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Racing Act 1958
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3 Definitions
S. 3(1) def. of *approved betting event* inserted by No. 18/2007 s. 6(a).
***approved betting event*** has the same meaning as in the **Gambling Regulation Act 2003**;
S. 3(1) def. of *approved bookmaking company* inserted by No. 19/2002 s. 3, repealed by No. 73/2008 s. 3(2).
S. 3(1) def. of *approved
off-course premises* inserted by No. 55/2012 s. 4.
***approved off-course premises*** means premises approved by a controlling body under section 4C;
S. 3(1) def. of *approved substitute* inserted by No. 73/2008 s. 3(1).
***approved substitute*** means a registered bookmaker's key employee approved under section 91AB by a controlling body to carry on the business of a registered bookmaker;
S. 3(1) def. of *assessable disclosure* inserted by No. 2/2019 s. 105.
***assessable disclosure*** has the meaning given in section 3 of the **Public Interest Disclosures Act 2012**;
S. 3(1) def. of *authorised officer* inserted by No. 2/2023 s. 3(1).
***authorised officer*** means—
(a) a police officer; or
(b) a person appointed as an authorised officer under section 32H;
S. 3(1) def. of *Authority* inserted by No. 37/1994 s. 174(a), repealed by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.1(a)).
S. 3(1) def. of *ban order* inserted by No. 2/2023 s. 3(1).
***ban order*** means an order made under section 32G;
S. 3(1) def. of *betting contingency* inserted by No. 16/2001 s. 3(1)(a).
***betting contingency*** includes any event or contingency;
S. 3(1) def. of *Board* repealed by No. 37/1994 s. 174(b).
S. 3(1) def. of *bookmaker's key employee* inserted by No. 73/2008 s. 3(1).
***bookmaker's key employee*** has the same meaning as in the **Gambling Regulation Act 2003**;
S. 3(1) def. of *charitable purposes* amended by No. 8344 s. 26(3)(a).
***charitable purposes*** means—
(a) the aiding of any institution or benevolent society within the meaning of the **Hospitals and Charities Act 1958** or, if approved for the purposes of this Part by the Minister bywriting under his hand, of any hospital asylum institution or society affording charitable relief within the meaning of that Act which is exempted from the operation of that Act;
(b) the aiding of the funds of any public authority in Victoria engaged in research into the cause prevention or cure of disease in human beings; or
(c) the affording of charitable relief within the meaning of that Act to any diseased infirm incurable poor or destitute person or persons;
S. 3(1) def. of *chief steward* inserted by No. 55/2005 s. 3(1)(a).
***chief steward***, in relation to a controlling body, means—
(a) in the case of horse racing, the person appointed as chairman of stewards by Racing Victoria;
(b) in the case of harness racing, the person appointed as chairman of stewards by Harness Racing Victoria;
(c) in the case of greyhound racing, the person appointed as chief steward by Greyhound Racing Victoria;
***club*** includes club society or other association by whatever name called;
S. 3(1) def. of *club betting permit* inserted by No. 97/1998 s. 4.
***club betting permit*** means a permit issued under Division 2A of Part 1;
S. 3(1) def. of *club bookmaker's licence* inserted by No. 55/2012 s. 4.
***club bookmaker's licence*** has the same meaning as it has in section 84;
S. 3(1) def. of *Commission* inserted by No. 114/2003 s. 12.1.3(Sch. 6 item 10.1(b)), amended by No. 58/2011 s. 102, substituted by No. 26/2022 s. 58(1)(b).
***Commission*** means the Victorian Gambling and Casino Control Commission established under Part 2 of the **Victorian Gambling and Casino Control Commission Act 2011**;
***conduct*** includes conduct carry on manage or to assist in doing any of these things;
S. 3(1) def. of *confidentiality notice* inserted by No. 2/2019 s. 105.
***confidentiality notice*** means a notice issued by the Racing Integrity Commissioner under section 37T(1);
S. 3(1) def. of *controlling body* inserted by No. 55/2005 s. 3(1)(a), substituted by No. 52/2009 s. 4(b).
***controlling body*** means—
(a) in the case of horse racing, Racing Victoria;
(b) in the case of harness racing, Harness Racing Victoria;
(c) in the case of greyhound racing, Greyhound Racing Victoria;
S. 3(1) def. of *corrupt conduct* inserted by No. 82/2012 s. 180, amended by No. 82/2012 s. 318(a).
***corrupt conduct*** has the meaning given in section 4 of the **Independent Broad-based Anti-corruption Commission Act 2011**;
S. 3(1) def. of *Department* inserted by No. 37/2018 s. 8(2), amended by No. 2/2022 s. 29(1).
***Department*** means the Department of Jobs, Precincts and Regions;
S. 3(1) def. of *domestic partner* inserted by No. 72/2001 s. 3(Sch. item 11.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 50.1).
***domestic partner*** of a person means—
(a) a person who is in a registered relationship with the person; or
(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
S. 3(1) def. of *duration of an official trial meeting* inserted by No. 2/2023 s. 3(1).
***duration of an official trial meeting*** has the meaning given by section 14AB;
S. 3(1) def. of *exclusion order* inserted by No. 55/2005 s. 3(1)(a).
***exclusion order*** means a written order under section 33;
S. 3(1) def. of *gambling and casino inspector* inserted by No. 26/2022 s. 58(1)(a).
***gambling and casino inspector*** means an inspector appointed under section 40 of the **Victorian Gambling and Casino Control Commission Act 2011**;
S. 3(1) def. of *gambling and liquor inspector* inserted by No. 55/2012 s. 4, repealed by No. 26/2022 s. 58(1)(c).
S. 3(1) def. of *General Post Office Melbourne* repealed by No. 50/2015 s. 3(1)(a).
S. 3(1) def. of *greyhound race*
inserted by No. 37/1994 s. 174(a).
***greyhound race*** means a race in which greyhounds compete;
S. 3(1) def. of *Greyhound Racing Victoria* inserted by No. 2/2022 s. 4.
***Greyhound Racing Victoria*** means the body corporate in that name established by section 69;
S. 3(1) def. of *GRV Racing Appeals and Disciplinary Board* inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).
S. 3(1) def. of *harness race*
inserted by No. 9671 s. 24(b), substituted by No. 37/1994 s. 174(c).
***harness race*** means a race in which horses compete moving at a gait generally known as pacing or trotting;
S. 3(1) def. of *Harness Racing Victoria* inserted by No. 2/2022 s. 4.
***Harness Racing Victoria*** means the body corporate in that name established by section 39;
S. 3(1) def. of *horse race* inserted by No. 37/1994 s. 174(a).
***horse race*** means a race in which horses compete but does not include a harness race;
S. 3(1) def. of *HRV Racing Appeals and Disciplinary Board* inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).
S. 3(1) def. of *IBAC* inserted by No. 82/2012 s. 180, amended by No. 82/2012 s. 318(b).
***IBAC*** means the Independent Broad-based Anti‑corruption Commission established under section 12 of the **Independent Broad‑based Anti-corruption Commission Act 2011**;
S. 3(1) def. of *IBAC personnel* inserted by No. 82/2012 s. 180, amended by No. 31/2024 s. 113(Sch. 1 item 30.1).
***IBAC personnel*** has the same meaning as it has in the **Integrity Oversight Victoria Act 2011**;
S. 3(1) def. of *Integrity Board* inserted by No. 37/2018 s. 33.
***Integrity Board*** means the Victorian Racing Integrity Board established by section 95G;
S. 3(1) def. of *metropolitan race-course* inserted by No. 9924 s. 4, amended by Nos 37/1994 s. 174(d), 50/2015 s. 3(1)(b).
***metropolitan race-course*** means any of the following: the Flemington race-course, the Caulfield race-course, the Moonee Valley race-course, the Sandown race-course or any race-course within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne which the Minister, by notice published in the Government Gazette, declares to be a metropolitan race-course;
S. 3(1) def. of *mixed sports gathering* substituted by No. 9050 s. 2(a), amended by Nos 9671 s. 24(a)(c), 49/1987 s. 4(a)(b), 17/1992 s. 4(1)(a)(b), 16/2001 s. 3(1)(b).
***mixed sports gathering*** means—
(a) a meeting for foot races bicycle races or any other games exercises pastimes or contests of a kind usually conducted carried on contested or decided on any land whatsoever to which persons are admitted either at all times or only at certain times (whether on payment of an entrance fee or charge or otherwise) for the purpose of taking part in or witnessing any such races games exercises pastimes or contests, being a meeting at which—
(i) the races which take place include races of one or more of the following kinds, namely, horse races, pony races and harness races;
(b) a meeting for foot races bicycle races or any other games exercises pastimes or contests of a kind usually conducted carried on contested or decided on any land whatsoever to which persons are admitted either at all times or only at certain times (whether on payment of an entrance fee or charge or otherwise) for the purpose of taking part in or witnessing any such races games exercises pastimes or contests, being a meeting—
(i) at which no horse race pony race or harness race takes place; and
(ii) which is conducted by a club or other body of persons approved by the Minister;
S. 3(1) def. of *official trial meeting* inserted by No. 2/2023 s. 3(1).
***official trial meeting*** means a meeting for the purpose of trialling horses or greyhounds—
(a) that is not a horse race, harness race or greyhound race; and
(b) that is approved by the appropriate controlling body and supervised by a steward of that controlling body; and
(c) at which entries are taken and results are recorded;
S. 3(1) def. of *Parliamentary Workplace Standards and Integrity Commission* inserted by No. 27/2024 s. 159.
***Parliamentary Workplace Standards and Integrity Commission*** means the body established by section 42 of the **Parliamentary Workplace Standards and Integrity Act 2024**;
S. 3(1) def. of *picnic race-meeting* amended by Nos 9671 s. 24(a), 37/1994 s. 174(e), repealed by No. 16/2001 s. 3(1)(c).
S. 3(1) def. of *police member* inserted by No. 55/2005 s. 3(1)(a), repealed by No. 37/2014 s. 10(Sch. item 139.1(b)).
S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 139.1(a)).
***police officer*** has the same meaning as in the **Victoria Police Act 2013**;
***pony races*** or ***pony racing*** means races under conditions limiting the height of any horse eligible to compete therein to any height not exceeding fourteen hands two inches;
S. 3(1) def. of *prescribed* repealed by No. 37/1994 s. 174(b).
S. 3(1) def. of *professional jockey* amended by Nos 8503 s. 2, 9671 s. 24(a), 49/1987 s. 5(1)(a)(b), repealed by No. 37/1994 s. 174(b).
S. 3(1) def. of *public interest complaint* inserted by No. 2/2019 s. 105.
***public interest complaint*** has the meaning given in section 3 of the **Public Interest Disclosures Act 2012**;
S. 3(1) def. of *race-course* amended by No. 2/2023 s. 3(2).
***race-course*** means land used for race-meetings, and in Division 4A of this Part, includes land used for official trial meetings;
S. 3(1) def. of *race-meeting* amended by No. 9671 s. 24(a), substituted by No. 37/1994 s. 174(f).
***race-meeting*** means a meeting for the purpose of horse racing, harness racing or greyhound racing;
S. 3(1) def. of *Racing Appeals and Disciplinary Board* inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).
S. 3(1) def. of *Racing Integrity Commis-sioner* inserted by No. 52/2009 s. 4(a).
***Racing Integrity Commissioner*** means the Racing Integrity Commissioner appointed under section 37A;
S. 3(1) def. of *Racing Victoria* inserted by No. 35/2001 s. 3, amended by No. 10/2018 s. 4.
***Racing Victoria*** means the company certified by the Minister under section 3A(1) to be Racing Victoria, by a certification published in the Government Gazette on 19 December 2001;
S. 3(1) def. of *registered bookmaker* inserted by No. 73/2008 s. 3(1).
***registered bookmaker*** has the same meaning as in the **Gambling Regulation Act 2003**;
S. 3(1) def. of *registered bookmaker's key employee* inserted by No. 73/2008 s. 3(1).
***registered bookmaker's key employee*** has the same meaning as in the **Gambling Regulation Act 2003**;
S. 3(1) def. of *regulations* repealed by No. 37/1994 s. 174(b).
S. 3(1) def. of *relevant person* inserted by No. 77/2013 s. 39.
***relevant person*** means—
(a) a person who attends a race-meeting for the purpose of horse racing in Victoria; or
(b) a person who participates, whether at a racecourse or any other place, in an activity connected with, or involving, horse racing in Victoria or wagering on horse racing in Victoria;
S. 3(1) def. of *restricted harness racing meeting* inserted by No. 9269 s. 2, amended by Nos 9671 s. 24(d)(i)(ii), 125/1986 s. 4(a)(b), repealed by No. 16/2001 s. 3(1)(c).
S. 3(1) def. of *restricted matter* inserted by No. 2/2019 s. 105.
***restricted matter*** means—
(a) any evidence or information given to, or obtained by, the Racing Integrity Commissioner;
(b) the contents of any document produced to, or obtained by, the Racing Integrity Commissioner;
(c) the existence of, or any information about, a confidentiality notice or a requirement under section 37BA(1) to appear before the Racing Integrity Commissioner for examination;
(d) the subject matter of an investigation by the Racing Integrity Commissioner;
(e) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Racing Integrity Commissioner, to be identified or located;
(f) the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Racing Integrity Commissioner;
(g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the **Public Interest Disclosures Act 2012**;
(h) the fact that a disclosure or related disclosure has been determined under Part 3 of the **Public Interest Disclosures Act 2012** to be a public interest complaint;
(i) the fact that the Racing Integrity Commissioner intends to conduct an investigation on a public interest disclosure;
S. 3(1) def. of *restricted racing area* inserted by No. 2/2023 s. 3(1).
***restricted racing area*** means any of the following areas of land within a race-course—
(a) a track which is being used for racing or training horses or greyhounds;
(b) a space which is being used for—
(i) keeping, saddling, mounting, parading or exercising horses; or
(ii) keeping, parading or exercising greyhounds;
(c) a pathway which connects 2 or more restricted racing areas;
(d) a prescribed area of land;
S. 3(1) def. of *RV* *Racing Appeals and Disciplinary Board* inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).
S. 3(1) def. of *specified race-course* inserted by No. 55/2005 s. 3(1)(a).
***specified race-course*** means—
(a) an area of land described in an item in Schedule 2;
(b) an area of land prescribed by the regulations to be a specified race‑course for the purposes of Division 5;
S. 3(1) def. of *sporting contingency* repealed by No. 16/2001 s. 3(1)(c).
S. 3(1) def. of *spouse* inserted by No. 72/2001 s. 3(Sch. item 11.1), amended by No. 55/2005 s. 3(1)(b).
***spouse*** of a person means a person to whom the person is married;
S. 3(1) def. of *steward* inserted by No. 55/2005 s. 3(1)(a), substituted as *Steward* by No. 52/2009 s. 4(c).
***Steward*** means a person appointed as such in accordance with the rules of a controlling body or a person so appointed as a Deputy Steward;
S. 3(1) def. of *Trotting race* repealed by No. 9924 s. 15(a).
S. 3(1) def. of *Victorian Racing Tribunal* inserted by No. 37/2018 s. 8(2).
***Victorian Racing Tribunal*** means the Victorian Racing Tribunal established under section 50B.
S. 3(1A) inserted by No. 72/2001 s. 3(Sch. item 11.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 50.2).
(1A) For the purposes of the definition of ***domestic partner*** in subsection (1)—
(a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and
(c) a person is not a domestic partner of another person only because they are co-tenants.
(2) For the purposes of this Part—
S. 3(2)(a) amended by No. 50/2015 s. 3(2).
(a) any reference in this Part to the distance of a race-course or a municipal district or part thereof from the north-east corner of Bourke and Elizabeth Streets, Melbourne shall be read and construed and take effect as if it were a reference to such distance measured according to the nearest practicable route (by road or railway or by road and railway, as the case may be) from that corner to such race-course or municipal district or part thereof;
(b) a match or race between two horses only shall not be deemed a race-meeting.
S. 3(3) amended by No. 17/1992 s. 6(1).
(3) In the construction of this Part, unless the contrary intention appears, a year shall be deemed to commence on the first day of August.
S. 3(4) substituted by No. 9050 s. 2(b), amended by No. 9671 s. 28, substituted by No. 16/2001 s. 3(2).
(4) Save as otherwise provided in this Part, any mixed sports gathering held on any land whatsoever in Victoria shall be deemed to be a race-meeting for the purposes of this Act.
S. 3(5) inserted by No. 55/2005 s. 3(2).
(5) In this Part, the "duration of a race-meeting" must be determined in accordance with section 14A.
S. 3A inserted by No. 35/2001 s. 4.