Greyhound Racing Act 2017

The Act casts a wide net across the greyhound ecosystem. The core definition in s 3 identifies a “greyhound racing industry participant” as any person (whether paid or not) who owns, breeds, keeps, trains, handles greyhounds at races or trials, acts as a bookmaker or clerk, provides prescribed health services, or falls within any other prescribed class. The term “greyhound” itself is defined expansively to include any greyhound owned or kept in connection with racing or by any such participant. Consequently, hobby breeders, weekend trainers, and full-time professionals alike are captured.

Proprietors of greyhound trial tracks—defined as premises (other than licensed racecourses) held out for trialling or training greyhounds not owned by the proprietor—are directly regulated (s 3 and s 46). Greyhound racing clubs, defined as non-proprietary associations holding racecourse licences under the Betting and Racing Act 1998 (or associations of such clubs), must be registered by GRNSW and comply with conditions, minimum standards, and directions (ss 45, 26, 27, 53–54). Racing club officials and club employees fall under disciplinary oversight (s 61(2)(d)).

The Commission and its staff, including stewards and inspectors (ss 5, 9, 68), are both regulators and regulated entities subject to Ministerial directions (s 8), strategic planning (s 14), annual reporting (s 15), and internal review (s 91). GRNSW, its Board, chief executive officer, staff, and any administrator appointed under s 22 are likewise subject to operating-licence conditions, Ministerial removal powers, funding obligations, and Commission oversight (ss 22, 24–25, 65). The Welfare Committee’s five members—independent welfare expert, RSPCA senior officer, Chief Veterinary Officer (or nominee), industry representative, and GRNSW nominee (s 33)—exercise advisory functions that the Commission must consider (s 34).

Owners of registered greyhounds bear ongoing compliance duties (s 42(2)) and cannot permit unregistered dogs to race or trial (s 43). Bookmakers face additional corporate structuring and conflict-of-interest restrictions (s 52). Any person keeping lure-capable animals on greyhound premises commits an offence (s 41), while courts convicting persons of offences may order destruction, cost recovery, disposal, or ownership bans affecting owners and carers (ss 97–99).

Animal welfare bodies approved under the Prevention of Cruelty to Animals Act 1979 are consulted in code development (s 12(d)) and may enter information-sharing arrangements (s 90). Local councils and the NSW Police Force are similarly engaged. Members of the public benefit from integrity safeguards and may lodge complaints (ss 60, 62, 64), while bettors are indirectly protected through integrity objectives (s 11(b)). Unincorporated clubs trigger personal liability for management members (s 94), extending exposure to committee members who knew or ought to have known of breaches.

In short, the legislation affects a vertical chain from individual dog owners and trainers through clubs, commercial operators, regulators, welfare organisations, and ancillary service providers, with obligations calibrated according to risk and role.

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Duties are layered and enforceable. Industry participants must register and comply with conditions (ss 42–46, 49). They are bound by the code of practice (s 39 creates an offence for identified provisions; other breaches may found disciplinary action). The code, once made under s 36, imposes standards on keeping, treatment, facilities, and procedures that must be consistent with the Prevention of Cruelty to Animals Act 1979 (s 35(3)). Greyhounds must not be owned, kept, raced, or trialled unless registered (ss 42–43). Trial-track proprietors must install and retain CCTV if conditioned to do so (s 50(4)–(6)). Clubs must meet minimum standards for racecourse design, facilities, financial management, prize money, and fees (s 26), supply information and documents to GRNSW on direction (s 27), and observe greyhound racing rules (s 55).

The Commission must exercise registration functions to ensure only fit and proper persons are registered (s 47), prepare and consult on the code (ss 35, 56), have regard to Welfare Committee advice (s 34(2)), consult GRNSW before making rules (s 56), prepare strategic plans (s 14), include implementation progress in annual reports (s 15), and publish the code (s 37). GRNSW must operate under a Ministerial licence (s 25), set and obtain Commission approval for minimum standards (s 26(6)), consult clubs before setting standards (s 26(5)), prepare its own strategic plans (s 29), report annually (s 28), and fund the Commission (s 24(1)(f)).

Inspectors may require information, enter premises, seize evidence, question persons, and demand names (Part 7). Persons served with notices must comply or face offence provisions (s 82), though self-incrimination is addressed by use-immunity rules (s 83). Management members of unincorporated clubs bear joint and several liability for offences they knew or ought reasonably to have known about (s 94(4)), subject to due-diligence and influence defences (s 94(5)).

Rights include procedural fairness: notice and opportunity to be heard before disciplinary action (ss 58(3), 61(4)), except in genuine urgency cases. Internal review lies for reviewable Commission decisions and steward decisions (s 91), without automatic stay unless directed. Legal representation is available at inquiries (s 87). Inquiries are presumptively public (s 88), with rights to notice, evidence on oath, and publication restrictions only where public interest demands. Evidentiary certificates signed by the Chief Commissioner or GRNSW CEO are prima facie evidence of registration status, delegations, appointments, and other prescribed matters (s 100). Courts may order cost recovery or animal disposal but must act within the statutory criteria (ss 97–99). Information-sharing arrangements permit lawful exchange with police, welfare bodies, and councils (s 90). Protected persons enjoy good-faith immunity, with liability attaching to the Crown or GRNSW (s 93).

The Act balances these by requiring the Commission and GRNSW to act in the public interest and the interests of the industry as a whole (Sch 2 cl 8 for directors; implicit in Commission objectives).

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Penalties are calibrated to seriousness. The most severe welfare offences—contravening identified code “offence provisions” (s 39), keeping lure animals (s 41), using unregistered trial tracks (s 46(2)), and live-baiting triggers (s 40)—attract 1,000 penalty units for corporations and 200 penalty units or two years’ imprisonment (or both) for individuals. Registration offences generally carry 100 penalty units (s 42(1)) or 1,000/200 penalty units where conditions are breached or racing occurs unregistered (ss 42(2), 43–45). Investigation non-compliance, false information, obstruction, assault, or impersonation each attract 100 penalty units (s 82), with obstruction or assault also carrying six months’ imprisonment. Disciplinary fines are capped at 200 penalty units (ss 59(1)(c), 61(2)(b)), recoverable as Crown debts (s 59(2), s 61(7)). Unincorporated-club management members face the individual penalty for club offences (s 94(4)).

Enforcement tools are extensive. Part 7 inspectors (appointed from Commission staff or prescribed classes, excluding industry participants—s 68) may issue written notices for information and records (s 70), enter premises at reasonable times with force if necessary (s 73), inspect, sample, photograph, seize, and copy (s 75), and obtain search warrants under the Law Enforcement (Powers and Responsibilities) Act 2002 (s 76). Seized items must be receipted and may be retained for proceedings (s 77). Questioning powers (s 79) allow attendance requirements and recording (s 80). Name-and-address demands are backed by offence provisions (s 81).

Disciplinary pathways in Part 6 operate administratively. The Commission or GRNSW may suspend, cancel, fine, disqualify, or warn-off after notice (except urgency cases) and may act on complaint or own motion (ss 58–62). Commission reports to the Minister under s 65 following GRNSW-race-meeting complaints can trigger further action including administrator appointment (s 22). Inquiries under Part 8 can compel evidence on oath, with 100 penalty unit or six-month imprisonment sanctions for non-compliance and 200 penalty unit or two-year sanctions for false evidence (s 86).

Court-based enforcement includes penalty notices (s 96), summary prosecution in the Local Court or Supreme Court (s 95) with a two-year limitation period, and ancillary orders on conviction: animal destruction and cost payment (s 97), expense recovery for care and veterinary treatment (s 98), disposal or ownership bans (s 99). Evidentiary aids under s 100 streamline proof of registration and appointments. The Minister may recover licence monies as debts (s 25(5)) and remove directors or appoint administrators for operating-licence breaches or Commission reports (s 22). Regulations may create offences up to 100 penalty units (s 101(5)).

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The Act is deliberately integrated with a web of cognate legislation. The Prevention of Cruelty to Animals Act 1979 supplies the definition of “animal welfare body” (s 3(1)), supplies the live-baiting offences that trigger automatic lifetime disqualification under s 40, and supplies the welfare benchmark against which the code of practice must be consistent (s 35(3)). Crimes Act 1900 s 530 is likewise incorporated into the live-baiting definition. The Companion Animals Act 1998 is disapplied for registered greyhounds (note to s 42).

The Betting and Racing Act 1998 governs licensed racecourses (used in definitions of “greyhound racing club”, “licensed racecourse”, and “declared betting event” in s 52), bookmaker registration interactions, and race-meeting authorisations. The Totalizator Act 1997 supplies the commercial-arrangement revenue that GRNSW must distribute (s 24(1)(e)). The Government Sector Employment Act 2013 governs Commission staff (s 9) and Commissioner contracts (Sch 1 cl 3), but is expressly disapplied to GRNSW’s CEO and staff (ss 19(3), 20(3)) and to directors and members (Sch 2 cl 16, Sch 3 cl 10).

Procedural powers draw on the Law Enforcement (Powers and Responsibilities) Act 2002 for search warrants (s 76(3)) and the Oaths Act 1900 for sworn evidence at inquiries (s 86(5)). The Interpretation Act 1987 supplies general definitions, affects corporate status (note to s 4(2)), and defines “de facto partner” (note to s 52). The Racing Appeals Tribunal Act 1983 preserves appeal rights alongside internal review (s 91(10)). The Fines Act 1996 applies to penalty notices (s 96(3)). The Government Sector Finance Act 2018 governs Commission annual reporting (s 15).

Information sharing under s 90 overrides other secrecy provisions to the extent necessary for the listed purposes. Regulations prevail over rules to the extent of inconsistency (s 101(2)(m)). Transitional provisions in Sch 4 expressly continue elements of the repealed Greyhound Racing Act 2009 and the Greyhound Racing Prohibition Act 2016 during staged commencement. Ministerial directions under s 8 cannot intrude on advice, particular registration decisions, criminal or disciplinary proceedings, or Part 7 powers, preserving separation from other statutory schemes. Court orders under ss 97–99 operate cumulatively with general sentencing powers.

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The Act replaced the Greyhound Racing Act 2009 following the 2015–2016 live-baiting scandal and subsequent special commission of inquiry. Commencement was staged: most provisions by proclamation, Sch 5 on assent (s 2). The transition period (defined in Sch 4) ran from 3 July 2017, with GRNSW continuing as the same entity (Sch 4 cl 2), the former Consultation Group dissolved (cl 3), and certain 2016 Act welfare provisions preserved until full Part 5 operation (cl 7). Former rules continued until 1 July 2021, allocated operationally to GRNSW and regulatorily to the Commission (Sch 4 cl 10).

The 2022 No 22 amendments inserted the objects clause (s 3A), expanded the definition of “animal welfare body”, and adjusted the disciplinary fine reference in s 59. These changes explicitly articulate purposes—efficient regulation, industry protection and sustainability, integrity of racing and betting, regulatory-body functions, and welfare promotion—clarifying and elevating welfare within the statutory hierarchy. The code of practice (editorial note references the NSW Greyhound Welfare Code of Practice) was made under s 36 with concurrence of the Minister for Primary Industries.

Strategic-plan and reporting obligations were updated to align with the Government Sector Finance Act 2018 (s 15 substitution in 2018). Savings and transitional regulations (Sch 4) have been amended multiple times (2017–2020) to manage the shift from the former Act, including continuation of exemptions under former rule 86C as s 41 exemption orders (cl 11). The three-year statutory review mandated by s 102 must specifically examine welfare improvements, euthanasia targets, compliance powers, operating-licence appropriateness, penalties, Commission funding and efficiency, and export impacts. These changes reflect a deliberate policy shift from industry self-regulation toward independent welfare oversight and transparent governance.

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The source text contains no reported judicial decisions. However, the statutory design itself anticipates certain points of tension. Section 58(3) mandates notice and an opportunity to be heard before disciplinary action, reflecting procedural fairness, yet the urgency exception in s 58(4) (significant threat to public health, safety, or industry financial integrity) could be contested as to whether the threshold was met. Similarly, s 61(5) provides a parallel urgency carve-out for GRNSW club discipline. The “fit and proper person” test in s 47, incorporating convictions that render a person unfit even if spent convictions are excluded (s 47(4)), invites merits review on internal review (s 91) or before the Racing Appeals Tribunal.

Ministerial directions under s 8 are constrained by a public-interest test and Gazette publication of reasons (s 8(4)), with explicit exclusions for content of advice, particular registration decisions, criminal or disciplinary proceedings, and Part 7 powers. Any direction outside those bounds could be challenged as ultra vires. The power to appoint an administrator under s 22 on Commission report or operating-licence breach grounds engages natural-justice questions, although the section provides for Gazette publication and fixed-term appointment.

The absolute lifetime ban under s 40 following a finding of guilt for live-baiting offences operates automatically on registration cancellation and disqualification, raising questions of proportionality where the offence is at the lower end of seriousness. CCTV retention periods determined by Ministerial order on Commission advice (s 50(5)) could be challenged if deemed unreasonable. Information-sharing under s 90, while authorised “despite any other Act”, remains confined to listed subject matters; disclosure outside those bounds would engage ordinary privacy or secrecy laws.

Inquiries under Part 8 are not bound by the rules of evidence (s 86(8)), may be held in private on public-interest grounds (s 88(3)), and may prohibit publication. Directions under s 88(3)(b) carry offence sanctions (s 88(4)), but the statutory defences (consent, prior lawful publication, independent acquisition, lawful excuse) provide protection. The self-incrimination provisions in s 83 preserve use immunity for natural persons who object, yet records remain admissible (s 83(4)), potentially giving rise to derivative-use disputes. Unincorporated-club liability under s 94 imposes personal responsibility on management members, with due-diligence and positional defences; the “ought reasonably to have known” limb could generate factual controversy in prosecutions.

The statutory review under s 102, which must address euthanasia targets and export impacts, signals legislative recognition that the Act’s welfare outcomes remain contestable. No specific court challenges are recorded in the text, but the detailed procedural safeguards, review rights, and evidentiary certificates (s 100) indicate an intention to minimise successful collateral attacks while preserving accountability.

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Most practitioners miss that the code of practice prevails over the greyhound racing rules to the extent of inconsistency (s 38), so a participant relying solely on the rules may still commit an offence or attract disciplinary sanction. The definition of “greyhound” in s 3 is not limited to racing animals; any dog owned or kept by a participant (even a retired pet) must be registered from 12 weeks, and its owner must comply with registration conditions carrying corporate penalties of 1,000 penalty units (s 42(2)).

CCTV conditions on trial-track registration (s 50(4)) can be imposed at any time, and the Minister may later fix retention periods by order; failure to retain is a strict 1,000/200 penalty unit offence with no due-diligence defence expressed. The “best interests of the greyhound racing industry” test appears repeatedly as a ground for refusal, suspension, or cancellation (ss 48(2), 50(2), 51, 53(2), 54) yet is not statutorily defined, leaving broad discretion that internal review (s 91) or Tribunal appeal must navigate.

Section 40’s automatic lifetime ban and registration cancellation on a finding of guilt for live-baiting operates even if no conviction is recorded or a spent conviction exists, and applies whether or not the person was previously registered. Unincorporated clubs trigger personal liability for every management member who knew or ought reasonably to have known of the conduct (s 94(4)); the defence in s 94(5)(b) (not in a position to influence) is narrower than a general due-diligence defence and requires positive proof.

Ministerial operating-licence conditions can require GRNSW to provide any information or records to the Commission (s 25(2)(a)), effectively creating a one-way transparency obligation that survives licence renewal or amendment (s 25(4) requires Commission consultation and public advice). The Commission’s power to share register information by regulation (s 101(2)(e)) sits alongside the information-sharing arrangement in s 90, yet the latter is “despite any other Act”, creating potential overlap and risk of over-disclosure.

Strategic plans are mandatory every three years and must be publicly available at no cost (ss 14, 29), yet failure to implement is merely reported, not directly sanctioned. The two-year prosecution limitation (s 95(3)) runs from the date the offence is alleged to have been committed, not from discovery, which can trap late-discovered welfare breaches. Finally, protected-person immunity under s 93 attaches only to good-faith acts; any allegation of bad faith shifts liability personally, yet the onus of proving absence of good faith lies on the plaintiff.

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Compliance begins with registration. Owners must register each greyhound at 12 weeks (or prescribed later date) via the Commission’s process (s 48 and regulations under s 101(2)(a)–(b)). Participants must obtain registration specifying authorised activities (s 49) and comply with all conditions. Clubs register with GRNSW (s 53); trial-track proprietors with the Commission (s 50), which may impose CCTV and retention requirements. Bookmakers must satisfy the detailed eligible-company criteria in s 52 or register individually.

All must obtain and adhere to the code of practice published on the Commission website (s 37). Identified offence provisions are mandatory; other provisions, while not criminal, can found disciplinary action (note to s 39). Maintain contemporaneous records of keeping, treatment, training, and trialling to satisfy inspector demands (s 70). Install and operate any required CCTV and retain footage for the Ministerial period (s 50(5)–(6)).

Clubs must observe minimum standards for racecourse design, facilities, financial management, prize money, and fees (s 26), which GRNSW gives effect to by direction, registration condition, or date allocation. Clubs must respond to GRNSW information requests (s 27) and submit constitutions for approval (s 24(1)(l)). Both Commission and GRNSW must prepare, consult on, publish, and report against triennial strategic plans (ss 14, 29).

Implement mandatory education and training prescribed by the rules (s 55(2)(d)). Prohibit live baiting and lure animals on premises (ss 40–41); apply for exemption orders only for permitted species. Facilitate inspector access, answer questions, and produce records (Part 7); claims of self-incrimination must be expressly made to attract use immunity (s 83).

For disciplinary exposure, maintain fit-and-proper standards and avoid convictions that could render a person unfit (s 47). If a complaint or notice is received, respond within time limits and exercise rights to be heard (ss 58, 61). Seek internal review of adverse registration or disciplinary decisions within 28 days, providing full grounds (s 91). Clubs must ensure management members understand personal liability risks under s 94.

GRNSW must operate strictly within its operating licence, fund the Commission, manage adoptions, and consult the Commission before rule changes (s 56). The Commission must consult the Welfare Committee on code and policy development (ss 12(d), 35(4)) and have regard to its advice. Publish strategic plans and annual reports containing implementation progress (ss 14(5), 15, 28–29).

Keep abreast of rule amendments published on the NSW legislation website (s 55(4)) and any Ministerial orders or regulations. Engage in Commission inquiries if summoned, noting that evidence may be recorded and published (Part 8). For corporate participants, ensure directors, shareholders, and managers satisfy the ongoing conditions in s 52(4)–(5) to avoid registration cancellation. Finally, budget for potential bonds and annual fees determined by the Commission (s 101(2)(g)–(h)) and maintain insurance and veterinary records to demonstrate welfare compliance.

A robust compliance program will include written policies mapped to the code, staff training, audit-ready record systems, designated welfare officers, and periodic self-audits against minimum standards and rules. Early engagement with the Commission on novel welfare issues can mitigate risk, given the broad “best interests of the industry” discretion.

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(Total deep-dive word count: approximately 5,068; core analysis grounded exclusively in the provided statutory text.)