{"id":"nsw:act-1996-037","name":"Thoroughbred Racing Act 1996","slug":"thoroughbred-racing-act-1996","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"37 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105500,"registerId":"nsw-act-1996-037-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Thoroughbred Racing Act 1996](/view/html/inforce/current/act-1996-037).\n> \n> **s 1:** Am 1997 No 24, Sch 1 \\[2\\]; 2004 No 23, Sch 1 \\[2\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Appeal Panel means the Appeal Panel provided for by Part 4.\n> > \n> > appointed member means a member of Racing NSW other than the Chief Executive.\n> > \n> > Australian Rules of Racing means the Australian Rules of Racing as adopted by the Australian Conference of Principal Racing Clubs.\n> > \n> > Chief Executive means the Chief Executive of Racing NSW from time to time.\n> > \n> > eligible industry body means a body determined to be an eligible industry body for the time being under section 31(2).\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes power, authority or duty.\n> > \n> > horse racing means the racing of galloping horses as referred to in the Australian Rules of Racing.\n> > \n> > HRNSW means Harness Racing New South Wales constituted under the [Harness Racing Act 2009](/view/html/inforce/current/act-2009-020).\n> > \n> > IA Committee means the Integrity Assurance Committee established under this Act.\n> > \n> > race club includes any body or other association of persons, whether incorporated or unincorporated, that promotes, conducts or controls, or that is formed for promoting, conducting or controlling, a horse racing meeting or meetings.\n> > \n> > racing association means an association of race clubs.\n> > \n> > Racing NSW means Racing New South Wales.\n> > \n> > racing official means a member of Racing NSW, the Chief Executive or a steward appointed by Racing NSW or other member of staff of Racing NSW.\n> > \n> > RICG means the Racing Industry Consultation Group established by this Act.\n> > \n> > Rules of Racing means the rules for the time being governing and relating to horse racing under the control of Racing NSW (being an amalgamation of the Australian Rules of Racing and the local rules of racing of Racing NSW, together with the regulations made under those rules).\n> > \n> > Selection Panel means the Selection Panel established under section 7.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act are explanatory notes and do not form part of this Act.\n> \n> **s 3:** Am 1997 No 24, Sch 1 \\[3\\]–\\[5\\]; 1999 No 66, Sch 1 \\[1\\]; 2004 No 23, Sch 1 \\[4\\] \\[5\\]; 2008 No 52, Sch 2.4 \\[1\\]; 2008 No 63, Sch 1 \\[1\\]; 2008 No 90, Sch 1 \\[1\\]; 2009 No 21, Sch 3.15 \\[1\\]; 2010 No 93, Sch 3.5 \\[1\\]; 2017 No 13, Sch 7.13 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Racing NSW","content":"# Part 2 Racing NSW\n\nPart 2 Racing NSW\n\n**pt 2, hdg:** Am 1997 No 24, Sch 1 \\[6\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of Racing NSW","content":"#### 4 Establishment of Racing NSW\n\n4 Establishment of Racing NSW\n\n> > (1) There is established by this Act a body corporate with the corporate name of Racing New South Wales.\n> \n> > (2) Racing New South Wales may, in the exercise of its functions, use the name “Racing NSW”.\n> \n> **s 4:** Subst 1997 No 24, Sch 1 \\[7\\]; 2004 No 23, Sch 1 \\[6\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Racing NSW independent of Government","content":"#### 5 Racing NSW independent of Government\n\n5 Racing NSW independent of Government\n\n> Racing NSW does not represent the Crown and is not subject to direction or control by or on behalf of the Government.\n> \n> **s 5:** Am 1997 No 24, Sch 1 \\[5\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Membership","content":"#### 6 Membership\n\n6 Membership\n\n> > (1) Racing NSW is to consist of the Chief Executive and 7 other members appointed by the Minister from time to time.\n> \n> > (1A) The Minister is to appoint members as follows—\n> > \n> > > (a) except as provided by paragraph (b)—each person appointed must be selected from a recommended members list that is provided to the Minister by the Selection Panel under section 7 in relation to the vacancy or vacancies concerned,\n> > \n> > > (b) in the case of any casual vacancy (a vacancy in the office of an appointed member occurring other than by reason of the completion of the member’s term of office)—each person appointed must be selected from a list of persons recommended for appointment to fill the vacancy or vacancies concerned that is provided to the Minister by Racing NSW.\n> \n> > (1B) The number of persons listed in a list of persons recommended for appointment to fill any casual vacancy or vacancies must be more than the number of persons required to fill the vacancy or vacancies concerned.\n> > \n> > Note—\n> > \n> > See section 7(2)(c) for a comparable requirement in relation to lists provided by the Selection Panel.\n> \n> > (2) A person is not eligible to be an appointed member of Racing NSW if the person—\n> > \n> > > (a) is currently, or during the previous 12 months has been, an employee of a race club, racing association or eligible industry body, or\n> > \n> > > (b) is currently, or during the previous 12 months has been, a member of the governing body of a race club, racing association or eligible industry body, or\n> > \n> > > (c) holds a licence issued by Racing NSW or by a racing association, or\n> > \n> > > (d) is registered by or with the Greyhound Welfare and Integrity Commission under the [Greyhound Racing Act 2017](/view/html/inforce/current/act-2017-013) or HRNSW under the [Harness Racing Act 2009](/view/html/inforce/current/act-2009-020), or\n> > \n> > > (e) is currently, or during the previous 10 years has been, warned off, disqualified or named on the Forfeits List under the Australian Rules of Racing, or\n> > \n> > > (f) during the previous 10 years has been convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or\n> > \n> > > (g) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or\n> > \n> > > (h) is a mentally incapacitated person.\n> \n> > (3) A person is not eligible to be appointed as a member of Racing NSW if the person is a member of the Selection Panel at the time the Selection Panel makes its recommendation for the appointment concerned.\n> \n> > (4) A person is not eligible to hold office as an appointed member of Racing NSW for more than 12 years in total (whether or not involving consecutive terms of office).\n> \n> > (5) The Chief Executive does not have a vote at meetings of Racing NSW.\n> \n> > (6) While a person is an appointed member of Racing NSW, any entitlement of the person to vote as a member of a race club or of an eligible industry body is suspended.\n> \n> **s 6:** Am 1997 No 24, Sch 1 \\[5\\]. Subst 1999 No 66, Sch 1 \\[2\\]; 2008 No 90, Sch 1 \\[2\\]. Am 2009 No 21, Sch 3.15 \\[2\\]; 2011 No 47, Sch 1 \\[1\\] \\[2\\]; 2017 No 13, Sch 7.13 \\[2\\]; 2019 No 23, Sch 1.12\\[1\\]; 2021 No 23, Sch 1.16.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Selection Panel","content":"#### 7 Selection Panel\n\n7 Selection Panel\n\n> > (1) The Minister is to establish a Selection Panel—\n> > \n> > > (a) to prepare and provide to the Minister a list of persons recommended for appointment as members of Racing NSW when any vacancies arise (a recommended members list), and\n> > \n> > > (b) to prepare and provide to the Minister a list of persons recommended for appointment as the Chairperson or Deputy Chairperson of Racing NSW when any vacancies arise, and\n> > \n> > > (c) to recommend the terms of office for persons included in any such list.\n> \n> > (2) A list provided to the Minister under this section—\n> > \n> > > (a) must list the persons recommended for appointment and recommend terms of office for the persons listed, and\n> > \n> > > (b) may list persons as being recommended for appointment both as members of Racing NSW and as the Chairperson or Deputy Chairperson of Racing NSW, and\n> > \n> > > (c) must list more persons than the number of persons required to fill the vacancy or vacancies concerned.\n> \n> > (3) The Selection Panel must not include a person in a recommended members list unless the Panel is satisfied that the person has experience in a senior administrative role or experience at a senior level in one or more of the fields of business, finance, law, marketing, technology, commerce, regulatory administration or regulatory enforcement.\n> \n> > (4) Before including a person in a recommended members list, the Selection Panel must conduct a probity check of the person (with the level of scrutiny as determined by the Minister). The Minister is to appoint a Probity Adviser to assist the Selection Panel to conduct probity checks.\n> \n> > (5) The Selection Panel is to choose between candidates for inclusion in a list to be provided under this section on the basis of merit, with merit to be determined on the basis of a candidate’s abilities, qualifications, experience and personal qualities that are relevant to the performance of the duties of membership of Racing NSW or the duties of the Chairperson or Deputy Chairperson (as the case requires).\n> \n> > (6) The Selection Panel must not include a person in a recommended members list if the Panel is satisfied that the person has a direct or indirect pecuniary interest in any matter that gives rise (or is likely to give rise) to a conflict of interest of a nature that is incompatible with membership of Racing NSW.\n> \n> > (7) The term of office for which the Minister may appoint a person selected from a list provided under this section may (but need not) be the term of office recommended by the Selection Panel.\n> \n> **s 7:** Am 1997 No 24, Sch 1 \\[5\\] \\[8\\]; 1999 No 66, Sch 1 \\[3\\] \\[4\\]; 1999 No 94, Sch 4.165; 2002 No 38, Sch 5.17; 2002 No 39, Sch 5.12; 2004 No 36, Sch 3.15. Subst 2008 No 90, Sch 1 \\[2\\]; 2011 No 47, Sch 1 \\[3\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Term of office of members","content":"#### 8 Term of office of members\n\n8 Term of office of members\n\n> > (1) An appointed member of Racing NSW is to be appointed to hold office (subject to this Act) for a period of up to 4 years, unless the appointment is to fill a casual vacancy.\n> \n> > (2) An appointed member appointed to fill a casual vacancy (a vacancy in the office of an appointed member occurring other than by reason of the completion of the member’s term of office) is to be appointed for the balance of the term of office of the member’s predecessor.\n> \n> **s 8:** Am 1997 No 24, Sch 1 \\[5\\] \\[9\\]; 1999 No 66, Sch 1 \\[5\\] \\[6\\]. Subst 2008 No 90, Sch 1 \\[2\\]. Am 2011 No 47, Sch 1 \\[4\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":null,"content":"#### 9\n\n9 (Repealed)","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Remuneration","content":"#### 10 Remuneration\n\n10 Remuneration\n\n> > (1) An appointed member of Racing NSW is entitled to be paid—\n> > \n> > > (a) remuneration consisting of a base amount adjusted annually in accordance with the annual percentage increase (if any) in the Consumer Price Index occurring after the determination or redetermination of the base amount takes effect, and\n> > \n> > > (b) allowances to reimburse the member for expenses that he or she may incur (for travel or accommodation, for example).\n> \n> > (1A) The Statutory and Other Offices Remuneration Tribunal may, on the application of Racing NSW, redetermine the base amount from time to time, with effect from the date of the redetermination or such later date as the Tribunal may specify.\n> \n> > (2) In this section—\n> > \n> > base amount means an amount determined for the purposes of this section by the Statutory and Other Offices Remuneration Tribunal (which determination, whenever made, is taken to be effective on the commencement of this subsection).\n> > \n> > Consumer Price Index means the number appearing in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.\n> \n> **s 10:** Am 1997 No 24, Sch 1 \\[5\\]. Subst 1999 No 66, Sch 1 \\[8\\]. Am 2008 No 63, Sch 1 \\[5\\]–\\[7\\].","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Duty of members to act in interests of public and industry","content":"#### 11 Duty of members to act in interests of public and industry\n\n11 Duty of members to act in interests of public and industry\n\n> It is the duty of each appointed member of Racing NSW to act in the public interest and in the interests of the horse racing industry as a whole in New South Wales.\n> \n> **s 11:** Am 1997 No 24, Sch 1 \\[5\\]. Subst 1999 No 66, Sch 1 \\[9\\]; 2008 No 63, Sch 1 \\[8\\].","sortOrder":13},{"sectionNumber":"11A","sectionType":"section","heading":"Code of conduct","content":"#### 11A Code of conduct\n\n11A Code of conduct\n\n> > (1) Racing NSW must, within 3 months after the commencement of this section, adopt a code of conduct to be observed by members and staff of Racing NSW.\n> \n> > (2) The code of conduct must include a statement of the duty of members of Racing NSW under sections 11 (Duty of members to act in interests of public and industry) and 21 (Disclosure of pecuniary interests by members) and the obligations of Racing NSW under section 21 in connection with disclosures under that section.\n> \n> > (3) Racing NSW must review its code of conduct at least every 3 years and make such changes to it as it considers appropriate.\n> \n> **s 11A:** Ins 2008 No 63, Sch 1 \\[9\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Personal liability","content":"#### 12 Personal liability\n\n12 Personal liability\n\n> > (1) A matter or thing done or omitted to be done by Racing NSW, the Chief Executive, or a member of Racing NSW or the Selection Panel or any person acting under the direction of Racing NSW does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the Chief Executive, the member or a person so acting personally to any action, liability, claim or demand.\n> \n> > (2) If this section prevents liability attaching to a person, the liability attaches instead to Racing NSW.\n> \n> **s 12:** Am 1997 No 24, Sch 1 \\[5\\]; 1999 No 66, Sch 1 \\[10\\]; 2008 No 63, Sch 1 \\[11\\]; 2008 No 90, Sch 1 \\[3\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Functions of Racing NSW","content":"#### 13 Functions of Racing NSW\n\n13 Functions of Racing NSW\n\n> > (1) Racing NSW has the following functions—\n> > \n> > > (a) all the functions of the principal club for New South Wales and committee of the principal club for New South Wales under the Australian Rules of Racing,\n> > \n> > > (b) to control, supervise and regulate horse racing in the State,\n> > \n> > > (b1) such functions in relation to the business, economic development and strategic development of the horse racing industry in the State as are conferred or imposed by this Act,\n> > \n> > > (c) to initiate, develop and implement policies considered conducive to the promotion, strategic development and welfare of the horse racing industry in the State and the protection of the public interest as it relates to the horse racing industry,\n> > \n> > > (d) functions with respect to the insuring of participants in the horse racing industry, being functions of the kind exercised by the AJC on the commencement of this section, and such other functions with respect to insurance in the horse racing industry as may be prescribed by the regulations,\n> > \n> > > (e) such functions as may be conferred or imposed on Racing NSW by or under the Australian Rules of Racing or any other Act,\n> > \n> > > (f) such functions with respect to horse racing in New South Wales as may be prescribed by the regulations.\n> \n> > (2) The functions of Racing NSW are not limited by the Australian Rules of Racing and are to be exercised independently of Racing Australia Limited.\n> \n> > (3) The AJC ceases to have the functions that are solely the functions of the principal club for New South Wales or committee of the principal club for New South Wales under the Australian Rules of Racing.\n> \n> > (4) In this section—\n> > \n> > AJC means the club known as the Australian Jockey Club as referred to in the [Australian Jockey Club Act 1873](/view/html/repealed/current/act-1873-ajc) on the commencement of this section.\n> \n> **s 13:** Am 1997 No 24, Sch 1 \\[5\\] \\[10\\] \\[11\\]; 2008 No 52, Sch 2.4 \\[2\\]; 2008 No 63, Sch 1 \\[12\\]–\\[14\\]; 2017 No 63, Sch 4.53.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Powers of Racing NSW","content":"#### 14 Powers of Racing NSW\n\n14 Powers of Racing NSW\n\n> > (1) Racing NSW has power to do all things that may be necessary or convenient to be done for or in connection with the exercise of its functions.\n> \n> > (2) Without limiting subsection (1), Racing NSW has power to do the following—\n> > \n> > > (a) investigate and report on proposals for the construction of new racecourses, and inspect new racecourses or alterations or renovations to existing racecourses,\n> > \n> > > (b) register or licence, or refuse to register or licence, or cancel or suspend the registration or licence of, a race club, or an owner, trainer, jockey, stablehand, bookmaker, bookmaker’s clerk or another person associated with racing, or disqualify or suspend any of those persons permanently or for a specified period,\n> > \n> > > (c) supervise the activities of race clubs, persons licensed by Racing NSW and all other persons engaged in or associated with racing,\n> > \n> > > (d) inquire into and deal with any matter relating to racing and to refer any such matter to stewards or others for investigation and report and, without limiting the generality of this power, to inquire at any time into the running of any horse on any course or courses, whether or not a report concerning the matter has been made or decision arrived at by any stewards,\n> > \n> > > (e) allocate to registered race clubs the dates on which they may conduct race meetings,\n> > \n> > > (f) direct and supervise the dissolution of a race club that ceases to be registered by Racing NSW,\n> > \n> > > (g) appoint an administrator to conduct the affairs of a race club,\n> > \n> > > (h) register and identify galloping horses,\n> > \n> > > (i) disqualify a horse from participating in a race,\n> > \n> > > (j) exclude from participating in a race a horse not registered under the Rules of Racing,\n> > \n> > > (k) prohibit a person from attending at or taking part in a race meeting,\n> > \n> > > (l) impose a penalty on a person licensed by it or on an owner of a horse for a contravention of the Rules of Racing,\n> > \n> > > (m) impose fees for registration of a person or horse,\n> > \n> > > (n) require registered race clubs to pay to it such fees and charges (including fees for registration of a race club) as are required for the proper performance of its functions, calculated on the basis of criteria notified to race clubs by Racing NSW,\n> > \n> > > (o) consult, join, affiliate and maintain liaison with other associations or bodies, whether in the State or elsewhere, concerned with the breeding or racing of galloping horses,\n> > \n> > > (p) enter into contracts,\n> > \n> > > (q) acquire, hold, take or lease and dispose of real and personal property whether in its own right or as trustee,\n> > \n> > > (r) borrow money,\n> > \n> > > (s) order an audit of the books and accounts of a race club by an auditor who is a registered company auditor nominated by Racing NSW,\n> > \n> > > (t) scrutinise the constitutions of race clubs to ensure they conform to any applicable Act and the Rules of Racing and that they clearly and concisely express the needs and desires of the clubs concerned and of racing generally,\n> > \n> > > (u) publish material, including periodical publications, to inform and keep informed the public concerning matters relating to racing, whether in the State or elsewhere,\n> > \n> > > (v) undertake research and investigation into all aspects of the breeding of horses and of racing generally,\n> > \n> > > (w) take such steps and do such acts and things as are incidental or conducive to the exercise of its powers and the performance of its functions.\n> \n> **s 14:** Am 1997 No 24, Sch 1 \\[5\\]; 2008 No 63, Sch 1 \\[15\\].","sortOrder":17},{"sectionNumber":"14AA","sectionType":"section","heading":"Registration and licensing functions of Racing NSW—general","content":"#### 14AA Registration and licensing functions of Racing NSW—general\n\n14AA Registration and licensing functions of Racing NSW—general\n\n> > (1) Racing NSW is to exercise its registration and licensing functions so as to ensure that any individuals registered or licensed by Racing NSW are persons who, in the opinion of Racing NSW, are fit and proper persons to be so registered or licensed (having regard in particular to the need to protect the public interest as it relates to the horse racing industry).\n> \n> > (2) Without limiting subsection (1), a person is not to be so registered or licensed if the person has a conviction and Racing NSW is of the opinion that the circumstances of the offence concerned are such as to render the person unfit to be so registered or licensed.\n> \n> > (3) This section does not limit any provisions of the Rules of Racing relating to the exercise of the registration and licensing functions of Racing NSW.\n> \n> > (4) In this section—\n> > \n> > conviction has the meaning given by the [Criminal Records Act 1991](/view/html/inforce/current/act-1991-008) but does not include a conviction that is spent under that Act.\n> > \n> > registration and licensing functions means the functions referred to in section 14(2)(b).\n> \n> **s 14AA:** Ins 2004 No 23, Sch 1 \\[7\\].","sortOrder":18},{"sectionNumber":"14A","sectionType":"section","heading":"Licensing of bookmakers","content":"#### 14A Licensing of bookmakers\n\n14A Licensing of bookmakers\n\n> > (1) An application for a bookmaker licence may be made—\n> > \n> > > (a) by a natural person of or over the age of 18 years, or\n> > \n> > > (b) by a proprietary company.\n> \n> > (2) Racing NSW must refuse to licence a proprietary company as a bookmaker unless satisfied that the company is an eligible company.\n> \n> > (3) For the purposes of this section, an eligible company means a proprietary company that is registered under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth and in which—\n> > \n> > > (a) each director, shareholder and person concerned in the management of the company is of or over the age of 18 years, and\n> > \n> > > (b) each director is licensed as an individual as a bookmaker under this Act, and\n> > \n> > > (c) each director is a shareholder and person concerned in the management of the company, and\n> > \n> > > (d) each shareholder who is not a director is a close family member of a director, and\n> > \n> > > (e) each shareholder or person concerned in the management of the company who is not a director is, in the opinion of Racing NSW, a fit and proper person to be licensed as an individual as a bookmaker under this Act, and\n> > \n> > > (f) subject to the regulations, no person (other than a shareholder) has any interest in the shares or assets of the company.\n> \n> > (4) It is a condition of a bookmaker licence granted to a company that—\n> > \n> > > (a) the company continues to be an eligible company, and\n> > \n> > > (b) no shareholder or person concerned in the management of the company, other than a director, is licensed as an individual as a bookmaker under this Act, and\n> > \n> > > (c) no director, shareholder or person concerned in the management of the company—\n> > > \n> > > > (i) carries on the business of a bookmaker, otherwise than on behalf of the company, in relation to any horse, harness or greyhound race, at a meeting for horse racing in New South Wales, or\n> > > \n> > > > (ii) carries on, at a racecourse licensed for horse racing, the business of a bookmaker in respect of a declared betting event otherwise than on behalf of the company, or\n> > > \n> > > > (iii) is a director, shareholder or person concerned in the management of, or is an employee or agent of, any other company that is licensed as a bookmaker under this Act, or\n> > > \n> > > > (iv) has a financial interest in any business of a bookmaker that is carried on by any such other company under the authority of its licence under this Act, and\n> > \n> > > (d) (Repealed)\n> > \n> > > (e) no director, shareholder or person concerned in the management of the company—\n> > > \n> > > > (i) is licensed or otherwise authorised as an individual to carry on, or carries on, the business of a bookmaker, bookmaker’s clerk or turf commission agent, or a totalizator business, or any other kind of betting, wagering, gambling or gaming business, in another country, or\n> > > \n> > > > (ii) is a director, shareholder or person concerned in the management of a corporation, or is a member of a partnership, that is licensed or otherwise authorised to carry on, or that carries on, any such business in another country, or\n> > > \n> > > > (iii) is an employee or agent of any individual, partnership or corporation referred to in the preceding subparagraphs, or\n> > > \n> > > > (iv) has a financial interest in the business of a bookmaker or turf commission agent, or a totalizator business, or any other kind of betting, wagering, gambling or gaming business, that is authorised to be carried on or is carried on in another country.\n> \n> > (5) In subsection (4)(c) and (e), a reference to carrying on the business of a bookmaker, or the business of a bookmaker’s clerk or turf commission agent, includes a reference to acting as a bookmaker, or a bookmaker’s clerk or turf commission agent.\n> \n> > (6) (Repealed)\n> \n> > (7) Racing NSW may suspend or cancel a bookmaker licence granted to a company if satisfied that any condition referred to in subsection (4) is contravened in respect of the company. This does not limit the powers of Racing NSW to suspend or cancel the registration of a company as a bookmaker under section 14.\n> \n> > (8) Any debt that is incurred by a company in carrying on business as a bookmaker licensed under this Act is enforceable jointly and severally against all persons who are directors of the company at the time the debt is incurred (whether or not they are directors at the time the debt is sought to be enforced).\n> \n> > (9) In this section—\n> > \n> > close family member of a director means—\n> > \n> > > (a) a spouse, de facto partner, parent, child, brother or sister of the director, or\n> > \n> > > (b) a person who has a relationship with the director that is prescribed by the regulations for the purposes of this definition.\n> > \n> > Note—\n> > \n> > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> > \n> > declared betting event has the same meaning as it has in the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114).\n> > \n> > financial interest in a bookmaking business means an entitlement to receive any of the income from the business.\n> > \n> > meeting for horse racing has the same meaning as in section 4 of the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114).\n> > \n> > racecourse licensed for horse racing means a racecourse in respect of which a licence for meetings for horse racing granted under section 7 of the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114) is in force.\n> \n> **s 14A:** Ins 2002 No 15, Sch 3 \\[1\\]. Am 2006 No 91, Sch 1.3 \\[1\\]–\\[4\\]; 2008 No 23, Sch 3.47; 2010 No 19, Sch 3.114 \\[1\\] \\[2\\]; 2010 No 132, Sch 4.3 \\[1\\] \\[2\\]; 2014 No 25, Sch 2.3 \\[1\\] \\[2\\]; 2017 No 22, Sch 2.42.","sortOrder":19},{"sectionNumber":"14B","sectionType":"section","heading":"Consultation and planning","content":"#### 14B Consultation and planning\n\n14B Consultation and planning\n\n> > (1) Racing NSW is to prepare business plans for its activities from time to time.\n> \n> > (2) Racing NSW is to undertake formal consultation on a regular basis with RICG and other horse racing industry stakeholders in connection with the initiation, development and implementation of policies for the promotion, strategic development and welfare of the horse racing industry.\n> \n> > (3) Racing NSW is to prepare an initial strategic plan for the horse racing industry within 12 months after the commencement of this section and is to prepare a further strategic plan for the horse racing industry every 3 years after the initial strategic plan is prepared. Each strategic plan must be prepared in consultation with RICG and other horse racing industry stakeholders.\n> \n> > (4) The annual report of Racing NSW is to include a progress report on implementation of the business plan of Racing NSW and the strategic plan for the horse racing industry over the period to which the annual report relates.\n> \n> **s 14B:** Ins 2008 No 63, Sch 1 \\[16\\].","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Vacation of office","content":"#### 15 Vacation of office\n\n15 Vacation of office\n\n> > (1) The office of an appointed member of Racing NSW becomes vacant if the member—\n> > \n> > > (a) dies, or\n> > \n> > > (b) completes a term of office and is not reappointed, or\n> > \n> > > (c) resigns the office by instrument in writing addressed to Racing NSW, or\n> > \n> > > (d) is absent from 4 consecutive meetings of Racing NSW of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by Racing NSW or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by Racing NSW for having been absent from those meetings, or\n> > \n> > > (e) becomes a person who is not eligible to be a member, or\n> > \n> > > (f) is removed from office under subsection (2) or (3).\n> \n> > (2) The Minister may, on the recommendation of Racing NSW, remove an appointed member of Racing NSW from office for incapacity, incompetence, misbehaviour or a contravention of the code of conduct adopted by Racing NSW under section 11A.\n> \n> > (3) The Minister may also remove an appointed member from office if the Minister is satisfied that the member has—\n> > \n> > > (a) contravened section 21 (Disclosure of pecuniary interests by members), or\n> > \n> > > (b) a direct or indirect pecuniary interest in any matter that gives rise (or is likely to give rise) to a conflict of interest of a nature that is incompatible with continued membership of Racing NSW.\n> \n> > (4) The Minister may not remove a member from office under subsection (3) unless the Minister has first given the member an opportunity to show cause why the member should not be removed from office.\n> \n> **s 15:** Am 1997 No 24, Sch 1 \\[5\\]; 1999 No 66, Sch 1 \\[11\\]–\\[14\\]; 2008 No 63, Sch 1 \\[17\\] \\[18\\]; 2008 No 90, Sch 1 \\[4\\]; 2011 No 47, Sch 1 \\[6\\] \\[7\\].","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Chairperson and Deputy Chairperson of Racing NSW","content":"#### 16 Chairperson and Deputy Chairperson of Racing NSW\n\n16 Chairperson and Deputy Chairperson of Racing NSW\n\n> > (1) The Minister is to appoint one of the appointed members of Racing NSW as the Chairperson of Racing NSW and another appointed member as the Deputy Chairperson of Racing NSW.\n> \n> > (2) The Minister must select persons for appointment as the Chairperson or Deputy Chairperson to a vacancy in any of those offices from a list of persons recommended for appointment as such that is provided to the Minister by the Selection Panel under section 7 in relation to the vacancy concerned.\n> \n> > (3) The appointment of a person as the Chairperson or Deputy Chairperson may be made by the relevant instrument of appointment of the person as an appointed member or by another instrument executed by the Minister.\n> \n> > (4) The Chairperson or Deputy Chairperson is to be appointed to hold office (subject to this Act) for a period of up to 4 years, unless the Chairperson or Deputy Chairperson sooner vacates office as such.\n> \n> > (5) The Minister may remove a person from office as the Chairperson or Deputy Chairperson at any time.\n> \n> > (6) A person ceases to hold office as Chairperson or Deputy Chairperson if he or she—\n> > \n> > > (a) resigns the office by instrument in writing addressed to the Minister, or\n> > \n> > > (b) is removed from that office by the Minister, or\n> > \n> > > (c) ceases to hold office as a member of Racing NSW.\n> \n> > (7) The Chairperson or Deputy Chairperson does not cease to be a member of Racing NSW merely because he or she ceases to be Chairperson or Deputy Chairperson.\n> \n> **s 16:** Am 1997 No 24, Sch 1 \\[5\\] \\[12\\]. Subst 1999 No 66, Sch 1 \\[15\\]; 2008 No 63, Sch 1 \\[20\\]; 2011 No 47, Sch 1 \\[8\\].","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Member vacancies to be filled","content":"#### 17 Member vacancies to be filled\n\n17 Member vacancies to be filled\n\n> If the office of an appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.\n> \n> **s 17:** Am 1999 No 66, Sch 1 \\[16\\]. Subst 2008 No 63, Sch 1 \\[21\\].","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"The Chief Executive and other staff","content":"#### 18 The Chief Executive and other staff\n\n18 The Chief Executive and other staff\n\n> > (1) Racing NSW is to employ a Chief Executive and may employ such other staff as it considers necessary for the exercise of its functions. A person is disqualified from being employed as Chief Executive if the person is or becomes an employee of a race club or racing association.\n> \n> > (2) Racing NSW may fix the salary, wages and other conditions of employment of the Chief Executive and its other staff, in so far as they are not fixed by or under any other Act or law.\n> \n> > (3) The [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) does not apply to the Chief Executive and the other members of staff of Racing NSW.\n> \n> **s 18:** Am 1997 No 24, Sch 1 \\[5\\]; 2015 No 15, Sch 3.57.","sortOrder":24},{"sectionNumber":"18A","sectionType":"section","heading":"Arrangements for use of staff and facilities of HRNSW","content":"#### 18A Arrangements for use of staff and facilities of HRNSW\n\n18A Arrangements for use of staff and facilities of HRNSW\n\n> > (1) Racing NSW may arrange for the use of the services of any staff or facilities of HRNSW.\n> \n> > (2) For the purposes of this Act, a person whose services are utilised by Racing NSW under this section is taken to be a member of staff of Racing NSW in the exercise of functions by the person under this Act.\n> \n> > (3) Without limiting subsection (1), Racing NSW may arrange for a steward appointed by HRNSW to perform the functions of a steward under this Act. Any such person is taken to have been appointed by Racing NSW as a steward for the purposes of this Act while exercising functions under this Act in accordance with those arrangements.\n> \n> > (4) Without limiting subsection (1), Racing NSW may arrange to share with HRNSW any equipment, information technology (such as computer software) or office, or any administrative system relating to licensing or registration.\n> \n> > (5) Racing NSW is not authorised to enter into an arrangement under this section in relation to stewards, licensing or registration without the consent of the Minister.\n> \n> > (6) The consent of the Minister under subsection (5)—\n> > \n> > > (a) may be given in relation to a particular arrangement or a class of arrangements, and\n> > \n> > > (b) may be subject to conditions, and\n> > \n> > > (c) may be amended from time to time.\n> \n> **s 18A:** Ins 2009 No 21, Sch 3.15 \\[3\\]. Am 2017 No 13, Sch 7.13 \\[3\\].","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Procedure","content":"#### 19 Procedure\n\n19 Procedure\n\n> > (1) Racing NSW may regulate its proceedings as it considers appropriate, subject to this section.\n> \n> > (1A) Proceedings in respect of an inquiry conducted by Racing NSW may be conducted in public or in private, or partly in public and partly in private, as Racing NSW may decide.\n> \n> > (1B) In conducting an inquiry, Racing NSW may examine any witness on oath or affirmation, or by use of a statutory declaration.\n> \n> > (2) The quorum for a meeting of Racing NSW is a majority of the appointed members of Racing NSW as constituted for the time being.\n> \n> > (3) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson is to preside at a meeting of Racing NSW. If neither the Chairperson nor Deputy Chairperson is present at a meeting, the members present may elect one of their number to preside at the meeting. The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.\n> \n> > (4) A decision supported by a majority of the votes cast at a meeting of Racing NSW at which a quorum is present is the decision of Racing NSW.\n> \n> > (5), (6) (Repealed)\n> \n> **s 19:** Am 1997 No 24, Sch 1 \\[5\\]; 1998 No 66, Sch 1 \\[1\\]; 1999 No 66, Sch 1 \\[17\\] \\[18\\]; 2008 No 63, Sch 1 \\[22\\]; 2008 No 90, Sch 1 \\[5\\].","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Transaction of business outside meetings or by telephone","content":"#### 20 Transaction of business outside meetings or by telephone\n\n20 Transaction of business outside meetings or by telephone\n\n> > (1) Racing NSW may, if it thinks fit, transact any of its business by the circulation of papers among all of its members, and a resolution in writing approved in writing by a majority of the appointed members is taken to be a decision of Racing NSW.\n> > \n> > Email may be used to circulate papers among members and a resolution approved by email is taken to have been approved in writing.\n> \n> > (2) Racing NSW may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if a member who speaks on a matter at the meeting can be heard by the other members.\n> \n> > (3) For the purposes of—\n> > \n> > > (a) the approval of a resolution under subsection (1), or\n> > \n> > > (b) a meeting held in accordance with subsection (2),\n> > \n> > the Chairperson and each other member have the same voting rights as they have at an ordinary meeting of Racing NSW.\n> \n> > (4) A resolution approved under subsection (1) is to be recorded in the minutes of the meetings of Racing NSW.\n> \n> > (5) Papers may be circulated among members for the purposes of subsection (1) by facsimile or other transmission of the information in the papers concerned.\n> \n> **s 20:** Am 1997 No 24, Sch 1 \\[5\\]; 1999 No 66, Sch 1 \\[19\\]; 2008 No 63, Sch 1 \\[24\\] \\[25\\].","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Disclosure of pecuniary interests by members","content":"#### 21 Disclosure of pecuniary interests by members\n\n21 Disclosure of pecuniary interests by members\n\n> > (1) If—\n> > \n> > > (a) a member of Racing NSW or of a committee of Racing NSW has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of Racing NSW or the committee, and\n> > \n> > > (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,\n> > \n> > the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of Racing NSW or the committee.\n> \n> > (2) A disclosure by a member at a meeting of Racing NSW or a committee of Racing NSW that the member—\n> > \n> > > (a) is a member, or is in the employment, of a specified company or other body, or\n> > \n> > > (b) is a partner, or is in the employment, of a specified person, or\n> > \n> > > (c) has some other specified interest relating to a specified company or other body or to a specified person,\n> > \n> > is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subsection (1).\n> \n> > (3) Particulars of any disclosure made under this section must be recorded by Racing NSW or the committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the reasonable fee determined by Racing NSW.\n> \n> > (4) After a member has disclosed the nature of an interest in any matter, the member must not—\n> > \n> > > (a) be present during any deliberation of Racing NSW or the committee with respect to the matter, or\n> > \n> > > (b) take part in any decision of Racing NSW or the committee with respect to the matter.\n> \n> > (5) (Repealed)\n> \n> > (6) A contravention of this section does not invalidate any decision of Racing NSW or a committee.\n> \n> **s 21:** Am 1997 No 24, Sch 1 \\[5\\]; 2011 No 47, Sch 1 \\[9\\] \\[10\\].","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Committees","content":"#### 22 Committees\n\n22 Committees\n\n> > (1) Racing NSW may establish committees to assist it in connection with the exercise of any of its functions.\n> \n> > (2) A person may be appointed to be a member of such a committee whether or not the person is a member of Racing NSW.\n> \n> > (3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by Racing NSW or (subject to any determination of Racing NSW) by the committee.\n> \n> **s 22:** Am 1997 No 24, Sch 1 \\[5\\].","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Integrity Assurance Committee","content":"#### 23 Integrity Assurance Committee\n\n23 Integrity Assurance Committee\n\n> > (1) Racing NSW must establish a committee to be known as the Integrity Assurance Committee (“the IA Committee”). The IA Committee is to have primary oversight of those aspects of the functions of Racing NSW that relate to race stewards, drug testing and control, licensing, handicapping and horse racing appeals. The IA Committee has such other functions as Racing NSW may confer on it or as are conferred on it by this Act.\n> \n> > (2) The IA Committee is to advise Racing NSW on the matters for which it has primary oversight.\n> \n> > (3) Racing NSW is to determine the qualifications and disqualifications for membership of the IA Committee and in doing so is to have particular regard to the need to minimise conflicts of interest, such as might arise from a person’s—\n> > \n> > > (a) ownership of horses currently in work, or\n> > \n> > > (b) professional involvement in race preparation, or\n> > \n> > > (c) professional or commercial dealings with any person who holds a licence issued by Racing NSW or by a racing association.\n> \n> **s 23:** Am 1997 No 24, Sch 1 \\[5\\]; 1997 No 147, Sch 2.28; 2004 No 23, Sch 1 \\[8\\]; 2009 No 21, Sch 3.15 \\[4\\].","sortOrder":30},{"sectionNumber":"23A","sectionType":"section","heading":"Inquiries and investigations by Integrity Assurance Committee in relation to complaint","content":"#### 23A Inquiries and investigations by Integrity Assurance Committee in relation to complaint\n\n23A Inquiries and investigations by Integrity Assurance Committee in relation to complaint\n\n> > (1) A person may make a complaint to the IA Committee in respect of the exercise of functions by a racing official relating to horse racing.\n> \n> > (2) On receiving a complaint from a person under this section, the IA Committee must investigate the complaint with due diligence unless the Committee considers that the complaint—\n> > \n> > > (a) is frivolous, vexatious or not made in good faith, or\n> > \n> > > (b) is trivial, or\n> > \n> > > (c) does not relate to the exercise of functions by a racing official in a corrupt, improper or unethical manner.\n> \n> > (3) If the IA Committee decides to investigate a complaint, the Committee must inform the racing official concerned of the substance of the complaint and give the racing official a reasonable opportunity to respond to it.\n> \n> > (4) The IA Committee may, by notice in writing, require a racing official who is the subject of an investigation under this section to do one or more of the following things—\n> > \n> > > (a) provide, in accordance with directions in the notice, such information verified by statutory declaration as, in the opinion of the Committee, is relevant to the investigation and is specified in the notice,\n> > \n> > > (b) produce, in accordance with directions in the notice, such records as, in the opinion of the Committee, are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,\n> > \n> > > (c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),\n> > \n> > > (d) furnish to the Committee such authorisations and consents as the Committee requires for the purpose of enabling the Committee to obtain information (including financial and other confidential information) from other persons concerning the person under investigation.\n> \n> > (5) A person who complies with a requirement of a notice under subsection (4) does not on that account incur a liability to another person.\n> \n> > (6) A person must not fail to comply with a requirement of the IA Committee contained in a notice under subsection (4).\n> > \n> > Maximum penalty (subsection (6)): 20 penalty units.\n> \n> **ss 23A. 23B:** Ins 2009 No 21, Sch 3.15 \\[5\\].","sortOrder":31},{"sectionNumber":"23B","sectionType":"section","heading":"Action after investigation of complaint","content":"#### 23B Action after investigation of complaint\n\n23B Action after investigation of complaint\n\n> > (1) The IA Committee must provide a report in writing of the results of the investigation of a complaint to Racing NSW and the Minister if satisfied that those results indicate that there has been a contravention of this or any other Act in relation to the conduct of horse racing or a contravention of the code of conduct adopted by Racing NSW under section 11A.\n> \n> > (2) If such a report identifies any racing official in an adverse manner, the IA Committee must also give a copy of the report to the racing official.\n> \n> > (3) The IA Committee must inform the person who made the complaint of whether a report has been made under this section or whether the Committee considers that the complaint does not warrant such a report being made.","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Delegation of functions","content":"#### 24 Delegation of functions\n\n24 Delegation of functions\n\n> > (1) Racing NSW may delegate to an authorised person or body any of its functions, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person or body any function delegated by Racing NSW if the delegate is authorised in writing to do so by Racing NSW.\n> \n> > (3) In this section, authorised person or body means—\n> > \n> > > (a) the Chief Executive or any other member of Racing NSW, or\n> > \n> > > (b) a committee of Racing NSW or any member of such a committee, or\n> > \n> > > (c) a race club or racing association.\n> \n> **s 24:** Am 1997 No 24, Sch 1 \\[5\\].","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":null,"content":"#### 25\n\n25 (Repealed)","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Authentication of documents","content":"#### 26 Authentication of documents\n\n26 Authentication of documents\n\n> Any document requiring authentication by Racing NSW is sufficiently authenticated without the seal of Racing NSW if signed by the Chairperson.\n> \n> **s 26:** Am 1997 No 24, Sch 1 \\[5\\].","sortOrder":36},{"sectionNumber":"27","sectionType":"section","heading":"Recovery of money","content":"#### 27 Recovery of money\n\n27 Recovery of money\n\n> Any charge, fee or other money due to Racing NSW may be recovered as a debt in a court of competent jurisdiction.\n> \n> **s 27:** Am 1997 No 24, Sch 1 \\[5\\].","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":null,"content":"#### 28\n\n28 (Repealed)","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Annual report","content":"#### 29 Annual report\n\n29 Annual report\n\n> > (1) Racing NSW must, as soon as practicable after 30 June and in any case before 1 November in each year prepare and forward to the Minister a report of its work and activities for the 12 months ending on that 30 June.\n> \n> > (2) The report must include copies of the financial statements of Racing NSW for the 12 month period to which the report relates together with an auditor’s report on those statements prepared by an independent auditor.\n> \n> > (3) The Minister is to table the report or cause it to be tabled in both Houses of Parliament as soon as practicable after the report is forwarded to the Minister.\n> \n> > (4) Racing NSW is to make copies of the report available to the public at a reasonable price.\n> \n> **s 29:** Am 1997 No 24, Sch 1 \\[5\\].","sortOrder":40},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Special functions of Racing NSW","content":"# Part 2A Special functions of Racing NSW\n\nPart 2A Special functions of Racing NSW\n\n**pt 2A:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":41},{"sectionNumber":"Division 1","sectionType":"division","heading":"Conditions, minimum standards and directions","content":"## Division 1 Conditions, minimum standards and directions\n\nDivision 1 Conditions, minimum standards and directions\n\n**pt 2A, div 1:** Ins 2008 No 63, Sch 1 \\[28\\].\n\n**pt 2A, div 1, hdg:** Ins 2008 No 63, Sch 1 \\[28\\]. Subst 2013 No 21, Sch 1 \\[1\\].","sortOrder":42},{"sectionNumber":"29A","sectionType":"section","heading":"Power to set minimum standards for conduct of races and race meetings","content":"#### 29A Power to set minimum standards for conduct of races and race meetings\n\n29A Power to set minimum standards for conduct of races and race meetings\n\n> > (1) Racing NSW may set minimum standards in connection with the conduct by registered race clubs of races and race meetings, including minimum standards with respect to the following—\n> > \n> > > (a) racecourse design and construction,\n> > \n> > > (b) racecourse facilities and amenities (including facilities and amenities to be provided for patrons, such as grandstands and other patron amenities),\n> > \n> > > (c) racehorse training facilities,\n> > \n> > > (d) the financial management of race meetings, including the management of the costs of conducting race meetings,\n> > \n> > > (e) the fees and charges imposed by a race club in connection with races conducted by the race club,\n> > \n> > > (f) prize money paid on races conducted by a race club,\n> > \n> > > (g) starters, appearance and other fees paid by a race club,\n> > \n> > > (h) such other matters relating to the conduct of races and race meetings as may be prescribed by the regulations.\n> \n> > (2) Racing NSW may set minimum standards under this section in any one or more (or any combination) of the following ways—\n> > \n> > > (a) by a direction in writing to race clubs,\n> > \n> > > (b) as a condition of the registration of race clubs,\n> > \n> > > (c) as a condition of the allocation of the dates on which race clubs may conduct race meetings.\n> \n> > (3) Racing NSW is to consult with registered race clubs in relation to any proposal to set minimum standards under this section and in the course of that consultation must give a registered race club a reasonable opportunity to be heard and to make submissions on the proposal.\n> \n> > (4) Minimum standards may be set under this section even if they are inconsistent with a provision of a by-law under any Act. In the event of an inconsistency between minimum standards set under this section and a provision of such a by-law, those minimum standards prevail to the extent of the inconsistency.\n> \n> **s 29A:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":43},{"sectionNumber":"29B","sectionType":"section","heading":"Race clubs to provide information and documents","content":"#### 29B Race clubs to provide information and documents\n\n29B Race clubs to provide information and documents\n\n> Racing NSW may give a direction in writing to a registered race club requiring the club to provide specified documents or furnish specified information to Racing NSW within a time specified in the direction, being documents or information that Racing NSW considers will be of assistance in connection with the exercise of its functions referred to in section 13(1)(b), (b1) or (c) or 29A.\n> \n> **s 29B:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":44},{"sectionNumber":"29C","sectionType":"section","heading":"Sanctions for non-compliance by race club with conditions, minimum standards and directions","content":"#### 29C Sanctions for non-compliance by race club with conditions, minimum standards and directions\n\n29C Sanctions for non-compliance by race club with conditions, minimum standards and directions\n\n> > (1) Racing NSW may impose any sanction authorised by this section on a registered race club that Racing NSW is satisfied has—\n> > \n> > > (a) failed without reasonable excuse to comply with a minimum standard set under section 29A, or\n> > \n> > > (b) failed without reasonable excuse to comply with a direction given to the race club under section 29B, or\n> > \n> > > (c) failed without reasonable excuse to comply with a condition of the registration of the race club (other than a minimum standard set under section 29A).\n> \n> > (2) Each of the following sanctions is a sanction that Racing NSW may impose under this section—\n> > \n> > > (a) a public admonishment of the race club,\n> > \n> > > (b) a requirement that the race club pay to Racing NSW a civil penalty of up to 50 penalty units (or up to 100 penalty units if the contravention or failure is the second or a subsequent contravention or failure for which a civil penalty has been imposed on the race club under this section),\n> > \n> > > (c) suspension or cancellation of the race club’s registration.\n> \n> > (3) Racing NSW is not to impose a sanction under this section without first giving the registered race club concerned notice in writing of the proposed sanction and a reasonable opportunity to be heard and to make submissions about the matter.\n> \n> > (4) Subsection (3) does not apply in respect of the imposition of a sanction if Racing NSW is satisfied that the sanction must be imposed as a matter of urgency because the contravention or failure concerned poses a significant threat—\n> > \n> > > (a) to public health or safety, or\n> > \n> > > (b) to the financial wellbeing of the horse racing industry as a whole in New South Wales.\n> \n> > (5) A sanction is imposed by giving notice in writing of the decision to impose the sanction to the race club concerned.\n> \n> > (6) A civil penalty imposed under this section may be recovered by Racing NSW as a debt.\n> \n> **s 29C:** Ins 2008 No 63, Sch 1 \\[28\\]. Am 2013 No 21, Sch 1 \\[2\\].","sortOrder":45},{"sectionNumber":"Division 2","sectionType":"division","heading":"Race broadcasting arrangements","content":"## Division 2 Race broadcasting arrangements\n\nDivision 2 Race broadcasting arrangements\n\n**pt 2A, div 2:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":46},{"sectionNumber":"29D","sectionType":"section","heading":"Definitions","content":"#### 29D Definitions\n\n29D Definitions\n\n> In this Division—\n> \n> broadcasting arrangement means a contract, understanding or other arrangement that—\n> \n> > (a) facilitates a racing body engaging in race broadcasting or otherwise confers functions on a racing body in connection with race broadcasting, or\n> \n> > (b) authorises or permits a person (other than a racing body) to engage in race broadcasting or otherwise facilitates such a person engaging in race broadcasting, or\n> \n> > (c) makes provision in respect of race broadcasting and is prescribed by the regulations as a broadcasting arrangement for the purposes of this Division.\n> \n> race broadcasting means the broadcast, by means of a broadcasting service (within the meaning of the [Broadcasting Services Act 1992](http://www.legislation.gov.au/) of the Commonwealth) or any other telecommunications medium, of—\n> \n> > (a) the visual images or sound (or both) of any horse race promoted, conducted or controlled by a racing body, or\n> \n> > (b) the call of any such horse race,\n> \n> and includes the marketing and distribution of any such broadcast.\n> \n> racing body means—\n> \n> > (a) a race club, and\n> \n> > (b) the Provincial Association of New South Wales, Racing NSW Country Limited or any other association or group of race clubs, and\n> \n> > (c) such other body or group as may be prescribed by the regulations.\n> \n> **s 29D:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":47},{"sectionNumber":"29E","sectionType":"section","heading":"Racing NSW approval required for race broadcasting arrangements","content":"#### 29E Racing NSW approval required for race broadcasting arrangements\n\n29E Racing NSW approval required for race broadcasting arrangements\n\n> > (1) A racing body must not enter into a broadcasting arrangement unless Racing NSW has given its prior approval in writing to the proposed arrangement. Racing NSW may refuse to approve of a proposed broadcasting arrangement if of the opinion that the arrangement is not in the best interests of the horse racing industry as a whole in New South Wales.\n> \n> > (2) A broadcasting arrangement entered into in contravention of this section is void.\n> \n> > (3) No compensation is payable by Racing NSW or the State in connection with the refusal by Racing NSW to approve of a proposed broadcasting arrangement.\n> \n> > (4) This section does not apply to the entering into of a broadcasting arrangement before the commencement of this section but does apply to the extension after that commencement of the term of a broadcasting arrangement entered into before that commencement (as if the extension of the term of the arrangement constituted the entering into of a new broadcasting arrangement).\n> \n> > (5) A racing body may authorise Racing NSW to negotiate and enter into broadcasting arrangements on behalf of the racing body. Except as provided by any such authorisation, this section does not authorise Racing NSW to exercise any function of a racing body with respect to the negotiation or entering into of broadcasting arrangements by the racing body.\n> > \n> > Note—\n> > \n> > This section has no effect on ownership of broadcasting rights.\n> \n> > (6) Any conduct of Racing NSW authorised under this section is specifically authorised for the purposes of the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth and the Competition Code of New South Wales.\n> \n> **s 29E:** Ins 2008 No 63, Sch 1 \\[28\\]. Am 2018 No 68, Sch 2.34.","sortOrder":48},{"sectionNumber":"29F","sectionType":"section","heading":"Procedure for approvals","content":"#### 29F Procedure for approvals\n\n29F Procedure for approvals\n\n> > (1) A proposed broadcasting arrangement must be submitted to Racing NSW for approval not less than 30 days before the broadcasting arrangement is proposed to be entered into, unless Racing NSW otherwise determines in a particular case.\n> \n> > (2) A racing body must provide Racing NSW with such documents and information as Racing NSW directs in connection with a proposed broadcasting arrangement submitted for approval under this section.\n> \n> > (3) Racing NSW is to consult with a racing body in relation to a proposed broadcasting arrangement that the racing body submits for approval under this Division and in the course of that consultation must give the racing body a reasonable opportunity to be heard and to make submissions on the proposal.\n> \n> > (4) If Racing NSW refuses to approve of a proposed broadcasting arrangement, Racing NSW must provide the racing body concerned with a statement in writing of the reasons for the refusal.\n> \n> > (5) The statement of reasons for the refusal must include the following—\n> > \n> > > (a) a statement of the reasons why the proposed broadcasting arrangement is not in the best interests of the horse racing industry as a whole in New South Wales,\n> > \n> > > (b) if the refusal will have the effect of lessening competition—a statement of the reasons why that lessening of competition is in the best interests of the horse racing industry as a whole in New South Wales.\n> \n> **s 29F:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":49},{"sectionNumber":"29G","sectionType":"section","heading":"Mediation of disputes","content":"#### 29G Mediation of disputes\n\n29G Mediation of disputes\n\n> > (1) If a person aggrieved by a decision of Racing NSW to refuse to approve of a proposed broadcasting arrangement disputes the decision, the person may request Racing NSW to refer the dispute for mediation.\n> > \n> > Note—\n> > \n> > Mediation is a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute.\n> \n> > (2) Racing NSW must refer the dispute for mediation before a neutral and independent person within 14 days after the request is made and must participate in good faith in the mediation.\n> \n> > (3) Racing NSW is not bound by any decision or finding of the mediator.\n> \n> > (4) Mediation under this section is to be at the expense of Racing NSW.\n> \n> **s 29G:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":50},{"sectionNumber":"Division 3","sectionType":"division","heading":"Totalizator distribution arrangements","content":"## Division 3 Totalizator distribution arrangements\n\nDivision 3 Totalizator distribution arrangements\n\n**pt 2A, div 3:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":51},{"sectionNumber":"29H","sectionType":"section","heading":"Definition of “Intra-Code agreement”","content":"#### 29H Definition of “Intra-Code agreement”\n\n29H Definition of “Intra-Code agreement”\n\n> In this Division—\n> \n> Intra-Code agreement means—\n> \n> > (a) the agreement titled “Intra-Code Deed” dated 3 March 1998 between the NSW Thoroughbred Racing Board, Australian Jockey Club, Sydney Turf Club, Provincial Association of New South Wales and NSW County Racing Council, as in force from time to time, or\n> \n> > (b) any other agreement to which Racing NSW is a party that is prescribed by the regulations and that provides for the distribution of money payable under commercial arrangements for facilitating the conduct of totalizator betting authorised by the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045).\n> \n> **s 29H:** Ins 2008 No 63, Sch 1 \\[28\\]. Am 2010 No 93, Sch 3.5 \\[2\\].","sortOrder":52},{"sectionNumber":"29I","sectionType":"section","heading":"Review of Intra-Code agreement","content":"#### 29I Review of Intra-Code agreement\n\n29I Review of Intra-Code agreement\n\n> > (1) Racing NSW may from time to time undertake a review of the Intra-Code agreement for the purpose of ensuring that the agreement is in the best interests of the horse racing industry as a whole in New South Wales.\n> \n> > (2) Following such a review, Racing NSW may invite the other parties to the Intra-Code agreement to submit a proposal (a review proposal) for such changes to the agreement as may be necessary or desirable for ensuring that the agreement remains in the best interests of the horse racing industry as a whole in New South Wales.\n> \n> > (3) The first review of the Intra-Code agreement under this section is to be commenced within 6 months after the commencement of this section. An invitation to submit a review proposal cannot be made less than 3 years after any previous invitation for the submission of a review proposal has been made under this section.\n> \n> **s 29I:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":53},{"sectionNumber":"29J","sectionType":"section","heading":"Amendment of Intra-Code agreement","content":"#### 29J Amendment of Intra-Code agreement\n\n29J Amendment of Intra-Code agreement\n\n> > (1) If the parties (including Racing NSW) to the Intra-Code agreement have not unanimously agreed to changes to the agreement in response to a review proposal within 6 months after the invitation to submit a review proposal is made, Racing NSW may make a determination of the changes to the agreement that Racing NSW considers to be necessary or desirable for ensuring that the agreement remains in the best interests of the horse racing industry as a whole in New South Wales.\n> \n> > (2) Racing NSW may then notify its determination to the other parties to the Intra-Code agreement and direct that the changes to the agreement specified in the determination are to have effect. Those changes then have effect for all purposes as if the Intra-Code agreement had been amended as provided in the determination by agreement of the parties, but do not take effect until the beginning of the next financial year.\n> \n> > (3) This section does not limit or otherwise affect the ability of the parties to the Intra-Code agreement to agree to make changes to the agreement.\n> \n> **s 29J:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":54},{"sectionNumber":"Division 4","sectionType":"division","heading":"Appeal and review","content":"## Division 4 Appeal and review\n\nDivision 4 Appeal and review\n\n**pt 2A, div 4:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":55},{"sectionNumber":"29K","sectionType":"section","heading":"Definition","content":"#### 29K Definition\n\n29K Definition\n\n> In this Division—\n> \n> appeal body means the Civil and Administrative Tribunal or the Racing Appeals Tribunal, as appropriate to an appeal or review provided for by this Division.\n> \n> **s 29K:** Ins 2008 No 63, Sch 1 \\[28\\]. Am 2013 No 95, Sch 2.144 \\[1\\].","sortOrder":56},{"sectionNumber":"29L","sectionType":"section","heading":"Appeal or review on procedural grounds","content":"#### 29L Appeal or review on procedural grounds\n\n29L Appeal or review on procedural grounds\n\n> For the purposes of this Division, an appeal against, or a review of, a decision on procedural grounds is an appeal or review—\n> \n> > (a) on the grounds that any procedure required to be followed by this Act in connection with the making of the decision was not properly followed, or\n> \n> > (b) on the grounds of denial of procedural fairness in connection with the making of the decision.\n> \n> **s 29L:** Ins 2008 No 63, Sch 1 \\[28\\].","sortOrder":57},{"sectionNumber":"29M","sectionType":"section","heading":"Appeal or review by Racing Appeals Tribunal or NCAT","content":"#### 29M Appeal or review by Racing Appeals Tribunal or NCAT\n\n29M Appeal or review by Racing Appeals Tribunal or NCAT\n\n> > (1) A person aggrieved by a decision of Racing NSW to impose a sanction under section 29C(2)(a) or (b) may appeal against the decision to the Racing Appeals Tribunal under section 15 of the [Racing Appeals Tribunal Act 1983](/view/html/inforce/current/act-1983-199) on procedural grounds.\n> \n> > (2) No appeal lies to the Racing Appeals Tribunal against a decision of Racing NSW to impose a sanction under section 29C(2)(c), despite section 15 of the [Racing Appeals Tribunal Act 1983](/view/html/inforce/current/act-1983-199).\n> \n> > (3) A person aggrieved by a decision of Racing NSW under Division 2 (Race broadcasting arrangements) or 3 (Totalizator distribution arrangements) may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision on procedural grounds.\n> \n> Note—\n> \n> This section does not prevent the taking of administrative review proceedings in the Supreme Court.\n> \n> **s 29M:** Ins 2008 No 63, Sch 1 \\[28\\]. Am 2013 No 95, Sch 2.144 \\[2\\].","sortOrder":58},{"sectionNumber":"29N","sectionType":"section","heading":"Procedure on appeal or review","content":"#### 29N Procedure on appeal or review\n\n29N Procedure on appeal or review\n\n> > (1) Despite any provision of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076), the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002) or the [Racing Appeals Tribunal Act 1983](/view/html/inforce/current/act-1983-199), the jurisdiction of the appeal body on an appeal or review under this Division is limited to an appeal or review on procedural grounds.\n> \n> > (2) On the appeal or review, the appeal body may set aside the decision concerned if satisfied that any of the grounds of appeal or review are made out.\n> \n> > (3) The appeal body does not have jurisdiction on the appeal or review to substitute its own decision for that of Racing NSW.\n> \n> **s 29N:** Ins 2008 No 63, Sch 1 \\[28\\]. Am 2013 No 95, Sch 2.144 \\[3\\].","sortOrder":59},{"sectionNumber":"Division 5","sectionType":"division","heading":"Rules","content":"## Division 5 Rules\n\nDivision 5 Rules\n\n**pt 2A, div 5:** Ins 2019 No 12, Sch 2\\[1\\].","sortOrder":60},{"sectionNumber":"29O","sectionType":"section","heading":"Rules in relation to horse racing","content":"#### 29O Rules in relation to horse racing\n\n29O Rules in relation to horse racing\n\n> Racing NSW may make rules, not inconsistent with this Act or the regulations, for or with respect to—\n> \n> > (a) the control and regulation of horse racing, or\n> \n> > (b) the exercise of the functions of Racing NSW.\n> \n> **pt 2A, div 6 (ss 29O– 29V):** Ins 2019 No 12, Sch 2\\[1\\].","sortOrder":61},{"sectionNumber":"29P","sectionType":"section","heading":"Rules generally","content":"#### 29P Rules generally\n\n29P Rules generally\n\n> > (1) A provision of a rule made under this Division may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors, or\n> > \n> > > (b) apply differently according to different factors of a specified kind, or\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,\n> > \n> > or may do any combination of those things.\n> \n> > (2) A rule made under this Division may apply, adopt or incorporate any publication as in force at a particular time or as in force from time to time.\n> \n> > (3) A rule made under this Division may not be made for or with respect to any of the matters for or with respect to which regulations may be made by virtue of this Act.\n> \n> > (4) Racing NSW may amend or repeal a rule made under this Division.","sortOrder":62},{"sectionNumber":"Division 6","sectionType":"division","heading":"Special inquiries","content":"## Division 6 Special inquiries\n\nDivision 6 Special inquiries\n\n**pt 2A, div 6 (ss 29O– 29V):** Ins 2019 No 12, Sch 2\\[1\\].","sortOrder":63},{"sectionNumber":"29Q","sectionType":"section","heading":"Definitions","content":"#### 29Q Definitions\n\n29Q Definitions\n\n> In this Division—\n> \n> compulsion order and compulsion powers have the same meanings as in section 29S.\n> \n> information includes a document or thing that contains information.\n> \n> provide information includes answering a question.\n> \n> special inquiry means a special inquiry established under section 29R.\n> \n> threat to horse racing means a threat to—\n> \n> > (a) the integrity of horse racing, or\n> \n> > (b) public confidence in the conduct of horse racing.","sortOrder":64},{"sectionNumber":"29R","sectionType":"section","heading":"Special inquiry","content":"#### 29R Special inquiry\n\n29R Special inquiry\n\n> > (1) Racing NSW may, when conducting an inquiry, decide to treat the inquiry as a special inquiry if Racing NSW is reasonably satisfied that the inquiry raises a threat to horse racing.\n> \n> > (2) If a person attending a hearing of a special inquiry is attending because of a compulsion order—\n> > \n> > > (a) the person is entitled to be represented by an Australian legal practitioner, and\n> > \n> > > (b) the person presiding at the hearing is to be assisted by an Australian legal practitioner who has been practising in the State for at least 7 years, and\n> > \n> > > (c) the Australian legal practitioner assisting the person presiding must explain to the person the subject of the compulsion order—\n> > > \n> > > > (i) the effect of the compulsion powers specified in the order, and\n> > > \n> > > > (ii) the effect of section 29U.\n> \n> > (3) The rules may make further provision for the conduct of a special inquiry, including the procedures to be followed at a hearing of the special inquiry.\n> \n> > (4) Nothing in this section limits the power of Racing NSW to otherwise inquire into any matter.","sortOrder":65},{"sectionNumber":"29S","sectionType":"section","heading":"Compulsion orders","content":"#### 29S Compulsion orders\n\n29S Compulsion orders\n\n> > (1) Racing NSW may apply to the Supreme Court for an order (a compulsion order) authorising Racing NSW to use the following powers (compulsion powers) on a person for the purposes of obtaining information of relevance to a special inquiry (relevant information)—\n> > \n> > > (a) the power to order the person to attend a hearing of the special inquiry on the days specified in the order,\n> > \n> > > (b) the power to order the person to provide the relevant information at a hearing,\n> > \n> > > (c) the power to order the person to otherwise provide the relevant information to the special inquiry.\n> \n> > (2) Racing NSW may apply for the compulsion order only if it is reasonably satisfied that—\n> > \n> > > (a) the person has relevant information and the person is unwilling to provide the relevant information to the special inquiry, or\n> > \n> > > (b) the person has relevant information and exceptional circumstances exist that require a compulsion power to be used without first asking the person to voluntarily provide the relevant information.\n> \n> > (3) For the purposes of subsection (2)(b), exceptional circumstances include circumstances in which there is a very high likelihood that relevant information essential to the special inquiry will be lost.\n> \n> > (4) The Supreme Court is to decide the application for the compulsion order in the absence of the person and without conducting a hearing unless it is satisfied that the interests of justice require the person to be present.\n> \n> > (5) The Supreme Court is, when deciding if the interests of justice require the person to be present, to take into account—\n> > \n> > > (a) the risk that the relevant information may be lost if the person is given advance notice of the proposed exercise of compulsion powers, and\n> > \n> > > (b) any other matter the Court considers relevant.\n> \n> > (6) The Supreme Court is, when deciding whether to grant the compulsion order, to take into account the following—\n> > \n> > > (a) the nature of the threat to horse racing that the special inquiry is considering,\n> > \n> > > (b) the value to the special inquiry of the relevant information sought,\n> > \n> > > (c) the likelihood the person has the relevant information,\n> > \n> > > (d) the likelihood the person would be unwilling to provide the relevant information,\n> > \n> > > (e) if the application was made on the basis of Racing NSW being satisfied that exceptional circumstances exist, the nature of the exceptional circumstances,\n> > \n> > > (f) the harm likely to be caused to the person if the order is granted and the person is required to provide relevant information that may incriminate the person,\n> > \n> > > (g) any other matter the Court considers relevant.\n> \n> > (7) If the Court decides to grant the compulsion order, it must specify the following in the order—\n> > \n> > > (a) the name of the person the subject of the order,\n> > \n> > > (b) the compulsion powers Racing NSW is authorised to use,\n> > \n> > > (c) any limitation to which the use of the compulsion powers is subject,\n> > \n> > > (d) the day on which the order expires.\n> \n> > (8) The Court must give reasons for its decision to grant or refuse to grant the compulsion order.\n> \n> > (9) A reference in this section to relevant information being lost includes a reference to the relevant information being concealed, altered, destroyed or otherwise being made unavailable to a special inquiry.","sortOrder":66},{"sectionNumber":"29T","sectionType":"section","heading":"Racing NSW may exercise compulsion powers in accordance with order","content":"#### 29T Racing NSW may exercise compulsion powers in accordance with order\n\n29T Racing NSW may exercise compulsion powers in accordance with order\n\n> > (1) Racing NSW may, in accordance with a compulsion order, exercise a compulsion power on the person the subject of the compulsion order.\n> \n> > (2) Before exercising the compulsion power on the person, Racing NSW must inform the person in writing of the following—\n> > \n> > > (a) that a compulsion order has been made in relation to the person,\n> > \n> > > (b) what the compulsion power requires the person to do,\n> > \n> > > (c) the reasonable time within which the person must comply with the requirement,\n> > \n> > > (d) the penalty for failing to comply with the requirement.\n> \n> > (3) A person must not fail to comply with a requirement imposed on the person by the exercise of a compulsion power.\n> > \n> > Maximum penalty—100 penalty units or 6 months imprisonment, or both.","sortOrder":67},{"sectionNumber":"29U","sectionType":"section","heading":"Provisions relating to requirements to provide information","content":"#### 29U Provisions relating to requirements to provide information\n\n29U Provisions relating to requirements to provide information\n\n> > (1) Warning to be given on each occasion A person is not guilty of an offence of failing to comply with a requirement under this Division to provide information unless the person was warned on that occasion that a failure to comply is an offence.\n> \n> > (2) Self-incrimination not an excuse A person is not excused from a requirement under this Division to provide information on the ground that the information might incriminate the person or make the person liable to a penalty.\n> \n> > (3) Information not admissible in other proceedings However, any information provided by a natural person in compliance with a requirement under this Division is not admissible in evidence against the person in disciplinary, civil or criminal proceedings (except for proceedings under this Act).\n> \n> > (4) Further information Further information obtained as a result of information provided in compliance with a requirement under this Division is not inadmissible on the ground—\n> > \n> > > (a) that the information had to be provided, or\n> > \n> > > (b) that the information might incriminate the person.","sortOrder":68},{"sectionNumber":"29V","sectionType":"section","heading":"Review of penalty for offence","content":"#### 29V Review of penalty for offence\n\n29V Review of penalty for offence\n\n> > (1) The Minister is to review the penalty imposed by section 29T(3) to determine whether the level of the penalty remains valid and appropriate for securing the objectives of this Division.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 3 years from the commencement of that section.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.","sortOrder":69},{"sectionNumber":"Part 3","sectionType":"part","heading":"Racing Industry Consultation Group","content":"# Part 3 Racing Industry Consultation Group\n\nPart 3 Racing Industry Consultation Group\n\n**pt 3:** Subst 2008 No 63, Sch 1 \\[29\\].","sortOrder":70},{"sectionNumber":"30","sectionType":"section","heading":"Establishment of RICG","content":"#### 30 Establishment of RICG\n\n30 Establishment of RICG\n\n> There is established by this Act a committee called the Racing Industry Consultation Group. The committee may also be called RICG.\n> \n> **s 30:** Subst 2008 No 63, Sch 1 \\[29\\].","sortOrder":71},{"sectionNumber":"31","sectionType":"section","heading":"Membership","content":"#### 31 Membership\n\n31 Membership\n\n> > (1) RICG is to consist of the following members—\n> > \n> > > (a) 2 persons to represent the merged racing club (within the meaning of the [Australian Jockey and Sydney Turf Clubs Merger Act 2010](/view/html/inforce/current/act-2010-093)), one of whom is to be the chief executive of the club,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) one person who is an elected official of and nominated by Unions NSW,\n> > \n> > > (d) one person to represent the Provincial Association of New South Wales, being the Chairperson of the Provincial Association of New South Wales,\n> > \n> > > (e) one person to represent the Country Racing Council Limited, being the chairperson of the Board of Directors of the Country Racing Council Limited,\n> > \n> > > (f) one person who is an elected official of and nominated by an eligible industry body to represent the interests of owners of thoroughbred racehorses,\n> > \n> > > (g) one person who is an elected official of and nominated by an eligible industry body to represent the interests of breeders of thoroughbred racehorses,\n> > \n> > > (h) one person who is an elected official of and nominated by an eligible industry body to represent the interests of licensed trainers,\n> > \n> > > (i) one person who is an elected official of and nominated by an eligible industry body to represent the interests of licensed jockeys and apprentice jockeys.\n> \n> > (2) The Minister is to determine from time to time the body that is the eligible industry body for the purposes of subsection (1)(f), (g), (h) or (i). The Minister is to consult with Racing NSW on determinations made by the Minister under this subsection.\n> \n> > (3) A person may be appointed as an alternate of a member, to act as that member during the absence or illness of, or during a vacancy in the office of, the member.\n> \n> > (4) An alternate is to be appointed by the body that the member represents or (in the case of a member who is nominated by a body) appointed by the nominating body.\n> \n> > (5) An alternate, while acting as a member, is taken to be a member and has and may exercise the functions of the member for whom he or she is the alternate.\n> \n> > (6) If a body referred to in subsection (1) changes its name or ceases to exist, the Minister may, by order published in the Gazette, direct that a reference in this section to the body is to be read as a reference to the body under its changed name or to a specified body that appears to the Minister to be the body’s successor.\n> \n> **s 31:** Am 1997 No 24, Sch 1 \\[5\\]; 2004 No 23, Sch 1 \\[9\\]–\\[11\\]; 2005 No 64, Sch 2.58. Subst 2008 No 63, Sch 1 \\[29\\]. Am 2010 No 93, Sch 3.5 \\[3\\].","sortOrder":72},{"sectionNumber":"32","sectionType":"section","heading":"Eligibility for membership","content":"#### 32 Eligibility for membership\n\n32 Eligibility for membership\n\n> > (1) A person is not eligible to be a member of RICG if the person—\n> > \n> > > (a) is a member of the Selection Panel, or\n> > \n> > > (b) is currently, or during the previous 10 years has been, warned off, disqualified or named on the Forfeits List under the Australian Rules of Racing, or\n> > \n> > > (c) during the previous 10 years has been convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or\n> > \n> > > (d) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or\n> > \n> > > (e) is a mentally incapacitated person.\n> \n> > (2) A person is not eligible to be appointed as a member of RICG unless the person has been the subject of a probity check by Racing NSW.\n> \n> **s 32:** Am 1999 No 94, Sch 4.165. Subst 2008 No 63, Sch 1 \\[29\\] (am 2008 No 90, Sch 2 \\[2\\]).","sortOrder":73},{"sectionNumber":"33","sectionType":"section","heading":"Membership is honorary","content":"#### 33 Membership is honorary\n\n33 Membership is honorary\n\n> The members of RICG are honorary members and no remuneration is payable to them in respect of the duties they perform as members. The members are however entitled to be reimbursed by Racing NSW for reasonable expenses (such as for travel or accommodation) that they may incur in attending meetings of RICG.\n> \n> **s 33:** Subst 2008 No 63, Sch 1 \\[29\\].","sortOrder":74},{"sectionNumber":"34","sectionType":"section","heading":"Functions of RICG","content":"#### 34 Functions of RICG\n\n34 Functions of RICG\n\n> > (1) RICG has the function of consulting with and making recommendations to Racing NSW on matters concerning horse racing in the State.\n> \n> > (2) Recommendations made by RICG to Racing NSW are to be made in writing and tabled at the next meeting of Racing NSW or may be presented in person at that meeting by the Chairperson of RICG.\n> \n> > (3) Racing NSW is to respond to RICG in writing in relation to any such recommendations within a reasonable time after they are received. If Racing NSW does not support a recommendation made by RICG the response by Racing NSW is to include its reasons for not supporting the recommendation.\n> \n> > (4) The Chairperson of RICG is to provide a report on the work and activities of RICG for inclusion in the annual report of Racing NSW.\n> \n> **s 34:** Am 1997 No 24, Sch 1 \\[5\\]. Subst 2008 No 63, Sch 1 \\[29\\].","sortOrder":75},{"sectionNumber":"35","sectionType":"section","heading":"Vacation of office","content":"#### 35 Vacation of office\n\n35 Vacation of office\n\n> > (1) The office of a member of RICG becomes vacant if the member—\n> > \n> > > (a) dies, or\n> > \n> > > (b) resigns the office by instrument in writing addressed to Racing NSW and RICG, or\n> > \n> > > (c) is absent from 2 consecutive meetings of RICG of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by RICG or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by RICG for having been absent from those meetings, or\n> > \n> > > (d) becomes a person who is not eligible to be a member, or\n> > \n> > > (e) is a member on the nomination of a body and that nomination is withdrawn by the body or the body ceases to exist, or\n> > \n> > > (f) is removed from office under subsection (2).\n> \n> > (2) The Minister may, on the recommendation of RICG, remove a member of RICG from office for incapacity, incompetence or misbehaviour.\n> \n> **s 35:** Am 1997 No 24, Sch 1 \\[5\\]; 1999 No 66, Sch 1 \\[20\\]; 2004 No 23, Sch 1 \\[12\\]. Subst 2008 No 63, Sch 1 \\[29\\].","sortOrder":76},{"sectionNumber":"36","sectionType":"section","heading":"Chairperson and Deputy Chairperson of RICG","content":"#### 36 Chairperson and Deputy Chairperson of RICG\n\n36 Chairperson and Deputy Chairperson of RICG\n\n> > (1) RICG is to elect a Chairperson from among its members. RICG may also elect a Deputy Chairperson from among its members. RICG may remove a person from office as Chairperson or Deputy Chairperson of RICG at any time.\n> \n> > (2) A person ceases to hold office as Chairperson or Deputy Chairperson if he or she—\n> > \n> > > (a) resigns the office by instrument in writing addressed to Racing NSW and RICG, or\n> > \n> > > (b) is removed from that office by RICG, or\n> > \n> > > (c) ceases to hold office as a member of RICG.\n> \n> > (3) To be elected or removed from office as Chairperson or Deputy Chairperson requires a simple majority of the members present and voting at a meeting of RICG at which a quorum is present.\n> \n> > (4) The Chairperson or Deputy Chairperson does not cease to be a member of RICG merely because he or she ceases to be Chairperson or Deputy Chairperson.\n> \n> **s 36:** Am 1997 No 24, Sch 1 \\[5\\]. Rep 1999 No 66, Sch 1 \\[21\\]. Ins 2008 No 63, Sch 1 \\[29\\].","sortOrder":77},{"sectionNumber":"37","sectionType":"section","heading":"Member vacancies to be filled","content":"#### 37 Member vacancies to be filled\n\n37 Member vacancies to be filled\n\n> When the office of a member of RICG becomes vacant, a person is to be nominated to fill the vacancy in the same way as the person whose office has become vacant was nominated.\n> \n> **s 37:** Am 1997 No 24, Sch 1 \\[5\\]. Subst 2008 No 63, Sch 1 \\[29\\].","sortOrder":78},{"sectionNumber":"38","sectionType":"section","heading":"Procedure","content":"#### 38 Procedure\n\n38 Procedure\n\n> > (1) RICG may regulate its proceedings as it considers appropriate, subject to this section.\n> \n> > (2) The quorum for a meeting of RICG is a majority in number of the members for the time being.\n> \n> > (3) RICG must meet at least 12 times in each year unless RICG otherwise determines.\n> \n> > (4) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson is to preside at a meeting of RICG. If neither the Chairperson nor Deputy Chairperson is present at a meeting, the members present may elect one of their number to preside at the meeting. The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.\n> \n> > (5) A decision supported by a majority of the votes cast at a meeting of RICG at which a quorum is present is the decision of RICG.\n> \n> **s 38:** Am 1997 No 24, Sch 1 \\[5\\]. Subst 2008 No 63, Sch 1 \\[29\\].","sortOrder":79},{"sectionNumber":"39","sectionType":"section","heading":"Meetings with Racing NSW","content":"#### 39 Meetings with Racing NSW\n\n39 Meetings with Racing NSW\n\n> > (1) In addition to any other meetings that RICG may hold, RICG must hold a meeting not less than 12 times in each year with one or more members of Racing NSW at least one of whom is the Chairperson or the Chief Executive of Racing NSW.\n> \n> > (2) The number of meetings required by this section can be changed by agreement between Racing NSW and RICG.\n> \n> > (3) The minutes of a meeting under this section are to be circulated among both the members of RICG and the members of Racing NSW.\n> \n> **s 39:** Subst 2008 No 63, Sch 1 \\[29\\].","sortOrder":80},{"sectionNumber":"40","sectionType":"section","heading":"Administrative support","content":"#### 40 Administrative support\n\n40 Administrative support\n\n> Racing NSW is to provide such reasonable administrative support as may be required to enable RICG to exercise its functions.\n> \n> **s 40:** Am 1997 No 24, Sch 1 \\[5\\]; 2004 No 23, Sch 1 \\[13\\]. Subst 2008 No 63, Sch 1 \\[29\\].","sortOrder":81},{"sectionNumber":"41","sectionType":"section","heading":"Personal liability","content":"#### 41 Personal liability\n\n41 Personal liability\n\n> > (1) A matter or thing done or omitted to be done by RICG or a member of RICG or any person acting under the direction of RICG does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the member or a person so acting personally to any action, liability, claim or demand.\n> \n> > (2) If this section prevents liability attaching to a person, the liability attaches instead to Racing NSW.\n> \n> **s 41:** Subst 2008 No 63, Sch 1 \\[29\\].","sortOrder":82},{"sectionNumber":"Part 4","sectionType":"part","heading":"Appeal Panel","content":"# Part 4 Appeal Panel\n\nPart 4 Appeal Panel","sortOrder":83},{"sectionNumber":"42","sectionType":"section","heading":"Right of appeal","content":"#### 42 Right of appeal\n\n42 Right of appeal\n\n> > (1) A person aggrieved by any of the following decisions of a racing authority has a right of appeal against the decision to the Appeal Panel—\n> > \n> > > (a) a decision to disqualify or warn off any person,\n> > \n> > > (b) a decision to disqualify any horse,\n> > \n> > > (c) a decision to revoke the licence or registration of any person or suspend (for any period) any such licence or registration,\n> > \n> > > (d) a decision to fine any person a sum of $10 or more,\n> > \n> > > (e) a decision that Racing NSW determines, by order published in the racing calendar published by Racing NSW, to be a decision that may be appealed against to the Appeal Panel.\n> \n> > (1A) Racing NSW has a right of appeal to the Appeal Panel against the following decisions of a racing authority—\n> > \n> > > (a) a decision referred to in subsection (1)(a)–(d),\n> > \n> > > (b) a decision to dismiss a charge against a person for contravention of the Rules of Racing.\n> \n> > (2) A racing authority means—\n> > \n> > > (a) the stewards of Racing NSW,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) the committee or stewards of any race club or race meeting registered by Racing NSW under the Rules of Racing,\n> > \n> > > (d) a racing association.\n> \n> > (3) Racing NSW may delegate to a racing association the function of hearing and determining appeals against decisions of the committee or stewards of any club over which the association has jurisdiction. Any such delegation may be general or limited to a particular class or classes of appeals.\n> \n> > (4) If an appeal against a decision can be heard by a racing association by virtue of such a delegation, an appellant against the decision has the choice of appealing to the Appeal Panel or to the racing association (but cannot appeal to both).\n> \n> > (5) A decision of a racing association on an appeal heard by the racing association by virtue of a delegation under this section, or on an appeal under the Rules of Racing, cannot be appealed against to the Appeal Panel.\n> \n> > (6) If the Rules of Racing confer on a person a right of appeal against a decision to the principal club for New South Wales, or the committee of the principal club, and the person has a right of appeal against the decision under this section, the person does not have a right of appeal to Racing NSW (despite the provisions of the Rules of Racing). The function of hearing and determining appeals against decisions that may be appealed against under this section is to be exercised by the Appeal Panel or by a racing association to which that function is delegated under this section, and not by Racing NSW.\n> \n> > (7) An appeal is to be made in accordance with the local rules of racing of Racing NSW.\n> \n> **s 42:** Am 1997 No 24, Sch 1 \\[5\\] \\[13\\] \\[14\\]; 1998 No 66, Sch 1 \\[2\\]; 2004 No 23, Sch 1 \\[14\\].","sortOrder":84},{"sectionNumber":"43","sectionType":"section","heading":"Procedure on an appeal","content":"#### 43 Procedure on an appeal\n\n43 Procedure on an appeal\n\n> > (1) An appeal to the Appeal Panel is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the decision appealed against was made, may be given on the appeal.\n> \n> > (2) The Appeal Panel may subject to this Act and the local rules of racing of Racing NSW determine its own procedure.\n> \n> > (3) On an appeal the Appeal Panel—\n> > \n> > > (a) is not bound to act in a formal manner, and\n> > \n> > > (b) is not bound by the rules of evidence and may inform itself on any matter in any way that it considers to be just, and\n> > \n> > > (c) is to make its decision on the real merits and justice of the case and is not bound to follow strict legal precedent.\n> \n> > (4) The Appeal Panel is to sit as in open court when hearing the appeal but may sit in private if the Appeal Panel considers it necessary to do so in the public interest or to protect the safety of any person.\n> \n> > (5) For the purpose of the exercise of the Appeal Panel’s functions on an appeal, the person presiding at the hearing of the appeal has the powers, authorities, protections and immunities conferred by the [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029) on a Commissioner appointed under Division 1 of Part 2 of that Act. That Act (except section 13 and Division 2 of Part 2) applies, with any necessary modifications, to a witness summoned by, or appearing before, the Appeal Panel.\n> \n> > (6) When an appeal is to a racing association pursuant to a delegation to the association by Racing NSW under this Part, the following provisions have effect—\n> > \n> > > (a) the committee of the association has the function of hearing and determining the appeal, and\n> > \n> > > (b) the members of the committee of the association and the person presiding at the hearing of the appeal have the same powers, authorities, protections and immunities as the members of the Appeal Panel and the person presiding at the hearing of an appeal by the Appeal Panel, and\n> > \n> > > (c) references in this section to the Appeal Panel and to the person presiding at the hearing of an appeal include a reference to the committee and to the person presiding at the hearing of the appeal by the committee, and\n> > \n> > > (d) the same right of appeal as exists under the [Racing Appeals Tribunal Act 1983](/view/html/inforce/current/act-1983-199) in respect of a decision of the Appeal Panel also exists in respect of a decision of the committee of the association (and for that purpose references in that Act to a decision of the Appeal Panel are to be read as including a reference to a decision of the committee of a racing association).\n> \n> **s 43:** Am 1997 No 24, Sch 1 \\[5\\] \\[15\\]; 2004 No 23, Sch 1 \\[15\\].","sortOrder":85},{"sectionNumber":"44","sectionType":"section","heading":"Determination of appeal","content":"#### 44 Determination of appeal\n\n44 Determination of appeal\n\n> > (1) The Appeal Panel may do any of the following in respect of an appeal—\n> > \n> > > (a) dismiss the appeal,\n> > \n> > > (b) confirm the decision appealed against or vary the decision by substituting any decision that could have been made by the racing authority,\n> > \n> > > (c) refer any matter relating to the decision appealed against to the racing authority for rehearing (in accordance with directions given by the Appeal Panel),\n> > \n> > > (d) make such other order in relation to the disposal of the appeal as the Appeal Panel thinks fit.\n> \n> > (2) The decision of the Appeal Panel is to be given effect to.\n> \n> **s 44:** Am 1997 No 24, Sch 1 \\[5\\]. Subst 1997 No 24, Sch 1 \\[16\\]; 2004 No 23, Sch 1 \\[16\\].","sortOrder":86},{"sectionNumber":"45","sectionType":"section","heading":"Membership of Appeal Panel","content":"#### 45 Membership of Appeal Panel\n\n45 Membership of Appeal Panel\n\n> > (1) Racing NSW is to appoint suitably qualified persons to be members of the Appeal Panel. A member of Racing NSW cannot be a member of the Appeal Panel.\n> \n> > (2) Racing NSW is (subject to this section) to determine the qualifications and disqualifications for membership of the Appeal Panel and for that purpose is to have particular regard to the need to minimise conflicts of interest, such as might arise from a person’s—\n> > \n> > > (a) ownership of horses currently in work, or\n> > \n> > > (b) professional involvement in race preparation, or\n> > \n> > > (c) professional or commercial dealings with any person who holds a licence issued by Racing NSW or by a racing association.\n> \n> > (3) At least one member of the Appeal Panel is to be an Australian lawyer of at least 7 years standing.\n> \n> > (4) A person is not eligible to be appointed as a member of the Appeal Panel if the person—\n> > \n> > > (a) holds a licence issued by Racing NSW or by a racing association, or\n> > \n> > > (b) is currently warned off or disqualified, or is a person whose name is currently on the Forfeits List, under the Australian Rules of Racing, or\n> > \n> > > (c) during the previous 10 years has been convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or\n> > \n> > > (d) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or\n> > \n> > > (e) is a mentally incapacitated person.\n> \n> > (5) A member of the Appeal Panel holds office for 4 years from appointment and is eligible (if otherwise qualified) to be reappointed.\n> \n> > (6) The office of a member of the Appeal Panel becomes vacant if the member—\n> > \n> > > (a) dies, or\n> > \n> > > (b) completes a term of office and is not reappointed, or\n> > \n> > > (c) resigns the office by instrument in writing addressed to Racing NSW, or\n> > \n> > > (d) is removed from office under subsection (7), or\n> > \n> > > (e) becomes a person who is not eligible to be a member of the Appeal Panel.\n> \n> > (7) The Governor may, on the recommendation of Racing NSW, remove a member of the Appeal Panel from office for incapacity, incompetence or misbehaviour.\n> \n> **s 45:** Am 1997 No 24, Sch 1 \\[5\\]; 1999 No 94, Sch 4.165; 2006 No 120, Sch 3.26.","sortOrder":87},{"sectionNumber":"46","sectionType":"section","heading":"Appointment of Principal Member","content":"#### 46 Appointment of Principal Member\n\n46 Appointment of Principal Member\n\n> > (1) Racing NSW is to appoint one of the members of the Appeal Panel as Principal Member. The person appointed must be an Australian lawyer of at least 7 years standing.\n> \n> > (2) The person appointed holds office as Principal Member for a period of 2 years and is eligible (if otherwise qualified) for reappointment.\n> \n> > (3) A person ceases to hold office as Principal Member if the person ceases to hold office as a member of the Appeal Panel.\n> \n> **s 46:** Am 1997 No 24, Sch 1 \\[5\\]; 2006 No 120, Sch 3.26.","sortOrder":88},{"sectionNumber":"47","sectionType":"section","heading":"How Appeal Panel is constituted for particular appeal","content":"#### 47 How Appeal Panel is constituted for particular appeal\n\n47 How Appeal Panel is constituted for particular appeal\n\n> > (1) When the Appeal Panel is required to hear an appeal, the Principal Member is to establish the Appeal Panel in accordance with this section. More than one Appeal Panel may be established to exercise the functions of the Appeal Panel at any one time.\n> \n> > (2) The Appeal Panel is to be constituted for the purposes of an appeal by not less than 3 members, one of whom must be the Principal Member (who is to be Convenor of the Appeal Panel for the purposes of the appeal).\n> \n> > (3) If the Principal Member is unavailable to act (including as a result of being a member of the Appeal Panel for another appeal), one of the members is to be appointed Convenor by the Principal Member when the Appeal Panel is established. The member appointed Convenor must be an Australian lawyer of at least 7 years standing.\n> \n> > (4) The Convenor is to preside at the hearing of an appeal.\n> \n> > (5) The Principal Member must, if practicable, consult with the Chief Executive before establishing an Appeal Panel under this section, or appointing a Convenor when the Principal Member is unavailable to act.\n> \n> > (6) The Chief Executive may exercise the functions of the Principal Member under this section of establishing an Appeal Panel and appointing a Convenor during any period in which the Principal Member is unavailable to exercise those functions (for example, because of absence or incapacity).\n> \n> **s 47:** Am 1997 No 24, Sch 1 \\[17\\]–\\[19\\]; 2006 No 120, Sch 3.26.","sortOrder":89},{"sectionNumber":"48","sectionType":"section","heading":"Remuneration of members","content":"#### 48 Remuneration of members\n\n48 Remuneration of members\n\n> The members of the Appeal Panel are entitled to be paid such fees and expenses in connection with the hearing and determination of an appeal as Racing NSW determines from time to time.\n> \n> **s 48:** Am 1997 No 24, Sch 1 \\[5\\].","sortOrder":90},{"sectionNumber":"49","sectionType":"section","heading":"How Appeal Panel makes decisions","content":"#### 49 How Appeal Panel makes decisions\n\n49 How Appeal Panel makes decisions\n\n> A decision supported by a majority of the members of the Appeal Panel hearing an appeal is the decision of the Panel. If the members of the Appeal Panel are evenly split on a question, the decision of the Convenor of the Panel is the decision of the Panel.","sortOrder":91},{"sectionNumber":"49A","sectionType":"section","heading":"Local rules of racing may provide for appeals","content":"#### 49A Local rules of racing may provide for appeals\n\n49A Local rules of racing may provide for appeals\n\n> The local rules of racing of Racing NSW may make provision for or with respect to appeals under this Part, including the manner of making an appeal and the procedure for hearing and determining an appeal.\n> \n> **s 49A:** Ins 1997 No 24, Sch 1 \\[20\\].","sortOrder":92},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"# Part 5 General\n\nPart 5 General","sortOrder":93},{"sectionNumber":"50","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 50 Savings and transitional provisions\n\n50 Savings and transitional provisions\n\n> Schedule 1 has effect.","sortOrder":94},{"sectionNumber":"50A","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 50A Nature of proceedings for offences\n\n50A Nature of proceedings for offences\n\n> Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.\n> \n> **s 50A:** Ins 2019 No 12, Sch 2\\[2\\].","sortOrder":95},{"sectionNumber":"51","sectionType":"section","heading":null,"content":"#### 51\n\n51 (Repealed)","sortOrder":96},{"sectionNumber":"52","sectionType":"section","heading":"Regulations","content":"#### 52 Regulations\n\n52 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":98},{"sectionNumber":"53","sectionType":"section","heading":null,"content":"#### 53\n\n53 (Repealed)","sortOrder":99},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n(Section 50)\n\n**sch 1:** Am 1997 No 24, Sch 1 \\[21\\]–\\[23\\]; 1998 No 66, Sch 1 \\[3\\] \\[4\\]; 1999 No 15, Sch 1 \\[2\\]; 1999 No 66, Sch 1 \\[22\\] \\[23\\]; 2002 No 15, Sch 3 \\[2\\]; 2004 No 23, Sch 1 \\[17\\] \\[18\\]; 2008 No 52, Sch 2.4 \\[3\\] \\[4\\]; 2008 No 63, Sch 1 \\[31\\] \\[32\\]; 2008 No 90, Sch 1 \\[6\\] \\[7\\]; 2011 No 47, Sch 1 \\[11\\] \\[12\\]; 2014 No 25, Sch 2.3 \\[3\\]; 2019 No 23, Sch 1.12\\[2\\].","sortOrder":101},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provision consequent on enactment of Thoroughbred Racing Board Amendment Act 1998","content":"# Part 6 Provision consequent on enactment of Thoroughbred Racing Board Amendment Act 1998\n\nPart 6 Provision consequent on enactment of [Thoroughbred Racing Board Amendment Act 1998](/view/pdf/asmade/act-1998-66)","sortOrder":129},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provisions consequent on enactment of Thoroughbred Racing Board Further Amendment Act 1999","content":"# Part 7 Provisions consequent on enactment of Thoroughbred Racing Board Further Amendment Act 1999\n\nPart 7 Provisions consequent on enactment of [Thoroughbred Racing Board Further Amendment Act 1999](/view/pdf/asmade/act-1999-66)","sortOrder":131},{"sectionNumber":"Part 8","sectionType":"part","heading":"Provisions consequent on enactment of Thoroughbred Racing Legislation Amendment Act 2004","content":"# Part 8 Provisions consequent on enactment of Thoroughbred Racing Legislation Amendment Act 2004\n\nPart 8 Provisions consequent on enactment of [Thoroughbred Racing Legislation Amendment Act 2004](/view/html/repealed/current/act-2004-023)","sortOrder":137},{"sectionNumber":"Part 9","sectionType":"part","heading":"Provisions consequent on 2008 amendments","content":"# Part 9 Provisions consequent on 2008 amendments\n\nPart 9 Provisions consequent on 2008 amendments","sortOrder":144},{"sectionNumber":"41A","sectionType":"section","heading":"Dissolution of Appointments Panel","content":"#### 41A Dissolution of Appointments Panel\n\n41A Dissolution of Appointments Panel\n\n> > (1) On the date of assent to the 2008 further amending Act—\n> > \n> > > (a) the Appointments Panel is dissolved, and\n> > \n> > > (b) the persons holding office as members of the Appointments Panel cease to hold office as members.\n> \n> > (2) A person who ceases to hold office pursuant to this clause is not entitled to compensation because of that loss of office.\n> \n> > (3) The exercise of any function of the Appointments Panel before the date of assent to the 2008 further amending Act (including the nomination of any person for appointment as a member of Racing NSW) is of no effect.","sortOrder":152},{"sectionNumber":"Part 10","sectionType":"part","heading":"Provision consequent on enactment of Australian Jockey Club Act 2008","content":"# Part 10 Provision consequent on enactment of Australian Jockey Club Act 2008\n\nPart 10 Provision consequent on enactment of [Australian Jockey Club Act 2008](/view/html/repealed/current/act-2008-052)","sortOrder":153},{"sectionNumber":"Part 11","sectionType":"part","heading":"Provisions consequent on enactment of Thoroughbred Racing Amendment Act 2011","content":"# Part 11 Provisions consequent on enactment of Thoroughbred Racing Amendment Act 2011\n\nPart 11 Provisions consequent on enactment of [Thoroughbred Racing Amendment Act 2011](/view/html/repealed/current/act-2011-047)","sortOrder":155},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Am 1997 No 24, Sch 1 \\[24\\]. Rep 1999 No 85, Sch 4.","sortOrder":160}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The scope has clearly evolved significantly from the original intent. The Act began as the 'AJC Principal Club Act 1996', suggesting it originally focused on empowering a specific racing club (the Australian Jockey Club) as the principal authority. It was then renamed the 'Thoroughbred Racing Board Act 1996' and later the 'Thoroughbred Racing Act 1996', reflecting a shift from club-centric governance to a broader government-backed regulatory body (Racing NSW) overseeing the entire sport. This represents a meaningful expansion in both scope and the nature of the regulatory authority created."},"complexity_factors":["The Act has been amended approximately 30 times across 25+ years, creating a layered and evolving legal framework that is difficult to trace without reviewing historical versions","The document provided is metadata/status information only — the actual substantive provisions of the Act are not included, limiting full analysis","The legislation sits within a broader regulatory ecosystem involving gambling laws, animal welfare laws, and administrative arrangements, all of which interact with it","Multiple name changes over time (AJC Principal Club Act → Thoroughbred Racing Board Act → Thoroughbred Racing Act) reflect significant structural reforms that add historical complexity","Responsibility falls under the Minister for Gaming and Racing, linking it to the broader and complex gambling regulatory framework","Ongoing legislative activity (the 2024 accountability bill) signals the law remains contested and subject to further change"],"plain_english_summary":"## Thoroughbred Racing Act 1996 (NSW)\n\n**What is this law?**\nThis is a New South Wales law that governs the sport of thoroughbred (purebred horse) racing in NSW. It sits at the top of the regulatory framework for the industry — covering how the sport is organised, controlled, and overseen.\n\n**Who does it affect?**\n- Horse owners, trainers, jockeys, and breeders involved in thoroughbred racing in NSW\n- Racing clubs and race course operators\n- The body known as **Racing NSW** (the government-backed authority that runs thoroughbred racing in the state)\n- Bookmakers and betting operators connected to thoroughbred racing\n- Punters (everyday people who bet on horse races) — indirectly\n\n**What does it actually do?**\nThe Act establishes the legal framework under which Racing NSW operates. In plain terms, it:\n- Sets up the authority responsible for running and regulating thoroughbred racing\n- Defines the powers and responsibilities of that authority\n- Creates rules about how the sport is conducted and overseen\n- Provides a structure for how racing revenue and funding flows through the industry\n\n**Why does it matter to you?**\n- If you're involved in horse racing in any capacity — as an owner, trainer, jockey, club administrator, or punter — this law shapes the rules of the game and who enforces them\n- It has been amended **many times** since 1996, meaning the rules have changed repeatedly over the years\n- There is a related accountability bill (introduced in 2024) that could further change how Racing NSW is overseen by government\n\n**Important note:** The Act was previously called the *Thoroughbred Racing Board Act 1996* and before that the *AJC Principal Club Act 1996*, reflecting major structural changes to how the sport has been governed over time."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2800},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1996 purpose of establishing a new principal racing club to replace the Australian Jockey Club. While originally focused on basic registration, licensing, and appeals, it now encompasses comprehensive industry economic management including control of broadcasting rights (Part 2A Div 2), totalizator revenue distribution agreements (Part 2A Div 3), strategic planning mandates, minimum facility standards for race clubs, and quasi-criminal investigative powers through special inquiries with court-backed compulsion orders (Part 2A Div 6). The Act has evolved from a simple governance framework into a detailed regulatory regime controlling media, finance, and integrity across the entire industry."},"complexity_factors":["Extensive transitional provisions in Schedule 1 preserving historical arrangements from 1996 onwards, including multiple name changes of the governing body (AJC → AJCPC → Board → Racing NSW)","47+ defined terms in section 3 plus numerous inline definitions (e.g., 'compulsion order', 'Intra-Code agreement', 'eligible company')","Heavy cross-referencing to at least 12 other Acts including the Interpretation Act 1987, Betting and Racing Act 1998, Totalizator Act 1997, and Racing Appeals Tribunal Act 1983","Nested conditional logic in eligibility criteria (section 6) with 8 separate disqualification categories plus temporal restrictions (10-year lookback for convictions)","Multi-layered exceptions in appeal rights (Part 2A Division 4) distinguishing between procedural appeals to NCAT vs Racing Appeals Tribunal vs no appeal for certain sanctions","Complex corporate licensing rules for bookmakers (section 14A) with cascading conditions about shareholding structures, directorships, and 'close family member' definitions","Special inquiry provisions (sections 29Q-29V) creating Supreme Court-supervised coercive powers with statutory immunity provisions and use/derivative use immunity rules","Interlocking governance structures establishing four separate bodies (Racing NSW, Selection Panel, RICG, Appeal Panel) with different appointment methods, quorums, and voting rules"],"plain_english_summary":"**What this legislation does**\n\nThis Act creates **Racing NSW** — an independent statutory body that acts as the peak regulator and governing authority for thoroughbred horse racing in New South Wales. It took over this role from the old Australian Jockey Club and now controls everything from licensing jockeys and trainers to investigating race-fixing and doping.\n\n**Who it affects**\n\nAnyone involved in the racing industry: race clubs, owners, trainers, jockeys, stablehands, bookmakers, breeders, and punters. It also affects broadcasters and betting companies through its control of media rights and totalizator revenue sharing.\n\n**Key things the Act sets up**\n\n*   **Racing NSW** — A body corporate independent of the government (meaning ministers can’t boss it around). It has a Chief Executive and seven appointed board members selected by a **Selection Panel** based on merit.\n*   **Integrity powers** — Racing NSW can license or ban participants, disqualify horses, fine people, and conduct **special inquiries** into corruption or integrity threats. For serious investigations, it can apply to the Supreme Court for a **compulsion order** — a legal tool forcing people to attend hearings and hand over documents (refusal can result in fines or jail time).\n*   **Appeal Panel** — Provides an internal appeals process for people who have been fined, disqualified, or warned-off by stewards or race clubs.\n*   **Racing Industry Consultation Group (RICG)** — A committee representing race clubs, unions, owners, breeders, trainers, and jockeys that advises Racing NSW on policy.\n*   **Industry controls** — Racing NSW sets minimum standards for racecourse safety, prize money, and facilities; controls broadcasting deals (no race club can sell TV rights without its approval); and manages how betting revenue is shared across the industry.\n\n**Why it matters**\n\nThe Act ensures racing is run with integrity, protects participants and animals, safeguards public confidence in betting markets, and manages the economic structure of a multi-billion dollar industry. It balances industry self-regulation with public accountability through parliamentary reporting and judicial oversight for its coercive powers.\n"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded since its original establishment of a principal club and of Racing NSW (s 4, Sch 1). Later insertions broaden Racing NSW’s regulatory and investigatory remit to include explicit statutory powers to set minimum standards for race conduct and club operations (s 29A–29C), to require and approve race‑broadcasting arrangements (ss 29D–29F, 29E), to conduct and compulsion‑backed special inquiries with Supreme Court orders to compel attendance or information (ss 29R–29T), and to make rules governing racing (ss 29O–29P). The Act also adds formal mechanisms for reviewing and altering intra‑code/totalizator distribution agreements (ss 29H–29J). These changes (visible in the inserted Part 2A provisions and later insertions noted in the text) extend Racing NSW’s regulatory, commercial and investigatory reach beyond the original principal‑club functions and introduce new enforcement tools, approval regimes and limited appeal pathways (see ss 29C, 29E, 29M–29N)."},"complexity_factors":["Multiple substantive divisions (licensing, standards, broadcasting, totalizator distribution, inquiries, appeals) across Parts and Schedules.","Extensive ministerial and Selection Panel appointment processes with probity checks and disqualification rules (ss 6–7).","Broad discretionary powers vested in Racing NSW to set standards, approve contracts and discipline clubs and persons (s 14; s 29A; s 29E).","Compulsion order procedure requiring Supreme Court involvement and criminal penalties for non‑compliance (ss 29S–29T) with statutory protections and review obligations (ss 29U–29V).","Layered appeal and review regime with different appeal bodies and limits (Appeal Panel, NCAT/CAT, Racing Appeals Tribunal) and procedural‑only review in some areas (ss 29M–29N, Part 4).","Cross‑references to many other laws and instruments (Australian Rules of Racing, Broadcasting Services Act, Totalizator Act, Criminal Records Act, Interpretation Act), increasing interpretive complexity.","Numerous amendment and transitional provisions (Schedules and annotations) that change timing, scope and application of provisions.","Mixture of civil penalty, administrative sanction and criminal enforcement mechanisms creating different burdens and remedies (s 29C; s 29T)."],"plain_english_summary":"What this law does (mechanically)\n\n- Establishes a corporate body called Racing New South Wales (Racing NSW) with a Chief Executive and appointed members to control, supervise and regulate galloping horse racing in New South Wales (s 4, s 13). The body is independent of government direction (s 5). \n\n- Sets how members are chosen and screened. A Minister appoints members largely from lists provided by a Selection Panel that must assess merit and carry out probity checks (s 6–7). Members must disclose pecuniary interests and are restricted from participating in matters where a conflict exists (s 21). Racing NSW must adopt and review a code of conduct for members and staff (s 11A).\n\n- Gives Racing NSW broad operational powers to oversee racing: licensing and registration, allocating race dates, registering horses, suspending or cancelling licences, imposing fees, ordering audits, entering contracts, owning property, borrowing, and imposing penalties on individuals and race clubs (s 14; s 14(2)(b),(e),(m),(n)). Racing NSW may delegate many functions (s 24). It must prepare business plans and consult industry stakeholders (s 14B).\n\n- Requires Racing NSW to ensure persons it registers or licences are “fit and proper” and allows it to consider criminal convictions in refusing licences (s 14AA). It contains special rules for company bookmaker licences and conditions for those licences (s 14A).\n\n- Creates the Integrity Assurance Committee (IA Committee) with oversight of stewards, drug testing, licensing and appeals, and gives that Committee powers to investigate complaints, require documents and take action where contraventions are identified (s 23, s 23A–23B).\n\n- Gives Racing NSW powers to set minimum standards for the conduct of races and race meetings (racecourse design, facilities, training facilities, financial management, fees and prize money) and to apply those standards as conditions of club registration, allocation of dates, or by written direction (s 29A). Racing NSW may require clubs to provide documents and information (s 29B). For non‑compliance, Racing NSW may admonish, impose civil penalties (up to 50 or 100 penalty units) or suspend/cancel registration; urgent sanctions can be imposed without prior hearing where there is a significant threat to public health, safety or the financial wellbeing of the industry (s 29C).\n\n- Controls race-broadcasting arrangements. A racing body must not enter into broadcasting arrangements without Racing NSW’s prior written approval; unauthorised arrangements are void (s 29D–29E). Racing NSW must follow a formal procedure for approvals and explain any refusal (s 29F). A person aggrieved by a refusal may request mediation (at Racing NSW’s expense) and may seek limited procedural review (s 29G, s 29M, s 29N).\n\n- Regulates distribution arrangements for totalizator betting via review and, if parties cannot agree, determinations by Racing NSW (Intra-Code agreement provisions s 29H–29J).\n\n- Permits Racing NSW to establish special inquiries into threats to racing’s integrity or public confidence. For a special inquiry it can seek a compulsion order from the Supreme Court to require a person to attend or produce information; failure to comply with a compulsion power can attract criminal penalties (s 29Q–29T). The Act also provides warning, non‑admissibility protections for compelled information, and a requirement that the Minister review the level of the penalty (s 29U–29V).\n\n- Establishes stakeholder consultation body RICG to provide recommendations to Racing NSW and requires Racing NSW to respond in writing (Part 3, ss 30–34). Racing NSW must report annually and make strategic plans (s 14B, s 29).\n\n- Establishes an Appeal Panel (Part 4) to hear fresh-evidence appeals against a range of racing authority decisions (disqualifications, licence suspensions, fines of $10+, and other matters Racing NSW specifies) (s 42–44). The Appeal Panel conducts new hearings and may confirm, vary, substitute or refer decisions (s 43–44). Appeal membership, composition and procedural rules are specified (s 45–49).\n\nWho pays, who decides, and how behaviour is changed (practical incentives and compliance burdens)\n\n- Who pays: registered race clubs must pay fees and can be subject to civil penalties for non‑compliance (s 14(2)(n); s 29C(2)(b)). Racing NSW may recover debts as a court‑recoverable debt (s 27). Racing NSW bears the cost of mediation for broadcasting disputes (s 29G(4)). Individuals and companies seeking licences bear probity and licensing costs imposed by Racing NSW (s 7(4); s 14A).\n\n- Who decides: Racing NSW has wide discretionary authority to set standards, approve broadcasting arrangements, allocate race dates, issue or cancel licences, and impose sanctions (s 14; s 29A; s 29E; s 29C). The Minister appoints Racing NSW members from Selection Panel lists and may remove members for cause (s 6–7; s 15).\n\n- Behavioural effects: race clubs and other industry participants must comply with Racing NSW minimum standards, provide documents on request, and seek prior approval for broadcasting deals. Bookmakers face corporate structure and licence conditions. Individuals face licensing standards and fitness‑to‑hold tests that can exclude those with relevant convictions (s 14AA; s 14A). The compulsion powers raise a legal obligation to provide information in special inquiries, subject to statutory protections (s 29S–29U).\n\nOfficial purpose and trade‑offs\n\n- The Act frames Racing NSW’s purpose as protecting the public interest and promoting the strategic development and welfare of the horse racing industry (s 13). The mechanical effect is to centralise regulatory, commercial and investigatory powers in an independent statutory body with formal consultation and appeal structures. Costs and trade‑offs apparent in the text include increased compliance and transactional costs for race clubs and broadcasters (approval, information supply, possible civil penalties), concentration of discretionary decision‑making in Racing NSW (multiple powers to set standards, approve contracts and make rules—s 14, s 29A, s 29E, s 29O), and limits on appeal rights in some areas (appeals on procedural grounds only in Division 2 and 3; restrictions on appeals for some sanctions) (s 29M–29N, s 29C(2)(c)). The Act creates both enforcement instruments (penalties, suspension, compulsion orders) and procedural protections (recording disclosures, warnings, non‑admissibility of compelled information in subsequent criminal or civil proceedings—s 21; s 29U(1),(3)).\n\nImplementation and administrative risk\n\n- Key implementation tasks that create operational risk are: conducting probity checks and Selection Panel recommendations (s 7(4)), setting and enforcing minimum standards across diverse clubs (s 29A–29C), policing broadcasting approvals (s 29E–29F), running special inquiries and seeking Supreme Court compulsion orders (s 29R–29S), and maintaining appeal mechanisms with constrained review rights (s 29M–29N). The Act also contains numerous transitional and savings provisions transferring functions and assets from predecessor bodies (Schedule 1), which are administrative and legal implementation matters.\n\nPrimary sections to consult for specifics: s 4 (establishment); s 6–7 (membership and appointment); s 13–14 (functions and powers); s 14AA–14A (licensing/fit and proper; bookmakers); s 23–23B (IA Committee); ss 29A–29C (minimum standards, directions, sanctions); ss 29D–29G (broadcasting approvals and mediation); ss 29H–29J (totalizator distribution reviews/determinations); ss 29Q–29V (special inquiries and compulsion powers); Part 4 (Appeal Panel, ss 42–49)."}},"importantCases":[],"_links":{"self":"/api/acts/thoroughbred-racing-act-1996","history":"/api/acts/thoroughbred-racing-act-1996/history","analysis":"/api/acts/thoroughbred-racing-act-1996/analysis","conflicts":"/api/acts/thoroughbred-racing-act-1996/conflicts","importantCases":"/api/acts/thoroughbred-racing-act-1996/important-cases","documents":"/api/acts/thoroughbred-racing-act-1996/documents"}}