Racing Act 1999

The Act organises regulation around a small set of recurring legal concepts. Understanding these concepts is necessary to see how powers, duties and liabilities flow.

• Authorised race meeting and licensed racecourse. “Authorised race meeting” means a race meeting conducted by a controlling body or an ARO in accordance with the Act, or approved by the Commission under s 6, and listed in a published schedule under s 7 (dictionary). A “licensed racecourse” is a racecourse approved by the Commission in relation to a controlling body or ARO (s 5). These two concepts gate where races and betting may lawfully take place (s 4(1)-(2)).

• Approved rules and special rules. Approved rules are the rules that the controlling bodies (racing club, harness club) adopt or that the Commission approves for an ARO (ss 10-11, 34(4)). Special rules are rules other than the approved rules that the Commission may approve for a meeting or some races at a meeting (s 12). Approved rules apply to registered/licensed persons, animals, premises and meetings as specified (ss 10-11). Special rules have to be available to the public in advance of meetings (s 13).

• Controlling bodies and AROs. The Act designates the Canberra Racing Club as the controlling body for thoroughbred racing and the Canberra Harness Racing Club for harness racing (ss 15, 21). AROs are additional racing organisations that the Commission may approve to conduct races for betting (s 33). ARO approval requires corporate status and capacity to conduct honest, criminal‑influence‑free races (s 34(1)(a)-(b)); approvals may be conditional and revocable (ss 34(3), 36).

• Commission oversight and inquiries. The Gambling and Racing Commission (the Commission) appears in several gatekeeper roles: approving licensed racecourses (s 5), approving race meetings for betting (s 6), approving special rules (s 12), approving or refusing AROs (s 34), and conducting inquiries that may trigger revocations of approvals or recommendations to the Minister (ss 5(3), 6, 36, 20, 26).

• Racing Appeals Tribunal. The Act sets up an independent Tribunal to hear appeals on specific categories of decisions under approved or special rules, principally decisions that disqualify or suspend persons or animals, impose fines, or require persons not to enter a racecourse/training track (s 47). The Tribunal’s decisions are final and binding on the entities affected (s 61).

• Race field information regime. The Act defines “race field information” broadly (s 61E) and makes its use in wagering businesses contingent on approval by the relevant controlling body (s 61J-K). Approvals are subject to suitability tests (s 61L) and conditions including a race field information charge (s 61M), and unauthorised use is a criminal offence (s 61F-61H).

• Jockey accident insurance via applied NSW Acts. The Act authorises Racing NSW to act as a specialised insurer for ACT jockeys by applying specified NSW workers compensation Acts in the ACT with necessary changes by regulation; it also prescribes consequential legal effects and notices (ss 61A-61D).

• Regulation and fee instruments. The Executive may make regulations for numerous operational matters (s 66), and the Minister may determine fees as disallowable instruments (s 67).

These concepts are embedded in statutory allocation of power: the Commission decides approvals and conducts inquiries; controlling bodies and AROs administer rules and schedules and may approve meetings; the Tribunal determines appeals from rule‑based disciplinary and fine decisions; the Minister may intervene in limited circumstances (direct the Commission to grant approval under s 34(7), appoint administrators under ss 20 and 26 following Commission advice).

The Act places obligations and confers rights across a range of actors in the racing and wagering ecosystem. The primary affected parties and how they are affected follow directly from the Act.

• Race organisers and controlling bodies. The Canberra Racing Club and the Canberra Harness Racing Club are the statutory controlling bodies (ss 15, 21). They must publish schedules of authorised race meetings (s 7) and may adopt national rules (e.g. Australian Rules of Racing) or make local rules (s 19). They decide certain approvals (e.g. approving a person to conduct a meeting on their licensed racecourse under s 6(2)), impose conditions on third‑party meetings (s 6(3)), and are responsible for ensuring meetings comply with Act and conditions (s 8). They must give copies of their reports and accounts to the Commission (ss 18, 24).

• Approved Racing Organisations (AROs). An ARO is a body corporate approved by the Commission under Part 4 to conduct specified kinds of races for betting (s 33). To obtain approval an applicant must show it is a body corporate, has capacity to conduct and control race meetings for betting honestly and free from criminal influence, and provide rules and particulars of racecourses (s 34(1)). The Commission may approve, impose conditions, vary or revoke approval following inquiry (ss 34-36). Approved AROs must provide reports and statements to the Commission (s 37).

• Wagering operators. “Licensed wagering operator” and “wagering operator” are defined terms in the race field information part (s 61E). The Act makes it an offence for a licensed wagering operator to use race field information for conducting wagering without approval (s 61F), and an offence to fail to pay a race field information charge where a condition requires it (s 61G). Approval is issued by the relevant controlling body and is conditional on suitability (ss 61J-61K, 61L). The Act therefore directly regulates the business practices of bookmakers, totalisators, betting exchanges and other wagering businesses that use race field information.

• Participants in racing (riders/drivers, trainers, owners). Participants are regulated through approved rules and special rules (ss 10-11, 14). The Act criminalises participation in races that are run for betting outside authorised meetings (s 4(2)), although there is a defence where the person did not know and had no reason to suppose betting was intended. Disciplinary decisions by controlling bodies or AROs (e.g. disqualifications or fines) are appealable to the Tribunal (s 47).

• Jockeys licensed by Racing NSW who ride in the ACT. The Act brings a specific insurance arrangement into effect: Racing NSW, if a specialised insurer under the NSW Acts, is authorised to provide accident insurance for ACT jockeys and the NSW Acts are applied in the ACT for that purpose (ss 61B-61C). ACT jockeys taken within those applied NSW Acts have the rights and obligations described in s 61C, including treatment under the applied NSW Acts for compensation.

• Executive officers of corporations. The Act creates potential criminal exposure for executive officers where their corporation commits certain offences (including unauthorised use of race field information, failure to comply with meeting conditions, and offences in s 4): s 61I establishes the elements for executive officer liability and requires courts to consider whether reasonable steps were taken to prevent the offence (s 61I(2)).

• The Gambling and Racing Commission and Minister. The Commission is the approval and inquiry authority for licensed racecourses, race meetings, special rules, AROs and revocations (ss 5-6, 12, 34, 36). The Minister has functions including power to appoint an administrator to a controlling body following Commission advice (ss 20(1), 26(1)), and to determine fees (s 67). The Minister also must prepare notices about Racing NSW insurance licences (s 61D).

• Public and bettors. The Act requires publication of schedules (s 7) and availability of special rules to the public prior to race meetings (s 13). These requirements affect the public’s access to the information they rely on for wagering decisions.

Who pays, in practical terms: organisers and controlling bodies pay compliance costs (s 7 publication, s 13 availability, ss 18/24 reporting), wagering operators pay for approvals and potentially a race field information charge (s 61M), and individuals or corporations who contravene prohibitions face statutory penalties (see s 4, s 61F-61H and the penalty unit values noted at the front of the republication).

The Act allocates duties and confers rights through explicit statutory provisions. Below are the most operational obligations and entitlements.

Duties on organisers and controlling bodies

• Conduct races only at authorised race meetings. It is an offence to conduct a race for the purpose of betting except at an authorised race meeting (s 4(1)). Persons participating in races for betting must do so only at authorised race meetings (s 4(2)).

• Publish schedules. Controlling bodies and AROs must publish, from time to time, a schedule of race meetings (s 7(1)). Schedules must identify the day, racecourse, conductor of the meeting and indicate where special rules will apply and where the public may obtain copies of those rules (s 7(3)).

• Comply with conditions and the Act. Persons conducting race meetings must comply with the Act and any conditions set under s 6(3) or s 34(3) (s 8). Phantom meetings (holding a betting meeting without running races) are prohibited except in narrowly defined unforeseen circumstances and with Commission approval (s 9).

• Make approved rules and special rules, and make them available. Controlling bodies may adopt national rules and make local rules consistent with the national code (s 19). The Commission may approve special rules and, where special rules apply, organisers must ensure members of the public can get copies from the time of schedule publication and on the day of the meeting (s 12, s 13).

• Reporting. Racing club and harness club must give the Commission copies of reports and statements of accounts that they give to members (ss 18, 24). AROs must provide similar reports or statements to the Commission (s 37). Relevant controlling bodies must give the Minister a written report each financial year on race field information charge revenue (s 61V).

Duties on wagering operators

• Obtain approvals to use race field information. A person must apply to the relevant controlling body for approval to use race field information (s 61J). The controlling body must either issue or refuse the approval, and may issue only if satisfied the applicant is a licensed wagering operator and is suitable (s 61K(1)-(2)).

• Meet suitability criteria. The relevant controlling body must have regard to character, business reputation, financial background, associations, executive officers’ character/finances, ongoing prosecutions or disciplinary actions, and prescribed matters when assessing suitability (s 61L).

• Pay race field information charge where imposed. Approvals are subject to a race field information charge as stated in the approval or worked out in the manner prescribed (s 61M(1)). The charge is a debt owed to the relevant controlling body (s 61M(3)).

• Comply with other conditions and renew approvals. Approvals are subject to conditions prescribed by regulation and those the relevant controlling body imposes (s 61N). Renewal must satisfy the same suitability test (ss 61P-61Q).

Rights and administrative remedies

• Right to apply and be considered for approval. Applicants for ARO status and applicants for race field information approvals have statutory processes and, where approvals are refused on public interest grounds, a ministerial review mechanism is available for AROs (s 34(6)-(7)).

• Right to appeal disciplinary decisions. Persons aggrieved by decisions under approved or special rules that disqualify, suspend, fine, or prohibit entry to racecourses or training tracks can appeal to the Racing Appeals Tribunal (s 47). Filing time for appeals is 7 days from receipt of the decision unless the Tribunal allows otherwise (s 48). The Tribunal may suspend operation of the decision pending hearing (s 49).

• Procedural rights in Tribunal hearings. Appeals are generally rehearings on the original evidence, but the Tribunal may receive fresh evidence and must give parties reasonable opportunities to make submissions, give evidence and cross‑examine witnesses (s 57(1)-(3)). Tribunal decisions are final and binding (s 61).

• Access to jockey insurance. If Racing NSW acts as a specialised insurer under the applied NSW Acts, ACT jockeys have the rights and obligations set out under those applied NSW Acts; the Act specifies that applied NSW Acts give ACT jockeys the same rights and obligations that NSW jockeys would have under those Acts (s 61C(1)(a)).

Delegation and administrative discretion

• Controlling bodies may delegate their functions to members, officers or employees (ss 17, 23). The Commission may approve or revoke approvals, require schedule publication form/timing (s 7(2)), and conduct inquiries that can trigger revocation of approvals for racecourses or AROs (ss 5(3), 36).

• The Minister may appoint an administrator to a controlling body on Commission advice following an inquiry, and must inform the Legislative Assembly within a stated time (ss 20(1)-(2), 26(1)-(2)). Ministerial directions to the Commission to grant approval to an applicant are disallowable instruments (s 34(8)).

These duties and rights create a structured but discretionary regime: many operational matters are left to the Commission, the relevant controlling body or regulations (s 66), so parties must remain attentive to conditions, rules and forms set by those decision makers.

The Act establishes criminal offences, monetary penalties, and administrative enforcement tools. The enforcement architecture combines criminal sanctions, approval revocation, debts (race field information charge), and tribunal remedies.

Monetary penalty unit baseline

• The republished law records the penalty unit values at the republication date: for an offence against this law the value of a penalty unit is $160 for an individual and $810 for a corporation (see front matter of the republication). Use of those values is required to translate penalty units into dollar amounts for that date.

Selected statutory penalties and their monetary equivalents (using the stated penalty unit values)

• Conducting or participating in races for the purpose of betting outside an authorised meeting: maximum 100 penalty units (s 4). At the republication values that equals $16,000 for an individual (100 × $160) and $81,000 for a corporation (100 × $810).

• Failure to comply with conditions on conducting a race meeting: maximum 50 penalty units (s 8). That equals $8,000 for an individual and $40,500 for a corporation.

• Failure to make special rules available to the public (s 13): maximum 50 penalty units (same calculation).

• Offences relating to unauthorised use of race field information, failure to pay the race field information charge, and failure to comply with approval conditions: maximum 50 penalty units, imprisonment for 6 months or both (ss 61F-61H). For individuals that is (at republication values) up to $8,000 and/or 6 months’ imprisonment; for corporations, $40,500 (imprisonment does not apply to corporations, but s 61I attaches criminal liability to executive officers in individual form,see below).

Criminal liability of executive officers

• Section 61I creates offence exposure for executive officers where a corporation commits specified offences (these include s 4, s 8, and the race field information offences in ss 61F-61H). The elements require that the officer was reckless about commission of the offence, was in a position to influence corporate conduct, and failed to take reasonable steps to prevent it (s 61I(1)(a)-(d)). The maximum penalty is “the maximum penalty that may be imposed for the commission of the relevant offence by an individual” (s 61I(1)). The court must consider the officer’s compliance steps, including arrangements for regular professional assessments of corporate compliance and implementation of recommendations, and training for employees, agents and contractors (s 61I(2)). This provision imports a duty to implement governance and compliance processes where corporate action could breach the Act.

Administrative enforcement and remedies

• Commission inquiries and revocations. The Commission may revoke approvals for licensed racecourses and AROs following inquiries if satisfied the grounds exist (ss 5(3), 36(1)). Revocations and conditions are administrative measures that can curtail a body’s ability to host races for betting.

• Race field information charge as a debt. A race field information charge imposed as a condition on approval is a debt due to the relevant controlling body (s 61M(3)). Failure to pay is a criminal offence (s 61G) and the controlling body may appoint an agent for collection (s 61U).

• Tribunal remedies. On appeal the Racing Appeals Tribunal can affirm, vary or quash decisions, substitute or make any order the original decision‑maker could have made, remit the matter for rehearing, and make orders as to costs where just (s 60). The Tribunal may suspend operation of an appealed decision pending hearing (s 49). Tribunal decisions are final and binding (s 61).

• Bonds and public hearings. Appeals require any bond required by the Tribunal’s rules to be lodged before hearing (s 53); the Tribunal must hear in public unless good reason exists to go in private (s 54).

Formalisation of offences as legal proceedings

• Chapter 7 of the Criminal Code (Administration of justice offences) applies to Tribunal proceedings (s 44), meaning perjury and related offences apply in that forum. The Act makes it an offence to make false or misleading statements in Tribunal proceedings (see note under s 57).

Regulatory levers and discretion

• Regulations and fee determinations. The Executive and the Minister have powers to make regulations and fee determinations respectively (ss 66-67). Regulations may prescribe matters such as the way a relevant controlling body determines a race field information charge and the maximum amount that may be imposed (s 61M(2)), and may limit Tribunal jurisdiction for fines and suspensions (s 66(2)(c)). These instruments are executive/ministerial controls that affect penalties and enforcement scope.

• Civil liability protection for Tribunal members. Section 46A protects Tribunal members from civil liability for actions done honestly and without recklessness; liability instead attaches to the Territory (s 46A(1)-(2)).

Enforcement therefore uses criminal sanctions for unauthorised races and misuse of race field information, administrative revocation and conditions for approvals, financial debt mechanisms for charges, and Tribunal remedies for disputed disciplinary measures. The Act also sets governance expectations (s 61I) that can translate into criminal exposure for corporate managers if corporate compliance is lacking.

The Act explicitly integrates and interacts with several other legal instruments and bodies of law; those interactions are set out in the text and the amendment and republication material.

Inter‑jurisdictional application of NSW workers compensation Acts (jockey insurance)

• Part 5A applies parts of the NSW Workers Compensation Acts (the 1987 NSW Act and 1998 NSW Act) to the ACT for the purpose of authorising Racing NSW to act as a specialised insurer in relation to ACT jockeys (ss 61A-61C). Section 61C(4) permits regulations to prescribe necessary changes in applying those NSW Acts in the ACT, including excluding provisions or applying Territory law (s 61C(4)-(5)). Section 61C(1)(d) removes application of the Limitation Act 1985 to claims governed by the applied NSW Acts. The Minister must prepare a notifiable instrument where Racing NSW becomes, or ceases to be, a specialised insurer for ACT jockeys (s 61D).

Competition and consumer law authorisation

• The Act authorises certain agreements and conduct in relation to race field information under the Competition and Consumer Act 2010 (Cwlth) and the Competition Code (s 61X). Specifically, agreements between relevant controlling bodies, or between such bodies and corresponding bodies in other jurisdictions, relating to appointment of agents and collection of race field information charges are authorised only to the extent they would otherwise contravene the Competition and Consumer Act or Competition Code (s 61X(1)-(2)). This is a limited authorisation intended to permit cooperative collection arrangements that would otherwise raise competition law concerns.

Privacy laws and treatment of personal information

• Section 61W deals with the confidentiality of personal information where a relevant controlling body is not covered by the ACT Information Privacy Act 2014 schedule 1 (Territory privacy principles) or the Commonwealth Privacy Act 1988 schedule 1 (Australian Privacy Principles). In that case the APPs apply to the relevant controlling body as if it were an organisation (s 61W(2)), subject to certain exclusions (s 61W(3)). This provision effectively imports Commonwealth privacy obligations where Territory privacy obligations do not apply.

Administrative law and ACAT review

• Part 6 provides for reviewable decisions by the Commission as listed in Schedule 3 and confers rights to apply to the ACT Civil and Administrative Tribunal (ACAT) for review (s 64). The Act thus sits within the broader ACT administrative law architecture for reviewability and natural justice remedies (see ss 62-64 and Schedule 3 for the list of reviewable decisions).

Criminal law and tribunal procedure

• The Act treats Tribunal proceedings as legal proceedings for chapter 7 of the Criminal Code, importing criminal offences such as perjury where relevant (s 44). It also references the Legislation Act for appointment and procedural matters (see e.g. notes in ss 17, 23 and Schedule 1), and cross‑refers to the Legislation Act definitions and appointment regime (Dictionary and notes).

National rules and corresponding bodies

• The Act permits the racing club and harness club to adopt national rules (the Australian Rules of Racing) and to enter reciprocal arrangements with corresponding bodies in other jurisdictions (ss 16(1)(b)-(c), 22(1)(b)-(c)). This embeds interoperability with national rule sets and interstate recognition of registrations, licences and disqualifications.

Regulation‑making and limiting Tribunal jurisdiction

• Section 66(2)(c) expressly authorises regulations to limit the Tribunal’s jurisdiction in relation to approved or special rules by excluding appeals below specified thresholds for fines or suspensions. That interaction permits the Executive, via subordinate legislation, to affect dispute resolution pathways.

In short, the Act is designed to operate alongside: (a) Territory administrative law (Commission, ACAT); (b) Commonwealth competition and privacy law (conditional authorisation and import of APPs); (c) NSW workers compensation law (applied for jockey insurance); and (d) national racing rules and interstate regulatory cooperation, all subject to the exercise of delegated powers by the Commission, Minister and regulations.

The Act’s text includes an extensive amendment history in the endnotes. The main legislative changes and their dates, as recorded in the republication endnotes, are as follows (references are to the endnotes in this republication):

• Initial enactment and commencement: Racing Act 1999 A1999‑1 was notified 26 February 1999, with remainder commencing 2 July 2001 (endnote 3 Legislation history).

• 1999-2006: Early amendments included the Gambling and Racing Control (Consequential Provisions) Act 1999 (A1999‑47) and various Legislation (Consequential Amendments) and Statute Law Amendment Acts that adjusted definitions, moved provisions and updated machinery (endnote 3).

• 2006: Part 5A (Jockeys accident insurance) was inserted by the Racing (Jockeys Accident Insurance) Amendment Act 2006 (A2006‑7) (endnotes 3 and 4). This inserted definitions and the mechanism applying NSW workers compensation Acts in the ACT for the specialised Racing NSW insurance scheme (ss 61A-D).

• 2009: Part 5B (Use of race field information) was inserted by the Racing Amendment Act 2009 (A2009‑53) (endnote 3; amendment history 4). That established the race field information regime including definitions, offences (ss 61E-61H), and processes for approvals, charges and confidentiality (ss 61J-61W). The 2009 amendments also introduced authorisations for certain inter‑body agreements under competition law (s 61X).

• 2010-2014: Subsequent amendments addressed the Competition and Consumer Act authorisations (A2010‑54), Tribunal and appointment processes, and privacy interactions (A2014‑49). Several regulatory instruments (Racing (Race Field Information) Regulation 2010 SL2010‑3 and later amendments SL2013‑3) implemented transitional arrangements and set specific regulatory detail (endnote 3).

• 2013: The Racing Amendment Act 2013 (A2013‑1) made comprehensive amendments to Part 5B and related definitions and transitional provisions, and introduced a restructuration of the race field information regime with transitional provisions and existing‑approvals handling (endnote 4 re transitional matters).

• 2016-2018: Red tape reduction and gaming/racing legislative amendments (A2016‑18, A2016‑45) adjusted operational matters, and the Racing (Greyhounds) Amendment Act 2017 removed greyhound provisions from this Act (A2017‑43) (endnotes 3-4).

• 2022: Statute Law Amendment Act 2022 (A2022‑14) made further editorial and operational changes (endnote 3).

• 2025: Most recently, the republished law notes amendments made by Statute Law Amendment Act 2025 A2025‑29, with provisions commencing on 26 November 2025 in sch 3 pt 3.74 and sch 4 pt 4.146 (endnote 3 Legislation history and endnote 4 Amendment history). The amendment history remarks A2025‑29 in schedules and amends various sections (see endnote 4, multiple entries indicating A2025‑29 amdt 4.147).

What those changes show

• The Act has been updated to integrate interjurisdictional insurance arrangements (2006 insertion of Pt 5A), to create an authorisation and charge regime for race field information (2009, with further refinement in 2013), and to keep procedural and administrative matters current through various statute law amendment acts. The regulatory evolution in 2009-2013 concentrated on race field information: initial regulation (SL2010‑3), transitional provisions, and later structural adjustments (A2013‑1). The 2017 amendments removed greyhound club provisions from this Act and shifted that regime elsewhere (A2017‑43).

• The endnotes demonstrate that some detailed operational matters have been implemented or refined by regulation (see notes referencing Racing (Race Field Information) Regulation SL2010‑3 and SL2013‑3) and that the Act delegates substantial substantive detail to subordinate instruments (s 66, s 67).

For precise legislative tracing, the Act’s endnotes provide the full list of amending Acts and commencement dates, and the republication identifies which sections were amended or inserted by each instrument (see endnotes 3 and 4).

The Act’s republication and endnotes do not list any judicial decisions or named cases interpreting this Act. The text contains no case law citations. Therefore, there are no cases named in the source material to report.

Practitioners should note two procedural points in respect of dispute resolution under the Act that can influence litigation strategy:

• Administrative review avenues. Schedule 3 and Part 6 set out reviewable decisions of the Commission that may be reviewed by ACAT (ss 62-64, Schedule 3). For those decisions listed in Schedule 3, affected entities have a path to ACAT review in addition to remedies before the Racing Appeals Tribunal where the Tribunal has jurisdiction (see ss 47 and 62-64).

• Finality of Tribunal decisions. The Racing Appeals Tribunal’s decisions on appeals are final and binding on the entities affected (s 61). That statutory finality affects the prospects for further review within the administrative tribunal structure, although judicial review on public law grounds (e.g. jurisdictional error, procedural fairness breaches) would remain a consideration outside the Act and subject to general ACT and federal judicial review principles , note that the source does not provide case law or procedural guidance on judicial review avenues.

Because the source contains no litigation examples, practitioners should look to ACAT and general administrative law and criminal law practice for procedure and precedents when contesting decisions under this Act.

The Act contains several textually obvious implementation traps and practical twists that parties must not overlook. Each is grounded in specific provisions.

1. Criminal exposure for executive officers (s 61I). Where a corporation commits a relevant offence (including unauthorised racing or unauthorised use of race field information), an executive officer may commit an offence if reckless and if they failed to take reasonable steps to prevent the offence. The court must consider discrete governance steps (regular professional compliance assessments; implementing recommended changes; ensuring staff training). This is not mere vicarious liability: the officer must be reckless and in a position to influence conduct, but the statutory checklist sets a minimum compliance expectation that corporate managers should document and implement.

2. Race field information regime reaches broadly (s 61E). The statutory definition of “race field information” captures race identifiers, horse and rider names and numbers, trainer names, and race outcomes (s 61E). Licensed wagering operators using any such information in the ACT or elsewhere must have approval from the relevant controlling body (s 61F). Offshore use by licensed operators is still captured if the operator uses the information “in the ACT or elsewhere” (s 61F(a)). This means approvals and payment obligations can travel with the operator’s business, not just local use.

3. The race field information charge is a statutory debt and criminal non‑payment offence (s 61M(3) and s 61G). If an approval is conditional on payment, failure to pay is both a debt and a criminal offence; the relevant controlling body may appoint an agent to collect (s 61U). Regulators may prescribe calculation methodology and maximum amounts by regulation (s 61M(2)). Operators should scrutinise approvals for how charges are stated or calculated.

4. Tribunal jurisdiction subject to regulation (s 66(2)(c)). Regulations may limit the Tribunal’s jurisdiction by excluding appeals below a specified fine amount or shorter suspensions. That means that an appealable disciplinary decision under the Act may nevertheless be insulated from Tribunal review if regulations are made. Parties should check current regulations before assuming appeal rights.

5. Rules by controlling bodies are not subordinate laws (ss 19(3), 25(3)). The Act expressly states that rules made or adopted by the racing and harness clubs are not subordinate laws under the Legislation Act (s 19(3), s 25(3)). That has governance implications: those rules are not subject to the same parliamentary disallowance procedures as subordinate legislation, and may instead rely on the administrative oversight routes set out by the Commission and the Tribunal.

6. Ministerial power to appoint an administrator and to direct approvals (ss 20, 26, 34(7)-(8)). The Minister may, on Commission advice following an inquiry, suspend directors and appoint an administrator for a controlling body (ss 20(1), 26(1)). The Minister may also direct the Commission to grant ARO approval on review, and such directions are disallowable instruments (s 34(7)-(8)). These are powerful executive levers that can interrupt internal governance of controlling bodies.

7. Confusing drafting in jockey insurance part (s 61C). Section 61C contains overlapping statements: it says an ACT jockey has the same rights and obligations under the applied NSW Acts (including common law damages) as a NSW jockey (s 61C(1)(a)(i)), but also says “except as provided in paragraph (1)(a)(i), an ACT jockey is not entitled to recover damages for an injury” (s 61C(1)(c)). The literal effect in the statute is that rights and obligations in relation to common law damages are those available under the applied NSW Acts; outside those applied Acts the Act denies a damages entitlement (s 61C(1)(c)). Practitioners must read s 61C as a whole and track how regulations may modify application of the NSW Acts (s 61C(4)).

8. Penalty unit variability and different corporate/individual values. The Act’s front matter sets different penalty unit amounts for individuals and corporations ($160 and $810 respectively as of the republication date). That produces sizable discrepancies in monetary exposure depending on whether a contravener is an individual or a corporation , e.g. 100 penalty units is $16,000 for an individual and $81,000 for a corporation (s 4 and front matter). Parties should not assume a single monetary value for penalty units.

9. Bonds and procedural requirements for appeals (s 53). Appeals to the Tribunal are subject to any bond required under the Tribunal’s rules. The Tribunal can refuse to hear an appeal unless the bond is lodged; refunds are discretionary (s 53). Parties appealing decisions must review Tribunal rules and account for bond requirements and possible cost orders (s 60(2)).

10. Race meeting publication and special rules availability (ss 7(3), 13). Schedules must specify where members of the public may obtain copies of special rules before the day of the meeting (s 7(3)(d)(iii)); and special rules must be available from schedule publication and on the day of the meeting at the racecourse (s 13). Failure to make rules available is an offence (s 13). Operators sometimes overlook these advance availability obligations.

Each of these “gotchas” arises from the Act’s text and the way it allocates discretion and duties. They are practical compliance risks that can produce criminal, financial or administrative consequences.

Compliance under the Act requires attention to approvals, record‑keeping, publication and governance processes. Below are concrete steps and checklists tied to the statutory provisions.

For race organisers, controlling bodies and AROs

1. Check authorisation before conducting races (s 4). Do not conduct or allow races for betting unless the meeting is an authorised race meeting (s 4(1)-(2)). Confirm the meeting is listed in a schedule published under s 7; if holding races on a licensed racecourse, ensure racecourse approval exists (s 5).

2. Publish schedules correctly and in the Commission’s required form (s 7). Schedules must specify day, racecourse, the conductor, and where special rules apply and can be obtained (s 7(3)). Comply with Commission requirements about timing and form of publication if directed (s 7(2)).

3. Ensure public availability of special rules (s 13). Where special rules will apply, make copies available from the time of schedule publication at the address specified and on the day at the racecourse. Treat compliance with s 13 as a statutory obligation with a maximum penalty of 50 penalty units.

4. Comply with conditions attached to approvals (s 8). If the Commission or a controlling body imposes conditions on approval of meetings (s 6(3), s 34(3)), implement and document compliance processes. Make sure staff and contractors know the conditions and how to comply.

5. Prepare for Commission inquiries and potential administrator appointment (ss 5(3), 20, 26). Keep transparent accounting and governance records and respond promptly to Commission information requests. If a Commission inquiry is ongoing, be aware of the Minister’s power to appoint an administrator on advice (ss 20(1), 26(1)).

6. Provide reports and accounts. Racing club, harness club and AROs must give the Commission copies of reports and statements of accounts they give to members (ss 18, 24, 37).

For licensed wagering operators

1. Seek approval to use race field information before using it (ss 61J-61K). Make an application in the way and time required by the relevant controlling body and provide all required information (s 61J). The relevant controlling body must either issue or refuse the approval (s 61K(1)). Do not commence use until approval is issued.

2. Prepare a suitability pack (s 61L). The controlling body will assess character, business reputation, financial position, associations with other entities, executive officers’ reputation/finances, and ongoing prosecutions or disciplinary actions. Provide verifiable documentation for each point and any prescribed matters.

3. Review approval conditions carefully (ss 61M-61N). If the approval includes a race field information charge, it will be stated in the approval or worked out in the way described in it (s 61M(1)). Treat any charge as a debt (s 61M(3)) and ensure timely payment to avoid the criminal offence in s 61G. Also ensure compliance with any other conditions set under s 61N.

4. Plan for renewals and revocations (ss 61P-61R). Apply to renew approvals in the time and manner required (s 61P). Keep suitability factors current and implement compliance measures because revocation grounds include failure to comply with conditions or ceasing to be a licensed wagering operator (s 61R).

5. Governance and compliance documentation for executive officers (s 61I). To mitigate risk under s 61I, establish and document: regular professional assessments of compliance; implementation plans for assessment recommendations; training records for employees, agents and contractors on compliance obligations; and incident response steps when risk of non‑compliance becomes apparent.

6. Treat private and offshore use as caught by the Act where applicable (s 61F). The offence in s 61F applies to using race field information “in the ACT or elsewhere” in the conduct of the operator’s wagering business. If your business model includes remote or offshore operations, seek and maintain the relevant approvals.

For participants (riders, trainers, owners)

1. Confirm race and meeting authorisation before participating (s 4). Participation in races conducted for betting outside authorised meetings is an offence; ensure the event is an authorised race meeting listed in a published schedule.

2. Review applicable approved rules and special rules in advance of participation (ss 10-14). Approved rules apply to registered/licensed persons and animals. Where special rules apply to particular races at a meeting, obtain copies before the meeting as required by s 13.

For jockeys covered by the Racing NSW insurance scheme

1. Understand the applied NSW Acts and the effect of s 61C. If Racing NSW is a specialised insurer under the NSW Acts (s 61B), ACT jockeys will have rights and obligations under those applied NSW Acts (s 61C(1)(a)). Obtain written confirmation of insurance status and permitted remedies; watch ministerial notices prepared under s 61D for changes.

For all entities

1. Check Tribunal and ACAT procedural requirements. If you anticipate needing to appeal a disciplinary decision, note Tribunal filing time (7 days, s 48), bond requirements (s 53 and Tribunal rules), and the possibility of suspension of the decision pending hearing (s 49). For reviewable Commission decisions listed in Schedule 3, ACAT review is available (ss 62-64).

2. Monitor subordinate legislation. The Act delegates important details to regulations and Minister/Commission determinations (ss 66-67, s 61M(2)). Regularly review current regulations and disallowable instruments for changes such as race field information charge formulae and Tribunal jurisdiction limits (s 66(2)(c)).

3. Privacy and data handling (s 61W). If you are a relevant controlling body not already subject to the Territory TPPs or Commonwealth APPs, the APPs apply as if you were an organisation. Ensure data handling, storage and disclosure protocols match the APPs.

4. Maintain transparent records for Commission inquiries and ministerial notices (ss 5(3), 20(2), 61D). Keep financial and operational records that show compliance with approvals, conditions and reporting obligations to reduce risk in inquiries and administrative review.

In short, operational compliance is driven by approvals, publication and availability of rules, payment and record‑keeping for race field information charges, robust corporate governance to mitigate executive liability, and monitoring of subordinate instruments (regulations and determination notices) that flesh out the Act’s framework.