\nthe person in charge of the animal the subject of the animal welfare direction; or\nfor a decision prescribed by regulation—the person prescribed by regulation for the decision; or\notherwise—the licence holder adversely affected by the original decision.\n- (a) if the original decision is a decision to seize or forfeit an animal or other thing— (i) a person who has been given, or is entitled to be given, an information notice about the decision; and (ii) if the decision relates to an animal—the person in charge of the animal; or\n- (i) a person who has been given, or is entitled to be given, an information notice about the decision; and\n- (ii) if the decision relates to an animal—the person in charge of the animal; or\n- (b) if the original decision is a decision other than to seize or forfeit an animal or other thing— (i) for a decision about the grant or refusal of a licence—the applicant for the licence; or (ii) for a decision to give an animal welfare direction— (A) a person who has been given, or is entitled to be given, an information notice about the decision; and (B) the person in charge of the animal the subject of the animal welfare direction; or (iii) for a decision prescribed by regulation—the person prescribed by regulation for the decision; or (iv) otherwise—the licence holder adversely affected by the original decision.\n- (i) for a decision about the grant or refusal of a licence—the applicant for the licence; or\n- (ii) for a decision to give an animal welfare direction— (A) a person who has been given, or is entitled to be given, an information notice about the decision; and (B) the person in charge of the animal the subject of the animal welfare direction; or\n- (A) a person who has been given, or is entitled to be given, an information notice about the decision; and\n- (B) the person in charge of the animal the subject of the animal welfare direction; or\n- (iii) for a decision prescribed by regulation—the person prescribed by regulation for the decision; or\n- (iv) otherwise—the licence holder adversely affected by the original decision.\n- (i) a person who has been given, or is entitled to be given, an information notice about the decision; and\n- (ii) if the decision relates to an animal—the person in charge of the animal; or\n- (i) for a decision about the grant or refusal of a licence—the applicant for the licence; or\n- (ii) for a decision to give an animal welfare direction— (A) a person who has been given, or is entitled to be given, an information notice about the decision; and (B) the person in charge of the animal the subject of the animal welfare direction; or\n- (A) a person who has been given, or is entitled to be given, an information notice about the decision; and\n- (B) the person in charge of the animal the subject of the animal welfare direction; or\n- (iii) for a decision prescribed by regulation—the person prescribed by regulation for the decision; or\n- (iv) otherwise—the licence holder adversely affected by the original decision.\n- (A) a person who has been given, or is entitled to be given, an information notice about the decision; and\n- (B) the person in charge of the animal the subject of the animal welfare direction; or","sortOrder":314},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":"Internal reviews","content":"## Internal reviews","sortOrder":315},{"sectionNumber":"sec.242","sectionType":"section","heading":"Review starts with internal review","content":"### sec.242 Review starts with internal review\n\nA person may not apply for a review of, or an appeal against, an original decision unless there has been an internal review of the decision.","sortOrder":316},{"sectionNumber":"sec.243","sectionType":"section","heading":"Applying for internal review of original decision","content":"### sec.243 Applying for internal review of original decision\n\nAn interested person for an original decision may apply to the commission for an internal review of the decision.\nThe application must—\nbe in the approved form; and\ninclude enough information to enable the commission to decide the application; and\nbe made to the commission within 14 days after—\nthe day the person is given the information notice about the decision; or\nif the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision.\nThe commission may, at any time, extend the time for making an internal review application.\n(sec.243-ssec.1) An interested person for an original decision may apply to the commission for an internal review of the decision.\n(sec.243-ssec.2) The application must— be in the approved form; and include enough information to enable the commission to decide the application; and be made to the commission within 14 days after— the day the person is given the information notice about the decision; or if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision.\n(sec.243-ssec.3) The commission may, at any time, extend the time for making an internal review application.\n- (a) be in the approved form; and\n- (b) include enough information to enable the commission to decide the application; and\n- (c) be made to the commission within 14 days after— (i) the day the person is given the information notice about the decision; or (ii) if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision.\n- (i) the day the person is given the information notice about the decision; or\n- (ii) if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision.\n- (i) the day the person is given the information notice about the decision; or\n- (ii) if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision.","sortOrder":317},{"sectionNumber":"sec.244","sectionType":"section","heading":"Staying operation of original decision on internal review","content":"### sec.244 Staying operation of original decision on internal review\n\nThe application for an internal review does not stay the original decision.\nHowever, the applicant may immediately apply for a stay of the original decision to the relevant body.\nThe relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or external review by QCAT.\nThe relevant body may stay the operation of the internal review decision on conditions the relevant body considers appropriate.\nThe stay operates for the period decided by the relevant body.\nThe period of the stay must not extend past the time when the commission makes an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.\nAn internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\nIn this section—\nrelevant body means—\nfor an original decision to seize or forfeit an animal or other thing—the court; or\nfor another original decision—QCAT.\n(sec.244-ssec.1) The application for an internal review does not stay the original decision.\n(sec.244-ssec.2) However, the applicant may immediately apply for a stay of the original decision to the relevant body.\n(sec.244-ssec.3) The relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or external review by QCAT.\n(sec.244-ssec.4) The relevant body may stay the operation of the internal review decision on conditions the relevant body considers appropriate.\n(sec.244-ssec.5) The stay operates for the period decided by the relevant body.\n(sec.244-ssec.6) The period of the stay must not extend past the time when the commission makes an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.\n(sec.244-ssec.7) An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\n(sec.244-ssec.8) In this section— relevant body means— for an original decision to seize or forfeit an animal or other thing—the court; or for another original decision—QCAT.\n- (a) for an original decision to seize or forfeit an animal or other thing—the court; or\n- (b) for another original decision—QCAT.","sortOrder":318},{"sectionNumber":"sec.245","sectionType":"section","heading":"Reviewing original decision","content":"### sec.245 Reviewing original decision\n\nThe commission must, within 20 business days after receiving an application for internal review of an original decision—\nreview the original decision; and\nmake a decision (the internal review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision; and\ngive the applicant a notice (the review notice ) advising of the internal review decision.\nThe application may be dealt with only by a person who—\ndid not make the original decision; and\nholds a more senior office than the person who made the original decision.\nSubsection (2) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to an original decision made personally by the commissioner.\nIf the internal review decision confirms the original decision, the original decision is taken to be the internal review decision.\nIf the internal review decision amends the original decision, the original decision as amended is taken to be the internal review decision.\nIf the internal review decision is not the decision sought by the applicant and the original decision is a decision other than to seize or forfeit an animal or other thing, the review notice must comply with the QCAT Act , section 157 (2) .\nIf the internal review decision is not the decision sought by the applicant and the original decision is a decision to seize or forfeit an animal or other thing, the review notice must state the following information—\nthe day the notice is given to the applicant;\nthe decision;\nthe reasons for the decision;\nthe applicant has a right to appeal to the court against the decision;\nhow, and the period within which, the applicant may appeal against the decision;\nhow the applicant may apply to the court for a stay of the operation of the decision.\nIf the commission does not give the applicant a review notice within 20 business days after receiving the application, the commission is taken to have confirmed the original decision.\n(sec.245-ssec.1) The commission must, within 20 business days after receiving an application for internal review of an original decision— review the original decision; and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the applicant a notice (the review notice ) advising of the internal review decision.\n(sec.245-ssec.2) The application may be dealt with only by a person who— did not make the original decision; and holds a more senior office than the person who made the original decision.\n(sec.245-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made personally by the commissioner.\n(sec.245-ssec.4) If the internal review decision confirms the original decision, the original decision is taken to be the internal review decision.\n(sec.245-ssec.5) If the internal review decision amends the original decision, the original decision as amended is taken to be the internal review decision.\n(sec.245-ssec.6) If the internal review decision is not the decision sought by the applicant and the original decision is a decision other than to seize or forfeit an animal or other thing, the review notice must comply with the QCAT Act , section 157 (2) .\n(sec.245-ssec.7) If the internal review decision is not the decision sought by the applicant and the original decision is a decision to seize or forfeit an animal or other thing, the review notice must state the following information— the day the notice is given to the applicant; the decision; the reasons for the decision; the applicant has a right to appeal to the court against the decision; how, and the period within which, the applicant may appeal against the decision; how the applicant may apply to the court for a stay of the operation of the decision.\n(sec.245-ssec.8) If the commission does not give the applicant a review notice within 20 business days after receiving the application, the commission is taken to have confirmed the original decision.\n- (a) review the original decision; and\n- (b) make a decision (the internal review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (c) give the applicant a notice (the review notice ) advising of the internal review decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (a) did not make the original decision; and\n- (b) holds a more senior office than the person who made the original decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to an original decision made personally by the commissioner.\n- (a) the day the notice is given to the applicant;\n- (b) the decision;\n- (c) the reasons for the decision;\n- (d) the applicant has a right to appeal to the court against the decision;\n- (e) how, and the period within which, the applicant may appeal against the decision;\n- (f) how the applicant may apply to the court for a stay of the operation of the decision.","sortOrder":319},{"sectionNumber":"ch.6-pt.3-div.3","sectionType":"division","heading":"External review","content":"## External review","sortOrder":320},{"sectionNumber":"sec.246","sectionType":"section","heading":"Applying for external review","content":"### sec.246 Applying for external review\n\nThis section applies to a person who, under section 245 (6) , must be given a review notice complying with the QCAT Act , section 157 (2) for an internal review decision.\nThe person may apply to QCAT, as provided under the QCAT Act , for a review of the internal review decision.\nThe QCAT Act , section 22 (3) states that QCAT may stay the operation of the internal review decision, either on application by a person or on its own initiative.\n(sec.246-ssec.1) This section applies to a person who, under section 245 (6) , must be given a review notice complying with the QCAT Act , section 157 (2) for an internal review decision.\n(sec.246-ssec.2) The person may apply to QCAT, as provided under the QCAT Act , for a review of the internal review decision. The QCAT Act , section 22 (3) states that QCAT may stay the operation of the internal review decision, either on application by a person or on its own initiative.","sortOrder":321},{"sectionNumber":"ch.6-pt.3-div.4","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":322},{"sectionNumber":"sec.247","sectionType":"section","heading":"Appealing internal review decision","content":"### sec.247 Appealing internal review decision\n\nIf an interested person has applied for an internal review of an original decision that is a decision to seize or forfeit an animal or other thing, any interested person for the original decision may appeal to the court against the internal review decision by filing a notice of appeal with the registrar of the court.\nThe notice of appeal must state fully the grounds of the appeal.\nThe person must file the notice of appeal within 28 days after a review notice under section 245 (1) (c) about the internal review decision is given to the person.\nHowever, the court may, on application, at any time, extend the time for filing the notice of appeal.\nThe person must serve a copy of the notice of appeal, and any application to extend the time for filing a notice of appeal, on the commission.\nThe appeal does not—\naffect the operation of the internal review decision; or\nprevent the internal review decision being implemented.\n(sec.247-ssec.1) If an interested person has applied for an internal review of an original decision that is a decision to seize or forfeit an animal or other thing, any interested person for the original decision may appeal to the court against the internal review decision by filing a notice of appeal with the registrar of the court.\n(sec.247-ssec.2) The notice of appeal must state fully the grounds of the appeal.\n(sec.247-ssec.3) The person must file the notice of appeal within 28 days after a review notice under section 245 (1) (c) about the internal review decision is given to the person.\n(sec.247-ssec.4) However, the court may, on application, at any time, extend the time for filing the notice of appeal.\n(sec.247-ssec.5) The person must serve a copy of the notice of appeal, and any application to extend the time for filing a notice of appeal, on the commission.\n(sec.247-ssec.6) The appeal does not— affect the operation of the internal review decision; or prevent the internal review decision being implemented.\n- (a) affect the operation of the internal review decision; or\n- (b) prevent the internal review decision being implemented.","sortOrder":323},{"sectionNumber":"sec.248","sectionType":"section","heading":"Staying operation of internal review decision","content":"### sec.248 Staying operation of internal review decision\n\nThe court may, by order, stay the operation of the internal review decision to secure the effectiveness of the appeal.\nThe court may stay the operation of the internal review decision on conditions the court considers appropriate.\nThe stay operates for the period decided by the court.\nHowever, the period of the stay must not extend past the time when the court decides the appeal.\n(sec.248-ssec.1) The court may, by order, stay the operation of the internal review decision to secure the effectiveness of the appeal.\n(sec.248-ssec.2) The court may stay the operation of the internal review decision on conditions the court considers appropriate.\n(sec.248-ssec.3) The stay operates for the period decided by the court.\n(sec.248-ssec.4) However, the period of the stay must not extend past the time when the court decides the appeal.","sortOrder":324},{"sectionNumber":"sec.249","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.249 Powers of court on appeal\n\nWhen deciding an appeal against an internal review decision, the court—\nhas the same powers as the commission in making the internal review decision; and\nis not bound by the rules of evidence; and\nmust comply with natural justice.\nAn appeal is by way of rehearing.\nThe court may—\nconfirm the internal review decision; or\nsubstitute another decision for the internal review decision; or\nset aside the internal review decision and return the matter to the commission with directions the court considers appropriate.\n(sec.249-ssec.1) When deciding an appeal against an internal review decision, the court— has the same powers as the commission in making the internal review decision; and is not bound by the rules of evidence; and must comply with natural justice.\n(sec.249-ssec.2) An appeal is by way of rehearing.\n(sec.249-ssec.3) The court may— confirm the internal review decision; or substitute another decision for the internal review decision; or set aside the internal review decision and return the matter to the commission with directions the court considers appropriate.\n- (a) has the same powers as the commission in making the internal review decision; and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice.\n- (a) confirm the internal review decision; or\n- (b) substitute another decision for the internal review decision; or\n- (c) set aside the internal review decision and return the matter to the commission with directions the court considers appropriate.","sortOrder":325},{"sectionNumber":"sec.250","sectionType":"section","heading":"Effect of court’s decision on appeal","content":"### sec.250 Effect of court’s decision on appeal\n\nIf the court substitutes another decision for the internal review decision—\nthe substituted decision is taken to be a decision of the commission; and\nthe commission may give effect to the decision as if—\nthe decision were the original decision of the commission; and\nno application for review or appeal had been made.\nIf the court sets aside the internal review decision and returns the matter to the commission with directions, any decision made by the commission in accordance with the directions may not be reviewed or appealed against under this division.\n(sec.250-ssec.1) If the court substitutes another decision for the internal review decision— the substituted decision is taken to be a decision of the commission; and the commission may give effect to the decision as if— the decision were the original decision of the commission; and no application for review or appeal had been made.\n(sec.250-ssec.2) If the court sets aside the internal review decision and returns the matter to the commission with directions, any decision made by the commission in accordance with the directions may not be reviewed or appealed against under this division.\n- (a) the substituted decision is taken to be a decision of the commission; and\n- (b) the commission may give effect to the decision as if— (i) the decision were the original decision of the commission; and (ii) no application for review or appeal had been made.\n- (i) the decision were the original decision of the commission; and\n- (ii) no application for review or appeal had been made.\n- (i) the decision were the original decision of the commission; and\n- (ii) no application for review or appeal had been made.","sortOrder":326},{"sectionNumber":"sec.251","sectionType":"section","heading":"Particular powers about seizure or forfeiture","content":"### sec.251 Particular powers about seizure or forfeiture\n\nIf the court confirms an internal review decision about forfeiture, it may also give directions about the sale or disposal of the animal or other thing.\nIf the court sets aside an internal review decision about seizure or forfeiture, it may also—\norder the return of the animal or other thing; or\nmake another order it considers appropriate for its disposal; or\nmake an order under section 206 .\nHowever, the court must not order the return to a person of any of the following seized things—\nan animal or other thing that may be evidence in a proceeding started in relation to the thing seized;\na thing that has been destroyed because it has no intrinsic value;\na thing that has been disposed of because it was perishable;\na thing the person may not lawfully possess.\n(sec.251-ssec.1) If the court confirms an internal review decision about forfeiture, it may also give directions about the sale or disposal of the animal or other thing.\n(sec.251-ssec.2) If the court sets aside an internal review decision about seizure or forfeiture, it may also— order the return of the animal or other thing; or make another order it considers appropriate for its disposal; or make an order under section 206 .\n(sec.251-ssec.3) However, the court must not order the return to a person of any of the following seized things— an animal or other thing that may be evidence in a proceeding started in relation to the thing seized; a thing that has been destroyed because it has no intrinsic value; a thing that has been disposed of because it was perishable; a thing the person may not lawfully possess.\n- (a) order the return of the animal or other thing; or\n- (b) make another order it considers appropriate for its disposal; or\n- (c) make an order under section 206 .\n- (a) an animal or other thing that may be evidence in a proceeding started in relation to the thing seized;\n- (b) a thing that has been destroyed because it has no intrinsic value;\n- (c) a thing that has been disposed of because it was perishable;\n- (d) a thing the person may not lawfully possess.","sortOrder":327},{"sectionNumber":"sec.252","sectionType":"section","heading":"Appeal to District Court","content":"### sec.252 Appeal to District Court\n\nAn appeal lies to a District Court from a decision of the court, but only on a question of law.","sortOrder":328},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Reviews and appeals of stewards’ racing decisions","content":"# Reviews and appeals of stewards’ racing decisions","sortOrder":329},{"sectionNumber":"ch.6-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":330},{"sectionNumber":"sec.252AA","sectionType":"section","heading":"Definitions for part","content":"### sec.252AA Definitions for part\n\nIn this part—\nappeal tribunal see the QCAT Act , schedule 3 .\ndisqualification action , against a person, means action that—\nis disciplinary action relating to the person’s approval or licence or exclusion action against the person; and\nprevents the person from doing any of the following for a period of 3 months or longer—\nattending a race meeting;\nbetting;\nbookmaking;\nracing an animal.\ndisciplinary action to suspend the licence of a licence holder for an animal for 3 months\ndisciplinary action to cancel the licence of a licence holder\nexclusion action to warn off a person from entering, or remaining at, a racecourse for 6 months\nexclusion action , against a person, means action taken by a steward—\nto name the person on a list kept under the rules of racing that identifies persons whose entitlements under the rules are forfeited; or\nto warn off the person from entering, or remaining at, a place being used for a race meeting.\nracing decision , of a steward, means a decision of the steward under the rules of racing for a code of racing.\nremote conferencing means a form of communication that allows a person to hear and take part in discussions as they happen.\nteleconferencing, videoconferencing\ns 252AA ins 2022 No. 24 s 24\n- (a) is disciplinary action relating to the person’s approval or licence or exclusion action against the person; and\n- (b) prevents the person from doing any of the following for a period of 3 months or longer— (i) attending a race meeting; (ii) betting; (iii) bookmaking; (iv) racing an animal.\n- (i) attending a race meeting;\n- (ii) betting;\n- (iii) bookmaking;\n- (iv) racing an animal.\n- (i) attending a race meeting;\n- (ii) betting;\n- (iii) bookmaking;\n- (iv) racing an animal.\n- • disciplinary action to suspend the licence of a licence holder for an animal for 3 months\n- • disciplinary action to cancel the licence of a licence holder\n- • exclusion action to warn off a person from entering, or remaining at, a racecourse for 6 months\n- (a) to name the person on a list kept under the rules of racing that identifies persons whose entitlements under the rules are forfeited; or\n- (b) to warn off the person from entering, or remaining at, a place being used for a race meeting.","sortOrder":331},{"sectionNumber":"ch.6-pt.4-div.2","sectionType":"division","heading":"Application for review by panel","content":"## Application for review by panel","sortOrder":332},{"sectionNumber":"sec.252AB","sectionType":"section","heading":"Applying for review","content":"### sec.252AB Applying for review\n\nA person may apply to the panel for a review, under this part, of a racing decision of a steward to—\ntake disciplinary action relating to the person’s approval or licence; or\ntake exclusion action against the person; or\notherwise impose a penalty, whether monetary or non-monetary, on the person.\nThe application must—\nbe made to the panel within 3 business days after the day the person is given notice of the racing decision; and\nbe in the approved form; and\nbe accompanied by the fee prescribed by regulation.\nThe chairperson may decide to accept the application after the period mentioned in subsection (2) (a) has ended if, in the opinion of the chairperson, it would be unjust to refuse to accept the application.\nThe making of the application does not affect the operation of the racing decision or prevent the decision being implemented.\nHowever, subsection (4) does not apply to the extent the operation of the racing decision is stayed under section 252AT .\nAn application made under this section is a panel review application .\ns 252AB ins 2022 No. 24 s 24\n(sec.252AB-ssec.1) A person may apply to the panel for a review, under this part, of a racing decision of a steward to— take disciplinary action relating to the person’s approval or licence; or take exclusion action against the person; or otherwise impose a penalty, whether monetary or non-monetary, on the person.\n(sec.252AB-ssec.2) The application must— be made to the panel within 3 business days after the day the person is given notice of the racing decision; and be in the approved form; and be accompanied by the fee prescribed by regulation.\n(sec.252AB-ssec.3) The chairperson may decide to accept the application after the period mentioned in subsection (2) (a) has ended if, in the opinion of the chairperson, it would be unjust to refuse to accept the application.\n(sec.252AB-ssec.4) The making of the application does not affect the operation of the racing decision or prevent the decision being implemented.\n(sec.252AB-ssec.5) However, subsection (4) does not apply to the extent the operation of the racing decision is stayed under section 252AT .\n(sec.252AB-ssec.6) An application made under this section is a panel review application .\n- (a) take disciplinary action relating to the person’s approval or licence; or\n- (b) take exclusion action against the person; or\n- (c) otherwise impose a penalty, whether monetary or non-monetary, on the person.\n- (a) be made to the panel within 3 business days after the day the person is given notice of the racing decision; and\n- (b) be in the approved form; and\n- (c) be accompanied by the fee prescribed by regulation.","sortOrder":333},{"sectionNumber":"sec.252AC","sectionType":"section","heading":"Parties to application","content":"### sec.252AC Parties to application\n\nThe parties to the panel review application are the applicant and the commission.\ns 252AC ins 2022 No. 24 s 24","sortOrder":334},{"sectionNumber":"ch.6-pt.4-div.3","sectionType":"division","heading":"Constitution of panel","content":"## Constitution of panel","sortOrder":335},{"sectionNumber":"sec.252AD","sectionType":"section","heading":"Constituting panel for application","content":"### sec.252AD Constituting panel for application\n\nThe panel for deciding a panel review application is to be constituted by—\nthe chairperson; and\n2 other members, chosen by the chairperson.\nHowever, the panel may be constituted in the way decided by the chairperson, including by the chairperson alone, if the panel review application relates to a racing decision of a steward—\nto impose a monetary penalty for an amount no greater than $200; or\nto take disciplinary action relating to a person’s approval or licence that has effect for no longer than 8 days; or\nto take exclusion action against a person that has effect for no longer than 8 days.\nWhen choosing a member for the panel, the chairperson may consider—\nthe nature, importance and complexity of the panel review application to be heard and decided by the panel; and\nthe need for any special knowledge, expertise or experience relating to the application; and\nany other matter the chairperson considers relevant.\ns 252AD ins 2022 No. 24 s 24\n(sec.252AD-ssec.1) The panel for deciding a panel review application is to be constituted by— the chairperson; and 2 other members, chosen by the chairperson.\n(sec.252AD-ssec.2) However, the panel may be constituted in the way decided by the chairperson, including by the chairperson alone, if the panel review application relates to a racing decision of a steward— to impose a monetary penalty for an amount no greater than $200; or to take disciplinary action relating to a person’s approval or licence that has effect for no longer than 8 days; or to take exclusion action against a person that has effect for no longer than 8 days.\n(sec.252AD-ssec.3) When choosing a member for the panel, the chairperson may consider— the nature, importance and complexity of the panel review application to be heard and decided by the panel; and the need for any special knowledge, expertise or experience relating to the application; and any other matter the chairperson considers relevant.\n- (a) the chairperson; and\n- (b) 2 other members, chosen by the chairperson.\n- (a) to impose a monetary penalty for an amount no greater than $200; or\n- (b) to take disciplinary action relating to a person’s approval or licence that has effect for no longer than 8 days; or\n- (c) to take exclusion action against a person that has effect for no longer than 8 days.\n- (a) the nature, importance and complexity of the panel review application to be heard and decided by the panel; and\n- (b) the need for any special knowledge, expertise or experience relating to the application; and\n- (c) any other matter the chairperson considers relevant.","sortOrder":336},{"sectionNumber":"sec.252AE","sectionType":"section","heading":"Disclosure of conflicting interest","content":"### sec.252AE Disclosure of conflicting interest\n\nThis section applies if a member of the panel for a panel review application has or acquires a conflicting interest in relation to the application.\nThe member must—\ndeclare the conflicting interest to the chairperson as soon as practicable after the member becomes aware of the interest; and\nwithdraw from the panel for the panel review application.\nAs soon as practicable after becoming aware of the member’s conflicting interest, the chairperson must choose a different member for the panel.\nHowever, subsections (2) (b) and (3) do not apply if—\nthe member discloses the conflicting interest to the parties to the panel review application; and\nthe parties agree to the member continuing on the panel to decide the application.\nThe chairperson must make a record of the matters mentioned in subsections (3) and (4) .\nIf the member who has or acquires the conflicting interest is the chairperson, a reference to the chairperson in subsections (2) , (3) and (5) and section 252AD (1) (a) is taken to be a reference to a deputy chairperson.\nIn this section—\nconflicting interest , of a member in relation to a panel review application, means an interest, whether financial or otherwise, held or acquired by the member that may conflict with the proper performance of the member’s functions in relation to deciding the application.\ns 252AE ins 2022 No. 24 s 24\n(sec.252AE-ssec.1) This section applies if a member of the panel for a panel review application has or acquires a conflicting interest in relation to the application.\n(sec.252AE-ssec.2) The member must— declare the conflicting interest to the chairperson as soon as practicable after the member becomes aware of the interest; and withdraw from the panel for the panel review application.\n(sec.252AE-ssec.3) As soon as practicable after becoming aware of the member’s conflicting interest, the chairperson must choose a different member for the panel.\n(sec.252AE-ssec.4) However, subsections (2) (b) and (3) do not apply if— the member discloses the conflicting interest to the parties to the panel review application; and the parties agree to the member continuing on the panel to decide the application.\n(sec.252AE-ssec.5) The chairperson must make a record of the matters mentioned in subsections (3) and (4) .\n(sec.252AE-ssec.6) If the member who has or acquires the conflicting interest is the chairperson, a reference to the chairperson in subsections (2) , (3) and (5) and section 252AD (1) (a) is taken to be a reference to a deputy chairperson.\n(sec.252AE-ssec.7) In this section— conflicting interest , of a member in relation to a panel review application, means an interest, whether financial or otherwise, held or acquired by the member that may conflict with the proper performance of the member’s functions in relation to deciding the application.\n- (a) declare the conflicting interest to the chairperson as soon as practicable after the member becomes aware of the interest; and\n- (b) withdraw from the panel for the panel review application.\n- (a) the member discloses the conflicting interest to the parties to the panel review application; and\n- (b) the parties agree to the member continuing on the panel to decide the application.","sortOrder":337},{"sectionNumber":"ch.6-pt.4-div.4","sectionType":"division","heading":"Deciding applications","content":"## Deciding applications","sortOrder":338},{"sectionNumber":"sec.252AF","sectionType":"section","heading":"Way application decided","content":"### sec.252AF Way application decided\n\nThe panel for a panel review application may decide the application in the way it considers appropriate, including, for example—\nby holding a hearing in person; or\nby holding a hearing using remote conferencing; or\nby deciding the application on the basis of documents without a hearing.\nIf the panel decides to hold a hearing, it must be conducted in accordance with subdivision 2 .\nIf the panel decides not to hold a hearing, the panel must ensure the information considered by the panel is made publicly available to the same extent as if the panel review application were heard in public.\nSubsection (3) does not apply in relation to any information the panel decides is not to be made publicly available based on a non-disclosure ground.\ns 252AF ins 2022 No. 24 s 24\n(sec.252AF-ssec.1) The panel for a panel review application may decide the application in the way it considers appropriate, including, for example— by holding a hearing in person; or by holding a hearing using remote conferencing; or by deciding the application on the basis of documents without a hearing.\n(sec.252AF-ssec.2) If the panel decides to hold a hearing, it must be conducted in accordance with subdivision 2 .\n(sec.252AF-ssec.3) If the panel decides not to hold a hearing, the panel must ensure the information considered by the panel is made publicly available to the same extent as if the panel review application were heard in public.\n(sec.252AF-ssec.4) Subsection (3) does not apply in relation to any information the panel decides is not to be made publicly available based on a non-disclosure ground.\n- (a) by holding a hearing in person; or\n- (b) by holding a hearing using remote conferencing; or\n- (c) by deciding the application on the basis of documents without a hearing.","sortOrder":339},{"sectionNumber":"sec.252AG","sectionType":"section","heading":"When application must be decided","content":"### sec.252AG When application must be decided\n\nThe panel for the panel review application must decide the application—\nif the application relates to a racing decision of a steward to take disqualification action against a person—within 20 business days after the application is made; or\notherwise—within 7 business days after the application is made.\ns 252AG ins 2022 No. 24 s 24\n- (a) if the application relates to a racing decision of a steward to take disqualification action against a person—within 20 business days after the application is made; or\n- (b) otherwise—within 7 business days after the application is made.","sortOrder":340},{"sectionNumber":"sec.252AH","sectionType":"section","heading":"Decision of panel","content":"### sec.252AH Decision of panel\n\nThe panel must review the racing decision the subject of the panel review application and decide to—\nconfirm the racing decision; or\nvary the racing decision; or\nset aside the racing decision and substitute the panel’s own decision.\nIf the panel confirms the racing decision, it is taken to be the decision of the panel.\nIf the panel’s decision includes the taking of disqualification action against the applicant, the panel must decide whether the action is taken because of a serious risk caused to—\nthe welfare or health of an animal; or\nthe safety of any person; or\nthe integrity of the Queensland racing industry.\nSee also section 252AV (2) preventing a stay of particular decisions.\nThe panel must give the parties to the panel review application a notice stating—\nthe panel’s decision, including, if applicable, the matters mentioned in subsection (3) ; and\nthe reasons for the panel’s decision.\nThe panel’s decision takes effect—\non the day the notice is given to the parties; or\nif a later day is stated in the notice—on the later day.\ns 252AH ins 2022 No. 24 s 24\n(sec.252AH-ssec.1) The panel must review the racing decision the subject of the panel review application and decide to— confirm the racing decision; or vary the racing decision; or set aside the racing decision and substitute the panel’s own decision.\n(sec.252AH-ssec.2) If the panel confirms the racing decision, it is taken to be the decision of the panel.\n(sec.252AH-ssec.3) If the panel’s decision includes the taking of disqualification action against the applicant, the panel must decide whether the action is taken because of a serious risk caused to— the welfare or health of an animal; or the safety of any person; or the integrity of the Queensland racing industry. See also section 252AV (2) preventing a stay of particular decisions.\n(sec.252AH-ssec.4) The panel must give the parties to the panel review application a notice stating— the panel’s decision, including, if applicable, the matters mentioned in subsection (3) ; and the reasons for the panel’s decision.\n(sec.252AH-ssec.5) The panel’s decision takes effect— on the day the notice is given to the parties; or if a later day is stated in the notice—on the later day.\n- (a) confirm the racing decision; or\n- (b) vary the racing decision; or\n- (c) set aside the racing decision and substitute the panel’s own decision.\n- (a) the welfare or health of an animal; or\n- (b) the safety of any person; or\n- (c) the integrity of the Queensland racing industry.\n- (a) the panel’s decision, including, if applicable, the matters mentioned in subsection (3) ; and\n- (b) the reasons for the panel’s decision.\n- (a) on the day the notice is given to the parties; or\n- (b) if a later day is stated in the notice—on the later day.","sortOrder":341},{"sectionNumber":"sec.252AI","sectionType":"section","heading":"Notice of hearing","content":"### sec.252AI Notice of hearing\n\nThe registrar must give the parties to a panel review application notice of the time and place of a hearing of the application.\nThe notice must be given as soon as practicable, and at least a reasonable period, before the day of the hearing.\ns 252AI ins 2022 No. 24 s 24\n(sec.252AI-ssec.1) The registrar must give the parties to a panel review application notice of the time and place of a hearing of the application.\n(sec.252AI-ssec.2) The notice must be given as soon as practicable, and at least a reasonable period, before the day of the hearing.","sortOrder":342},{"sectionNumber":"sec.252AJ","sectionType":"section","heading":"Public hearing","content":"### sec.252AJ Public hearing\n\nThe hearing of a panel review application must be held in public.\nHowever, the panel may, on application by a party or on the panel’s own initiative, decide that the hearing, or part of the hearing, is to be held in private.\nA decision under subsection (2) may be made only if the panel considers information proposed to be disclosed at the hearing should not be made publicly available based on a non-disclosure ground.\nTo the extent the hearing is heard in private under subsection (2) , the panel may limit who may be present at the hearing.\nThe hearing may be held at any place in Queensland or by remote conferencing.\nThe panel may adjourn the hearing.\ns 252AJ ins 2022 No. 24 s 24\n(sec.252AJ-ssec.1) The hearing of a panel review application must be held in public.\n(sec.252AJ-ssec.2) However, the panel may, on application by a party or on the panel’s own initiative, decide that the hearing, or part of the hearing, is to be held in private.\n(sec.252AJ-ssec.3) A decision under subsection (2) may be made only if the panel considers information proposed to be disclosed at the hearing should not be made publicly available based on a non-disclosure ground.\n(sec.252AJ-ssec.4) To the extent the hearing is heard in private under subsection (2) , the panel may limit who may be present at the hearing.\n(sec.252AJ-ssec.5) The hearing may be held at any place in Queensland or by remote conferencing.\n(sec.252AJ-ssec.6) The panel may adjourn the hearing.","sortOrder":343},{"sectionNumber":"sec.252AK","sectionType":"section","heading":"Requiring witness to attend or produce document or thing","content":"### sec.252AK Requiring witness to attend or produce document or thing\n\nOn the application of a party or on the panel’s own initiative, the panel may give a person a notice requiring the person—\nto attend the hearing of a panel review application to give evidence; or\nto produce a stated document or other thing to the panel for the hearing.\nSee section 252AL for the consequences of failing to comply with the notice.\nHowever, the notice may be given only if the panel reasonably believes the person has information, or the document or thing contains information, required for consideration of the panel review application.\nA notice under subsection (1) must be given as soon as practicable, and at least a reasonable period, before the day of the hearing.\nA person given a notice under subsection (1) is entitled to be paid the fees and allowances decided by the panel.\nThe fees and allowances must be paid—\nif the notice was given on the application of a party—by the party; or\notherwise—by the parties in the proportions decided by the panel.\ns 252AK ins 2022 No. 24 s 24\n(sec.252AK-ssec.1) On the application of a party or on the panel’s own initiative, the panel may give a person a notice requiring the person— to attend the hearing of a panel review application to give evidence; or to produce a stated document or other thing to the panel for the hearing. See section 252AL for the consequences of failing to comply with the notice.\n(sec.252AK-ssec.2) However, the notice may be given only if the panel reasonably believes the person has information, or the document or thing contains information, required for consideration of the panel review application.\n(sec.252AK-ssec.3) A notice under subsection (1) must be given as soon as practicable, and at least a reasonable period, before the day of the hearing.\n(sec.252AK-ssec.4) A person given a notice under subsection (1) is entitled to be paid the fees and allowances decided by the panel.\n(sec.252AK-ssec.5) The fees and allowances must be paid— if the notice was given on the application of a party—by the party; or otherwise—by the parties in the proportions decided by the panel.\n- (a) to attend the hearing of a panel review application to give evidence; or\n- (b) to produce a stated document or other thing to the panel for the hearing.\n- (a) if the notice was given on the application of a party—by the party; or\n- (b) otherwise—by the parties in the proportions decided by the panel.","sortOrder":344},{"sectionNumber":"sec.252AL","sectionType":"section","heading":"Offences for witness","content":"### sec.252AL Offences for witness\n\nA person given a notice under section 252AK (1) must not fail, without a reasonable excuse, to comply with the notice.\nMaximum penalty—100 penalty units.\nA person appearing as a witness at a hearing of a panel review application must not—\nfail to take an oath or affirmation when required by the panel; or\nfail, without a reasonable excuse, to answer a question the person is required to answer by the panel.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for an individual to refuse to answer a question, or produce a document or other thing, if the answer, or the production of the document or thing, might tend to incriminate the individual or expose the individual to a penalty.\ns 252AL ins 2022 No. 24 s 24\n(sec.252AL-ssec.1) A person given a notice under section 252AK (1) must not fail, without a reasonable excuse, to comply with the notice. Maximum penalty—100 penalty units.\n(sec.252AL-ssec.2) A person appearing as a witness at a hearing of a panel review application must not— fail to take an oath or affirmation when required by the panel; or fail, without a reasonable excuse, to answer a question the person is required to answer by the panel. Maximum penalty—100 penalty units.\n(sec.252AL-ssec.3) It is a reasonable excuse for an individual to refuse to answer a question, or produce a document or other thing, if the answer, or the production of the document or thing, might tend to incriminate the individual or expose the individual to a penalty.\n- (a) fail to take an oath or affirmation when required by the panel; or\n- (b) fail, without a reasonable excuse, to answer a question the person is required to answer by the panel.","sortOrder":345},{"sectionNumber":"sec.252AM","sectionType":"section","heading":"Hearing in absence of parties or others","content":"### sec.252AM Hearing in absence of parties or others\n\nThe panel may hear a panel review application in the absence of a party to the application if—\nthe panel is satisfied the party has been given notice of the hearing under section 252AI ; and\nthe panel is satisfied the party did not have a reasonable excuse for failing to attend.\nAlso, the panel may hear a panel review application in the absence of any other person who has been given reasonable notice of the hearing.\ns 252AM ins 2022 No. 24 s 24\n(sec.252AM-ssec.1) The panel may hear a panel review application in the absence of a party to the application if— the panel is satisfied the party has been given notice of the hearing under section 252AI ; and the panel is satisfied the party did not have a reasonable excuse for failing to attend.\n(sec.252AM-ssec.2) Also, the panel may hear a panel review application in the absence of any other person who has been given reasonable notice of the hearing.\n- (a) the panel is satisfied the party has been given notice of the hearing under section 252AI ; and\n- (b) the panel is satisfied the party did not have a reasonable excuse for failing to attend.","sortOrder":346},{"sectionNumber":"sec.252AN","sectionType":"section","heading":"Contempt of panel at hearing","content":"### sec.252AN Contempt of panel at hearing\n\nA person must not—\ninsult a member while the member is—\nparticipating in a hearing of a panel review application; or\nentering or leaving the place where the panel is hearing a panel review application; or\nunreasonably or deliberately interrupt a hearing of a panel review application; or\ncreate or continue, or join in creating or continuing, a disturbance in or near a place where the panel is hearing a panel review application.\nMaximum penalty—30 penalty units.\ns 252AN ins 2022 No. 24 s 24\n- (a) insult a member while the member is— (i) participating in a hearing of a panel review application; or (ii) entering or leaving the place where the panel is hearing a panel review application; or\n- (i) participating in a hearing of a panel review application; or\n- (ii) entering or leaving the place where the panel is hearing a panel review application; or\n- (b) unreasonably or deliberately interrupt a hearing of a panel review application; or\n- (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the panel is hearing a panel review application.\n- (i) participating in a hearing of a panel review application; or\n- (ii) entering or leaving the place where the panel is hearing a panel review application; or","sortOrder":347},{"sectionNumber":"sec.252AO","sectionType":"section","heading":"Conducting review generally","content":"### sec.252AO Conducting review generally\n\nIn deciding a panel review application, the panel—\nmust act with impartiality; and\nmust observe the rules of natural justice; and\nis not bound by the rules of evidence; and\nmay inform itself in any way it considers appropriate.\nSubject to this part, the procedure for deciding a panel review application is at the discretion of the panel.\ns 252AO ins 2022 No. 24 s 24\n(sec.252AO-ssec.1) In deciding a panel review application, the panel— must act with impartiality; and must observe the rules of natural justice; and is not bound by the rules of evidence; and may inform itself in any way it considers appropriate.\n(sec.252AO-ssec.2) Subject to this part, the procedure for deciding a panel review application is at the discretion of the panel.\n- (a) must act with impartiality; and\n- (b) must observe the rules of natural justice; and\n- (c) is not bound by the rules of evidence; and\n- (d) may inform itself in any way it considers appropriate.","sortOrder":348},{"sectionNumber":"sec.252AP","sectionType":"section","heading":"Evidence before panel","content":"### sec.252AP Evidence before panel\n\nFor deciding a panel review application, the panel may—\nrequire a person to give evidence on oath or affirmation; or\ntake evidence from a person on oath or affirmation; or\nadminister an oath or affirmation to a person.\nThe panel may permit a person to give evidence on oath or affirmation by tendering a written statement verified by oath or affirmation.\ns 252AP ins 2022 No. 24 s 24\n(sec.252AP-ssec.1) For deciding a panel review application, the panel may— require a person to give evidence on oath or affirmation; or take evidence from a person on oath or affirmation; or administer an oath or affirmation to a person.\n(sec.252AP-ssec.2) The panel may permit a person to give evidence on oath or affirmation by tendering a written statement verified by oath or affirmation.\n- (a) require a person to give evidence on oath or affirmation; or\n- (b) take evidence from a person on oath or affirmation; or\n- (c) administer an oath or affirmation to a person.","sortOrder":349},{"sectionNumber":"sec.252AQ","sectionType":"section","heading":"Applicant bears own costs","content":"### sec.252AQ Applicant bears own costs\n\nThe applicant for a panel review application must bear the applicant’s own costs.\ns 252AQ ins 2022 No. 24 s 24","sortOrder":350},{"sectionNumber":"sec.252AR","sectionType":"section","heading":"Withdrawal of application","content":"### sec.252AR Withdrawal of application\n\nThe applicant for a panel review application may withdraw the application at any time.\ns 252AR ins 2022 No. 24 s 24","sortOrder":351},{"sectionNumber":"sec.252AS","sectionType":"section","heading":"Record of review","content":"### sec.252AS Record of review\n\nThe registrar must keep a record of any documents produced to the panel for deciding a panel review application.\nSubject to subsection (3) , a person may, on payment of the fee prescribed by regulation—\ninspect a record kept under subsection (1) ; or\nobtain a copy of a record, or a part of a record, kept under subsection (1) .\nIf the person is a party to the panel review application, the person may inspect the record without charge.\nSubsections (2) and (3) do not apply in relation to any part of a record containing information the panel has decided is not to be made publicly available based on a non-disclosure ground.\nThis section does not affect the operation of another Act that provides for the recording or keeping of evidence.\ns 252AS ins 2022 No. 24 s 24\n(sec.252AS-ssec.1) The registrar must keep a record of any documents produced to the panel for deciding a panel review application.\n(sec.252AS-ssec.2) Subject to subsection (3) , a person may, on payment of the fee prescribed by regulation— inspect a record kept under subsection (1) ; or obtain a copy of a record, or a part of a record, kept under subsection (1) .\n(sec.252AS-ssec.3) If the person is a party to the panel review application, the person may inspect the record without charge.\n(sec.252AS-ssec.4) Subsections (2) and (3) do not apply in relation to any part of a record containing information the panel has decided is not to be made publicly available based on a non-disclosure ground.\n(sec.252AS-ssec.5) This section does not affect the operation of another Act that provides for the recording or keeping of evidence.\n- (a) inspect a record kept under subsection (1) ; or\n- (b) obtain a copy of a record, or a part of a record, kept under subsection (1) .","sortOrder":352},{"sectionNumber":"ch.6-pt.4-div.5","sectionType":"division","heading":"Stays of stewards’ racing decisions","content":"## Stays of stewards’ racing decisions","sortOrder":353},{"sectionNumber":"sec.252AT","sectionType":"section","heading":"Staying operation of racing decision","content":"### sec.252AT Staying operation of racing decision\n\nThe applicant for a panel review application may apply to the panel for a stay of the operation of the racing decision to which the application relates.\nThe panel may stay the operation of the racing decision to secure the effectiveness of the review of the decision by the panel.\nThe panel may stay the operation of the racing decision on the conditions, and for the period, decided by the panel.\nHowever, the period of the stay must not extend past the time when the panel decides the panel review application.\ns 252AT ins 2022 No. 24 s 24\n(sec.252AT-ssec.1) The applicant for a panel review application may apply to the panel for a stay of the operation of the racing decision to which the application relates.\n(sec.252AT-ssec.2) The panel may stay the operation of the racing decision to secure the effectiveness of the review of the decision by the panel.\n(sec.252AT-ssec.3) The panel may stay the operation of the racing decision on the conditions, and for the period, decided by the panel.\n(sec.252AT-ssec.4) However, the period of the stay must not extend past the time when the panel decides the panel review application.","sortOrder":354},{"sectionNumber":"ch.6-pt.4-div.6","sectionType":"division","heading":"Appeal of panel decisions","content":"## Appeal of panel decisions","sortOrder":355},{"sectionNumber":"sec.252AU","sectionType":"section","heading":"Appealing disqualification action to appeal tribunal","content":"### sec.252AU Appealing disqualification action to appeal tribunal\n\nThis section applies if—\nthe panel’s decision on a panel review application includes the taking of disqualification action against a person; and\na person who is a party to the application is dissatisfied with the panel’s decision.\nThe person may appeal to the appeal tribunal against the panel’s decision only on a question of law relating to the extent of the disqualification action.\nThe notice of appeal must, unless the appeal tribunal orders otherwise—\nbe filed in the tribunal’s registry within 28 days after the date of the panel’s decision; and\nbe served on the commission within 7 days after being filed.\nThe appeal tribunal has jurisdiction to hear and decide the appeal.\nThe starting of the appeal does not affect the operation of the panel’s decision or prevent the decision being implemented.\nHowever, subsection (5) does not apply to the extent the operation of the panel’s decision is stayed under section 252AV .\ns 252AU ins 2022 No. 24 s 24\n(sec.252AU-ssec.1) This section applies if— the panel’s decision on a panel review application includes the taking of disqualification action against a person; and a person who is a party to the application is dissatisfied with the panel’s decision.\n(sec.252AU-ssec.2) The person may appeal to the appeal tribunal against the panel’s decision only on a question of law relating to the extent of the disqualification action.\n(sec.252AU-ssec.3) The notice of appeal must, unless the appeal tribunal orders otherwise— be filed in the tribunal’s registry within 28 days after the date of the panel’s decision; and be served on the commission within 7 days after being filed.\n(sec.252AU-ssec.4) The appeal tribunal has jurisdiction to hear and decide the appeal.\n(sec.252AU-ssec.5) The starting of the appeal does not affect the operation of the panel’s decision or prevent the decision being implemented.\n(sec.252AU-ssec.6) However, subsection (5) does not apply to the extent the operation of the panel’s decision is stayed under section 252AV .\n- (a) the panel’s decision on a panel review application includes the taking of disqualification action against a person; and\n- (b) a person who is a party to the application is dissatisfied with the panel’s decision.\n- (a) be filed in the tribunal’s registry within 28 days after the date of the panel’s decision; and\n- (b) be served on the commission within 7 days after being filed.","sortOrder":356},{"sectionNumber":"sec.252AV","sectionType":"section","heading":"Staying operation of panel’s decision","content":"### sec.252AV Staying operation of panel’s decision\n\nA person appealing a decision of the panel under section 252AU may apply to the appeal tribunal for a stay of the operation of the decision.\nHowever, subsection (1) does not apply if the notice of the panel’s decision states, under section 252AH (3) , that the decision includes disqualification action taken against a person because of a serious risk mentioned in the section.\nThe appeal tribunal may stay the operation of the panel’s decision on the conditions, and for the period, decided by the tribunal.\nHowever, the period of the stay must not extend past the time when the appeal tribunal decides the appeal.\ns 252AV ins 2022 No. 24 s 24\n(sec.252AV-ssec.1) A person appealing a decision of the panel under section 252AU may apply to the appeal tribunal for a stay of the operation of the decision.\n(sec.252AV-ssec.2) However, subsection (1) does not apply if the notice of the panel’s decision states, under section 252AH (3) , that the decision includes disqualification action taken against a person because of a serious risk mentioned in the section.\n(sec.252AV-ssec.3) The appeal tribunal may stay the operation of the panel’s decision on the conditions, and for the period, decided by the tribunal.\n(sec.252AV-ssec.4) However, the period of the stay must not extend past the time when the appeal tribunal decides the appeal.","sortOrder":357},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Racing Appeals Panel","content":"# Racing Appeals Panel","sortOrder":358},{"sectionNumber":"ch.6-pt.5-div.1","sectionType":"division","heading":"Establishment, functions and powers","content":"## Establishment, functions and powers","sortOrder":359},{"sectionNumber":"sec.252AW","sectionType":"section","heading":"Establishment of panel","content":"### sec.252AW Establishment of panel\n\nThe Racing Appeals Panel (the panel ) is established.\ns 252AW ins 2022 No. 24 s 24","sortOrder":360},{"sectionNumber":"sec.252AX","sectionType":"section","heading":"Finances of panel","content":"### sec.252AX Finances of panel\n\nThe panel is part of the department for the Financial Accountability Act 2009 .\ns 252AX ins 2022 No. 24 s 24","sortOrder":361},{"sectionNumber":"sec.252AY","sectionType":"section","heading":"Functions of panel","content":"### sec.252AY Functions of panel\n\nThe functions of the panel are—\nto hear and decide each application for review of a racing decision of a steward; and\nany other function given to the panel under this Act or another Act.\ns 252AY ins 2022 No. 24 s 24\n- (a) to hear and decide each application for review of a racing decision of a steward; and\n- (b) any other function given to the panel under this Act or another Act.","sortOrder":362},{"sectionNumber":"sec.252AZ","sectionType":"section","heading":"Powers","content":"### sec.252AZ Powers\n\nThe panel has the power to do anything necessary or convenient to be done to perform its functions.\ns 252AZ ins 2022 No. 24 s 24","sortOrder":363},{"sectionNumber":"sec.252BA","sectionType":"section","heading":"Independence of panel and members","content":"### sec.252BA Independence of panel and members\n\nIn performing functions or exercising powers, the panel and members—\nmust act independently, impartially and fairly; and\nare not subject to direction or control by any entity, including any Minister.\ns 252BA ins 2022 No. 24 s 24\n- (a) must act independently, impartially and fairly; and\n- (b) are not subject to direction or control by any entity, including any Minister.","sortOrder":364},{"sectionNumber":"ch.6-pt.5-div.2","sectionType":"division","heading":"Members","content":"## Members","sortOrder":365},{"sectionNumber":"sec.252BB","sectionType":"section","heading":"Composition of panel","content":"### sec.252BB Composition of panel\n\nThe panel consists of the following members appointed by the Governor in Council—\nthe chairperson;\nat least 2 deputy chairpersons;\nat least 3 other members.\ns 252BB ins 2022 No. 24 s 24\n- (a) the chairperson;\n- (b) at least 2 deputy chairpersons;\n- (c) at least 3 other members.","sortOrder":366},{"sectionNumber":"sec.252BC","sectionType":"section","heading":"Appointment","content":"### sec.252BC Appointment\n\nThe Governor in Council is to appoint each member of the panel, including the chairperson and deputy chairpersons, on the recommendation of the Minister.\nThe Minister must recommend persons for appointment to the panel who have experience in a sufficient range of areas mentioned in section 252BD (1) (b) to allow the panel to perform its functions.\nThe Minister may recommend a person for appointment only if the Minister is satisfied the person is eligible for appointment under section 252BD .\ns 252BC ins 2022 No. 24 s 24\n(sec.252BC-ssec.1) The Governor in Council is to appoint each member of the panel, including the chairperson and deputy chairpersons, on the recommendation of the Minister.\n(sec.252BC-ssec.2) The Minister must recommend persons for appointment to the panel who have experience in a sufficient range of areas mentioned in section 252BD (1) (b) to allow the panel to perform its functions.\n(sec.252BC-ssec.3) The Minister may recommend a person for appointment only if the Minister is satisfied the person is eligible for appointment under section 252BD .","sortOrder":367},{"sectionNumber":"sec.252BD","sectionType":"section","heading":"Eligibility for appointment","content":"### sec.252BD Eligibility for appointment\n\nA person is eligible for appointment to the panel if—\nfor appointment as the chairperson or a deputy chairperson—the person is a lawyer of at least 5 years standing; or\notherwise—the person has professional experience in 1 or more of the following areas—\nchemistry relating to animals;\nlaw;\nracing;\nveterinary science.\nHowever, a person is not eligible for appointment to the panel if the person—\nis, or has in the 2 years before the proposed appointment, been a member or employee of a control body; or\nis registered or licensed by a control body; or\nhas a financial or proprietary interest in a licensed animal; or\nis a member of a committee, or an employee, of—\na licensed club; or\nan association formed in Australia to promote the interests of 1 or more participants in a code of racing; or\nis affected by bankruptcy action; or\nhas a conviction, other than a spent conviction, for—\nan offence against this Act or the Racing Act ; or\nan indictable offence against any Act; or\nan indictable offence against a law of another State.\nIn this section—\ninterstate rehabilitation law means a law applying, or that applied, in another State that provides, or provided, for the same matter as the Criminal Law (Rehabilitation of Offenders) Act 1986 .\ns 252BD ins 2022 No. 24 s 24\namd 2023 No. 23 s 247 sch 1 s 4\n(sec.252BD-ssec.1) A person is eligible for appointment to the panel if— for appointment as the chairperson or a deputy chairperson—the person is a lawyer of at least 5 years standing; or otherwise—the person has professional experience in 1 or more of the following areas— chemistry relating to animals; law; racing; veterinary science.\n(sec.252BD-ssec.2) However, a person is not eligible for appointment to the panel if the person— is, or has in the 2 years before the proposed appointment, been a member or employee of a control body; or is registered or licensed by a control body; or has a financial or proprietary interest in a licensed animal; or is a member of a committee, or an employee, of— a licensed club; or an association formed in Australia to promote the interests of 1 or more participants in a code of racing; or is affected by bankruptcy action; or has a conviction, other than a spent conviction, for— an offence against this Act or the Racing Act ; or an indictable offence against any Act; or an indictable offence against a law of another State.\n(sec.252BD-ssec.3) In this section— interstate rehabilitation law means a law applying, or that applied, in another State that provides, or provided, for the same matter as the Criminal Law (Rehabilitation of Offenders) Act 1986 .\n- (a) for appointment as the chairperson or a deputy chairperson—the person is a lawyer of at least 5 years standing; or\n- (b) otherwise—the person has professional experience in 1 or more of the following areas— (i) chemistry relating to animals; (ii) law; (iii) racing; (iv) veterinary science.\n- (i) chemistry relating to animals;\n- (ii) law;\n- (iii) racing;\n- (iv) veterinary science.\n- (i) chemistry relating to animals;\n- (ii) law;\n- (iii) racing;\n- (iv) veterinary science.\n- (a) is, or has in the 2 years before the proposed appointment, been a member or employee of a control body; or\n- (b) is registered or licensed by a control body; or\n- (c) has a financial or proprietary interest in a licensed animal; or\n- (d) is a member of a committee, or an employee, of— (i) a licensed club; or (ii) an association formed in Australia to promote the interests of 1 or more participants in a code of racing; or\n- (i) a licensed club; or\n- (ii) an association formed in Australia to promote the interests of 1 or more participants in a code of racing; or\n- (e) is affected by bankruptcy action; or\n- (f) has a conviction, other than a spent conviction, for— (i) an offence against this Act or the Racing Act ; or (ii) an indictable offence against any Act; or (iii) an indictable offence against a law of another State.\n- (i) an offence against this Act or the Racing Act ; or\n- (ii) an indictable offence against any Act; or\n- (iii) an indictable offence against a law of another State.\n- (i) a licensed club; or\n- (ii) an association formed in Australia to promote the interests of 1 or more participants in a code of racing; or\n- (i) an offence against this Act or the Racing Act ; or\n- (ii) an indictable offence against any Act; or\n- (iii) an indictable offence against a law of another State.","sortOrder":368},{"sectionNumber":"sec.252BE","sectionType":"section","heading":"Term of appointment","content":"### sec.252BE Term of appointment\n\nA member holds office for the term, not longer than 3 years, stated in the member’s instrument of appointment.\nSubsection (1) does not prevent a person being reappointed as a member.\ns 252BE ins 2022 No. 24 s 24\n(sec.252BE-ssec.1) A member holds office for the term, not longer than 3 years, stated in the member’s instrument of appointment.\n(sec.252BE-ssec.2) Subsection (1) does not prevent a person being reappointed as a member.","sortOrder":369},{"sectionNumber":"sec.252BF","sectionType":"section","heading":"Conditions of appointment","content":"### sec.252BF Conditions of appointment\n\nA member is appointed under this Act and not the Public Service Act 2008 .\nEach member—\nis entitled to be paid the remuneration and allowances decided by the Governor in Council; and\nholds office on the conditions stated in the member’s instrument of appointment.\ns 252BF ins 2022 No. 24 s 24\n(sec.252BF-ssec.1) A member is appointed under this Act and not the Public Service Act 2008 .\n(sec.252BF-ssec.2) Each member— is entitled to be paid the remuneration and allowances decided by the Governor in Council; and holds office on the conditions stated in the member’s instrument of appointment.\n- (a) is entitled to be paid the remuneration and allowances decided by the Governor in Council; and\n- (b) holds office on the conditions stated in the member’s instrument of appointment.","sortOrder":370},{"sectionNumber":"sec.252BG","sectionType":"section","heading":"Functions of members","content":"### sec.252BG Functions of members\n\nThe functions of the chairperson are—\nto choose members to constitute the panel to hear and decide a panel review application; and\nto manage the business and overall performance of the panel to ensure it operates efficiently; and\nto give directions about practices and procedures to promote the making of high quality and consistent decisions by the panel; and\nto ensure members are adequately trained to perform the functions and exercise the powers of the panel; and\nto ensure the report mentioned in section 252BP is prepared.\nThe function of a deputy chairperson is to act as, and perform the functions of, the chairperson when—\nthere is a vacancy in the office of the chairperson; or\nthe chairperson has a conflicting interest under section 252AE in relation to a panel review application; or\nthe chairperson is absent or otherwise cannot perform the functions of the office.\nThe function of all members is to participate in the panel to hear and decide, under part 4 , matters for which the panel is constituted.\ns 252BG ins 2022 No. 24 s 24\n(sec.252BG-ssec.1) The functions of the chairperson are— to choose members to constitute the panel to hear and decide a panel review application; and to manage the business and overall performance of the panel to ensure it operates efficiently; and to give directions about practices and procedures to promote the making of high quality and consistent decisions by the panel; and to ensure members are adequately trained to perform the functions and exercise the powers of the panel; and to ensure the report mentioned in section 252BP is prepared.\n(sec.252BG-ssec.2) The function of a deputy chairperson is to act as, and perform the functions of, the chairperson when— there is a vacancy in the office of the chairperson; or the chairperson has a conflicting interest under section 252AE in relation to a panel review application; or the chairperson is absent or otherwise cannot perform the functions of the office.\n(sec.252BG-ssec.3) The function of all members is to participate in the panel to hear and decide, under part 4 , matters for which the panel is constituted.\n- (a) to choose members to constitute the panel to hear and decide a panel review application; and\n- (b) to manage the business and overall performance of the panel to ensure it operates efficiently; and\n- (c) to give directions about practices and procedures to promote the making of high quality and consistent decisions by the panel; and\n- (d) to ensure members are adequately trained to perform the functions and exercise the powers of the panel; and\n- (e) to ensure the report mentioned in section 252BP is prepared.\n- (a) there is a vacancy in the office of the chairperson; or\n- (b) the chairperson has a conflicting interest under section 252AE in relation to a panel review application; or\n- (c) the chairperson is absent or otherwise cannot perform the functions of the office.","sortOrder":371},{"sectionNumber":"sec.252BH","sectionType":"section","heading":"Resignation","content":"### sec.252BH Resignation\n\nA member may resign by signed notice given to the Minister.\nThe resignation takes effect on—\nthe day the notice is given; or\nif a later day is stated in the notice—the later day.\ns 252BH ins 2022 No. 24 s 24\n(sec.252BH-ssec.1) A member may resign by signed notice given to the Minister.\n(sec.252BH-ssec.2) The resignation takes effect on— the day the notice is given; or if a later day is stated in the notice—the later day.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":372},{"sectionNumber":"sec.252BI","sectionType":"section","heading":"Removal from office","content":"### sec.252BI Removal from office\n\nThe Governor in Council may, on the recommendation of the Minister at any time, remove a person from office as a member of the panel.\nThe Minister may recommend the person’s removal if the Minister is satisfied the person—\nis no longer eligible for appointment for a reason mentioned in section 252BD (2) ; or\nis incapable of performing the functions or exercising the powers of the office; or\nhas neglected the functions or powers of the office or performed the functions or exercised the powers incompetently; or\nhas engaged in conduct that would warrant dismissal from the public service if the person were a public service officer.\ns 252BI ins 2022 No. 24 s 24\n(sec.252BI-ssec.1) The Governor in Council may, on the recommendation of the Minister at any time, remove a person from office as a member of the panel.\n(sec.252BI-ssec.2) The Minister may recommend the person’s removal if the Minister is satisfied the person— is no longer eligible for appointment for a reason mentioned in section 252BD (2) ; or is incapable of performing the functions or exercising the powers of the office; or has neglected the functions or powers of the office or performed the functions or exercised the powers incompetently; or has engaged in conduct that would warrant dismissal from the public service if the person were a public service officer.\n- (a) is no longer eligible for appointment for a reason mentioned in section 252BD (2) ; or\n- (b) is incapable of performing the functions or exercising the powers of the office; or\n- (c) has neglected the functions or powers of the office or performed the functions or exercised the powers incompetently; or\n- (d) has engaged in conduct that would warrant dismissal from the public service if the person were a public service officer.","sortOrder":373},{"sectionNumber":"sec.252BJ","sectionType":"section","heading":"Vacancy in office","content":"### sec.252BJ Vacancy in office\n\nThe office of a member becomes vacant if the member—\ncompletes a term of office and is not reappointed; or\nresigns under section 252BH ; or\nis removed from office under section 252BI .\ns 252BJ ins 2022 No. 24 s 24\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns under section 252BH ; or\n- (c) is removed from office under section 252BI .","sortOrder":374},{"sectionNumber":"ch.6-pt.5-div.3","sectionType":"division","heading":"Administration","content":"## Administration","sortOrder":375},{"sectionNumber":"sec.252BK","sectionType":"section","heading":"Registrar and other staff","content":"### sec.252BK Registrar and other staff\n\nThe chief executive must appoint—\nan appropriately qualified person to be the registrar of the panel; and\nstaff to assist the panel to perform its functions effectively.\nA person appointed under subsection (1) is employed under the Public Service Act 2008 .\ns 252BK ins 2022 No. 24 s 24\n(sec.252BK-ssec.1) The chief executive must appoint— an appropriately qualified person to be the registrar of the panel; and staff to assist the panel to perform its functions effectively.\n(sec.252BK-ssec.2) A person appointed under subsection (1) is employed under the Public Service Act 2008 .\n- (a) an appropriately qualified person to be the registrar of the panel; and\n- (b) staff to assist the panel to perform its functions effectively.","sortOrder":376},{"sectionNumber":"sec.252BL","sectionType":"section","heading":"Functions of registrar","content":"### sec.252BL Functions of registrar\n\nThe functions of the registrar are—\nthe functions given to the registrar under this part and part 4 ; and\nto do any other thing necessary or convenient for the effective and efficient performance of the panel’s functions.\ns 252BL ins 2022 No. 24 s 24\n- (a) the functions given to the registrar under this part and part 4 ; and\n- (b) to do any other thing necessary or convenient for the effective and efficient performance of the panel’s functions.","sortOrder":377},{"sectionNumber":"sec.252BM","sectionType":"section","heading":"Register of decisions","content":"### sec.252BM Register of decisions\n\nThe registrar must keep a register that includes—\na brief description of each panel review application that has been made; and\nthe information in the notice of the panel’s decision on the application, given under section 252AH (4) .\nThe registrar must make a copy of the register available for inspection by the public on the panel’s website.\nHowever, the copy of the register must not include any information that the panel has decided is not to be made publicly available based on a non-disclosure ground.\ns 252BM ins 2022 No. 24 s 24\n(sec.252BM-ssec.1) The registrar must keep a register that includes— a brief description of each panel review application that has been made; and the information in the notice of the panel’s decision on the application, given under section 252AH (4) .\n(sec.252BM-ssec.2) The registrar must make a copy of the register available for inspection by the public on the panel’s website.\n(sec.252BM-ssec.3) However, the copy of the register must not include any information that the panel has decided is not to be made publicly available based on a non-disclosure ground.\n- (a) a brief description of each panel review application that has been made; and\n- (b) the information in the notice of the panel’s decision on the application, given under section 252AH (4) .","sortOrder":378},{"sectionNumber":"sec.252BN","sectionType":"section","heading":"Criminal history report","content":"### sec.252BN Criminal history report\n\nThis section applies for considering whether a person—\nis eligible under section 252BD to be appointed as a member of the panel; or\nis to be recommended for removal from office as a member of the panel under section 252BI (2) (a) .\nThe Minister may ask the police commissioner for a written report about the person’s criminal history that includes a brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, if subsection (1) (a) applies, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe police commissioner must comply with the request.\nThe duty to comply applies only to information in the police commissioner’s possession or to which the commissioner has access.\nBefore using information obtained under this section to make a decision, the Minister must—\ndisclose the information to the person; and\nallow the person a reasonable opportunity to make representations to the Minister about the information.\nThe Minister must ensure a report given under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\ns 252BN ins 2022 No. 24 s 24\n(sec.252BN-ssec.1) This section applies for considering whether a person— is eligible under section 252BD to be appointed as a member of the panel; or is to be recommended for removal from office as a member of the panel under section 252BI (2) (a) .\n(sec.252BN-ssec.2) The Minister may ask the police commissioner for a written report about the person’s criminal history that includes a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.252BN-ssec.3) However, if subsection (1) (a) applies, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.252BN-ssec.4) The police commissioner must comply with the request.\n(sec.252BN-ssec.5) The duty to comply applies only to information in the police commissioner’s possession or to which the commissioner has access.\n(sec.252BN-ssec.6) Before using information obtained under this section to make a decision, the Minister must— disclose the information to the person; and allow the person a reasonable opportunity to make representations to the Minister about the information.\n(sec.252BN-ssec.7) The Minister must ensure a report given under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n- (a) is eligible under section 252BD to be appointed as a member of the panel; or\n- (b) is to be recommended for removal from office as a member of the panel under section 252BI (2) (a) .\n- (a) disclose the information to the person; and\n- (b) allow the person a reasonable opportunity to make representations to the Minister about the information.","sortOrder":379},{"sectionNumber":"sec.252BO","sectionType":"section","heading":"Changes in criminal history must be disclosed","content":"### sec.252BO Changes in criminal history must be disclosed\n\nThis section applies if a member is charged with or convicted of an offence mentioned in section 252BD (2) (f) .\nThe member must immediately give the Minister notice of the charge or conviction, unless the member has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe notice must include the following information—\nthe existence of the charge or conviction;\ndetails adequate to identify the offence committed or alleged to have been committed;\nwhen the offence was committed or alleged to have been committed;\nfor a conviction—the sentence imposed on the member.\ns 252BO ins 2022 No. 24 s 24\n(sec.252BO-ssec.1) This section applies if a member is charged with or convicted of an offence mentioned in section 252BD (2) (f) .\n(sec.252BO-ssec.2) The member must immediately give the Minister notice of the charge or conviction, unless the member has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.252BO-ssec.3) The notice must include the following information— the existence of the charge or conviction; details adequate to identify the offence committed or alleged to have been committed; when the offence was committed or alleged to have been committed; for a conviction—the sentence imposed on the member.\n- (a) the existence of the charge or conviction;\n- (b) details adequate to identify the offence committed or alleged to have been committed;\n- (c) when the offence was committed or alleged to have been committed;\n- (d) for a conviction—the sentence imposed on the member.","sortOrder":380},{"sectionNumber":"sec.252BP","sectionType":"section","heading":"Annual performance report","content":"### sec.252BP Annual performance report\n\nAfter the end of each financial year, the chairperson must ensure a written report is given to the Minister about the panel’s performance in relation to the following matters—\nthe operation of the panel for the year and any proposals to improve the operation of the panel;\nthe number of panel review applications received by the panel in the year;\nthe number of applications decided by the panel in the year and a brief description of the nature of the decisions made;\nany matters affecting the panel’s ability to decide applications in the year.\nThe chairperson must give the report to the Minister no later than 3 months after the end of the financial year to which the report relates.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\ns 252BP ins 2022 No. 24 s 24\n(sec.252BP-ssec.1) After the end of each financial year, the chairperson must ensure a written report is given to the Minister about the panel’s performance in relation to the following matters— the operation of the panel for the year and any proposals to improve the operation of the panel; the number of panel review applications received by the panel in the year; the number of applications decided by the panel in the year and a brief description of the nature of the decisions made; any matters affecting the panel’s ability to decide applications in the year.\n(sec.252BP-ssec.2) The chairperson must give the report to the Minister no later than 3 months after the end of the financial year to which the report relates.\n(sec.252BP-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n- (a) the operation of the panel for the year and any proposals to improve the operation of the panel;\n- (b) the number of panel review applications received by the panel in the year;\n- (c) the number of applications decided by the panel in the year and a brief description of the nature of the decisions made;\n- (d) any matters affecting the panel’s ability to decide applications in the year.","sortOrder":381},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Miscellaneous provisions relating to racing and betting","content":"# Miscellaneous provisions relating to racing and betting","sortOrder":382},{"sectionNumber":"sec.253","sectionType":"section","heading":"Betting under this Act is lawful","content":"### sec.253 Betting under this Act is lawful\n\nIf betting on the outcome of a race or sporting contingency is conducted under this Act, the betting is lawful.\nSubsection (1) does not limit the Wagering Act 1998 .\n(sec.253-ssec.1) If betting on the outcome of a race or sporting contingency is conducted under this Act, the betting is lawful.\n(sec.253-ssec.2) Subsection (1) does not limit the Wagering Act 1998 .","sortOrder":383},{"sectionNumber":"sec.254","sectionType":"section","heading":"Time race meeting taken to commence","content":"### sec.254 Time race meeting taken to commence\n\nA race meeting, under the management of a control body, is taken to commence at the time that, under the direction of the steward who is in charge of the race meeting, betting with racing bookmakers may commence.","sortOrder":384},{"sectionNumber":"sec.255","sectionType":"section","heading":"Void betting contracts etc.","content":"### sec.255 Void betting contracts etc.\n\nSubject to sections 139 and 256 —\na contract relating to betting is void; and\na promise, whether express or implied, to do any of the following under or in relation to a contract relating to betting is void—\nto pay money to a person;\nto pay money to a person by way of commission, fee, reward or otherwise;\nto pay money to a person for services rendered; and\nan action may not be brought in a court to recover money or other property—\nalleged to be won or lost on a bet; or\ngiven to a person as a stakeholder for an event on which a bet has been made; or\nlent or advanced for the purpose of betting.\n- (a) a contract relating to betting is void; and\n- (b) a promise, whether express or implied, to do any of the following under or in relation to a contract relating to betting is void— (i) to pay money to a person; (ii) to pay money to a person by way of commission, fee, reward or otherwise; (iii) to pay money to a person for services rendered; and\n- (i) to pay money to a person;\n- (ii) to pay money to a person by way of commission, fee, reward or otherwise;\n- (iii) to pay money to a person for services rendered; and\n- (c) an action may not be brought in a court to recover money or other property— (i) alleged to be won or lost on a bet; or (ii) given to a person as a stakeholder for an event on which a bet has been made; or (iii) lent or advanced for the purpose of betting.\n- (i) alleged to be won or lost on a bet; or\n- (ii) given to a person as a stakeholder for an event on which a bet has been made; or\n- (iii) lent or advanced for the purpose of betting.\n- (i) to pay money to a person;\n- (ii) to pay money to a person by way of commission, fee, reward or otherwise;\n- (iii) to pay money to a person for services rendered; and\n- (i) alleged to be won or lost on a bet; or\n- (ii) given to a person as a stakeholder for an event on which a bet has been made; or\n- (iii) lent or advanced for the purpose of betting.","sortOrder":385},{"sectionNumber":"sec.256","sectionType":"section","heading":"Betting and other activities to which s 255 does not apply","content":"### sec.256 Betting and other activities to which s 255 does not apply\n\nSection 255 does not apply—\nif the betting is conducted under any of the following Acts—\nthe Casino Control Act 1982 ;\nthe Charitable and Non-Profit Gaming Act 1999 ;\nthe Gaming Machine Act 1991 ;\nthe Interactive Gambling (Player Protection) Act 1998 ;\nthe Keno Act 1996 ;\nthe Lotteries Act 1997 ;\nthe Wagering Act 1998 ; or\nto a subscription or contribution, or agreement to subscribe or contribute, for or to a prize, trophy or amount to be awarded to the winner of a lawful game, sport, pastime or exercise or to a person who receives or holds the subscription or contribution for that purpose.\n- (a) if the betting is conducted under any of the following Acts— (i) the Casino Control Act 1982 ; (ii) the Charitable and Non-Profit Gaming Act 1999 ; (iii) the Gaming Machine Act 1991 ; (iv) the Interactive Gambling (Player Protection) Act 1998 ; (v) the Keno Act 1996 ; (vi) the Lotteries Act 1997 ; (vii) the Wagering Act 1998 ; or\n- (i) the Casino Control Act 1982 ;\n- (ii) the Charitable and Non-Profit Gaming Act 1999 ;\n- (iii) the Gaming Machine Act 1991 ;\n- (iv) the Interactive Gambling (Player Protection) Act 1998 ;\n- (v) the Keno Act 1996 ;\n- (vi) the Lotteries Act 1997 ;\n- (vii) the Wagering Act 1998 ; or\n- (b) to a subscription or contribution, or agreement to subscribe or contribute, for or to a prize, trophy or amount to be awarded to the winner of a lawful game, sport, pastime or exercise or to a person who receives or holds the subscription or contribution for that purpose.\n- (i) the Casino Control Act 1982 ;\n- (ii) the Charitable and Non-Profit Gaming Act 1999 ;\n- (iii) the Gaming Machine Act 1991 ;\n- (iv) the Interactive Gambling (Player Protection) Act 1998 ;\n- (v) the Keno Act 1996 ;\n- (vi) the Lotteries Act 1997 ;\n- (vii) the Wagering Act 1998 ; or","sortOrder":386},{"sectionNumber":"ch.7-pt.1A","sectionType":"part","heading":"Miscellaneous provisions relating to stewards’ reports","content":"# Miscellaneous provisions relating to stewards’ reports","sortOrder":387},{"sectionNumber":"sec.256A","sectionType":"section","heading":"Publication of stewards’ reports","content":"### sec.256A Publication of stewards’ reports\n\nThis section applies if a race day steward gives the commission a report in relation to—\nthe races conducted at a race meeting (a race day report ); or\nan incident investigated at a race meeting (an inquiry report ).\nThe commission may publish, on its website, any of the following information in the race day report—\nthe name of the race day steward;\nthe code of racing conducted at the race meeting;\nthe day of the meeting;\nthe licensed venue at which the meeting was conducted;\nthe details of the track conditions at the meeting;\nthe outcome of each race at the meeting;\nany incident investigated by the steward at the meeting;\nthe rules of racing applying to the incident investigated;\nany action taken by the steward in response to the incident investigated.\nThe commission may publish, on its website, any of the following information in the inquiry report—\nthe name of the person investigated;\nthe rules of racing applying to the incident;\nthe decision of the race day steward about the incident;\nthe reasons for the decision.\nThe commission must remove from its website any information published under subsection (2) or (3) no later than—\nif the information relates to disqualification action taken against a person by a race day steward—the day the effect of the action ends; or\notherwise—6 months after the day the information is published.\nThis section applies subject to section 256B .\nIn this section—\ndisqualification action , against a person, see section 252AA .\ns 256A ins 2022 No. 24 s 25\n(sec.256A-ssec.1) This section applies if a race day steward gives the commission a report in relation to— the races conducted at a race meeting (a race day report ); or an incident investigated at a race meeting (an inquiry report ).\n(sec.256A-ssec.2) The commission may publish, on its website, any of the following information in the race day report— the name of the race day steward; the code of racing conducted at the race meeting; the day of the meeting; the licensed venue at which the meeting was conducted; the details of the track conditions at the meeting; the outcome of each race at the meeting; any incident investigated by the steward at the meeting; the rules of racing applying to the incident investigated; any action taken by the steward in response to the incident investigated.\n(sec.256A-ssec.3) The commission may publish, on its website, any of the following information in the inquiry report— the name of the person investigated; the rules of racing applying to the incident; the decision of the race day steward about the incident; the reasons for the decision.\n(sec.256A-ssec.4) The commission must remove from its website any information published under subsection (2) or (3) no later than— if the information relates to disqualification action taken against a person by a race day steward—the day the effect of the action ends; or otherwise—6 months after the day the information is published.\n(sec.256A-ssec.5) This section applies subject to section 256B .\n(sec.256A-ssec.6) In this section— disqualification action , against a person, see section 252AA .\n- (a) the races conducted at a race meeting (a race day report ); or\n- (b) an incident investigated at a race meeting (an inquiry report ).\n- (a) the name of the race day steward;\n- (b) the code of racing conducted at the race meeting;\n- (c) the day of the meeting;\n- (d) the licensed venue at which the meeting was conducted;\n- (e) the details of the track conditions at the meeting;\n- (f) the outcome of each race at the meeting;\n- (g) any incident investigated by the steward at the meeting;\n- (h) the rules of racing applying to the incident investigated;\n- (i) any action taken by the steward in response to the incident investigated.\n- (a) the name of the person investigated;\n- (b) the rules of racing applying to the incident;\n- (c) the decision of the race day steward about the incident;\n- (d) the reasons for the decision.\n- (a) if the information relates to disqualification action taken against a person by a race day steward—the day the effect of the action ends; or\n- (b) otherwise—6 months after the day the information is published.","sortOrder":388},{"sectionNumber":"sec.256B","sectionType":"section","heading":"Request for commission not to publish personal information contained in steward’s report","content":"### sec.256B Request for commission not to publish personal information contained in steward’s report\n\nA person identified in a report may ask the commission, in writing—\nnot to publish any personal information about the person contained in the report; or\nif the information has been published—to remove the information from the commission’s website.\nBefore giving a report to the commission, the race day steward who prepared the report must tell each person identified in the report—\nthat the person may ask the commission not to publish personal information about the person contained in the report; and\nthe requirements that apply, under this section, to the steward and commission in relation to the request.\nIf a person identified in a report tells the race day steward who prepared the report that the person intends to make a request under subsection (1) —\nthe steward must tell the commission of that fact when giving the report to the commission; and\nthe commission must not publish any personal information about the person contained in the report for at least 7 days after the day the report is given to the commission.\nIf the commission receives a request under subsection (1) after publishing the personal information to which the request relates, the commission must remove the information from its website while the commission considers the request.\nFor considering a request under subsection (1) , the commission must not publish personal information if the commission is reasonably satisfied the information should not be made publicly available based on a non-disclosure ground.\nIn this section—\npublish means publish on the commission’s website.\nreport means a race day report or inquiry report within the meaning of section 256A .\ns 256B ins 2022 No. 24 s 25\n(sec.256B-ssec.1) A person identified in a report may ask the commission, in writing— not to publish any personal information about the person contained in the report; or if the information has been published—to remove the information from the commission’s website.\n(sec.256B-ssec.2) Before giving a report to the commission, the race day steward who prepared the report must tell each person identified in the report— that the person may ask the commission not to publish personal information about the person contained in the report; and the requirements that apply, under this section, to the steward and commission in relation to the request.\n(sec.256B-ssec.3) If a person identified in a report tells the race day steward who prepared the report that the person intends to make a request under subsection (1) — the steward must tell the commission of that fact when giving the report to the commission; and the commission must not publish any personal information about the person contained in the report for at least 7 days after the day the report is given to the commission.\n(sec.256B-ssec.4) If the commission receives a request under subsection (1) after publishing the personal information to which the request relates, the commission must remove the information from its website while the commission considers the request.\n(sec.256B-ssec.5) For considering a request under subsection (1) , the commission must not publish personal information if the commission is reasonably satisfied the information should not be made publicly available based on a non-disclosure ground.\n(sec.256B-ssec.6) In this section— publish means publish on the commission’s website. report means a race day report or inquiry report within the meaning of section 256A .\n- (a) not to publish any personal information about the person contained in the report; or\n- (b) if the information has been published—to remove the information from the commission’s website.\n- (a) that the person may ask the commission not to publish personal information about the person contained in the report; and\n- (b) the requirements that apply, under this section, to the steward and commission in relation to the request.\n- (a) the steward must tell the commission of that fact when giving the report to the commission; and\n- (b) the commission must not publish any personal information about the person contained in the report for at least 7 days after the day the report is given to the commission.","sortOrder":389},{"sectionNumber":"sec.256C","sectionType":"section","heading":"Publication of elevated readings for licensed horses","content":"### sec.256C Publication of elevated readings for licensed horses\n\nThis section applies if a race day steward gives the commission any of the following information—\nthe name of a licensed horse that has an elevated reading within a 48-hour period before a race;\nthe name of the licence holder for the horse;\nthe date the elevated reading is measured for the horse.\nThe commission may, on its website, publish a list that states the information.\nIn this section—\nelevated reading , for a licensed horse, means either of the following levels of substance measured in a blood test carried out on the horse—\na level of carbon dioxide that is 35.1 millimoles per litre or higher;\nany level of a prohibited substance.\nlicensed horse means a licensed animal that is a horse.\nprohibited substance means a substance not allowed to be given to a licensed horse under the rules of racing.\ns 256C ins 2022 No. 24 s 25\n(sec.256C-ssec.1) This section applies if a race day steward gives the commission any of the following information— the name of a licensed horse that has an elevated reading within a 48-hour period before a race; the name of the licence holder for the horse; the date the elevated reading is measured for the horse.\n(sec.256C-ssec.2) The commission may, on its website, publish a list that states the information.\n(sec.256C-ssec.3) In this section— elevated reading , for a licensed horse, means either of the following levels of substance measured in a blood test carried out on the horse— a level of carbon dioxide that is 35.1 millimoles per litre or higher; any level of a prohibited substance. licensed horse means a licensed animal that is a horse. prohibited substance means a substance not allowed to be given to a licensed horse under the rules of racing.\n- (a) the name of a licensed horse that has an elevated reading within a 48-hour period before a race;\n- (b) the name of the licence holder for the horse;\n- (c) the date the elevated reading is measured for the horse.\n- (a) a level of carbon dioxide that is 35.1 millimoles per litre or higher;\n- (b) any level of a prohibited substance.","sortOrder":390},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Other miscellaneous provisions","content":"# Other miscellaneous provisions","sortOrder":391},{"sectionNumber":"sec.257","sectionType":"section","heading":"Approved forms","content":"### sec.257 Approved forms\n\nThe chief executive or the commissioner may approve forms for use under this Act.","sortOrder":392},{"sectionNumber":"sec.258","sectionType":"section","heading":"Delegations","content":"### sec.258 Delegations\n\nThe Minister may delegate the Minister’s powers under this Act to the chief executive, the commissioner or an appropriately qualified person.\nThe chief executive may delegate the following to an appropriately qualified person—\nthe chief executive’s powers under this Act;\na power delegated to the chief executive under subsection (1) .\ns 258 amd 2022 No. 24 s 19\n(sec.258-ssec.1) The Minister may delegate the Minister’s powers under this Act to the chief executive, the commissioner or an appropriately qualified person.\n(sec.258-ssec.2) The chief executive may delegate the following to an appropriately qualified person— the chief executive’s powers under this Act; a power delegated to the chief executive under subsection (1) .\n- (a) the chief executive’s powers under this Act;\n- (b) a power delegated to the chief executive under subsection (1) .","sortOrder":393},{"sectionNumber":"sec.259","sectionType":"section","heading":"Protection from civil liability","content":"### sec.259 Protection from civil liability\n\nThis section applies to each of the following persons (a relevant person )—\nthe commissioner;\na deputy commissioner;\na member of the Racing Appeals Panel, including the chairperson or a deputy chairperson;\nthe registrar of the Racing Appeals Panel;\na steward;\nif an authorised officer has asked another person to help the officer to exercise a power under this Act and the other person is giving the help—the other person;\na person who, under this Act, is required to comply, and is complying, with a direction or requirement under section 171 (1) or (2) , 176 (1) , 181 (2) (c) , 199 (1) or 202 (2) .\nA relevant person does not incur civil liability for engaging, or for the result of engaging, in connection with—\nfor a relevant person mentioned in subsection (1) (a) , (b) or (e) —performing a function or exercising a power; or\nfor a relevant person mentioned in subsection (1) (f) or (g) —giving the help or acting under the direction or requirement.\nIf subsection (2) prevents a civil liability attaching to a relevant person, the liability attaches instead to the State.\nIf liability attaches to the State under subsection (3) , the State may recover contribution from the relevant person but only if the conduct was engaged in—\nother than in good faith; and\nwith gross negligence.\nIn a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\nThis section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 engaging in conduct in an official capacity under section 269 of that Act.\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\nIn this section—\ncivil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.\nconduct means an act or omission to perform an act.\ns 259 amd 2022 No. 34 s 365 sch 3 ; 2022 No. 24 s 26\n(sec.259-ssec.1) This section applies to each of the following persons (a relevant person )— the commissioner; a deputy commissioner; a member of the Racing Appeals Panel, including the chairperson or a deputy chairperson; the registrar of the Racing Appeals Panel; a steward; if an authorised officer has asked another person to help the officer to exercise a power under this Act and the other person is giving the help—the other person; a person who, under this Act, is required to comply, and is complying, with a direction or requirement under section 171 (1) or (2) , 176 (1) , 181 (2) (c) , 199 (1) or 202 (2) .\n(sec.259-ssec.2) A relevant person does not incur civil liability for engaging, or for the result of engaging, in connection with— for a relevant person mentioned in subsection (1) (a) , (b) or (e) —performing a function or exercising a power; or for a relevant person mentioned in subsection (1) (f) or (g) —giving the help or acting under the direction or requirement.\n(sec.259-ssec.3) If subsection (2) prevents a civil liability attaching to a relevant person, the liability attaches instead to the State.\n(sec.259-ssec.4) If liability attaches to the State under subsection (3) , the State may recover contribution from the relevant person but only if the conduct was engaged in— other than in good faith; and with gross negligence.\n(sec.259-ssec.5) In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\n(sec.259-ssec.6) This section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 engaging in conduct in an official capacity under section 269 of that Act. For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\n(sec.259-ssec.7) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act. conduct means an act or omission to perform an act.\n- (a) the commissioner;\n- (b) a deputy commissioner;\n- (c) a member of the Racing Appeals Panel, including the chairperson or a deputy chairperson;\n- (d) the registrar of the Racing Appeals Panel;\n- (e) a steward;\n- (f) if an authorised officer has asked another person to help the officer to exercise a power under this Act and the other person is giving the help—the other person;\n- (g) a person who, under this Act, is required to comply, and is complying, with a direction or requirement under section 171 (1) or (2) , 176 (1) , 181 (2) (c) , 199 (1) or 202 (2) .\n- (a) for a relevant person mentioned in subsection (1) (a) , (b) or (e) —performing a function or exercising a power; or\n- (b) for a relevant person mentioned in subsection (1) (f) or (g) —giving the help or acting under the direction or requirement.\n- (a) other than in good faith; and\n- (b) with gross negligence.","sortOrder":394},{"sectionNumber":"sec.260","sectionType":"section","heading":"Protection from liability for giving information","content":"### sec.260 Protection from liability for giving information\n\nThis section applies if a person, acting honestly and in good faith, gives an authorised officer information the person reasonably believes may help with an investigation of an animal welfare offence.\nActing in good faith may include a person choosing a time and a place to give the information to an authorised officer to avoid other people overhearing the information.\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (2) and (3) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\n(sec.260-ssec.1) This section applies if a person, acting honestly and in good faith, gives an authorised officer information the person reasonably believes may help with an investigation of an animal welfare offence. Acting in good faith may include a person choosing a time and a place to give the information to an authorised officer to avoid other people overhearing the information.\n(sec.260-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.260-ssec.3) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.260-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":395},{"sectionNumber":"sec.261","sectionType":"section","heading":"Sharing of information by authorised officer","content":"### sec.261 Sharing of information by authorised officer\n\nDespite section 212 , an authorised officer may give information obtained under this Act in the following circumstances—\nto a police officer if the authorised officer considers the information will help a police officer in the performance of the police officer’s functions in relation to—\nan animal; or\nan animal welfare offence;\nto an ACPA authorised person if the authorised officer considers the information will help an ACPA authorised person in the performance of the person’s functions under the Animal Care and Protection Act 2001 in relation to—\nan animal; or\nan animal welfare offence.\nIn this section—\nACPA authorised person means an authorised officer, or inspector, under the Animal Care and Protection Act 2001 .\n(sec.261-ssec.1) Despite section 212 , an authorised officer may give information obtained under this Act in the following circumstances— to a police officer if the authorised officer considers the information will help a police officer in the performance of the police officer’s functions in relation to— an animal; or an animal welfare offence; to an ACPA authorised person if the authorised officer considers the information will help an ACPA authorised person in the performance of the person’s functions under the Animal Care and Protection Act 2001 in relation to— an animal; or an animal welfare offence.\n(sec.261-ssec.2) In this section— ACPA authorised person means an authorised officer, or inspector, under the Animal Care and Protection Act 2001 .\n- (a) to a police officer if the authorised officer considers the information will help a police officer in the performance of the police officer’s functions in relation to— (i) an animal; or (ii) an animal welfare offence;\n- (i) an animal; or\n- (ii) an animal welfare offence;\n- (b) to an ACPA authorised person if the authorised officer considers the information will help an ACPA authorised person in the performance of the person’s functions under the Animal Care and Protection Act 2001 in relation to— (i) an animal; or (ii) an animal welfare offence.\n- (i) an animal; or\n- (ii) an animal welfare offence.\n- (i) an animal; or\n- (ii) an animal welfare offence;\n- (i) an animal; or\n- (ii) an animal welfare offence.","sortOrder":396},{"sectionNumber":"sec.262","sectionType":"section","heading":"Interaction with other laws","content":"### sec.262 Interaction with other laws\n\nSections 260 and 261 do not limit a power or obligation under another Act or law to give information about an animal or an animal welfare offence.\nSections 260 and 261 apply to information despite any other law that would otherwise prohibit or restrict the giving of the information.\nPolice Service Administration Act 1990 , section 10 0.1\n(sec.262-ssec.1) Sections 260 and 261 do not limit a power or obligation under another Act or law to give information about an animal or an animal welfare offence.\n(sec.262-ssec.2) Sections 260 and 261 apply to information despite any other law that would otherwise prohibit or restrict the giving of the information. Police Service Administration Act 1990 , section 10 0.1","sortOrder":397},{"sectionNumber":"sec.263","sectionType":"section","heading":"Executive officer may be taken to have committed offence","content":"### sec.263 Executive officer may be taken to have committed offence\n\nIf a corporation commits an offence against section 195 , each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against section 195 whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against section 195 ;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 195 .\n(sec.263-ssec.1) If a corporation commits an offence against section 195 , each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.263-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against section 195 whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.263-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against section 195 ; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 195 .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against section 195 ;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 195 .","sortOrder":398},{"sectionNumber":"sec.264","sectionType":"section","heading":null,"content":"### Section sec.264\n\ns 264 om 2019 No. 26 s 290 sch 2","sortOrder":399},{"sectionNumber":"sec.265","sectionType":"section","heading":"Fees etc. owing to the State are debts","content":"### sec.265 Fees etc. owing to the State are debts\n\nAll fees and other amounts due and payable under this Act by a person to the State may be recovered as a debt.","sortOrder":400},{"sectionNumber":"sec.266","sectionType":"section","heading":"Regulation-making power","content":"### sec.266 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may make provision with respect to—\nthe matters to be included in a program to audit the suitability of licensed animals and participants to continue to be licensed; and\nthe matters to be included in a program for assessing the suitability of control bodies to manage their codes of racing; and\nthe provisions, or provisions of a type, that must be included in the standards for a code of racing;\na law of another State as a law about racing or betting; and\nthe fees payable under this Act;\nimposing a penalty of no more than 20 penalty units for a contravention of a regulation.\n(sec.266-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.266-ssec.2) A regulation may make provision with respect to— the matters to be included in a program to audit the suitability of licensed animals and participants to continue to be licensed; and the matters to be included in a program for assessing the suitability of control bodies to manage their codes of racing; and the provisions, or provisions of a type, that must be included in the standards for a code of racing; a law of another State as a law about racing or betting; and the fees payable under this Act; imposing a penalty of no more than 20 penalty units for a contravention of a regulation.\n- (a) the matters to be included in a program to audit the suitability of licensed animals and participants to continue to be licensed; and\n- (b) the matters to be included in a program for assessing the suitability of control bodies to manage their codes of racing; and\n- (c) the provisions, or provisions of a type, that must be included in the standards for a code of racing;\n- (d) a law of another State as a law about racing or betting; and\n- (e) the fees payable under this Act;\n- (f) imposing a penalty of no more than 20 penalty units for a contravention of a regulation.","sortOrder":401},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Purposes and definitions","content":"# Purposes and definitions","sortOrder":402},{"sectionNumber":"sec.267","sectionType":"section","heading":"Main purposes","content":"### sec.267 Main purposes\n\nThe main purposes of this chapter are—\nto provide for provisions of this Act, that are substantially the same as particular provisions of the Racing Act 2002 as in force immediately before the commencement, to be dealt with as replacements of the particular provisions; and\nwithout limiting paragraph (a), if a matter was dealt with under particular provisions of the Racing Act 2002 as in force immediately before the commencement, to provide for the continuation of the matter under this Act.\n- (a) to provide for provisions of this Act, that are substantially the same as particular provisions of the Racing Act 2002 as in force immediately before the commencement, to be dealt with as replacements of the particular provisions; and\n- (b) without limiting paragraph (a), if a matter was dealt with under particular provisions of the Racing Act 2002 as in force immediately before the commencement, to provide for the continuation of the matter under this Act.","sortOrder":403},{"sectionNumber":"sec.268","sectionType":"section","heading":"Definitions for chapter","content":"### sec.268 Definitions for chapter\n\nIn this chapter—\ncontinuing matter means an existing matter under a previous provision in relation to which there is a corresponding provision and that, as stated in section 269(2), is continued in force or to have effect.\ncorresponding provision , for a previous provision, means a provision of this Act that is substantially the same as or equivalent to the previous provision.\nexisting matter , in relation to a previous provision, see section 269.\nmade includes given and issued.\nobligation includes duty.\nprevious , for a stated provision of the unamended Act that includes a number, means the provision of the unamended Act with that number immediately before the commencement.\nprevious provision means any of the following provisions of the unamended Act—\nsections 47 to 51;\nchapter 3, part 2, divisions 2 and 3;\nchapter 3A, part 3;\nchapter 6, parts 1 and 3A to 5;\nchapter 7;\nsection 352.\nprotection includes a statement to the effect of any of the following—\nthat there is no liability;\nthat there is no invalidity;\nthat a person has an entitlement.\nunamended Act means the Racing Act 2002 as in force immediately before the commencement.\nA provision of this Act is substantially the same as or equivalent to a previous provision even if, under the provision of this Act, the commission or the commissioner may perform a function or exercise a power and any of the following could have performed the function or exercised the power under the previous provision—\nthe chief executive;\nthe all-codes board;\nthe Racing Integrity Commissioner;\na control body.\nA provision of this Act is substantially the same as or equivalent to a previous provision even if, under the provision of this Act, an authorised officer may perform a function or exercise a power and any of the following could have performed the function or exercised the power under the previous provision—\na compliance officer;\nan integrity officer;\nan authorised officer.\nPrevious section 261(2) provided that a reference in the unamended Act to an authorised officer is a reference to a compliance officer or an integrity officer.\n(sec.268-ssec.1) In this chapter— continuing matter means an existing matter under a previous provision in relation to which there is a corresponding provision and that, as stated in section 269(2), is continued in force or to have effect. corresponding provision , for a previous provision, means a provision of this Act that is substantially the same as or equivalent to the previous provision. existing matter , in relation to a previous provision, see section 269. made includes given and issued. obligation includes duty. previous , for a stated provision of the unamended Act that includes a number, means the provision of the unamended Act with that number immediately before the commencement. previous provision means any of the following provisions of the unamended Act— sections 47 to 51; chapter 3, part 2, divisions 2 and 3; chapter 3A, part 3; chapter 6, parts 1 and 3A to 5; chapter 7; section 352. protection includes a statement to the effect of any of the following— that there is no liability; that there is no invalidity; that a person has an entitlement. unamended Act means the Racing Act 2002 as in force immediately before the commencement.\n(sec.268-ssec.2) A provision of this Act is substantially the same as or equivalent to a previous provision even if, under the provision of this Act, the commission or the commissioner may perform a function or exercise a power and any of the following could have performed the function or exercised the power under the previous provision— the chief executive; the all-codes board; the Racing Integrity Commissioner; a control body.\n(sec.268-ssec.3) A provision of this Act is substantially the same as or equivalent to a previous provision even if, under the provision of this Act, an authorised officer may perform a function or exercise a power and any of the following could have performed the function or exercised the power under the previous provision— a compliance officer; an integrity officer; an authorised officer. Previous section 261(2) provided that a reference in the unamended Act to an authorised officer is a reference to a compliance officer or an integrity officer.\n- (a) sections 47 to 51;\n- (b) chapter 3, part 2, divisions 2 and 3;\n- (c) chapter 3A, part 3;\n- (d) chapter 6, parts 1 and 3A to 5;\n- (e) chapter 7;\n- (f) section 352.\n- (a) that there is no liability;\n- (b) that there is no invalidity;\n- (c) that a person has an entitlement.\n- (a) the chief executive;\n- (b) the all-codes board;\n- (c) the Racing Integrity Commissioner;\n- (d) a control body.\n- (a) a compliance officer;\n- (b) an integrity officer;\n- (c) an authorised officer. Note— Previous section 261(2) provided that a reference in the unamended Act to an authorised officer is a reference to a compliance officer or an integrity officer.","sortOrder":404},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"General approach for existing matters under previous provisions","content":"# General approach for existing matters under previous provisions","sortOrder":405},{"sectionNumber":"sec.269","sectionType":"section","heading":"Document, action, obligation, right or protection under previous provision","content":"### sec.269 Document, action, obligation, right or protection under previous provision\n\nThis section applies to each of the following matters (each an existing matter )—\na document made or kept under a previous provision if the document continued to have effect or was in force immediately before the commencement;\nan action done under a previous provision if the action continued to have effect immediately before the commencement;\nan entity’s obligation or right to take action (including a ground for action) under a previous provision if the obligation applied to the entity, or the right to take the action existed, immediately before the commencement;\nan entity’s protection under a previous provision that applied to the entity immediately before the commencement;\nSubject to a specific provision of this Act about an existing matter in relation to a previous provision, if there is a corresponding provision for the previous provision, the document, action, obligation, right or protection that is the existing matter—\ncontinues in force or to have effect according to its terms; but\nis taken to have existed or been made, kept, done or applied under the corresponding provision and may be dealt with under this Act.\nAn existing appointment of a person as a compliance or integrity officer continues to have effect according to its terms. See also section 270(3). The appointment may be terminated under this Act. Also the commission may issue a new identity card under this Act to the person.\nSubsection (2)(b) applies whether or not the previous provision refers to the existing matter under a previous provision generally or by reference to the previous provision.\nThis section is subject to the Racing Act, section 223.\nPart 3 includes examples for this section.\nThe examples are examples under the Acts Interpretation Act 1954 , section 14D.\ns 269 amd 2002 No. 58 s 170 sch 2\n(sec.269-ssec.1) This section applies to each of the following matters (each an existing matter )— a document made or kept under a previous provision if the document continued to have effect or was in force immediately before the commencement; an action done under a previous provision if the action continued to have effect immediately before the commencement; an entity’s obligation or right to take action (including a ground for action) under a previous provision if the obligation applied to the entity, or the right to take the action existed, immediately before the commencement; an entity’s protection under a previous provision that applied to the entity immediately before the commencement;\n(sec.269-ssec.2) Subject to a specific provision of this Act about an existing matter in relation to a previous provision, if there is a corresponding provision for the previous provision, the document, action, obligation, right or protection that is the existing matter— continues in force or to have effect according to its terms; but is taken to have existed or been made, kept, done or applied under the corresponding provision and may be dealt with under this Act. An existing appointment of a person as a compliance or integrity officer continues to have effect according to its terms. See also section 270(3). The appointment may be terminated under this Act. Also the commission may issue a new identity card under this Act to the person.\n(sec.269-ssec.3) Subsection (2)(b) applies whether or not the previous provision refers to the existing matter under a previous provision generally or by reference to the previous provision.\n(sec.269-ssec.4) This section is subject to the Racing Act, section 223.\n(sec.269-ssec.5) Part 3 includes examples for this section. The examples are examples under the Acts Interpretation Act 1954 , section 14D. s 269 amd 2002 No. 58 s 170 sch 2\n- (a) a document made or kept under a previous provision if the document continued to have effect or was in force immediately before the commencement;\n- (b) an action done under a previous provision if the action continued to have effect immediately before the commencement;\n- (c) an entity’s obligation or right to take action (including a ground for action) under a previous provision if the obligation applied to the entity, or the right to take the action existed, immediately before the commencement;\n- (d) an entity’s protection under a previous provision that applied to the entity immediately before the commencement;\n- (a) continues in force or to have effect according to its terms; but\n- (b) is taken to have existed or been made, kept, done or applied under the corresponding provision and may be dealt with under this Act.","sortOrder":406},{"sectionNumber":"sec.270","sectionType":"section","heading":"Terminology in things mentioned in s 269","content":"### sec.270 Terminology in things mentioned in s 269\n\nThis section applies to a document (the relevant document ) that is—\na document mentioned in section 269(1); or\nevidence of an existing matter under a previous provision.\nA reference in the relevant document to an existing matter under a previous provision is to be read, if the context permits and with the necessary changes to terminology, as if the existing matter existed or were made, kept, done, applied or otherwise provided for under this Act.\nWithout limiting subsection (2), it is declared that a reference in a relevant document to—\nthe appointment of a person as a compliance officer or an integrity officer under previous section 261 is an existing matter under a previous provision; and\nthe necessary changes include that the relevant document is to be read as if the appointment of the person were an appointment of the person as an authorised officer under this Act.\n(sec.270-ssec.1) This section applies to a document (the relevant document ) that is— a document mentioned in section 269(1); or evidence of an existing matter under a previous provision.\n(sec.270-ssec.2) A reference in the relevant document to an existing matter under a previous provision is to be read, if the context permits and with the necessary changes to terminology, as if the existing matter existed or were made, kept, done, applied or otherwise provided for under this Act.\n(sec.270-ssec.3) Without limiting subsection (2), it is declared that a reference in a relevant document to— the appointment of a person as a compliance officer or an integrity officer under previous section 261 is an existing matter under a previous provision; and the necessary changes include that the relevant document is to be read as if the appointment of the person were an appointment of the person as an authorised officer under this Act.\n- (a) a document mentioned in section 269(1); or\n- (b) evidence of an existing matter under a previous provision.\n- (a) the appointment of a person as a compliance officer or an integrity officer under previous section 261 is an existing matter under a previous provision; and\n- (b) the necessary changes include that the relevant document is to be read as if the appointment of the person were an appointment of the person as an authorised officer under this Act.","sortOrder":407},{"sectionNumber":"sec.271","sectionType":"section","heading":"Period stated in previous provision","content":"### sec.271 Period stated in previous provision\n\nThis section applies if, under a previous provision, there was a period for doing something, and the period for doing the thing started but did not finish before the commencement.\nIf there is a corresponding provision to the previous provision and both the corresponding provision and the previous provision provide for the same period, the period for doing the thing continues to have started from when the period started under the previous provision.\nSee previous section 214 and section 102.\nSee previous section 248I and section 130.\n(sec.271-ssec.1) This section applies if, under a previous provision, there was a period for doing something, and the period for doing the thing started but did not finish before the commencement.\n(sec.271-ssec.2) If there is a corresponding provision to the previous provision and both the corresponding provision and the previous provision provide for the same period, the period for doing the thing continues to have started from when the period started under the previous provision. See previous section 214 and section 102. See previous section 248I and section 130.\n- 1 See previous section 214 and section 102.\n- 2 See previous section 248I and section 130.","sortOrder":408},{"sectionNumber":"sec.272","sectionType":"section","heading":"Period or day stated in document given under previous provision","content":"### sec.272 Period or day stated in document given under previous provision\n\nThis section applies if—\na previous provision provided for a document to be made under it; and\nthere is a corresponding provision to the previous provision; and\nunder the previous provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement.\nIf the document stated a period for doing something—\nthe stated period continues to apply for doing the thing; and\nthe period continues to have started from when the period started under the previous provision.\nIf the document stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\nIf the previous provision and corresponding provision provided that, if the thing were not done by the end of the stated period, the person is liable for an offence for the failure or may be subject to a penalty for the failure, the person does not commit an offence until the stated period ends.\n(sec.272-ssec.1) This section applies if— a previous provision provided for a document to be made under it; and there is a corresponding provision to the previous provision; and under the previous provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement.\n(sec.272-ssec.2) If the document stated a period for doing something— the stated period continues to apply for doing the thing; and the period continues to have started from when the period started under the previous provision.\n(sec.272-ssec.3) If the document stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\n(sec.272-ssec.4) If the previous provision and corresponding provision provided that, if the thing were not done by the end of the stated period, the person is liable for an offence for the failure or may be subject to a penalty for the failure, the person does not commit an offence until the stated period ends.\n- (a) a previous provision provided for a document to be made under it; and\n- (b) there is a corresponding provision to the previous provision; and\n- (c) under the previous provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement.\n- (a) the stated period continues to apply for doing the thing; and\n- (b) the period continues to have started from when the period started under the previous provision.","sortOrder":409},{"sectionNumber":"sec.273","sectionType":"section","heading":"Action happening before commencement may be relevant to proceeding for particular acts or omissions","content":"### sec.273 Action happening before commencement may be relevant to proceeding for particular acts or omissions\n\nDespite the Acts Interpretation Act 1954 , section 20C, an existing matter under a previous provision is not precluded from having relevance to—\nan act or omission that happened before the commencement constituting grounds for suspending or cancelling a licence under this Act; or\na proceeding relating to a contravention of a provision of this Act involving an act or omission that happened after the commencement.\nIn this section—\ncontravention includes an alleged contravention.\n(sec.273-ssec.1) Despite the Acts Interpretation Act 1954 , section 20C, an existing matter under a previous provision is not precluded from having relevance to— an act or omission that happened before the commencement constituting grounds for suspending or cancelling a licence under this Act; or a proceeding relating to a contravention of a provision of this Act involving an act or omission that happened after the commencement.\n(sec.273-ssec.2) In this section— contravention includes an alleged contravention.\n- (a) an act or omission that happened before the commencement constituting grounds for suspending or cancelling a licence under this Act; or\n- (b) a proceeding relating to a contravention of a provision of this Act involving an act or omission that happened after the commencement.","sortOrder":410},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Examples of continuing matters for previous provisions","content":"# Examples of continuing matters for previous provisions","sortOrder":411},{"sectionNumber":"sec.274","sectionType":"section","heading":"Examples for previous ss 47–51","content":"### sec.274 Examples for previous ss 47–51\n\nThe following are examples of continuing matters dealt with under previous sections 47 to 51—\nan investigation of a control body as mentioned in previous section 47 or a control body associate as mentioned in previous section 48;\na notice given to a control body or control body associate as mentioned in previous section 49;\na request given to the police commissioner as mentioned in previous section 51.\n- (a) an investigation of a control body as mentioned in previous section 47 or a control body associate as mentioned in previous section 48;\n- (b) a notice given to a control body or control body associate as mentioned in previous section 49;\n- (c) a request given to the police commissioner as mentioned in previous section 51.","sortOrder":412},{"sectionNumber":"sec.275","sectionType":"section","heading":"Examples for previous ch 3, pt 2, divs 2 and 3","content":"### sec.275 Examples for previous ch 3, pt 2, divs 2 and 3\n\nThe following are examples of continuing matters dealt with under previous chapter 3, part 2, division 2 or 3—\na policy for a code of racing, or provisions of a policy, to the extent the policy or provisions are for a licensing scheme as mentioned in previous chapter 3, part 2, division 2;\nan application for a licence as mentioned in previous section 88 that has not been granted or refused before the commencement.\nFor subsection (1)(a), a policy or provisions of a policy mentioned in that paragraph are taken to be standards made under this Act.\nFor subsection (1)(b), the application for a licence is taken to have been made to the commission and, for that purpose, the control body to which the application was made must give the commission the application and any document or information relevant to the application.\n(sec.275-ssec.1) The following are examples of continuing matters dealt with under previous chapter 3, part 2, division 2 or 3— a policy for a code of racing, or provisions of a policy, to the extent the policy or provisions are for a licensing scheme as mentioned in previous chapter 3, part 2, division 2; an application for a licence as mentioned in previous section 88 that has not been granted or refused before the commencement.\n(sec.275-ssec.2) For subsection (1)(a), a policy or provisions of a policy mentioned in that paragraph are taken to be standards made under this Act.\n(sec.275-ssec.3) For subsection (1)(b), the application for a licence is taken to have been made to the commission and, for that purpose, the control body to which the application was made must give the commission the application and any document or information relevant to the application.\n- (a) a policy for a code of racing, or provisions of a policy, to the extent the policy or provisions are for a licensing scheme as mentioned in previous chapter 3, part 2, division 2;\n- (b) an application for a licence as mentioned in previous section 88 that has not been granted or refused before the commencement.","sortOrder":413},{"sectionNumber":"sec.276","sectionType":"section","heading":"Examples for previous ch 3A, pt 3","content":"### sec.276 Examples for previous ch 3A, pt 3\n\nThe following are examples of continuing matters dealt with under previous chapter 3A, part 3—\na notice requiring a person to attend to answer questions relevant to an audit or investigation as mentioned in previous section 113AU;\na notice requiring a person to give information or produce a document or thing as mentioned in previous section 113AV;\nan obligation applying to a person given a notice under previous section 113AU or 113AV, or appearing as a witness at an audit or investigation, as mentioned in previous section 113AW.\n- (a) a notice requiring a person to attend to answer questions relevant to an audit or investigation as mentioned in previous section 113AU;\n- (b) a notice requiring a person to give information or produce a document or thing as mentioned in previous section 113AV;\n- (c) an obligation applying to a person given a notice under previous section 113AU or 113AV, or appearing as a witness at an audit or investigation, as mentioned in previous section 113AW.","sortOrder":414},{"sectionNumber":"sec.277","sectionType":"section","heading":"Examples for previous ch 6, pts 1 and 3A to 5","content":"### sec.277 Examples for previous ch 6, pts 1 and 3A to 5\n\nThe following are examples of continuing matters dealt with under previous chapter 6, parts 1 and 3A to 5—\nan application for an offcourse approval as mentioned in previous section 243 that has not been granted or refused before the commencement, a notice requesting further information or a document to decide the application as mentioned in previous section 244 or 245 and a notice asking an applicant to review an undertaking that accompanied an application as mentioned in previous section 246;\na notice of a decision about an application for an offcourse approval as mentioned in previous section 248B;\na ground for cancelling a bookmaker’s offcourse approval as mentioned in previous section 248C, a show cause notice relating to a ground as mentioned in previous section 248D and the obligation to consider all representations in relation to the show cause notice as mentioned in previous section 248F;\na notice about the decision to cancel a bookmaker’s offcourse approval given to the bookmaker as mentioned in previous section 248H and the obligation to comply with a direction to return the offcourse approval as mentioned in previous section 248I;\nan information notice about the censure of a racing bookmaker as mentioned in previous section 248K or the immediate suspension of an offcourse approval as mentioned in previous section 248M;\nan approval of a telecommunications system and the making of a bet, a consent to a recording of a betting transaction and the confirmation of the transaction, as mentioned in previous section 249(1);\na direction for an independent audit of a telecommunications system and a requirement to give the Minister the results of the audit, as mentioned in previous section 249(3);\na declaration of sporting contingency as mentioned in previous section 255 that has not happened before the commencement;\nan application to authorise a person to act as a racing bookmaker’s agent by carrying on bookmaking as the racing bookmaker for a period as mentioned in previous section 256 and an authority granted under that section;\nan obligation to give notice about a licensing, a refusal to licence or the exercising of disciplinary action as mentioned in previous section 257 or the power to give information as mentioned in previous section 258;\na delegation as mentioned in previous section 259 and an approval of forms as mentioned in previous section 260.\n- (a) an application for an offcourse approval as mentioned in previous section 243 that has not been granted or refused before the commencement, a notice requesting further information or a document to decide the application as mentioned in previous section 244 or 245 and a notice asking an applicant to review an undertaking that accompanied an application as mentioned in previous section 246;\n- (b) a notice of a decision about an application for an offcourse approval as mentioned in previous section 248B;\n- (c) a ground for cancelling a bookmaker’s offcourse approval as mentioned in previous section 248C, a show cause notice relating to a ground as mentioned in previous section 248D and the obligation to consider all representations in relation to the show cause notice as mentioned in previous section 248F;\n- (d) a notice about the decision to cancel a bookmaker’s offcourse approval given to the bookmaker as mentioned in previous section 248H and the obligation to comply with a direction to return the offcourse approval as mentioned in previous section 248I;\n- (e) an information notice about the censure of a racing bookmaker as mentioned in previous section 248K or the immediate suspension of an offcourse approval as mentioned in previous section 248M;\n- (f) an approval of a telecommunications system and the making of a bet, a consent to a recording of a betting transaction and the confirmation of the transaction, as mentioned in previous section 249(1);\n- (g) a direction for an independent audit of a telecommunications system and a requirement to give the Minister the results of the audit, as mentioned in previous section 249(3);\n- (h) a declaration of sporting contingency as mentioned in previous section 255 that has not happened before the commencement;\n- (i) an application to authorise a person to act as a racing bookmaker’s agent by carrying on bookmaking as the racing bookmaker for a period as mentioned in previous section 256 and an authority granted under that section;\n- (j) an obligation to give notice about a licensing, a refusal to licence or the exercising of disciplinary action as mentioned in previous section 257 or the power to give information as mentioned in previous section 258;\n- (k) a delegation as mentioned in previous section 259 and an approval of forms as mentioned in previous section 260.","sortOrder":415},{"sectionNumber":"sec.278","sectionType":"section","heading":"Examples for previous ch 7","content":"### sec.278 Examples for previous ch 7\n\nThe following are examples of continuing matters dealt with under previous chapter 7—\nsubject to section 270(3), the appointment of a person as a compliance officer or an integrity officer as mentioned in previous section 261, including conditions stated in the officer’s instrument of appointment or a signed notice given to the officer as mentioned in previous section 263;\nPrevious section 261(2) provided that a reference in the unamended Act to an authorised officer is a reference to a compliance officer or an integrity officer.\nan identity card that was issued to a person mentioned in paragraph (a) under previous section 264;\nan application for a warrant as mentioned in previous section 273 or 275 that has not been granted or refused before the commencement, and a warrant issued by a magistrate under previous section 274 or a special warrant issued under previous section 275;\nthe seizure of a thing before the commencement as mentioned in previous chapter 7, part 2, division 4 and obligations under that division for not tampering, or attempting to tamper, with a thing, or something restricting access to a thing, seized before the commencement, or for returning a thing seized before the commencement;\nthe entitlement to be paid reasonable compensation as mentioned in previous section 309 in relation to loss or damage that happened before the commencement.\n- (a) subject to section 270(3), the appointment of a person as a compliance officer or an integrity officer as mentioned in previous section 261, including conditions stated in the officer’s instrument of appointment or a signed notice given to the officer as mentioned in previous section 263; Note— Previous section 261(2) provided that a reference in the unamended Act to an authorised officer is a reference to a compliance officer or an integrity officer.\n- (b) an identity card that was issued to a person mentioned in paragraph (a) under previous section 264;\n- (c) an application for a warrant as mentioned in previous section 273 or 275 that has not been granted or refused before the commencement, and a warrant issued by a magistrate under previous section 274 or a special warrant issued under previous section 275;\n- (d) the seizure of a thing before the commencement as mentioned in previous chapter 7, part 2, division 4 and obligations under that division for not tampering, or attempting to tamper, with a thing, or something restricting access to a thing, seized before the commencement, or for returning a thing seized before the commencement;\n- (e) the entitlement to be paid reasonable compensation as mentioned in previous section 309 in relation to loss or damage that happened before the commencement.","sortOrder":416},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":417},{"sectionNumber":"ch.8-pt.4-div.1","sectionType":"division","heading":"Staff of the commission","content":"## Staff of the commission","sortOrder":418},{"sectionNumber":"sec.279","sectionType":"section","heading":"What is the employee register","content":"### sec.279 What is the employee register\n\nThe employee register is a register of employees of the board that is prepared for the commission and approved by the chief executive.\nUnder the Racing Act, section 6, the Queensland All Codes Racing Industry Board is continued in existence under that Act under the name Racing Queensland Board and is referred to as the board.\nIt must be stated in the employee register, for each employee of the board whose name is stated in the employee register, whether the employee is employed by the board as a race day steward.\nThe chief executive may approve the employee register for the purpose of subsection (1).\nAt any time within 1 year after the commencement, the chief executive may change the employee register to correct an omission or error.\n(sec.279-ssec.1) The employee register is a register of employees of the board that is prepared for the commission and approved by the chief executive. Under the Racing Act, section 6, the Queensland All Codes Racing Industry Board is continued in existence under that Act under the name Racing Queensland Board and is referred to as the board.\n(sec.279-ssec.2) It must be stated in the employee register, for each employee of the board whose name is stated in the employee register, whether the employee is employed by the board as a race day steward.\n(sec.279-ssec.3) The chief executive may approve the employee register for the purpose of subsection (1).\n(sec.279-ssec.4) At any time within 1 year after the commencement, the chief executive may change the employee register to correct an omission or error.","sortOrder":419},{"sectionNumber":"sec.280","sectionType":"section","heading":"Who is a transferable employee","content":"### sec.280 Who is a transferable employee\n\nA transferable employee is a person—\nwho, immediately before the commencement, was an employee of the board; and\nwhose name is stated in the employee register as an employee to be transferred to the commission.\n- (a) who, immediately before the commencement, was an employee of the board; and\n- (b) whose name is stated in the employee register as an employee to be transferred to the commission.","sortOrder":420},{"sectionNumber":"sec.281","sectionType":"section","heading":"Transfer of transferable employees","content":"### sec.281 Transfer of transferable employees\n\nOn the commencement—\na transferable employee becomes an employee of the commission; and\na transferable employee who is employed by the board as a race day steward, as stated in the employee register—\nbecomes employed by the commission as a race day steward; and\nis taken to be employed under this Act and not the Public Service Act 2008 ; and\na transferable employee who is not a race day steward, as stated in the employee register, is taken to be employed under the Public Service Act 2008 ; and\nthe records of the board, to the extent they relate to the employment of transferable employees, become records of the commission.\nHowever, if an employee of the board becomes a transferable employee because of a register correction, subsection (1) applies to the employee as if the reference in the subsection to the commencement were a reference to the day after the register correction happens.\nAlso, if a person ceases to be a transferable employee because of a register correction, the person is taken never to have been—\na transferable employee; or\ntransferred to the commission.\nIn this section—\nregister correction means a change to the employee register under section 279(4) to correct an omission or error.\n(sec.281-ssec.1) On the commencement— a transferable employee becomes an employee of the commission; and a transferable employee who is employed by the board as a race day steward, as stated in the employee register— becomes employed by the commission as a race day steward; and is taken to be employed under this Act and not the Public Service Act 2008 ; and a transferable employee who is not a race day steward, as stated in the employee register, is taken to be employed under the Public Service Act 2008 ; and the records of the board, to the extent they relate to the employment of transferable employees, become records of the commission.\n(sec.281-ssec.2) However, if an employee of the board becomes a transferable employee because of a register correction, subsection (1) applies to the employee as if the reference in the subsection to the commencement were a reference to the day after the register correction happens.\n(sec.281-ssec.3) Also, if a person ceases to be a transferable employee because of a register correction, the person is taken never to have been— a transferable employee; or transferred to the commission.\n(sec.281-ssec.4) In this section— register correction means a change to the employee register under section 279(4) to correct an omission or error.\n- (a) a transferable employee becomes an employee of the commission; and\n- (b) a transferable employee who is employed by the board as a race day steward, as stated in the employee register— (i) becomes employed by the commission as a race day steward; and (ii) is taken to be employed under this Act and not the Public Service Act 2008 ; and\n- (i) becomes employed by the commission as a race day steward; and\n- (ii) is taken to be employed under this Act and not the Public Service Act 2008 ; and\n- (c) a transferable employee who is not a race day steward, as stated in the employee register, is taken to be employed under the Public Service Act 2008 ; and\n- (d) the records of the board, to the extent they relate to the employment of transferable employees, become records of the commission.\n- (i) becomes employed by the commission as a race day steward; and\n- (ii) is taken to be employed under this Act and not the Public Service Act 2008 ; and\n- (a) a transferable employee; or\n- (b) transferred to the commission.","sortOrder":421},{"sectionNumber":"sec.282","sectionType":"section","heading":"Preservation of rights of transferable employees","content":"### sec.282 Preservation of rights of transferable employees\n\nThe transfer of a transferable employee to the commission does not—\nadversely affect the employee’s total remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service leave; or\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nconstitute a retrenchment, redundancy or termination of the employee’s employment by the board; or\nentitle the employee to a payment or other benefit because he or she is no longer employed by the board; or\nrequire the board to make any payment in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the board and the employee.\n- (a) adversely affect the employee’s total remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service leave; or\n- (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) constitute a retrenchment, redundancy or termination of the employee’s employment by the board; or\n- (e) entitle the employee to a payment or other benefit because he or she is no longer employed by the board; or\n- (f) require the board to make any payment in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the board and the employee.","sortOrder":422},{"sectionNumber":"ch.8-pt.4-div.2","sectionType":"division","heading":"Eligibility certificates","content":"## Eligibility certificates","sortOrder":423},{"sectionNumber":"sec.283","sectionType":"section","heading":"Existing applications for eligibility certificates","content":"### sec.283 Existing applications for eligibility certificates\n\nAn application for an eligibility certificate made under the unamended Act and not decided on the commencement is taken to have been withdrawn.\nIf the fingerprints of the applicant or of a business associate or executive associate of the applicant were taken under previous section 209 in relation to the application, the gaming executive must destroy the fingerprints.\nThe application fee that accompanied the application must be refunded in full to the applicant.\n(sec.283-ssec.1) An application for an eligibility certificate made under the unamended Act and not decided on the commencement is taken to have been withdrawn.\n(sec.283-ssec.2) If the fingerprints of the applicant or of a business associate or executive associate of the applicant were taken under previous section 209 in relation to the application, the gaming executive must destroy the fingerprints.\n(sec.283-ssec.3) The application fee that accompanied the application must be refunded in full to the applicant.","sortOrder":424},{"sectionNumber":"sec.284","sectionType":"section","heading":"Existing right to apply for licence as racing bookmaker","content":"### sec.284 Existing right to apply for licence as racing bookmaker\n\nThis section applies to a person if—\nthe person was granted an eligibility certificate under the unamended Act; and\nthe day stated in the eligibility certificate by which the person must apply for a licence as a racing bookmaker has not lapsed; and\nthe person has not applied to a control body for a racing bookmaker’s licence before the commencement.\nFrom the commencement, the person may apply to the commission for the licence before the day the eligibility certificate lapses under previous section 220(3) as if this Act had not been enacted.\n(sec.284-ssec.1) This section applies to a person if— the person was granted an eligibility certificate under the unamended Act; and the day stated in the eligibility certificate by which the person must apply for a licence as a racing bookmaker has not lapsed; and the person has not applied to a control body for a racing bookmaker’s licence before the commencement.\n(sec.284-ssec.2) From the commencement, the person may apply to the commission for the licence before the day the eligibility certificate lapses under previous section 220(3) as if this Act had not been enacted.\n- (a) the person was granted an eligibility certificate under the unamended Act; and\n- (b) the day stated in the eligibility certificate by which the person must apply for a licence as a racing bookmaker has not lapsed; and\n- (c) the person has not applied to a control body for a racing bookmaker’s licence before the commencement.","sortOrder":425},{"sectionNumber":"sec.285","sectionType":"section","heading":"Continuing obligation of certificate holders to give notice of particular changes","content":"### sec.285 Continuing obligation of certificate holders to give notice of particular changes\n\nThis section applies if—\na certificate holder is required to give the gaming executive a notice under previous section 221; and\nimmediately before the commencement, the certificate holder has not given the notice.\nOn the commencement—\nthe obligation to give the notice continues to apply as if this Act had not been enacted; and\na reference to the gaming executive in that section is taken to be a reference to the commission.\n(sec.285-ssec.1) This section applies if— a certificate holder is required to give the gaming executive a notice under previous section 221; and immediately before the commencement, the certificate holder has not given the notice.\n(sec.285-ssec.2) On the commencement— the obligation to give the notice continues to apply as if this Act had not been enacted; and a reference to the gaming executive in that section is taken to be a reference to the commission.\n- (a) a certificate holder is required to give the gaming executive a notice under previous section 221; and\n- (b) immediately before the commencement, the certificate holder has not given the notice.\n- (a) the obligation to give the notice continues to apply as if this Act had not been enacted; and\n- (b) a reference to the gaming executive in that section is taken to be a reference to the commission.","sortOrder":426},{"sectionNumber":"sec.286","sectionType":"section","heading":"Approved audit program","content":"### sec.286 Approved audit program\n\nThis section applies to an audit program approved by the gaming executive under previous section 223.\nOn the commencement, the audit program—\nis taken to be an audit program for investigating licence holders, and the business associates and executive associates of licence holders, approved by the commission under section 95(1); and\nmay be varied, revoked or otherwise dealt with, and enforced, by the commission.\n(sec.286-ssec.1) This section applies to an audit program approved by the gaming executive under previous section 223.\n(sec.286-ssec.2) On the commencement, the audit program— is taken to be an audit program for investigating licence holders, and the business associates and executive associates of licence holders, approved by the commission under section 95(1); and may be varied, revoked or otherwise dealt with, and enforced, by the commission.\n- (a) is taken to be an audit program for investigating licence holders, and the business associates and executive associates of licence holders, approved by the commission under section 95(1); and\n- (b) may be varied, revoked or otherwise dealt with, and enforced, by the commission.","sortOrder":427},{"sectionNumber":"sec.287","sectionType":"section","heading":"Continuation of show cause process","content":"### sec.287 Continuation of show cause process\n\nThis section applies to a show cause notice given to a person who is a certificate holder under previous section 231 if, immediately before the commencement, the gaming executive had not—\ngiven the certificate holder a notice under previous section 234(3); or\ncensured the certificate holder under previous section 235(4); or\ncancelled the eligibility certificate under previous section 236.\nFrom the commencement, the show cause notice is taken to be a show cause notice given by the commission to the person.\n(sec.287-ssec.1) This section applies to a show cause notice given to a person who is a certificate holder under previous section 231 if, immediately before the commencement, the gaming executive had not— given the certificate holder a notice under previous section 234(3); or censured the certificate holder under previous section 235(4); or cancelled the eligibility certificate under previous section 236.\n(sec.287-ssec.2) From the commencement, the show cause notice is taken to be a show cause notice given by the commission to the person.\n- (a) given the certificate holder a notice under previous section 234(3); or\n- (b) censured the certificate holder under previous section 235(4); or\n- (c) cancelled the eligibility certificate under previous section 236.","sortOrder":428},{"sectionNumber":"sec.288","sectionType":"section","heading":"Reviews","content":"### sec.288 Reviews\n\nA review under previous chapter 6, part 3, division 6 that has started but not been finalised before the commencement may continue as if this Act had not been enacted.\nIf, immediately before the commencement, a person has a right of review under previous section 242(1)(b) or (c), the right continues as if this Act had not been enacted.\nPrevious section 242A continues to apply to a review under previous chapter 6, part 3, division 6.\nPrevious section 242B continues to apply to a decision of the gaming executive mentioned in previous section 242A(1).\n(sec.288-ssec.1) A review under previous chapter 6, part 3, division 6 that has started but not been finalised before the commencement may continue as if this Act had not been enacted.\n(sec.288-ssec.2) If, immediately before the commencement, a person has a right of review under previous section 242(1)(b) or (c), the right continues as if this Act had not been enacted.\n(sec.288-ssec.3) Previous section 242A continues to apply to a review under previous chapter 6, part 3, division 6.\n(sec.288-ssec.4) Previous section 242B continues to apply to a decision of the gaming executive mentioned in previous section 242A(1).","sortOrder":429},{"sectionNumber":"sec.289","sectionType":"section","heading":"Continuing obligation of control body to give notice of certain actions about racing bookmakers","content":"### sec.289 Continuing obligation of control body to give notice of certain actions about racing bookmakers\n\nThis section applies if—\na control body is required to give the gaming executive a notice under previous section 257; and\nimmediately before the commencement, the control body has not given the notice.\nOn the commencement—\nthe obligation to give the notice continues to apply as if this Act had not been enacted; and\na reference to the gaming executive in that section is taken to be a reference to the commission.\n(sec.289-ssec.1) This section applies if— a control body is required to give the gaming executive a notice under previous section 257; and immediately before the commencement, the control body has not given the notice.\n(sec.289-ssec.2) On the commencement— the obligation to give the notice continues to apply as if this Act had not been enacted; and a reference to the gaming executive in that section is taken to be a reference to the commission.\n- (a) a control body is required to give the gaming executive a notice under previous section 257; and\n- (b) immediately before the commencement, the control body has not given the notice.\n- (a) the obligation to give the notice continues to apply as if this Act had not been enacted; and\n- (b) a reference to the gaming executive in that section is taken to be a reference to the commission.","sortOrder":430},{"sectionNumber":"ch.8-pt.4-div.3","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":431},{"sectionNumber":"sec.290","sectionType":"section","heading":"Licences and other documents under policies","content":"### sec.290 Licences and other documents under policies\n\nThis section applies to—\na control body’s policy for a licensing scheme for a code of racing as in force immediately before the commencement; and\na current licence granted by the control body for the code of racing under the policy; and\nany of the following in relation to the current licence—\na document that continued to have effect or was in force immediately before the commencement;\nan action done in relation to the current licence if the action continued to have effect immediately before the commencement;\nan entity’s obligation or right to take action (including a ground for action) in relation to the current licence if the obligation applied to the entity, or the right to take the action existed, immediately before the commencement;\nan entity’s protection in relation to the current licence that applied to the entity immediately before the commencement.\nThe current licence continues to have effect for the code of racing to the same extent as it did under the unamended Act.\nThe document, action, obligation, right or protection in relation to the licence as mentioned in subsection (1)(c) continues in force or to have effect.\nFor this section, a reference to a control body in the policy for the licensing scheme, the current licence or the document, action, obligation, right or protection in relation to the licence is to be taken as a reference to the commission.\nIn this section—\ncurrent licence means a licence granted under a policy that, before the commencement, has not ended under the policy and includes a licence that is suspended.\n(sec.290-ssec.1) This section applies to— a control body’s policy for a licensing scheme for a code of racing as in force immediately before the commencement; and a current licence granted by the control body for the code of racing under the policy; and any of the following in relation to the current licence— a document that continued to have effect or was in force immediately before the commencement; an action done in relation to the current licence if the action continued to have effect immediately before the commencement; an entity’s obligation or right to take action (including a ground for action) in relation to the current licence if the obligation applied to the entity, or the right to take the action existed, immediately before the commencement; an entity’s protection in relation to the current licence that applied to the entity immediately before the commencement.\n(sec.290-ssec.2) The current licence continues to have effect for the code of racing to the same extent as it did under the unamended Act.\n(sec.290-ssec.3) The document, action, obligation, right or protection in relation to the licence as mentioned in subsection (1)(c) continues in force or to have effect.\n(sec.290-ssec.4) For this section, a reference to a control body in the policy for the licensing scheme, the current licence or the document, action, obligation, right or protection in relation to the licence is to be taken as a reference to the commission.\n(sec.290-ssec.5) In this section— current licence means a licence granted under a policy that, before the commencement, has not ended under the policy and includes a licence that is suspended.\n- (a) a control body’s policy for a licensing scheme for a code of racing as in force immediately before the commencement; and\n- (b) a current licence granted by the control body for the code of racing under the policy; and\n- (c) any of the following in relation to the current licence— (i) a document that continued to have effect or was in force immediately before the commencement; (ii) an action done in relation to the current licence if the action continued to have effect immediately before the commencement; (iii) an entity’s obligation or right to take action (including a ground for action) in relation to the current licence if the obligation applied to the entity, or the right to take the action existed, immediately before the commencement; (iv) an entity’s protection in relation to the current licence that applied to the entity immediately before the commencement.\n- (i) a document that continued to have effect or was in force immediately before the commencement;\n- (ii) an action done in relation to the current licence if the action continued to have effect immediately before the commencement;\n- (iii) an entity’s obligation or right to take action (including a ground for action) in relation to the current licence if the obligation applied to the entity, or the right to take the action existed, immediately before the commencement;\n- (iv) an entity’s protection in relation to the current licence that applied to the entity immediately before the commencement.\n- (i) a document that continued to have effect or was in force immediately before the commencement;\n- (ii) an action done in relation to the current licence if the action continued to have effect immediately before the commencement;\n- (iii) an entity’s obligation or right to take action (including a ground for action) in relation to the current licence if the obligation applied to the entity, or the right to take the action existed, immediately before the commencement;\n- (iv) an entity’s protection in relation to the current licence that applied to the entity immediately before the commencement.","sortOrder":432},{"sectionNumber":"sec.291","sectionType":"section","heading":"Offences before commencement","content":"### sec.291 Offences before commencement\n\nThe Racing Act, section 223 does not limit the application of section 273(1)(b), including, for example, if an offence against this Act is a continuing offence and involves an act or omission that happened before the commencement.\ns 291 amd 2002 No. 58 s 170 sch 2","sortOrder":433},{"sectionNumber":"sec.292","sectionType":"section","heading":"Acts Interpretation Act 1954, s 20 not limited","content":"### sec.292 Acts Interpretation Act 1954, s 20 not limited\n\nThis chapter does not limit the Acts Interpretation Act 1954 , section 20.","sortOrder":434},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":435},{"sectionNumber":"sec.293","sectionType":"section","heading":null,"content":"### Section sec.293\n\ns 293 exp 1 July 2017 (see s 293(4))","sortOrder":436},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","content":"# Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016","sortOrder":437},{"sectionNumber":"sec.294","sectionType":"section","heading":"Applications not finally decided","content":"### sec.294 Applications not finally decided\n\nThis section applies if, immediately before the commencement, the commission had not finally decided an application for the grant of a racing bookmaker’s licence.\nThe commission must decide the application under this Act as in force after the commencement.\ns 294 ins 2016 No. 62 s 359\n(sec.294-ssec.1) This section applies if, immediately before the commencement, the commission had not finally decided an application for the grant of a racing bookmaker’s licence.\n(sec.294-ssec.2) The commission must decide the application under this Act as in force after the commencement.","sortOrder":438},{"sectionNumber":"sec.295","sectionType":"section","heading":"Show cause process not finally decided","content":"### sec.295 Show cause process not finally decided\n\nThis section applies if—\nthe commission had given a show cause notice to a racing bookmaker under section 103(1); and\nimmediately before the commencement, the commission had not finally dealt with matters relating to the show cause notice under section 105 or 106 (the show cause process ).\nThe show cause process must continue under this Act as in force after the commencement.\ns 295 ins 2016 No. 62 s 359\n(sec.295-ssec.1) This section applies if— the commission had given a show cause notice to a racing bookmaker under section 103(1); and immediately before the commencement, the commission had not finally dealt with matters relating to the show cause notice under section 105 or 106 (the show cause process ).\n(sec.295-ssec.2) The show cause process must continue under this Act as in force after the commencement.\n- (a) the commission had given a show cause notice to a racing bookmaker under section 103(1); and\n- (b) immediately before the commencement, the commission had not finally dealt with matters relating to the show cause notice under section 105 or 106 (the show cause process ).","sortOrder":439},{"sectionNumber":"sec.296","sectionType":"section","heading":"Proceedings not finally decided","content":"### sec.296 Proceedings not finally decided\n\nThis section applies if, immediately before the commencement, the following proceedings had been started but not finally dealt with—\na proceeding before QCAT for a review of a relevant decision;\na proceeding before the Supreme Court about a relevant decision.\nThe proceeding is discontinued and the matter is remitted to the commission for the commission to decide again under this Act as in force after the commencement.\nQCAT or the Supreme Court must return to the police commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.\nFor subsection (1), a proceeding had not been finally dealt with if—\nQCAT or the Supreme Court had not made a decision; or\nQCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or\nQCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.\nIn this section—\ncriminal intelligence means criminal intelligence within the meaning of repealed section 114(6).\nrelevant decision means a decision—\nfor which a review notice mentioned in section 245(6) was given to a person; and\nmade because the person was not a suitable person to hold a racing bookmaker’s licence because the person—\nwas identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or\nhad a business associate or executive associate who was—\nif the associate was an individual—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or\nif the associate was a corporation—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a criminal organisation; or\nwas identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as an unsuitable corporation.\nrepealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\ns 296 ins 2016 No. 62 s 359\n(sec.296-ssec.1) This section applies if, immediately before the commencement, the following proceedings had been started but not finally dealt with— a proceeding before QCAT for a review of a relevant decision; a proceeding before the Supreme Court about a relevant decision.\n(sec.296-ssec.2) The proceeding is discontinued and the matter is remitted to the commission for the commission to decide again under this Act as in force after the commencement.\n(sec.296-ssec.3) QCAT or the Supreme Court must return to the police commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.\n(sec.296-ssec.4) For subsection (1), a proceeding had not been finally dealt with if— QCAT or the Supreme Court had not made a decision; or QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.\n(sec.296-ssec.5) In this section— criminal intelligence means criminal intelligence within the meaning of repealed section 114(6). relevant decision means a decision— for which a review notice mentioned in section 245(6) was given to a person; and made because the person was not a suitable person to hold a racing bookmaker’s licence because the person— was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or had a business associate or executive associate who was— if the associate was an individual—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or if the associate was a corporation—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a criminal organisation; or was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as an unsuitable corporation. repealed , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\n- (a) a proceeding before QCAT for a review of a relevant decision;\n- (b) a proceeding before the Supreme Court about a relevant decision.\n- (a) QCAT or the Supreme Court had not made a decision; or\n- (b) QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or\n- (c) QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.\n- (a) for which a review notice mentioned in section 245(6) was given to a person; and\n- (b) made because the person was not a suitable person to hold a racing bookmaker’s licence because the person— (i) was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or (ii) had a business associate or executive associate who was— (A) if the associate was an individual—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or (B) if the associate was a corporation—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a criminal organisation; or (iii) was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as an unsuitable corporation.\n- (i) was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or\n- (ii) had a business associate or executive associate who was— (A) if the associate was an individual—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or (B) if the associate was a corporation—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a criminal organisation; or\n- (A) if the associate was an individual—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or\n- (B) if the associate was a corporation—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a criminal organisation; or\n- (iii) was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as an unsuitable corporation.\n- (i) was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or\n- (ii) had a business associate or executive associate who was— (A) if the associate was an individual—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or (B) if the associate was a corporation—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a criminal organisation; or\n- (A) if the associate was an individual—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or\n- (B) if the associate was a corporation—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a criminal organisation; or\n- (iii) was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as an unsuitable corporation.\n- (A) if the associate was an individual—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or\n- (B) if the associate was a corporation—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a criminal organisation; or","sortOrder":440},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021","content":"# Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021","sortOrder":441},{"sectionNumber":"sec.297","sectionType":"section","heading":"Interactive betting accounts established before commencement","content":"### sec.297 Interactive betting accounts established before commencement\n\nSections 134B, 134C and 134E apply in relation to an interactive bettor whether the interactive bettor’s interactive betting account, however called, was established before or after the commencement.\ns 297 ins 2021 No. 7 s 65","sortOrder":442},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Transitional provisions for Racing Integrity Amendment Act 2022","content":"# Transitional provisions for Racing Integrity Amendment Act 2022","sortOrder":443},{"sectionNumber":"sec.298","sectionType":"section","heading":"Definitions for part","content":"### sec.298 Definitions for part\n\nIn this part—\namending Act means the Racing Integrity Amendment Act 2022 .\nformer , for a provision of this Act, means the provision as in force immediately before the commencement of the provision in which the term is used.\ns 298 ins 2022 No. 24 s 20","sortOrder":444},{"sectionNumber":"sec.299","sectionType":"section","heading":"Existing application to act as racing bookmaker’s agent","content":"### sec.299 Existing application to act as racing bookmaker’s agent\n\nThis section applies if—\nbefore the commencement, a racing bookmaker applied to authorise a person to act as the racing bookmaker’s agent for a reason mentioned in former section 142(2)(a)(i); and\nimmediately before the commencement, the application had not been decided.\nThe commission may authorise the person under former section 142(2) as if the amending Act, section 11 had not been enacted.\ns 299 ins 2022 No. 24 s 20\n(sec.299-ssec.1) This section applies if— before the commencement, a racing bookmaker applied to authorise a person to act as the racing bookmaker’s agent for a reason mentioned in former section 142(2)(a)(i); and immediately before the commencement, the application had not been decided.\n(sec.299-ssec.2) The commission may authorise the person under former section 142(2) as if the amending Act, section 11 had not been enacted.\n- (a) before the commencement, a racing bookmaker applied to authorise a person to act as the racing bookmaker’s agent for a reason mentioned in former section 142(2)(a)(i); and\n- (b) immediately before the commencement, the application had not been decided.","sortOrder":445},{"sectionNumber":"sec.300","sectionType":"section","heading":"Existing matters relating to telecommunications systems","content":"### sec.300 Existing matters relating to telecommunications systems\n\nSubsection (2) applies to a telecommunications system that was, before the commencement, approved for bookmaking under the Act by the commission.\nThe telecommunications system is taken to be approved under section 142A(1).\nSubsection (4) applies if, immediately before the commencement, the commission was considering whether to approve a telecommunications system under former section 135(2).\nThe commission may decide whether to approve the telecommunications system under section 142A(1).\nSubsection (6) applies to a written direction for a telecommunications system if—\nthe direction was given, before the commencement, under former section 135(3), to the commission by the Minister; and\nthe direction had not been complied with before the commencement.\nThe written direction is taken to be given under section 142A(3).\ns 300 ins 2022 No. 24 s 20\n(sec.300-ssec.1) Subsection (2) applies to a telecommunications system that was, before the commencement, approved for bookmaking under the Act by the commission.\n(sec.300-ssec.2) The telecommunications system is taken to be approved under section 142A(1).\n(sec.300-ssec.3) Subsection (4) applies if, immediately before the commencement, the commission was considering whether to approve a telecommunications system under former section 135(2).\n(sec.300-ssec.4) The commission may decide whether to approve the telecommunications system under section 142A(1).\n(sec.300-ssec.5) Subsection (6) applies to a written direction for a telecommunications system if— the direction was given, before the commencement, under former section 135(3), to the commission by the Minister; and the direction had not been complied with before the commencement.\n(sec.300-ssec.6) The written direction is taken to be given under section 142A(3).\n- (a) the direction was given, before the commencement, under former section 135(3), to the commission by the Minister; and\n- (b) the direction had not been complied with before the commencement.","sortOrder":446},{"sectionNumber":"sec.301","sectionType":"section","heading":"Review of existing racing decisions","content":"### sec.301 Review of existing racing decisions\n\nThis section applies if—\nbefore the commencement, a decision was made by a steward under the rules of racing for a code of racing; and\nimmediately before the commencement, the decision was an original decision under former section 240; and\nimmediately before the commencement, any of the following applied under former chapter 6, part 2, division 4 in relation to the decision—\nthe period during which an appeal, or an application for internal review or external review, could be made had not ended;\nan application for internal review or external review had not been decided;\nan appeal had not been decided;\na stay had not been decided.\nThe appeal, application or stay may be decided, or made and decided, under former chapter 6, part 2, division 4 as if the amending Act , part 3 had not been enacted.\ns 301 ins 2022 No. 24 s 27\n(sec.301-ssec.1) This section applies if— before the commencement, a decision was made by a steward under the rules of racing for a code of racing; and immediately before the commencement, the decision was an original decision under former section 240; and immediately before the commencement, any of the following applied under former chapter 6, part 2, division 4 in relation to the decision— the period during which an appeal, or an application for internal review or external review, could be made had not ended; an application for internal review or external review had not been decided; an appeal had not been decided; a stay had not been decided.\n(sec.301-ssec.2) The appeal, application or stay may be decided, or made and decided, under former chapter 6, part 2, division 4 as if the amending Act , part 3 had not been enacted.\n- (a) before the commencement, a decision was made by a steward under the rules of racing for a code of racing; and\n- (b) immediately before the commencement, the decision was an original decision under former section 240; and\n- (c) immediately before the commencement, any of the following applied under former chapter 6, part 2, division 4 in relation to the decision— (i) the period during which an appeal, or an application for internal review or external review, could be made had not ended; (ii) an application for internal review or external review had not been decided; (iii) an appeal had not been decided; (iv) a stay had not been decided.\n- (i) the period during which an appeal, or an application for internal review or external review, could be made had not ended;\n- (ii) an application for internal review or external review had not been decided;\n- (iii) an appeal had not been decided;\n- (iv) a stay had not been decided.\n- (i) the period during which an appeal, or an application for internal review or external review, could be made had not ended;\n- (ii) an application for internal review or external review had not been decided;\n- (iii) an appeal had not been decided;\n- (iv) a stay had not been decided.","sortOrder":447}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":764},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as an integrity and welfare regulator for Queensland racing. The 2022 amendments (visible through amendment notes) added specific provisions about betting inducements, direct marketing restrictions, and telecommunications systems for bookmaking—these are modernizations rather than scope expansion, addressing contemporary issues in gambling regulation that align with the Act's core integrity function."},"complexity_factors":["Extensive cross-referencing to the Racing Act 2002 and other Queensland legislation (Public Sector Act 2022, Crime and Corruption Act 2001, Financial Accountability Act 2009)","Multiple nested conditional provisions (e.g., entry powers depend on consent/warrant/emergency circumstances with different procedural requirements)","Detailed licensing schemes with mandatory and discretionary matters spanning sections 63-68","Complex enforcement framework with authorised officers having tiered powers: general entry, emergency entry, warrant-based entry, each with distinct procedural safeguards","Extensive definitions and defined terms including 'control body', 'code of racing', 'licensed animal', 'racing bookmaker', 'offcourse approval'","Conditional offences with multiple reasonable excuse provisions and evidential immunity clauses (section 210)","Ministerial directions framework with exceptions and reporting requirements (section 13)","Information-sharing arrangements with police and other agencies subject to restrictions (section 53A)"],"plain_english_summary":"**What this legislation does:**\n\nThis is the **Racing Integrity Act 2016** (Queensland), which creates a powerful independent regulator—the **Queensland Racing Integrity Commission**—to oversee horse and greyhound racing in Queensland. Think of it as the \"police and watchdog\" for the racing industry.\n\n**Key things the Commission does:**\n\n- **Licenses everyone and everything**: Horses, greyhounds, trainers, jockeys, bookmakers, and racing venues all need Commission approval\n- **Investigates corruption and cheating**: Can dig into complaints, conduct audits, and share information with police\n- **Protects animal welfare**: Has broad powers to enter properties, seize animals, issue welfare directions, and even destroy animals in extreme pain\n- **Regulates betting**: Controls who can be a bookmaker, where they can operate, and how they can advertise (including banning inducements like \"free bets\")\n- **Sets standards**: Creates rules for each racing code (thoroughbred, harness, greyhound) covering integrity, safety, and animal care\n\n**Who it affects:**\n\n- **Racing participants**: Trainers, owners, jockeys, drivers, bookmakers, and their staff\n- **Control bodies**: The racing clubs that manage each code (like Racing Queensland)\n- **Animals**: Horses, greyhounds, and other racing animals get specific welfare protections\n- **Bettors**: Rules about lawful betting and protections against predatory marketing\n\n**Why it matters:**\n\nThe Act tries to solve a fundamental problem in racing: how to keep the sport honest when there's big money involved. It gives the Commission real teeth—entry powers, seizure powers, fines up to 600 penalty units (roughly $75,000+), and even imprisonment for serious offences. The 2022 amendments added modern concerns like restricting betting inducements and direct marketing to vulnerable gamblers.\n\n**Structure:** The Act runs through several \"chapters\" covering the Commission's establishment, its functions, licensing schemes, bookmaker regulation, enforcement powers (including authorised officers who can enter properties and seize evidence), and offences."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The excerpted provisions are consistent with the Act's stated purpose of establishing and empowering the Queensland Racing Integrity Commission. The functions, powers, and governance structures all align with the core integrity and licensing oversight intent. Animal welfare provisions, while broad, appear to have been deliberately included as part of the original design rather than representing scope creep."},"complexity_factors":["Extensive cross-references to multiple other Acts (Racing Act, Financial Accountability Act 2009, Public Sector Act 2022, Crime and Corruption Act 2001, Statutory Bodies Financial Arrangements Act 1982) requiring readers to consult multiple pieces of legislation","Layered regulatory structure involving the commission, commissioner, deputy commissioners, control bodies, and the Minister — with different powers and obligations at each level","Distinction between matters the Minister can and cannot direct the commission on requires understanding of what constitutes an 'original decision' under other parts of the Act","Standards-based regulatory framework — the Act sets up a meta-framework that then requires separate 'standards' documents to be read alongside the Act to understand practical obligations","Delegation and subdelegation chains create complexity around who actually holds decision-making authority at any given time","Broad and overlapping functions list (20 separate functions) with incidental and supplementary function catch-alls that are difficult to define in advance","Animal welfare jurisdiction extends to post-racing animals held by licensed participants, creating ongoing obligations that are not obviously connected to active racing","Funding mechanism (control bodies paying levies) requires understanding of a separate approval/control body regime under the Racing Act"],"plain_english_summary":"The Racing Integrity Act 2016 establishes the Queensland Racing Integrity Commission (QRIC) as an independent regulator and watchdog for thoroughbred, harness and greyhound racing. It requires licensing and registration of participants and animals, gives the QRIC strong investigative, testing, welfare and disciplinary powers, and partly funds the regulator through industry levies. The Act aims to protect animal welfare and public confidence by keeping racing fair, safe and free from corruption."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This version broadens and modernises the regulator’s remit compared with earlier Racing Act provisions. Substantive scope changes include: (1) stronger, centralised integrity regulation under a statutory commission with broad investigative and enforcement powers (secs 7–12, 36–40); (2) tighter control of bookmaker conduct including specific online/telecommunications rules, offcourse approvals and proscriptions on inducements and direct marketing to Queensland residents (secs 116–123, 134A–134E, 142A); (3) explicit animal‑welfare enforcement powers with seizure, direction and destruction powers plus cost recovery (secs 193–196, 237); and (4) the creation of a specialist administrative appeals architecture (internal review, QCAT/court routes and a dedicated Racing Appeals Panel and fast‑track panel for steward decisions — secs 242–251, 252AW ff.). These additions move the law beyond simply reorganising prior provisions: they add new regulatory instruments (telecom approvals, marketing controls), new enforcement mechanics and new adjudicative bodies, expanding the regulator’s practical reach into betting technology, marketing practices and animal care oversight."},"complexity_factors":["Very large instrument spanning many chapters and detailed parts (establishment, functions, licensing, betting, authorised officer powers, animal welfare, offences, reviews and lengthy transitional provisions).","Numerous defined terms and special definitions scattered through parts (e.g. 'relevant agency', 'prohibited thing', 'interactive betting account', 'original decision', 'disqualification action').","Extensive cross‑references to other Acts (Racing Act, Public Sector Act 2022, Crime and Corruption Act 2001, Financial Accountability Act 2009, Wagering Act 1998, Animal Care and Protection Act 2001, QCAT Act and Criminal Code).","Multiple decision‑makers and review pathways (commission, commissioner, Minister, chief executive, authorised officers, panel, Racing Appeals Panel, QCAT, courts) producing nested appeal/review routes (secs 13, 242–251, 252AW ff.).","Heavy conditional logic and exclusions (e.g. when Minister may or may not direct — s 13; what constitutes an 'original decision' — s 240; numerous 'however' exceptions in entry and seizure powers).","Large number of offences with varying penalties, including imprisonment for highest offences (e.g. unlawful bookmaking — s 75) and many graded monetary penalties (ch.6).","Complex investigatory powers and administrative processes: notices to produce, compel attendance, warrants, seizure, handling and return/forfeiture, cost recovery and disposal orders (chs 5 and 6: secs 154–191, 184–190, 237–240).","New technical regimes for betting technology (telecommunications system approvals, audits, remote betting rules — s 142A) and targeted consumer protections (inducements, free-bet withdrawal, direct marketing — 134B–134E).","Detailed transitional provisions carrying forward and translating a previous statutory scheme across many embedded situations (ch.8 and ch.9 transitions, secs 267–301)."],"plain_english_summary":"**What this law does (short):**\n\n- Establishes the Queensland Racing Integrity Commission (the commission) as the regulator responsible for licensing and policing the racing industry in Queensland (see secs 7–9, 10).  \n- Gives the commission broad regulatory and enforcement powers over racing codes, participants, racing animals and race meetings, and creates a new pathway for review and appeal of certain decisions (see secs 10, 12, 240–251, 252AW ff.).\n\n**Who is affected:**\n\n- Control bodies that manage race meetings (charged with paying most of the commission’s costs — s 54).  \n- Licensed participants: trainers, jockeys, bookmakers, bookmaker clerks, corporate licensees and their business/executive associates (see ch.3, ch.4).  \n- Owners and carers of animals involved in racing (animal-welfare directions, seizure and destruction powers — ch.5, secs 193–196).  \n- Racing bookmakers and interactive bettors (detailed licensing, offcourse approvals, telecommunication system approvals and limits on inducements and direct marketing — secs 70–142A, 134A–134E).  \n- Persons subject to audits, investigations or disciplinary action by the commission (see secs 30, 33–40, 95–100, 101–108).  \n\n**Why it matters (mechanics before rationale):**\n\n- The commission centralises licensing, standards-setting and integrity enforcement for all codes of racing in Queensland (secs 10, 57, 58).  \n- It sets mandatory standards for licensing schemes (what licences exist, how to apply, grounds and procedures for discipline — s 65) and may make other standards for management of codes (s 58–66).  \n- It has investigative powers (notices to produce documents, compel attendance, take samples, administer oaths — secs 33–41, 36–39, 175–177, 199–203) and powers to enter, seize and, in animal-welfare emergencies, treat or destroy animals (secs 154–181, 193–196).  \n- There are criminal and administrative penalties for non-compliance (various offences summarized in ch.6).  \n- Betting and bookmaker activity are regulated: licensing, requirements for clerks, requirements for insurance/bonds, controls on where and how bets may be taken, offcourse approvals with mandatory conditions, and new limits on online inducements, free-bet restrictions and direct marketing to persons in Queensland (secs 70–142A and 134A–134E).  \n- The Act creates internal review steps, external review routes (QCAT or courts depending on the decision) and a new Racing Appeals Panel and a separate panel process for some steward racing decisions (secs 240–252, 252AW ff.).  \n\n**Stated purpose-claims by the Act (then a quick test):**\n- Stated purposes: ensure integrity of racing, safety of people, animal welfare and responsible breeding (s 63); standards and licensing to ensure transparent decision‑making (s 57–59).  \n\nTesting those claims against implementation mechanics, incentives and costs:\n\n- Who pays: the Act directs that the cost of the commission is to be funded mainly by control bodies (s 54). That shifts a material funding obligation onto entities that organise racing, rather than placing the cost on general taxpayers. The commission may also charge fees reflecting reasonable cost (s 56).  \n\n- Who decides: the commission (composed of the commissioner, deputy commissioners and staff) runs licensing, standards and investigations (secs 7, 14–19, 26). The Minister retains the power to give written directions about performance and powers in certain circumstances (s 13), but may not direct the commission about \"original decisions\" or active audits/investigations (s 13(2)). The Act creates internal review by the commission, review to QCAT or courts for many decisions, and a specialised Racing Appeals Panel for steward decisions (secs 242–251; 252AW ff.).  \n\n- Compliance burden and paperwork: licensing rules (s 65–67) require forms, qualifications, police checks, disclosures about associates and can require further documents (s 30, 80, 90). Corporations must notify changes in executive officers and major holders (s 109). These steps create recurring administrative costs and time delays for applicants and licensees.  \n\n- Investigatory reach and discretion: authorised officers have extensive powers to enter, inspect, seize, require documents and compel cooperation (secs 154–181, 199–203). The commission and commissioner have broad powers to investigate, audit and make standards (secs 10, 12, 36–39, 95). That concentration of powers enables active policing but also raises implementation and oversight risk (decision-making discretion, need for training, record-keeping and safeguards such as identity cards and warrant procedures — secs 149–150, 164–169).  \n\n- Enforcement and penalties: penalties range up to imprisonment for serious offences (e.g. unlawful bookmaking—sec 75) and financial penalties for many breaches. That gives both deterrent effect and a compliance cost structure.  \n\n- Effects on private enterprise and competition: bookmaker licensing, offcourse approvals (secs 116–123), telecommunications approvals (s 142A) and restrictions on inducements and direct marketing (secs 134B–134D) regulate how firms attract customers and provide remote services. These provisions limit some commercial promotion tactics (e.g. account-opening incentives and free-bet wagering where payouts cannot be withdrawn — s 134B, 134C), which affects marketing strategies and customer acquisition costs. Insurance/bond requirements (secs 136–137) increase operating costs.  \n\n- Information sharing vs privacy: the commission may enter into information-sharing arrangements with police, departments and prescribed entities (s 53A). The Act explicitly excludes use of criminal intelligence from some suitability decisions (s 83) and forbids using criminal intelligence as a sole basis for cancelling bookmaker licences (s 101(3)), which limits some investigative options but preserves other sharing powers.  \n\n- Animal welfare and emergency powers: the Act equips authorised officers to act quickly for animal welfare (entering to relieve pain, seizure, giving written directions and destroying animals where necessary — secs 155–158, 193–196). These are operationally sensitive powers with direct costs (care, treatment) and possible recovery of costs from owners under s 237.  \n\n- Review and appeal structure (administrative economy vs rights): the Act embeds staged review (internal review first — s 242; then QCAT or court for many decisions — s 246–251) and creates a specialist Racing Appeals Panel and a separate, time‑compressed panel process for steward decisions (secs 252AW ff.). That design speeds specialist resolution but also introduces multiple layers and specialized institutions that parties must navigate.  \n\n- Concentrated benefits and diffuse costs: the commission and stewards gain centralised regulatory control and information; control bodies and licensed operators carry funding and compliance costs, while bettors and the public face consumer‑protection rules and marketing limits.  \n\n**Key constraints and safeguards (selected):**\n- Ministerial directions are subject to explicit limits (s 13: cannot direct \"original decisions\" or ongoing audits/investigations).  \n- Criminal intelligence has limits: cannot be sole basis for cancelling bookmaker licences (s 101(3)); cannot be considered in suitability assessments for bookmakers under s 83.  \n- Procedural protections: show-cause notices and minimum timeframes for submissions (s 103 and s 125 for offcourse approvals), internal review rights (s 243–245), and rights to external appeal or QCAT in many cases (s 246–251).  \n\n**Practical behaviour changes the law drives (plain sentences):**\n- Licensed operators and control bodies will need to budget for funding the commission and pay invoices decided by the chief executive (s 54).  \n- Bookmakers must hold acceptable insurance or bond and meet detailed licensing and clerk‑employment rules to operate (secs 136–137; ch.4).  \n- Bookmakers using telephony/online systems must use approved telecommunications systems and cannot offer some common inducements or marketing without express consent (secs 142A, 134B–134D).  \n- Owners and handlers of race animals will face active welfare monitoring, may receive animal welfare directions, and can be liable for costs incurred by the commission in dealing with seized animals (secs 193–237).  \n\nIf you want, I can:  \n- Extract the specific provisions you or your organisation must comply with (e.g., bookmaker application checklist and timing); or  \n- Map the review and appeal routes for a particular decision (e.g., licence refusal, immediate suspension), with timelines and likely tribunal/court used.\n"}},"importantCases":[],"_links":{"self":"/api/acts/racing-integrity-act-2016","history":"/api/acts/racing-integrity-act-2016/history","analysis":"/api/acts/racing-integrity-act-2016/analysis","conflicts":"/api/acts/racing-integrity-act-2016/conflicts","importantCases":"/api/acts/racing-integrity-act-2016/important-cases","documents":"/api/acts/racing-integrity-act-2016/documents"}}