{"id":"tas:act-2009-026","name":"Racing (Tasracing Pty Ltd) (Transitional and Consequential Provisions) Act 2009","slug":"racing-tasracing-pty-ltd-transitional-and-consequential-provisions-act-2009","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"26 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31827,"registerId":"tas-act-2009-026-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Racing (Tasracing Pty Ltd) (Transitional and Consequential Provisions) Act 2009](/view/html/inforce/2026-04-12/act-2009-026) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences immediately after the commencement of the [Racing (Tasracing Pty Ltd) Act 2009](/view/html/inforce/2026-04-12/act-2009-030) .","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Savings and Transitional","content":"# Part 2 Savings and Transitional","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Part –\n> > \n> > > ***asset*** has the same meaning as in the [Racing (Tasracing Pty Ltd) Act 2009](/view/html/inforce/2026-04-12/act-2009-030) ;\n> > \n> > > ***Board*** has the same meaning as in the [Racing (Tasracing Pty Ltd) Act 2009](/view/html/inforce/2026-04-12/act-2009-030) ;\n> > \n> > > ***Company*** has the same meaning as in the [Racing (Tasracing Pty Ltd) Act 2009](/view/html/inforce/2026-04-12/act-2009-030) ;\n> > \n> > > ***director*** means a director of the Company;\n> > \n> > > ***incorporation day*** means the day on which the Company is incorporated;\n> > \n> > > ***liability*** has the same meaning as in the [Racing (Tasracing Pty Ltd) Act 2009](/view/html/inforce/2026-04-12/act-2009-030) ;\n> > \n> > > ***right*** has the same meaning as in the [Racing (Tasracing Pty Ltd) Act 2009](/view/html/inforce/2026-04-12/act-2009-030) ;\n> > \n> > > ***TRB*** has the same meaning as in the [Racing (Tasracing Pty Ltd) Act 2009](/view/html/inforce/2026-04-12/act-2009-030) .\n> \n> > (2)  Unless the contrary intention appears, an expression used in this Act has the same meaning as it has in the [Racing Regulation Act 2004](/view/html/inforce/2026-04-12/act-2004-062) .","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Vesting of assets, rights, liabilities, &c., in the Company","content":"### 4 Vesting of assets, rights, liabilities, &c., in the Company\n\n> > (1)  On and after the incorporation day, the following provisions have effect:\n> > \n> > > > (a) the assets of the TRB vest in the Company by virtue of this section and without the need for any further transfer, assignment or assurance;\n> > > \n> > > > (b) the rights or liabilities of the TRB become by virtue of this section the rights or liabilities of the Company;\n> > > \n> > > > (c) legal or other proceedings commenced by or against the TRB before, and pending on, the incorporation day, or that are taken by virtue of [section 15(1) of the](/view/html/inforce/2026-04-12/act-2008-063#GS15@Gs1@EN) [Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008](/view/html/inforce/2026-04-12/act-2008-063) to be proceedings pending by or against the TRB, may be continued by or, as the case may be, against the Company;\n> > > \n> > > > (d) a judgment or order of a court obtained in those proceedings whether by or against the TRB, or that may be enforced by virtue of [section 15(1) of the](/view/html/inforce/2026-04-12/act-2008-063#GS15@Gs1@EN) [Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008](/view/html/inforce/2026-04-12/act-2008-063) by or against the TRB, may be enforced by or, as the case may be, against the Company;\n> > > \n> > > > (e) legal or other proceedings which could have been commenced by or against the TRB before, and pending on, the incorporation day, or that may be commenced by virtue of [section 15(1) of the](/view/html/inforce/2026-04-12/act-2008-063#GS15@Gs1@EN) [Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008](/view/html/inforce/2026-04-12/act-2008-063) by or against the TRB, may be commenced by or against the Company;\n> > > \n> > > > (f) a document addressed to, and purporting to be served on, the TRB relating to those proceedings, or that is taken by virtue of [section 15(1) of the](/view/html/inforce/2026-04-12/act-2008-063#GS15@Gs1@EN) [Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008](/view/html/inforce/2026-04-12/act-2008-063) to have been served on the TRB, is taken to be served on the Company;\n> > > \n> > > > (g) a reference to the TRB in any Act, in any instrument made under any Act, in any contract (other than a contract of employment), agreement, arrangement or undertaking or in any document of any kind, or that is taken by virtue of [section 15(1) of the](/view/html/inforce/2026-04-12/act-2008-063#GS15@Gs1@EN) [Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008](/view/html/inforce/2026-04-12/act-2008-063) to be, or include, a reference to the TRB, is taken to be, or include, a reference to the Company.\n> \n> > (2)  The operation of this section is not to be regarded –\n> > \n> > > > (a) as a breach of contract or confidence or otherwise as a civil wrong; or\n> > > \n> > > > (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities; or\n> > > \n> > > > (c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or\n> > > \n> > > > (d) as an event of default under any contract or other instrument.\n> \n> > (3)  State tax is not payable in respect of any document prepared to give effect to [subsection (1)](#GS4@Gs1@EN) .\n> \n> > (4)  In this section –\n> > \n> > > ***State tax*** means application or registration fees, stamp duty or any other tax, duty, fee or charge imposed by any Act or law of Tasmania.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Powers of Company in respect of matters arising under this Act","content":"### 5 Powers of Company in respect of matters arising under this Act\n\n> > (1)  This section applies to –\n> > \n> > > > (a) debts, money, claims, securities and charges relating to assets that vest in the Company under this Act; and\n> > > \n> > > > (b) liabilities that become liabilities of the Company under this Act.\n> \n> > (2)  On and after the incorporation day, the Company may –\n> > \n> > > > (a) in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies, for the recovery of debts, money and claims to which this section applies that are payable to, or recoverable by, the TRB and for the prosecution of proceedings relating to any such debts, money or claims, as the TRB might have pursued but for the enactment of this Act; and\n> > > \n> > > > (b) enforce and realise any security or charge to which this section applies and which was in existence immediately before the incorporation day in favour of the TRB, and exercise any powers conferred under the security or charge on the TRB as if it were a security or charge in favour of the Company.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Existing staff of TRB to be transferred","content":"### 6 Existing staff of TRB to be transferred\n\n> > (1)  On the incorporation day, the employment of all employees of the TRB is terminated and they become employees of the Company.\n> \n> > (2)  On the incorporation day, the Company becomes the employer of each employee of the TRB.\n> \n> > (3)  An employee of the TRB –\n> > \n> > > > (a) is taken to have been employed by the Company on the same terms and conditions, including remuneration, as the employee was receiving immediately before the incorporation day; and\n> > > \n> > > > (b) retains all existing and accrued rights relating to leave as if service as an employee of the Company were a continuation of his or her service as an employee of the TRB; and\n> > > \n> > > > (c) may claim those rights against the Company.\n> \n> > (4)  The period of service of an employee of the TRB is taken to be service as an employee of the Company.\n> \n> > (5)  Nothing in [subsection (1)](#GS6@Gs1@EN) or [(2)](#GS6@Gs2@EN) prevents any of the terms or conditions of employment of an employee of the TRB being altered by an award, industrial agreement or any other law having effect after the incorporation day.\n> \n> > (6)  If the [Long Service Leave (State Employees) Act 1994](/view/html/inforce/2026-04-12/act-1994-013) applied to an employee of the TRB immediately before the incorporation day, that Act continues to apply to that employee unless –\n> > \n> > > > (a) he or she gives written notice to the Company that he or she elects that that Act not apply; or\n> > > \n> > > > (b) an award or industrial agreement provides otherwise.\n> \n> > (7)  The termination of an employee's employment under [subsection (1)](#GS6@Gs1@EN) is not to be regarded as a cessation of employment for superannuation purposes.\n> \n> > (8)  Nothing in this section entitles an employee of the TRB whose employment is terminated and who becomes an employee of the Company by virtue of [subsection (1)](#GS6@Gs1@EN) to any payment or compensation in respect of that termination of employment.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Superannuation","content":"### 7 Superannuation\n\n> > (1)  The Company is to make adequate provision to meet any liability it may have under the [Retirement Benefits Act 1993](/view/html/inforce/2026-04-12/act-1993-103) to pay pension and other benefits in respect of employees who by virtue of [section 6](#GS6@EN) become employees of the Company.\n> \n> > (2)  Nothing in this Act affects the superannuation entitlements of a person referred to in [subsection (1)](#GS7@Gs1@EN) that were in existence immediately before the incorporation day.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Rules of Racing, policies and guidelines","content":"### 8 Rules of Racing, policies and guidelines\n\n> > (1)  The *Rules of Racing*, policies and guidelines of the TRB that were in force for a code of racing under the [Racing Regulation Act 2004](/view/html/inforce/2026-04-12/act-2004-062) immediately before the incorporation day continue in force as the *Rules of Racing*, policies and guidelines of the Company for that code of racing on and after the incorporation day.\n> \n> > (2)  On or after the incorporation day, the *Rules of Racing*, policies and guidelines of the TRB so continued in force may at any time be amended, rescinded or rescinded and replaced by new *Rules of Racing*, policies and guidelines of the Company, in accordance with the [Racing Regulation Act 2004](/view/html/inforce/2026-04-12/act-2004-062) as in force on and after the incorporation day.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Warning-off notices, &c.","content":"### 9 Warning-off notices, &c.\n\n> Any notice issued by or on behalf of the TRB under [section 54 of the](/view/html/inforce/2026-04-12/act-2004-062#GS54@EN) [Racing Regulation Act 2004](/view/html/inforce/2026-04-12/act-2004-062) , or that is taken by virtue of [section 23 of the](/view/html/inforce/2026-04-12/act-2008-063#GS23@EN) [Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008](/view/html/inforce/2026-04-12/act-2008-063) to have been issued by the TRB, that was still in force immediately before the incorporation day continues in force on and after that day, according to its terms, as a warning-off notice issued by the Company.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Acts, &c., done by or to TRB","content":"### 10 Acts, &c., done by or to TRB\n\n> All acts, matters and things that before the incorporation day –\n> \n> > > (a) were done or omitted to be done by, or done in relation to, the TRB; or\n> > \n> > > (b) had, by virtue of [section 24 of the](/view/html/inforce/2026-04-12/act-2008-063#GS24@EN) [Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008](/view/html/inforce/2026-04-12/act-2008-063) , the same force and effect as if they had been done or omitted to be done by, or done in relation to, the TRB –\n> \n> have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Company.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Regulations","content":"### 11 Regulations\n\n> > (1)  The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act or the [Racing (Tasracing Pty Ltd) Act 2009](/view/html/inforce/2026-04-12/act-2009-030) .\n> \n> > (2)  Without limiting the generality of [subsection (1)](#GS11@Gs1@EN) , regulations made under this section may supplement any of the provisions of this Act.\n> \n> > (3)  Regulations made under this section may –\n> > \n> > > > (a) take effect on the incorporation day or a later day as specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and\n> > > \n> > > > (b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and\n> > > \n> > > > (c) authorise any matter to be from time to time determined, applied or regulated by the Minister, Company or Director.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Administration of Act","content":"### 12 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Racing; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.\n\n*\n\n**13.**   \n\n> See [Schedule 1](#JS1@EN) .\n\n*","sortOrder":14},{"sectionNumber":"13.","sectionType":"section","heading":null,"content":"### 13.\n\n> See [Schedule 1](#JS1@EN) .","sortOrder":15},{"sectionNumber":"SCHEDULE 1 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 1 - Consequential Amendments","content":"# SCHEDULE 1 - Consequential Ame SCHEDULE 1 - Consequential Amendments\n\n[Section 13](#GS13@EN)\n\n> > (a) [Gaming Control Act 1993](/view/html/inforce/2026-04-12/act-1993-094) ;\n> \n> > (b) [Racing (Tasracing Pty Ltd) Act 2009](/view/html/inforce/2026-04-12/act-2009-030) ;\n> \n> > (c) [Racing Regulation Act 2004](/view/html/inforce/2026-04-12/act-2004-062) ;\n> \n> > (d) [TOTE Tasmania (Racing Regulation) Act 2004](/view/html/inforce/2026-04-12/act-2004-063) ;\n> \n> > (e) [TOTE Tasmania Act 2000](/view/html/inforce/2026-04-12/act-2000-089) ;\n> \n> > (f) [Workers Rehabilitation and Compensation Act 1988](/view/html/inforce/2026-04-12/act-1988-004) .","sortOrder":16}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original intent — managing the transitional and consequential legal matters arising from the establishment of Tasracing Pty Ltd. It has been in force unchanged since 1 July 2009 with no significant scope amendments apparent from the metadata provided."},"complexity_factors":["Requires understanding of the parent Racing Act and the broader legislative framework for Tasracing Pty Ltd to be fully interpreted","Transitional and consequential provisions legislation inherently involves cross-referencing multiple pieces of existing law","Limited legislative text is available in this excerpt, making full analysis of specific provisions difficult","Corporate restructuring context adds some complexity around asset transfers, employment transitions, and contract novation (transfer of contractual rights and obligations)","Relatively narrow and time-specific in operation, reducing ongoing complexity for most people"],"plain_english_summary":"This Act manages the legal handover of Tasmania’s horse and greyhound racing industry to the government-owned Tasracing Pty Ltd, ensuring contracts, staff, assets, licences and pre‑existing rights continue without disruption.  \n\nIt affects racing participants, transferred employees, government agencies and businesses with prior dealings in the sector, preventing legal gaps or loss of entitlements during the transition."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the transition from the Tasmanian Racing Board to Tasracing Pty Ltd. It covers the expected elements of such transitional legislation (assets, staff, legal continuity) without expanding into broader racing policy or regulatory matters. The scope is appropriately limited to the machinery of the corporate restructure."},"complexity_factors":["Multiple cross-references to companion legislation (Racing (Tasracing Pty Ltd) Act 2009, Racing Regulation Act 2004, Racing Regulation Amendment (Governance Reform) (Transitional and Consequential Provisions) Act 2008)","Nested conditional logic in section 6 regarding long service leave elections and award overrides","Extensive use of \"deeming\" provisions (treating things as having happened when technically they didn't) throughout sections 4, 6, and 10","Schedule 1 is truncated/incomplete in the provided text — lists six Acts to be amended but doesn't show the actual amendments","Requires understanding of corporate law concepts (vesting, incorporation) and employment law (superannuation continuity, long service leave portability)"],"plain_english_summary":"**What this legislation does:**\n\nThis Act is a \"clean-up\" law that manages the practical handover when Tasmania's racing industry was restructured in 2009. Specifically, it deals with the transition from the **Tasmanian Racing Board (TRB)** — a government body — to **Tasracing Pty Ltd** — a new government-owned company.\n\n**Key things it covers:**\n\n*   **Automatic transfer of assets and debts:** Everything the TRB owned (property, money, equipment) and everything it owed (debts, legal obligations) automatically becomes Tasracing's responsibility on the day the company is created (\"incorporation day\"). No paperwork needed.\n*   **Ongoing court cases:** Any lawsuits involving the TRB can continue seamlessly against Tasracing instead.\n*   **Staff transfer:** All TRB employees automatically become Tasracing employees on the same pay and conditions. They keep their accumulated leave entitlements and long service leave rights. They can't claim redundancy payments just because their employer changed.\n*   **Superannuation protection:** Tasracing must continue paying into the government superannuation scheme for transferred staff, and existing super entitlements are protected.\n*   **Rules and regulations:** The racing rules, policies and \"warning-off\" notices (bans on people participating in racing) that existed under the TRB remain in force under the new company.\n*   **Legal continuity:** Any decisions, contracts or actions taken by the TRB before the change are treated as if Tasracing had done them.\n*   **Tax savings:** No stamp duty or state taxes apply to documents transferring assets from the TRB to the company.\n\n**Who it affects:**\n\n*   Former TRB employees (now Tasracing staff)\n*   Tasracing Pty Ltd itself\n*   Anyone with legal claims against or debts to the former TRB\n*   People subject to racing bans or disciplinary notices\n*   Tasmanian racing industry participants generally\n\n**Why it matters:**\n\nWithout this Act, privatising the racing industry would have created legal chaos — assets stuck in limbo, employees potentially losing their jobs unfairly, contracts becoming void, and court cases grinding to a halt. This legislation ensures a smooth, legally seamless transition from public body to private company without disrupting the racing industry or disadvantaging workers."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act confines itself to transitional and consequential measures to effect the incorporation and operation of Tasracing Pty Ltd in place of the Tasmanian Racing Board. It transfers assets, rights, liabilities and proceedings (s4), continues rules and notices (s8–9), moves staff on preserved terms (s6) with superannuation obligations (s7), and authorises savings/transitional regulations and ministerial administration (s11–12). No provisions expand regulatory scope beyond what is necessary for the transition."},"complexity_factors":["Frequent cross-references to multiple other Acts (Racing (Tasracing) Act 2009, Racing Regulation Act 2004, Racing Regulation Amendment 2008, Retirement Benefits Act 1993) that require reading in combination (see s3).","Automatic vesting of assets, rights and liabilities without further transfer or assignment, which alters property/contract positions by operation of law (s4(1)(a)–(b)).","Continuity of legal proceedings and enforcement: pending and past proceedings, judgments and service are carried over to the Company (s4(1)(c)–(f); s10).","Employment transfer mechanics that preserve terms, accrued leave and service continuity but treat the initial cessation/rehire as not giving rise to termination payments, creating legal nuance for entitlements and disputes (s6(1)–(4), s6(7)–(8)).","Superannuation obligation placed on the Company to meet pre-existing liabilities, requiring actuarial/financial provision by the Company (s7).","Regulation-making power that can supplement provisions, take retrospective/varied effect, and delegate matters to Minister/Company/Director, expanding administrative discretion (s11(1)–(3)).","State tax exemption for documents giving effect to vesting reduces transactional friction but is a specific fiscal rule to note (s4(3)–(4))."],"plain_english_summary":"Mechanically, the Act transfers on the Company’s incorporation day the Tasmanian Racing Board’s assets, rights, liabilities and ongoing proceedings to Tasracing Pty Ltd, preserves the Board’s contracts, securities and enforcement powers, and continues existing Rules of Racing and warning-off notices (s4–9). It also converts TRB employees into Company employees on existing terms, requires the Company to meet pre-existing superannuation liabilities, and authorises savings/transitional regulations and ministerial administration (s6–7, s11–12)."}},"importantCases":[],"_links":{"self":"/api/acts/racing-tasracing-pty-ltd-transitional-and-consequential-provisions-act-2009","history":"/api/acts/racing-tasracing-pty-ltd-transitional-and-consequential-provisions-act-2009/history","analysis":"/api/acts/racing-tasracing-pty-ltd-transitional-and-consequential-provisions-act-2009/analysis","conflicts":"/api/acts/racing-tasracing-pty-ltd-transitional-and-consequential-provisions-act-2009/conflicts","importantCases":"/api/acts/racing-tasracing-pty-ltd-transitional-and-consequential-provisions-act-2009/important-cases","documents":"/api/acts/racing-tasracing-pty-ltd-transitional-and-consequential-provisions-act-2009/documents"}}