Racing Act 1999

Part 1 Preliminary 1 Name of Act This Act is the Racing Act 1999. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘licensed racecourse—see section 5.’ means that the term ‘licensed racecourse’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Control of races for the purpose of betting Part 2 Race meetings Division 2.1 Section 4 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Control of races for the purpose of betting Division 2.1 Race meetings 4 Restriction on races for the purpose of betting (1) A person must not conduct a race for the purpose of betting, except at an authorised race meeting. Maximum penalty: 100 penalty units. (2) A person must not participate in a race conducted for the purpose of betting, except at an authorised race meeting, as— (a) rider or driver of an animal; or (b) trainer; or (c) owner; or (d) in a capacity prescribed by regulation. Maximum penalty: 100 penalty units. (3) It is a defence to a charge for an offence against subsection (2) that the person did not know, and had no reason to suppose, that the race was being conducted for the purpose of betting. 5 Licensed racecourses (1) A racecourse is a licensed racecourse in relation to a controlling body or an ARO if approved as such by the commission on an application by the body or ARO. (2) A racecourse that was nominated by the ARO under section 34 (1) (c) (ii) is approved as a licensed racecourse in relation to the ARO.

Part 2 Control of races for the purpose of betting Division 2.1 Race meetings Section 6 page 4 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The commission may revoke approval of a licensed racecourse in relation to a controlling body or an ARO— (a) at the request of the controlling body or ARO concerned; or (b) after determining by an inquiry that the approval should be revoked. 6 Approval of betting at certain race meetings (1) The commission may approve race meetings for the purposes of betting, in accordance with this section. (2) A controlling body may propose for approval by the commission a race meeting for the purpose of betting that is to be held at a licensed racecourse of the body by another person. (3) In proposing such a race meeting, the controlling body may attach such conditions as it thinks appropriate.

7 Schedules of race meetings (1) A controlling body or an ARO must publish from time to time a schedule of race meetings to be held by the body or ARO. (2) The commission may require schedules to be published at times and in a form approved by the commission. (3) A schedule must specify for each authorised race meeting— (a) the day when it is to be held; and (b) the racecourse where it is to be held; and (c) the person or body who will conduct the meeting; and (d) where any race at the race meeting will be subject to special rules as to racing or betting— (i) the rules under which the race will be held; and

Control of races for the purpose of betting Part 2 Race meetings Division 2.1 Section 8 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the rules under which any betting on the race will be conducted; and (iii) an address where members of the public may obtain copies of the rules before the day of the race meeting.

8 Race meetings to be conducted in compliance with conditions A person conducting a race meeting must comply with this Act and with any conditions set under section 6 (3) or section 34 (3). Maximum penalty: 50 penalty units.

9 Phantom meetings A person must not conduct a race meeting for the purpose of betting without running races at the meeting, other than with the approval in writing of the commission, unless— (a) the meeting is an authorised race meeting; and (b) races were scheduled to be run at the meeting and nominations called for; and (c) sufficient nominations were received for races to be run at the meeting; and (d) the races were cancelled only because of unforeseen circumstances; and (e) those circumstances did not permit the cancellation to be made more than 2 business days before the meeting.

Part 2 Control of races for the purpose of betting Division 2.2 Approved rules Section 10 page 6 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Division 2.2 Approved rules

10 Application of approved rules of a controlling body The approved rules of a controlling body apply in relation to— (a) a person (an affected person) registered with or licensed by— (i) the controlling body; or (ii) where the registration or licence is of a kind recognised by the controlling body for the purposes of the rules—a corresponding body that deals with racing of the same kind; and (b) an animal registered with or licensed by a body referred to in paragraph (a) (i) or (ii); and (c) a person who was formerly an affected person— (i) whose registration or licence is under suspension; or (ii) so far as the rules relate to the dealings of the person with an affected person—whose registration or licence is cancelled; and (d) subject to any approval by the commission of special rules—a race meeting conducted by the controlling body; and (e) any premises owned or occupied by the controlling body.

11 Application of approved rules of an ARO The approved rules of an ARO apply in relation to— (a) a person registered with or licensed by the ARO (an affected person); and (b) an animal registered with or licensed by the ARO; and (c) a person who was formerly an affected person— (i) whose registration or licence is under suspension; or

Control of races for the purpose of betting Part 2 Approved rules Division 2.2 Section 12 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) so far as the rules relate to the dealings of the person with an affected person—whose registration or licence is cancelled; and (d) subject to any approval by the commission of special rules—any authorised race meeting conducted by the ARO; and (e) any premises owned or occupied by the ARO. 12 Approval of special rules for race meetings The commission may approve, on the application of a controlling body or an ARO, rules other than the approved rules for a race meeting, or for some races at a race meeting. 13 Special rules to be made available before a race meeting A person conducting a race meeting at which special rules will apply must ensure that any member of the public is able to obtain a copy of the rules— (a) from the time of publication of the relevant schedule under section 7—at the address specified in the schedule; and (b) on the day of the meeting—at the racecourse. Maximum penalty: 50 penalty units.

14 Application of special rules (1) Special rules apply in relation to— (a) the races or race meeting in relation to which they were approved; and (b) a person or animal participating in a race in relation to which they were approved. (2) For this section, where special rules are approved in relation to a race meeting, they are approved in relation to each race at that meeting.

Part 3 Controlling bodies Division 3.1 Controlling body for thoroughbred racing Section 15 page 8 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Controlling bodies Division 3.1 Controlling body for thoroughbred racing

15 Racing club is the controlling body for thoroughbred racing (1) The Canberra Racing Club Incorporated (the racing club), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to thoroughbred racing for this Act. (2) The racing club must not amend its constitution without giving the commission 14 days notice in writing. (3) The constitution of the racing club must be consistent with this Act and must give it the necessary capacity to fulfil its functions under this Act. 16 Functions of the racing club (1) The functions of the racing club are— (a) to conduct thoroughbred race meetings and thoroughbred races within the Territory; and (b) to participate in the national body coordinating thoroughbred racing in Australia; and (c) to make or adopt rules to govern the conduct of thoroughbred racing and betting conducted at race meetings; and (d) to prepare and implement plans and strategies for the management of the financial affairs of the thoroughbred racing code and for the development, promotion and marketing of the code; and

Controlling bodies Part 3 Controlling body for thoroughbred racing Division 3.1 Section 17 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) to approve race meetings to be conducted by other people, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and (f) to advise and inform the Minister as the Minister requires. (2) The racing club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body in relation to— (a) the registration of animals; or (b) the endorsement and recognition of disqualifications, licences, permits and defaulters; or (c) any other matter relating to the administration and control of racing. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). 17 Delegation by racing club The racing club may delegate its functions under this Act to a member, officer or employee of the racing club. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. 18 Racing club—reports and accounts The racing club must give the commission a copy of each report and statement of accounts that it gives to its members.

Part 3 Controlling bodies Division 3.1 Controlling body for thoroughbred racing Section 19 page 10 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Rules of thoroughbred racing (1) The racing club may adopt the Australian Rules of Racing (as adopted by Racing Australia Limited and in force from time to time). (2) Subject to this Act, the racing club may make local rules in accordance with the Australian Rules of Racing. (3) Rules made or adopted by the racing club under this section are not subordinate laws under the Legislation Act.

20 Racing club—appointment of administrator (1) The Minister may, if advised to do so by the commission following an inquiry, suspend the appointments of the directors of the racing club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution. Note For the making of appointments, see the Legislation Act, pt 19.3. (2) If the Minister acts under subsection (1), the Minister must ensure that, not later than 7 sitting days after the day the Minister takes the action— (a) the Legislative Assembly is told of the action; and (b) a copy of the commission’s advice is presented to the Assembly. (3) To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1). (4) The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under this section.

Controlling bodies Part 3 Controlling body for harness racing Division 3.2 Section 21 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2 Controlling body for harness racing

21 Harness club is the controlling body for harness racing (1) The Canberra Harness Racing Club Inc. (the harness club), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to harness racing for this Act. (2) The harness club must not amend its constitution without giving the commission 14 days notice in writing. (3) The constitution of the harness club must be consistent with this Act and must give it the necessary capacity to fulfil its functions under this Act. 22 Functions of the harness club (1) The functions of the harness club are— (a) to conduct harness race meetings and harness races within the Territory; and (b) to participate in the national body coordinating harness racing in Australia; and (c) to make or adopt rules to govern the conduct of harness racing and betting conducted at race meetings; and (d) to prepare and implement plans and strategies for the management of the financial affairs of the harness racing code and for the development, promotion and marketing of the code; and (e) to approve race meetings to be conducted by other people, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and (f) to advise and inform the Minister as the Minister requires.

Part 3 Controlling bodies

Division 3.2 Controlling body for harness racing Section 23 page 12 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The harness club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body in relation to— (a) the registration of animals; or (b) the endorsement and recognition of disqualifications, licences, permits and defaulters; or (c) any other matter relating to the administration and control of racing. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). 23 Delegation by harness club The harness club may delegate its functions under this Act to a member, officer or employee of the harness club. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. 24 Harness club—reports and accounts The harness club must give the commission a copy of each report and statement of accounts that it gives to its members.

25 Rules of harness racing (1) Subject to this Act, the harness club may make rules for— (a) the regulation, control and promotion of the sport of harness racing; and (b) the conduct of harness race meetings and harness races within the Territory; and (c) betting conducted at harness race meetings.

Controlling bodies Part 3 Controlling body for harness racing Division 3.2 Section 26 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The harness club may make rules consistent with those made by corresponding bodies in Australia in relation to harness racing. (3) Rules made by the harness club under this section are not subordinate laws under the Legislation Act.

26 Harness club—appointment of administrator (1) The Minister may, if advised to do so by the commission following an inquiry, suspend the appointments of the directors of the harness club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution. Note For the making of appointments, see the Legislation Act, pt 19.3. (2) Where the Minister acts under this section, the Minister must ensure that— (a) the Legislative Assembly is informed of the action; and (b) a copy of the advice of the commission is presented to the Assembly; within 7 sitting days after the action. (3) To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1). (4) The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under this section.

Part 4 Approved racing organisations Section 33 page 14 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Approved racing organisations

33 Approved racing organisations (1) The commission may approve, in accordance with this part, a racing organisation to be an approved racing organisation (an ARO). (2) An ARO may conduct race meetings consisting of races of the kinds specified in its instrument of approval for the purposes of betting. (3) The commission must not approve an ARO to conduct race meetings that include thoroughbred races.

34 Applications (1) An applicant for approval to be an ARO must— (a) be a body corporate; and (b) have the capacity— (i) to conduct and control race meetings for the purpose of betting; and (ii) ensure that races conducted by it will be conducted honestly and free from criminal influence; and (c) provide to the commission— (i) a copy of the rules under which it proposes to conduct race meetings (including a specification of the kinds of races); and (ii) the particulars of the racecourse or racecourses where it proposes to conduct race meetings; and (iii) such other information as the commission requires for the purpose of evaluating the application.

Approved racing organisations Part 4 Section 35 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If the commission is satisfied that— (a) the applicant satisfies subsection (1) (a) and (b); and (b) the rules referred to in subsection (1) (c) (i) are satisfactory; the commission must approve an application unless it has determined by an inquiry that it would be against the public interest to do so. (3) An approval may be subject to such conditions as the commission thinks appropriate. (4) An approval under this section includes an approval of the rules referred to in subsection (1) (c) (i). (5) If the commission refuses an application, it must give the reasons for the decision in writing. (6) An applicant who is refused approval under subsection (3) on the ground that the commission is satisfied that it would be against the public interest may apply to the Minister for a review of the decision. (7) The Minister, on reviewing the decision, may direct the commission to grant approval to the applicant. (8) A direction by the Minister under subsection (7)— (a) is a disallowable instrument; and (b) takes effect, unless disallowed, at the end of the period during which it is disallowable.

35 Variation of conditions or approved rules (1) The commission may, on its own initiative or on the application of an ARO, add to or vary any conditions of approval under section 34 (3). (2) The commission may, on the application of an ARO, approve a change to the rules approved under section 34 (4).

Part 4 Approved racing organisations Section 36 page 16 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) In considering whether to act under this section, the commission must satisfy itself as to the matters referred to in section 34 (2), and may require the ARO to provide such information as it requires for that purpose.

36 Revocation of approval of AROs (1) If the commission is satisfied, following an inquiry, that an ARO no longer satisfies section 34 (1) (a) or (b), or has contravened a provision of this Act, it may revoke the organisation’s approval. (2) If the commission is satisfied that it is no longer in the public interest that an ARO be approved, it may direct the commission to revoke the organisation’s approval. (3) A direction by the commission under subsection (2)— (a) is a disallowable instrument; and (b) takes effect, unless disallowed, at the end of the period during which it is disallowable.

37 AROs must provide reports An ARO must provide the commission with a copy of each report or statement of accounts of the organisation provided to members or shareholders of the organisation.

The Racing Appeals Tribunal Part 5 The tribunal Division 5.1 Section 38 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 The Racing Appeals Tribunal Division 5.1 The tribunal

38 Establishment The Racing Appeals Tribunal is established.

39 Functions The functions of the tribunal are— (a) to hear and determine appeals; and (b) to exercise the functions given to the tribunal by this Act or another Act.

40 Membership (1) The tribunal must consist of— (a) a president; and (b) a deputy president; and (c) 4 other members. (2) The appointment and conditions of office of members of the tribunal must be in accordance with schedule 1.

41 Constitution for appeals (1) For the purpose of hearing an appeal, the tribunal must be constituted, subject to subsection (2), by 3 members, of which 1 must be the president or deputy president. (2) If the president is satisfied that an appeal for hearing is of a sufficiently minor nature, the tribunal must be constituted as determined by the president.

Part 5 The Racing Appeals Tribunal Division 5.1 The tribunal Section 42 page 18 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The tribunal, separately constituted under this section, may sit simultaneously to determine separate matters.

42 Assessors (1) The tribunal may have assessors. (2) The president may direct that the tribunal, in hearing an appeal, must be assisted by 1 or more assessors. (3) An assessor assisting the tribunal may assist and advise the tribunal on any matter before it, but must not adjudicate on any matter. (4) The appointment and conditions of office of assessors must be in accordance with schedule 2.

43 Powers in relation to witnesses etc (1) The president, the deputy president or the registrar, may, by written notice given to a person, require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following: (a) to give evidence; (b) to produce a stated document or other thing relevant to the hearing. (2) The member presiding at a hearing of the tribunal may require a witness appearing before the tribunal to give evidence to do 1 or more of the following: (a) to take an oath; (b) to answer a question relevant to the hearing;

The Racing Appeals Tribunal Part 5 The tribunal Division 5.1 Section 44 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) to produce a stated document or other thing relevant to the hearing. Note 1 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1). Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (3) The tribunal may inspect or make copies of any document or other thing produced before the tribunal and keep it for the reasonable period it considers appropriate. 44 Application of Criminal Code, ch 7 An appeal before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences). Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

45 Rules of the tribunal (1) The tribunal may make rules (the rules of the tribunal ) for the procedure of the tribunal. (2) A rule made under this section is a disallowable instrument.

46 Registrar of tribunal The chief executive officer must appoint a public servant as the registrar of the tribunal. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Part 5 The Racing Appeals Tribunal Division 5.2 Hearing of appeals Section 46A page 20 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

46A Protection from liability for tribunal members (1) A tribunal member is not civilly liable for anything done or omitted to be done honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a function under this Act. (2) Any liability that would, apart from this section, attach to a tribunal member attaches instead to the Territory. Division 5.2 Hearing of appeals

47 Jurisdiction (1) The tribunal has jurisdiction to hear and determine an appeal from a person aggrieved by a decision of a controlling body, an ARO or another person conducting a race meeting if— (a) the decision was made, or purported to be made, under the relevant approved rules or special rules; and (b) the decision— (i) disqualified or suspended a person or animal from participating in events governed by those rules in any particular capacity; or (ii) imposed a fine. (2) The tribunal has jurisdiction to hear and determine an appeal from a person aggrieved by a decision of a controlling body or an ARO that requires a person not to enter a racecourse or training track.

The Racing Appeals Tribunal Part 5 Hearing of appeals Division 5.2 Section 48 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

48 Appeals—filing An appeal mentioned in section 47 must be filed with the registrar not later than— (a) 7 days after the day the appellant is told of the decision from which the appeal is made; or (b) if the tribunal allows the appeal to be filed by a later time—that time.

49 Suspension of decision pending hearing of the appeal The president or the deputy president of the tribunal may, if satisfied that it is appropriate to do so, order that the operation of the decision appealed against be suspended until the tribunal determines otherwise.

50 Parties The parties to an appeal are— (a) the appellant; and (b) the controlling body, ARO or other person whose decision is being appealed against; and (c) any other person who satisfies the tribunal that the person is directly affected by or interested in the subject matter of the appeal.

51 Notice of hearing (1) The tribunal must give a party to an appeal reasonable notice of the time and place at which it intends to hear the appeal. (2) If a party fails to appear at a hearing, in person or by a representative, the tribunal may hear the appeal in that party’s absence.

Part 5 The Racing Appeals Tribunal Division 5.2 Hearing of appeals Section 52 page 22 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

52 Representation A party to an appeal may be represented— (a) by a lawyer; or (b) with the leave of the tribunal, by some other representative.

53 Bond (1) An appeal must not be heard by the tribunal unless the appellant has first lodged with the registrar any bond required under the rules of the tribunal . (2) A bond paid by an appellant must not be refunded unless— (a) the tribunal allows the appeal in whole or in part; or (b) the appellant satisfies the tribunal that the appeal was genuinely instituted on reasonable grounds and not for the purpose of delaying the operation of the decision or order under appeal.

54 Hearings to be in public An appeal to the tribunal must be heard in public unless the tribunal, for good reason, determines otherwise.

55 Adjournments The tribunal may at any time adjourn the hearing of an appeal as it considers appropriate.

56 Record of proceedings The tribunal must keep a record of its proceedings.

The Racing Appeals Tribunal Part 5 Hearing of appeals Division 5.2 Section 57 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

57 Evidence (1) Except as otherwise determined by the tribunal, an appeal must be conducted by way of rehearing on the evidence at the original hearing, but the tribunal may receive fresh evidence given orally or, if the tribunal so determines, in writing. Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). (2) The tribunal may inform itself in any way it considers appropriate. (3) The tribunal must give each party to an appeal a reasonable opportunity to make submissions to the tribunal, to give evidence and to call, examine or cross-examine witnesses.

58 Procedure for decision by the tribunal (1) A decision by the tribunal must be made by a majority of the members present, with the senior member having a casting vote where there is no majority. (2) For this section, the president must determine the order of seniority of members of the tribunal.

59 Principles on which decisions made (1) The tribunal must act according to equity and good conscience and the substantial merits of the case without regard to technicalities and legal forms. (2) The tribunal is not bound by the rules of evidence and may inform itself on any matter as it considers appropriate.

Part 5 The Racing Appeals Tribunal

Division 5.2 Hearing of appeals Section 60 page 24 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

60 Orders etc that may be made by the tribunal (1) The tribunal may, on the hearing of an appeal— (a) affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, any decision or order that could have been made by the original decision-maker; (b) remit the subject matter of the appeal to the person or body that made the decision for further hearing or consideration; or (c) subject to subsection (2), make any other order that the case requires. (2) The tribunal may make an order as to costs if it considers that it would be unjust for each party to bear its own costs.

61 Decisions of tribunal final and binding A decision of the tribunal on an appeal is final and binding on the entities affected.

Jockeys accident insurance Part 5A Section 61A R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5A Jockeys accident insurance

61A Definitions—pt 5A In this part: 1987 NSW Act means the Workers Compensation Act 1987 (NSW). 1998 NSW Act means the Workplace Injury Management and Workers Compensation Act 1998 (NSW). ACT jockey means a jockey, apprentice jockey or other person who is— (a) licensed by Racing NSW as an approved rider; and (b) engaged— (i) to ride a horse for fee or reward at a meeting for horse racing conducted or held by the racing club; or (ii) in riding work in connection with horse racing (but not harness racing) on the racecourse or other premises of the racing club. applied NSW Acts means the NSW Acts applied under section 61B. injury has the same meaning as in the applied NSW Acts. NSW Acts means the 1987 NSW Act and the 1998 NSW Act, including the special insurance scheme for NSW jockeys under those Acts. Note A reference to a law (including a law of another jurisdiction) includes a reference to— • the law as originally made and as amended (see Legislation Act, s 102); and • the statutory instruments made or in force under the law (see Legislation Act, s 104).

Part 5A Jockeys accident insurance Section 61B page 26 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au NSW jockey means a jockey, apprentice jockey or other person who is— (a) licensed by Racing NSW as an approved rider; and (b) taken to be a worker under the NSW Acts because of the 1998 NSW Act, schedule 1, clause 9 (1) (a) or (c). Note The 1998 NSW Act, schedule 1, clause 9 (1) (a) and (c) applies respectively to a person who is— engaged to ride a horse for fee or reward at a meeting for horse racing conducted or held by a racing club or association; or engaged in riding work in connection with horse racing (but not harness racing) on the racecourse or other premises of a racing club or association. Racing NSW—see the Thoroughbred Racing Act 1996 (NSW), section 3 (Definitions). special insurance scheme, for NSW jockeys, means the scheme under which Racing NSW provides accident insurance as a specialised insurer for NSW jockeys under the NSW Acts.

61B Accident insurance arrangements—authorisation (1) This section applies if Racing NSW is a specialised insurer under the NSW Acts in relation to NSW jockeys. (2) Racing NSW is authorised to provide accident insurance in relation to ACT jockeys. (3) The authorisation under subsection (2) is for Racing NSW to act as a specialised insurer in the ACT— (a) in the same way that it acts as a specialised insurer in NSW under the NSW Acts in relation to NSW jockeys; and (b) as if the racing club were a racing club under those Acts.

Jockeys accident insurance Part 5A Section 61C R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Without limiting subsections (2) and (3), the NSW Acts apply in the ACT for those subsections, with any necessary change and any change prescribed by regulation. (5) In particular, a regulation made for subsection (4) may include changes for either or both of the following: (a) excluding a provision of the applied NSW Acts; (b) applying a territory law in relation to the operation of the applied NSW Acts, including by giving jurisdiction or functions to territory courts or entities.

61C Accident insurance arrangements—operation (1) To remove any doubt— (a) under the applied NSW Acts— (i) an ACT jockey has the same rights and obligations (including rights and obligations in relation to common law damages) in relation to an injury suffered as an ACT jockey that a NSW jockey would have under the NSW Acts in relation to an injury suffered as a NSW jockey; and (ii) the racing club and Racing NSW have the same rights and obligations (including rights and obligations in relation to common law damages) in relation to an injury suffered as an ACT jockey that they would have under the NSW Acts in relation to an injury suffered as a NSW jockey; and (b) the applied NSW Acts do not create any right (whether substantive or procedural) in relation to an injury suffered as an ACT jockey that a NSW jockey would not have under the NSW Acts in relation to an injury suffered as a NSW jockey; and (c) except as provided in paragraph (1) (a) (i), an ACT jockey is not entitled to recover damages for an injury suffered as an ACT jockey; and

Part 5A Jockeys accident insurance Section 61D page 28 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) the Limitation Act 1985 does not apply to any claim for compensation or damages by an ACT jockey that is governed by the applied NSW Acts. (2) Subsection (1) (a) and (b) has effect subject to any regulation made for this part, including a regulation made for— (a) excluding a provision of the applied NSW Acts; or (b) applying a territory law in relation to the operation of the applied NSW Acts, including by giving jurisdiction or functions to territory courts or entities.

61D Notices relating to accident insurance arrangements (1) The Minister must prepare a notice if— (a) Racing NSW becomes a specialised insurer in relation to ACT jockeys because of the grant of a licence under the 1987 NSW Act; or (b) a licence mentioned in paragraph (a)— (i) is suspended or cancelled; or (ii) expires. (2) The notice must state the following: (a) for the grant of a licence—its duration; (b) for the suspension of a licence—the period of suspension; (c) for the cancellation or expiry of a licence—when the cancellation or expiry happened. (3) A notice under this section is a notifiable instrument.

Use of race field information Part 5B Limits on use of race field information Division 5B.1 Section 61E R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5B Use of race field information Division 5B.1 Limits on use of race field information

61E Definitions—pt 5B In this part: betting exchange— (a) means a facility that allows a person— (i) to place or accept, through the operator of the facility, a wager with another person; or (ii) to place with the operator of the facility a wager that is matched with an opposing wager placed with the operator of the facility; but (b) does not include a facility that allows a person to place a wager only with a person who conducts bookmaking or a totalisator. licensed wagering operator means a wagering operator holding a licence or other authority to conduct a wagering business— (a) under a law of the Territory, a State or an external territory; or (b) issued by a controlling body, a corresponding body, or a racing authority of the Territory, a State or an external territory. Note State includes the Northern Territory—see the Legislation Act, dict, pt 1. race field information means information in relation to an authorised race meeting in the ACT that identifies, or is capable of identifying, any of the following: (a) the name, number or time of a race; (b) the name or number of a horse nominated for, or otherwise taking part in, a race;

Part 5B Use of race field information Division 5B.1 Limits on use of race field information Section 61E page 30 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the name or number of a horse scratched or otherwise withdrawn from a race; (d) the name or number of a rider of a horse nominated for, or otherwise taking part in, a race; (e) the name or number of a trainer of a horse nominated for, or otherwise taking part in, a race; (f) the outcome of a race. race field information charge—see section 61M (1). racing authority, of the Territory, a State or an external territory, means an entity that controls, supervises or regulates racing in the ACT, State or external territory. relevant controlling body means— (a) for a thoroughbred race—the racing club; and (b) for a harness race—the harness club; and (c) for a race of a kind stated in an instrument of approval under section 33 (Approved racing organisations)—the ARO to which the instrument relates. wagering operator means— (a) a bookmaker; or (b) a person who conducts a betting exchange; or (c) a person who conducts a totalisator; or (d) a person who otherwise conducts a wagering business; or (e) a person who acts as an agent for a person mentioned in paragraph (a), (b), (c) or (d).

Use of race field information Part 5B Limits on use of race field information Division 5B.1 Section 61F R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

61F Offence—use of race field information without approval A licensed wagering operator commits an offence if— (a) the operator uses race field information, in the ACT or elsewhere, for the conduct of the operator’s wagering business; and (b) the operator does not have approval to use race field information. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

61G Offence—failing to pay race field information charge A licensed wagering operator commits an offence if— (a) the operator has approval to use race field information in a financial year; and (b) it is a condition of the approval that the operator pay a race field information charge; and (c) the operator has not paid the race field information charge as required under this Act. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

61H Offence—failing to comply with condition on approval A licensed wagering operator commits an offence if— (a) the operator has approval to use race field information; and (b) the operator does not comply with a condition on the approval imposed under section 61N. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Part 5B Use of race field information Division 5B.1 Limits on use of race field information Section 61I page 32 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

61I Criminal liability of executive officers (1) An executive officer of a corporation commits an offence if— (a) the corporation commits a relevant offence; and (b) the officer was reckless about whether the relevant offence would be committed; and (c) the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and (d) the officer failed to take reasonable steps to prevent the commission of the relevant offence. Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual. (2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the commission of the relevant offence, a court must consider the following: (a) any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission): (i) that the corporation arranges regular professional assessments of the corporation’s compliance with the provision to which the relevant offence relates; (ii) that the corporation implements any appropriate recommendation arising from such an assessment; (iii) that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates; (b) any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed.

Use of race field information Part 5B Limits on use of race field information Division 5B.1 Section 61I R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Subsection (2) does not limit the matters the court may consider. (4) Subsection (1) does not apply if the corporation would have a defence to a prosecution for the relevant offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). (5) This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence. (6) In this section: executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management. relevant offence means an offence against any of the following: (a) section 4 (Restriction on races for the purpose of betting); (b) section 8 (Race meetings to be conducted in compliance with conditions); (c) section 61F (Offence—use of race field information without approval); (d) section 61G (Offence—failing to pay race field information charge); (e) section 61H (Offence—failing to comply with condition on approval).

Part 5B Use of race field information Division 5B.2 Approval and conditions Section 61J page 34 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 5B.2 Approval and conditions

61J Application for approval to use race field information (1) A person may apply to the relevant controlling body for approval to use race field information. (2) An application for approval must be— (a) made in the way and in the time required by the relevant controlling body; and (b) accompanied by any information— (i) required by the relevant controlling body; or (ii) prescribed by regulation.

61K Issue of approval (1) If a person applies for approval under section 61J the relevant controlling body must— (a) issue the approval; or (b) refuse to issue the approval. (2) The relevant controlling body must not issue the approval unless— (a) satisfied that the applicant is— (i) a licensed wagering operator; and (ii) a suitable person to hold an approval having regard to the matters mentioned in section 61L; and

Use of race field information Part 5B Approval and conditions Division 5B.2 Section 61L R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the relevant controlling body has considered or disregarded any matter prescribed by regulation. Note 1 An approval is subject to certain conditions and may be subject to other conditions imposed by the relevant controlling body (see s 61M and s 61N). Note 2 In issuing an approval, and imposing conditions on the approval, a relevant controlling body is subject to the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 69 (Trade and commerce to be free).

61L Suitable person (1) In deciding whether an applicant is a suitable person to hold an approval the relevant controlling body must have regard to the following matters: (a) the applicant’s character or business reputation; (b) the applicant’s current financial position and financial background; (c) if the applicant has a business association with another entity— (i) the other entity’s character or business reputation; and (ii) the other entity’s current financial position and financial background; (d) if the applicant is a corporation— (i) the character or business reputation of the corporation’s executive officers; and (ii) the current financial position and financial background of the corporation’s executive officers; (e) whether a prosecution or disciplinary action is proceeding under racing, gaming or wagering legislation or rules of racing or betting (whether in the Territory or elsewhere) against— (i) the applicant; or

Part 5B Use of race field information Division 5B.2 Approval and conditions Section 61M page 36 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) an employee of the applicant; or (iii) an entity with which the applicant has a business association; (f) a matter prescribed by regulation. (2) In deciding whether an applicant is a suitable person to hold an approval the relevant controlling body may have regard to any other relevant matter. (3) In this section: executive officer, of a corporation, means anyone, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.

61M Condition on approval—race field information charge (1) An approval issued under section 61K, or a renewal issued under section 61Q, is subject to a condition that the licensed wagering operator pay the amount (if any) (a race field information charge)— (a) stated in the approval or other written notice given to the licensed wagering operator by the relevant controlling body; or (b) worked out in the way stated in the approval or other written notice given to the licensed wagering operator by the relevant controlling body. (2) A regulation may prescribe requirements in relation to the way a relevant controlling body determines a race field information charge, including the maximum amount of the charge that may be imposed on a licensed wagering operator. (3) A race field information charge is a debt due by a licensed wagering operator to the relevant controlling body.

Use of race field information Part 5B Approval and conditions Division 5B.2 Section 61N R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

61N Other conditions of approval An approval issued under section 61K, or a renewal issued under section 61Q— (a) is subject to the conditions prescribed by regulation; and (b) may be subject to any other condition imposed by the relevant controlling body.

61O Form of approval An approval to use race field information must include the following: (a) the name and business address of the licensed wagering operator; (b) the date of issue of the approval; (c) the end date of the approval; (d) any condition imposed on the approval under section 61N; (e) an identifying number for the approval.

61P Renewal of approval (1) A licensed wagering operator may apply to the relevant controlling body to renew an approval to use race field information— (a) before the approval term ends; or (b) if the relevant controlling body extends the time for an application to renew—before the end of the extended time. (2) To remove any doubt, if the relevant controlling body extends the time under subsection (1) (b), the approval continues until the end of the extended time. (3) An application for renewal of an approval must be— (a) made in the way and in the time required by the relevant controlling body; and

Part 5B Use of race field information Division 5B.2 Approval and conditions Section 61Q page 38 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) accompanied by any information— (i) required by the relevant controlling body; or (ii) prescribed by regulation.

61Q Issue of renewed approval (1) If a licensed wagering operator applies under section 61P to renew an approval, the relevant controlling body must— (a) renew the approval; or (b) refuse to renew the approval. (2) The relevant controlling body must not renew the approval unless— (a) satisfied that the applicant is— (i) a licensed wagering operator; and (ii) a suitable person to hold an approval having regard to the matters mentioned in section 61L; and (b) the relevant controlling body has considered or disregarded any matter prescribed by regulation. Note A renewal is subject to certain conditions and may be subject to other conditions imposed by the relevant controlling body (see s 61M and s 61N).

61R Revocation of approval The relevant controlling body may revoke the approval of a licensed wagering operator if the operator— (a) fails to comply with a condition on the approval; or (b) stops being a suitable person to hold an approval having regard to the matters mentioned in section 61L; or (c) stops being a licensed wagering operator; or (d) contravenes a provision of this part.

Use of race field information Part 5B Other matters Division 5B.3 Section 61U R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 5B.3 Other matters

61U Relevant controlling body may appoint agent A relevant controlling body may appoint another relevant controlling body as its agent for— (a) the collection of a charge payable under this part; and (b) any other matter provided for in this part.

61V Relevant controlling bodies must give report on race field information charge revenue (1) A relevant controlling body must, for each financial year, give the Minister a written report on— (a) the total amount of race field information charges paid to the relevant controlling body in the financial year; and (b) an estimate of the race field information charges that the relevant controlling body expects will be paid to the body in the following financial year; and (c) any other matter prescribed by regulation. (2) A regulation may prescribe requirements for a report under subsection (1), including when the report must be given to the Minister.

61W Confidentiality of personal information (1) This section applies to a relevant controlling body if neither of the following applies to the body: (a) the Information Privacy Act 2014, schedule 1 (Territory privacy principles) (the TPPs); (b) the Privacy Act 1988 (Cwlth), schedule 1 (Australian Privacy Principles) (the APPs).

Part 5B Use of race field information

Division 5B.3 Other matters Section 61X page 40 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The APPs, as in force from time to time, apply to the relevant controlling body as if— (a) the body were an organisation; and (b) any other necessary changes were made to apply the APPs to the body. (3) The Legislation Act, section 47 (6) does not apply in relation to the APPs. Note The APPs do not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The APPs are accessible at www.legislation.gov.au.

61X Authorisations for Competition and Consumer Act and Competition Code (1) The following things are authorised for the Competition and Consumer Act 2010 (Cwlth) and the Competition Code: (a) an agreement entered into between— (i) 2 or more relevant controlling bodies in relation to the appointment of an agent (an appointed agent), or the collection by an agent of a charge payable under this part; or (ii) 1 or more relevant controlling bodies and any corresponding body of another State or external territory in relation to the appointment of an agent (an appointed agent), or the collection by an agent of a charge payable under this part for the use of race field information; (b) the conduct of a relevant controlling body or an appointed agent in negotiating and entering into the agreement; (c) the conduct of a relevant controlling body or an appointed agent in performing the agreement.

Use of race field information Part 5B Other matters Division 5B.3 Section 61X R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) Anything authorised under subsection (1) is authorised only to the extent to which it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code. (3) In this section: agreement includes a contract, arrangement or understanding. Competition Code—see the Competition Policy Reform Act 1996, dictionary.

Part 6 Notification and review of decisions Section 62 page 42 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Part 6 Notification and review of decisions 62 Meaning of reviewable decision—pt 6 In this part: reviewable decision means a decision of the commission mentioned in schedule 3, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

63 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 3, column 4 in relation to the decision. Note The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

64 Applications for review The following people may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 3, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Miscellaneous Part 7 Section 66 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Part 7 Miscellaneous

66 Regulation-making power (1) The Executive may make regulations for this Act. (2) The regulations may— (a) specify the manner in which a controlling body is to fulfil its functions under this Act; (b) provide in relation to the operations and functions of the tribunal; and (c) limit the jurisdiction of the tribunal in relation to any of the approved or special rules by excluding appeals in relation to— (i) fines of less than an amount specified; or (ii) suspensions shorter than a length of time specified.

67 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument.

Schedule 1 Members of the tribunal Section 1.1 page 44 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Members of the tribunal (see s 40) 1.1 Tribunal members—appointment (1) Members of the tribunal are to be appointed by the Minister. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (2) The president and deputy president must be lawyers of not less than 5 years standing. (3) A person is not eligible to be a member of the tribunal if the person is— (a) an officer or employee of a controlling body; (b) registered with or licensed by a controlling body under the approved rules (otherwise than as the owner of a horse that is so registered or licensed); or (c) registered with or licensed by a corresponding body (otherwise than as the owner of a horse that is so registered or licensed), if the registration or licence is of a kind recognised by a controlling body for the approved rules. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). (4) A regulation may prescribe other eligibility requirements for subsection (3).

Members of the tribunal Schedule 1 Section 1.3 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1.3 Tribunal members—term A member of the tribunal must be appointed for a term not longer than 3 years. 1.4 Tribunal members—ending of appointment (1) The Minister must end the appointment of a member of the tribunal if the member— (a) ceases to be eligible for membership in the relevant capacity; or (b) becomes bankrupt or personally insolvent; or Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (c) fails to disclose an interest as required by section 1.7. (2) The Minister may end the appointment of a member of the tribunal for misbehaviour or physical or mental incapacity. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210). 1.6 Tribunal members—leave of absence The Minister may grant a member of the tribunal leave of absence on the terms and conditions about remuneration and otherwise that the Minister decides. 1.7 Tribunal members—disclosure of interests (1) This section applies if a member has or acquires an interest that could conflict with the member’s proper exercise of their functions as a member of the tribunal as constituted for a hearing. (2) A member must tell the president when it becomes apparent that this section applies in relation to the member.

Schedule 1 Members of the tribunal Section 1.7 page 46 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) As far as is reasonably possible, the tribunal must be constituted or reconstituted for the hearing so that the member concerned is not involved. (4) If circumstances require the member to be, or remain, on the tribunal as constituted for the hearing— (a) the member must disclose the interest to the parties; and (b) the member must not take part in the hearing, or exercise any powers in relation to it, except with the consent of all the parties.

Assessors of the tribunal Schedule 2 Section 2.1 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 2 Assessors of the tribunal (see s 42) 2.1 Assessors—appointment Assessors are to be appointed by the Minister from among people who the Minister is satisfied have special knowledge of or experience in the racing industry. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). 2.2 Assessors—term An assessor must be appointed for a term not longer than 3 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). 2.3 Assessors—ending of appointments (1) The Minister must end the appointment of an assessor if the assessor fails to disclose an interest as required by section 2.5. (2) The Minister may end the appointment of an assessor for misbehaviour or physical or mental incapacity. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

Schedule 2 Assessors of the tribunal Section 2.5 page 48 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2.5 Assessors—disclosure of interests An assessor— (a) must tell the president if it becomes apparent that the assessor has or has acquired an interest that could conflict with the assessor’s proper exercise of their functions as assessor of the tribunal in a hearing; and (b) must not take part in the hearing.

Reviewable decisions Schedule 3 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Schedule 3 Reviewable decisions (see pt 6) column 1 item column 2 section column 3 decision column 4 entity 1 6 (1) refuse to approve race meeting for purpose of betting applicant for approval 2 7 (2) impose requirement about time and form of publication of schedules controlling body or ARO 3 9 refuse to approve conduct of phantom race meeting applicant for approval 4 12 refuse to approve rules other than approved rules applicant for approval 5 61K (1) (b) refuse to issue approval applicant for approval 6 61N (b) issue approval on condition applicant for approval 7 61N (b) renew approval on condition licensed wagering operator 8 61Q (1) (b) refuse to renew approval licensed wagering operator 9 61R revoke approval the person whose approval was revoked

Dictionary page 50 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • entity • external territory • gambling and racing commission • GST • Legislative Assembly • Minister (see s 162) • penalty unit (see s 133) • reviewable decision notice • sitting day • State.

1987 NSW Act, for part 5A (Jockeys accident insurance)—see section 61A.

1998 NSW Act, for part 5A (Jockeys accident insurance)—see section 61A. ACT jockey, for part 5A (Jockeys accident insurance)—see section 61A. applied NSW Acts, for part 5A (Jockeys accident insurance)—see section 61A. approved rules means— (a) in relation to the racing club—the rules of thoroughbred racing; and (b) in relation to the harness club—the rules of harness racing; and (c) in relation to an ARO—the rules approved under section 34 (4) in relation to the ARO, or as later varied under section 35 (2).

Dictionary R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au ARO means an approved racing organisation approved under section 33. authorised race meeting means a race meeting— (a) conducted by a controlling body or an ARO in accordance with this Act; or (b) approved by the commission under section 6; and listed in a schedule published in accordance with section 7. betting exchange, for part 5B (Use of race field information)—see section 61E. chief executive officer means the chief executive officer of the gambling and racing commission. commission means the Gambling and Racing Commission established by the Gambling and Racing Control Act 1999. controlling body means— (a) the racing club; or (b) the harness club. corresponding body means a body in another jurisdiction, within or outside Australia, that performs functions similar to those of a controlling body. deputy president means the deputy president of the tribunal referred to in section 40. director, in relation to a controlling body, means a person occupying or acting in the position of a director of the body, by whatever name called. harness club means the Canberra Harness Racing Club Inc. referred to in section 21. injury, for part 5A (Jockeys accident insurance)—see section 61A.

Dictionary page 52 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au inquiry, in relation to the commission, means an inquiry conducted by the commission in accordance with the Gambling and Racing Control Act 1999. licensed racecourse—see section 5. licensed wagering operator, for part 5B (Use of race field information)—see section 61E. NSW Acts, for part 5A (Jockeys accident insurance)—see section 61A. NSW jockey, for part 5A (Jockeys accident insurance)—see section 61A. president means the president of the tribunal referred to in section 40. race means— (a) a thoroughbred race; or (b) a harness race; or (c) a race of a kind prescribed by regulation. race field information, for part 5B (Use of race field information)— see section 61E. race field information charge, for part 5B (Use of race field information)—see section 61M (1). race meeting means an event at which races are conducted. racing authority, for part 5B (Use of race field information)—see section 61E. racing club means the Canberra Racing Club Incorporated mentioned in section 15. Racing NSW, for part 5A (Jockeys accident insurance)—see the Thoroughbred Racing Act 1996 (NSW), section 3. registrar means the registrar of the tribunal appointed under section 46.

Dictionary R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 53 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au relevant controlling body, for part 5B (Use of race field information)—see section 61E. reviewable decision, for part 6 (Notification and review of decisions)—see section 62. rules of harness racing means the rules made under section 25. rules of the tribunal means the rules of procedure made under section 45. rules of thoroughbred racing means the rules made or adopted under section 19. special insurance scheme, for NSW jockeys, for part 5A (Jockeys accident insurance)—see section 61A. special rules means rules of racing or betting approved under section 12. tribunal means the Racing Appeals Tribunal established under part 5. wagering operator, for part 5B (Use of race field information)—see section 61E.

Endnotes 1 About the endnotes page 54 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 55 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Racing Act 1999 A1999-1 notified 26 February 1999 (Gaz 1999 No S7) s 1, s 2 commenced 26 February 1999 (s 2 (1)) remainder commenced 2 July 2001 (s 2 (2), Gaz 2001 No S42 and IA s 10C) as amended by Gambling and Racing Control (Consequential Provisions) Act 1999 A1999-47 sch notified 17 September 1999 (Gaz 1999 No S54) s 1, s 2 commenced 17 September 1999 (s 2 (1)) sch commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 319 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 319 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.21 notified LR 5 December 2003 s 1, s 2 commenced 5 December 2003 (LA s 75 (1)) sch 3 pt 3.21 commenced 19 December 2003 (s 2) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.29 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.29 commenced 13 April 2004 (s 2 and CN2004-5) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.26 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.26 commenced 23 November 2005 (s 2)

Endnotes 3 Legislation history page 56 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Racing (Jockeys Accident Insurance) Amendment Act 2006 A2006-7 notified LR 16 March 2006 s 1, s 2 commenced 16 March 2006 (LA s 75 (1)) remainder commenced 17 March 2006 (s 2) Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.19 notified LR 26 October 2006 s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2)) sch 3 pt 3.19 commenced 16 November 2006 (s 2 (1)) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.86 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.86 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.62 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.62 commenced 22 September 2009 (s 2) Racing Amendment Act 2009 A2009-53 notified LR 15 December 2009 s 1, s 2 commenced 15 December 2009 (La s 75 (1)) remainder commenced 1 March 2010 (s 2) Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010-54 sch 3 pt 3.20 notified LR 16 December 2010 s 1, s 2 commenced 16 December 2010 (LA s 75 (1)) sch 3 pt 3.20 commenced 1 January 2011 (s 2 (1)) Statute Law Amendment Act 2011 A2011-3 sch 1 pt 1.5 notified LR 22 February 2011 s 1, s 2 commenced 22 February 2011 (LA s 75 (1)) sch 1 pt 1.5 commenced 1 March 2011 (s 2)

Endnotes Legislation history 3 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 57 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.129 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.129 commenced 1 July 2011 (s 2 (1)) Racing Amendment Act 2013 A2013-1 notified LR 20 February 2013 s 1, s 2 commenced 20 February 2013 (LA s 75 (1)) remainder commenced 1 March 2013 (s 2 and CN2013-1) Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.7 notified LR 21 February 2013 s 1, s 2 commenced 21 February 2013 (LA s 75 (1)) sch 1 pt 1.7 commenced 22 February 2013 (s 2) as modified by Racing (Race Field Information) Regulation 2010 SL2010-3 s 20, sch 1 (as am by SL2013-3 s 4, s 5) notified LR 25 January 2010 s 1, s 2 commenced 25 January 2010 remainder commenced 1 March 2010 (s 2 and see Racing Amendment Act 2009 A2009-53 s 2) Racing (Race Field Information) Amendment Regulation 2013 (No 1) SL2013-3 notified LR 28 February 2013 s 1, s 2 commenced 28 February 2013 remainder commenced 1 March 2013 (s 2 and see Racing Amendment Act 2013 A2013-1, s 2 and CN2013-1) Note This regulation only amends the Racing (Race Field Information) Regulation 2010 SL2010-3. Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014-49 sch 1 pt 1.13 notified LR 10 November 2014 s 1, s 2 commenced 10 November 2014 (LA s 75 (1)) sch 1 pt 1.13 commenced 17 November 2014 (s 2)

Endnotes

3 Legislation history page 58 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Red Tape Reduction Legislation Amendment Act 2016 A2016-18 sch 3 pt 3.38 notified LR 13 April 2016 s 1, s 2 commenced 13 April 2016 (LA s 75 (1)) sch 3 pt 3.38 commenced 27 April 2016 (s 2) Gaming and Racing (Red Tape Reduction) Legislation Amendment Act 2016 A2016-45 pt 6 notified LR 19 August 2016 s 1, s 2 commenced 19 August 2016 (LA s 75 (1)) pt 6 commenced 1 September 2016 (s 2 (1)) Racing (Greyhounds) Amendment Act 2017 A2017-43 pt 2 notified LR 5 December 2017 s 1, s 2 commenced 5 December 2017 (LA s 75 (1)) pt 2 commenced 30 April 2018 (s 2) Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.35 notified LR 10 August 2022 s 1, s 2 commenced 10 August 2022 (LA s 75 (1)) sch 3 pt 3.35 commenced 24 August 2022 (s 2) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.74, sch 4 pt 4.146 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.74, sch 4 pt 4.146 commenced 26 November 2025 (s 2 (3), (9))

Endnotes Amendment history 4 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 59 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Long title long title am A2017-43 s 4 Name of Act s 1 sub A2003-56 amdt 3.179 Dictionary s 2 om A2001-44 amdt 1.3513 ins A2003-56 amdt 3.181 Notes s 3 defs reloc to dict A2003-56 amdt 3.180 def penalty unit om A2001-44 amdt 1.3514 sub A2003-56 amdt 3.181 Licensed racecourses s 5 am A1999-47 sch; A2003-56 amdt 3.182; ss renum R2 LA (see A2003-56 amdt 3.183) Approval of betting at certain race meetings s 6 am A1999-47 sch Schedules of race meetings s 7 am A1999-47 sch Phantom meetings s 9 am A1999-47 sch Application of approved rules of a controlling body s 10 am A1999-47 sch Application of approved rules of an ARO s 11 am A1999-47 sch Approval of special rules for race meetings s 12 am A1999-47 sch Racing club is the controlling body for thoroughbred racing s 15 am A1999-47 sch; A2017-43 s 5 Functions of the racing club s 16 am A2003-56 amdt 3.184; A2006-42 amdt 3.175; A2022-14 amdt 3.196 Delegation by racing club s 17 sub A2003-56 amdt 3.185 Racing club—reports and accounts s 18 hdg sub A2006-42 amdt 3.153 s 18 am A1999-47 sch

Endnotes 4 Amendment history page 60 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Rules of thoroughbred racing s 19 am A2001-44 amdt 1.3515; A2016-45 s 68 Racing club—appointment of administrator s 20 hdg sub A2006-42 amdt 3.154 s 20 am A1999-47 sch; A2006-42 amdt 3.155, amdt 3.156, amdt 3.174; A2008-37 amdt 1.409; A2009-20 amdt 3.169 Harness club is the controlling body for harness racing s 21 am A1999-47 sch Functions of the harness club s 22 am A2003-56 amdt 3.186; A2006-42 amdt 3.175; A2022-14 amdt 3.196 Delegation by harness club s 23 sub A2003-56 amdt 3.187 Harness club—reports and accounts s 24 hdg sub A2006-42 amdt 3.157 s 24 am A1999-47 sch Rules of harness racing s 25 am A2001-44 amdt 1.3516 Harness club—appointment of administrator s 26 hdg sub A2006-42 amdt 3.158 s 26 am A1999-47 sch; A2006-42 amdt 3.159, amdt 3.160, amdt 3.174; A2008-37 amdt 1.410; A2022-14 amdt 3.196 Controlling body for greyhound racing div 3.3 hdg om A2017-43 s 6 Greyhound club is the controlling body for greyhound racing s 27 am A1999-47 sch om A2017-43 s 6 Functions of the greyhound club s 28 am A2003-56 amdt 3.188; A2006-42 amdt 3.175 om A2017-43 s 6 Delegation by greyhound club s 29 sub A2003-56 amdt 3.189 om A2017-43 s 6 Greyhound club—reports and accounts s 30 hdg sub A2006-42 amdt 3.161 s 30 am A1999-47 sch om A2017-43 s 6 Rules of greyhound racing s 31 am A2001-44 amdt 1.3517 om A2017-43 s 6

Endnotes Amendment history 4 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 61 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Greyhound club—appointment of administrator s 32 hdg sub A2006-42 amdt 3.162 s 32 am A1999-47 sch; A2006-42 amdt 3.163, amdt 3.164, amdt 3.174; A2008-37 amdt 1.411 om A2017-43 s 6 Approved racing organisations s 33 am A1999-47 sch Applications s 34 am A1999-47 sch am A2001-44 amdt 1.3518, amdt 1.3519; A2025-29 amdt 4.147 Variation of conditions or approved rules s 35 am A1999-47 sch Revocation of approval of AROs s 36 am A1999-47 sch am A2001-44 amdt 1.3520, amdt 1.3521; A2025-29 amdt 4.147 AROs must provide reports s 37 am A1999-47 sch Functions s 39 am A2003-56 amdt 3.190 Powers in relation to witnesses etc s 43 am A2003-56 amdt 3.191 sub A2005-53 amdt 1.131 Application of Criminal Code, ch 7 s 44 sub A2005-53 amdt 1.131 Rules of the Tribunal s 45 am A2001-44 amdt 1.3512; A2025-29 amdt 4.147 Registrar of tribunal s 46 sub A2006-42 amdt 3.165 (2)-(4) exp 16 November 2007 (s 46 (4) (LA s 88 declaration applies)) am A2011-22 amdt 1.371 Protection from liability for tribunal members s 46A ins A2006-42 amdt 3.166 Appeals—filing s 48 sub A2009-20 amdt 3.170 Representation s 52 am A2003-56 amdt 3.192

Endnotes 4 Amendment history page 62 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Evidence s 57 am A2016-18 amdt 3.177, amdt 3.178 Jockeys accident insurance pt 5A hdg ins A2006-7 s 4 Decisions of the tribunal final and binding s 61 am A2006-42 amdt 3.167 Definitions—pt 5A s 61A ins A2006-7 s 4 def 1987 NSW Act ins A2006-7 s 4 def 1998 NSW Act ins A2006-7 s 4 def ACT jockey ins A2006-7 s 4 def applied NSW Acts ins A2006-7 s 4 def injury ins A2006-7 s 4 def NSW Acts ins A2006-7 s 4 def NSW jockey ins A2006-7 s 4 def Racing NSW ins A2006-7 s 4 def special insurance scheme ins A2006-7 s 4 Accident insurance arrangements—authorisation s 61B ins A2006-7 s 4 Accident insurance arrangements—operation s 61C ins A2006-7 s 4 Notices relating to accident insurance arrangements s 61D ins A2006-7 s 4 am A2025-29 amdt 4.147 Use of race field information pt 5B hdg ins A2009-53 s 4 Limits on use of race field information div 5B.1 hdg ins A2009-53 s 4 Definitions—pt 5B s 61E ins A2006-7 s 4 exp 17 March 2009 (s 61E (2) (LA s 88 declaration applies)) ins A2009-53 s 4 def assessable turnover ins A2009-53 s 4 om A2013-1 s 4 def bet back ins A2009-53 s 4 om A2013-1 s 4 def bets held on races conducted in the ACT ins A2009-53 s 4 om A2013-1 s 4 def bets paid ins A2009-53 s 4 om A2013-1 s 4 def betting exchange ins A2009-53 s 4

Endnotes Amendment history 4 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 63 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def licensed wagering operator ins A2009-53 s 4 def race field information ins A2009-53 s 4 am A2017-43 s 7 def race field information charge ins A2013-1 s 5 def racing authority ins A2009-53 s 4 def relevant controlling body ins A2013-1 s 5 am A2017-43 s 8 def relevant net revenue ins A2009-53 s 4 om A2013-1 s 6 def wagering operator ins A2009-53 s 4 Offence—use of race field information without approval s 61F ins A2009-53 s 4 Offence—failing to pay race field information charge s 61G ins A2009-53 s 4 am A2013-1 s 7 Offence—failing to comply with condition on approval s 61H ins A2009-53 s 4 am A2013-1 s 8 Criminal liability of executive officers s 61I ins A2009-53 s 4 sub A2013-4 amdt 1.8 am A2025-29 amdt 3.251 Approval and conditions div 5B.2 hdg ins A2009-53 s 4 Application for approval to use race field information s 61J ins A2009-53 s 4 sub A2013-1 s 9 Issue of approval s 61K ins A2009-53 s 4 am A2013-1 s 10, s 11 Suitable person s 61L ins A2009-53 s 4 am A2013-1 ss 12-14 Condition on approval—race field information charge s 61M ins A2009-53 s 4 sub A2013-1 s 15 Other conditions of approval s 61N ins A2009-53 s 4 am A2013-1 s 16 Form of approval s 61O ins A2009-53 s 4

Endnotes 4 Amendment history page 64 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Renewal of approval s 61P ins A2009-53 s 4 sub A2013-1 s 17 Issue of renewed approval s 61Q ins A2009-53 s 4 am A2013-1 s 18, s 19 Revocation of approval s 61R ins A2009-53 s 4 am A2013-1 s 20 Other matters div 5B.3 hdg ins A2009-53 s 4 sub A2013-1 s 21 Liability to pay race field information charge s 61S ins A2009-53 s 4 om A2013-1 s 22 Setting a race field information charge s 61T ins A2009-53 s 4 om A2013-1 s 22 Relevant controlling body may appoint agent s 61U ins A2009-53 s 4 sub A2013-1 s 23 Relevant controlling bodies must give report on race field information charge revenue s 61V ins A2009-53 s 4 sub A2013-1 s 24 Confidentiality of personal information s 61W ins A2009-53 s 4 sub A2013-1 s 25 am A2014-49 amdt 1.29, amdt 1.30; A2022-14 amdt 3.197 Authorisations for Competition and Consumer Act and Competition Code s 61X hdg am A2010-54 amdt 3.48 s 61X ins A2009-53 s 4 am A2010-54 amdt 3.49; A2013-1 s 26, s 27 Notification and review of decisions pt 6 hdg sub A2008-37 amdt 1.412 Meaning of reviewable decision—pt 6 s 62 sub A2003-56 amdt 3.193; A2006-42 amdt 3.168; A2008-37 amdt 1.412

Endnotes Amendment history 4 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 65 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Reviewable decision notices s 63 sub A2006-42 amdt 3.169; A2008-37 amdt 1.412 am A2025-29 amdt 4.147 Applications for review s 64 om A2004-9 amdt 1.39 ins A2008-37 amdt 1.412 am A2025-29 amdt 4.147 Fees s 65 om A2001-44 amdt 1.3523 Miscellaneous pt 7 hdg sub A2008-37 amdt 1.412 Regulation-making power s 66 hdg sub A2001-44 amdt 1.3524 s 66 am A2001-44 amdt 1.3525; A2025-29 amdt 4.147 Determination of fees s 67 om A2006-42 amdt 3.170 ins A2009-53 s 5 am A2025-29 amdt 4.147 Repeal s 68 om R1 (IA s 43 (3)) Consequential amendments of other Acts s 69 om R1 (IA s 43 (3)) Transitional—Racing Amendment Act 2013 pt 10 hdg ins A2013-1 s 28 exp 1 March 2014 (s 105) Definitions—pt 10 s 100 ins A2013-1 s 28 exp 1 March 2014 (s 105) def commencement day ins A2013-1 s 28 exp 1 March 2014 (s 105) def existing approval holder ins as mod SL2010-3 mod 1.1 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4) def existing race field information fund ins as mod SL2010-3 mod 1.1 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4) def pre-amendment part 5B ins A2013-1 s 28 exp 1 March 2014 (s 105)

Endnotes 4 Amendment history page 66 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def pre-amendment period ins as mod SL2010-3 mod 1.1 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4) def pre-amendment regulation ins as mod SL2010-3 mod 1.1 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4) def post-amendment part 5B ins A2013-1 s 28 exp 1 March 2014 (s 105) def transitional period ins as mod SL2010-3 mod 1.1 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4) Existing approvals etc to use race field information s 101 ins A2013-1 s 28 exp 1 March 2014 (s 105) Existing approval holders must continue to give monthly returns to commission s 101A ins as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4) Certain existing approval holders must continue to pay old monthly charge for the pre-amendment period s 101B ins as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4) Certain existing approval holders must pay new monthly charge in transitional period s 101C ins as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4) Certain existing approval holders must pay pre-amendment and new race field information charge s 101D ins as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4) Commission must refund charge if existing approval holder does not meet threshold s 101E ins as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4)

Endnotes Amendment history 4 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 67 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Existing race field information fund s 101F ins as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4) Commission to act as relevant controlling bodies’ agent s 102 ins A2013-1 s 28 mod SL2010-3 mods 1.3-1.7 (as ins by SL2013–3 s 5) mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4) s 102 exp 1 March 2014 (s 105 and see SL2010-3 mod 1.7 as ins by SL2013–3 s 5) Permitted disclosure of information to relevant controlling bodies s 103 ins A2013-1 s 28 exp 1 March 2014 (s 105) Transitional regulations s 104 ins A2013-1 s 28 exp 1 March 2014 (s 105) Expiry—pt 10 s 105 ins A2013-1 s 28 exp 1 March 2014 (s 105) Transitional—Racing (Greyhounds) Amendment Act 2017 pt 11 hdg ins A2017-43 s 9 exp 30 April 2020 (s 111) Transitional regulations s 110 ins A2017-43 s 9 exp 30 April 2020 (s 111) Expiry—pt 11 s 111 ins A2017-43 s 9 exp 30 April 2020 (s 111) Members of the tribunal sch 1 ss renum R4 LA Tribunal members—appointment sch 1 s 1 1 hdg sub R6 LA sch 1 s 1.1 am A2003-56 amdts 3.194-3.196; A2017-43 s 10, s 11 Acting appointments sch 1 s 1.2 am A2003-56 amdt 3.197 om A2006-42 amdt 3.171 Tribunal members—term sch 1 s 1.3 hdg sub R6 LA sch 1 s 1.3 sub A2003-56 amdt 3.198

Endnotes 4 Amendment history page 68 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Tribunal members—ending of appointment sch 1 s 1.4 hdg am R6 LA sch 1 s 1.4 sub A2003-56 amdt 3.198 am A2006-42 amdt 3.172; A2011-3 amdt 1.9 Remuneration and allowances sch 1 s 1.5 om A2003-56 amdt 3.198 Tribunal members—leave of absence sch 1 s 1.6 hdg am R6 LA Tribunal members—disclosure of interests sch 1 s 1.7 hdg am R6 LA sch 1 s 1.7 am A2022-14 amdt 3.198 Assessors of the tribunal sch 2 ss renum R4 LA Assessors—appointment sch 2 s 2.1 hdg sub R6 LA sch 2 s 2.1 am A2003-56 amdt 3.199; A2006-42 amdt 3.175 Assessors—term sch 2 s 2.2 hdg sub R6 LA sch 2 s 2.2 sub A2003-56 amdt 3.200 Assessors—ending of appointments sch 2 s 2.3 hdg am R6 LA sch 2 s 2.3 sub A2003-56 amdt 3.200 Remuneration and allowances sch 2 s 2.4 om A2003-56 amdt 3.200 Assessors—disclosure of interests sch 2 s 2.5 hdg am R6 LA sch 2 s 2.5 am A2022-14 amdt 3.198 Reviewable decisions sch 3 om R1 (IA s 43 (3)) ins A2008-37 amdt 1.413 am A2009-53 s 6 Dictionary dict ins A2003-56 amdt 3.201 am A2006-42 amdt 3.173; A2007-38 amdt 1.414; A2009-53 s 7; A2011-22 amdt 1.372 def 1987 NSW Act ins A2009-20 amdt 3.171 def 1998 NSW Act ins A2009-20 amdt 3.171 def ACT jockey ins A2009-20 amdt 3.171 def applied NSW Acts A2009-20 amdt 3.171 def approved rules reloc from s 3 A2003-56 amdt 3.180 am A2017-43 s 12; pars renum R21 LA

Endnotes Amendment history 4 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 69 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def ARO reloc from s 3 A2003-56 amdt 3.180 def assessable turnover ins A2009-53 s 8 om A2013-1 s 29 def authorised race meeting am A1999-47 sch reloc from s 3 A2003-56 amdt 3.180 def bet back ins A2009-53 s 8 om A2013-1 s 29 def bets held on races conducted in the ACT ins A2009-53 s 8 om A2013-1 s 29 def bets paid ins A2009-53 s 8 om A2013-1 s 29 def betting exchange ins A2009-53 s 8 def chief executive ins A1999-47 sch reloc from s 3 A2003-56 amdt 3.180 om A2011-22 amdt 1.373 def chief executive officer ins A2011-22 amdt 1.373 def commission ins A1999-47 sch reloc from s 3 A2003-56 amdt 3.180 def controlling body reloc from s 3 A2003-56 amdt 3.180 am A2013-1 s 30; A2017-43 s 13 def corresponding body reloc from s 3 A2003-56 amdt 3.180 def deputy president reloc from s 3 A2003-56 amdt 3.180 def director reloc from s 3 A2003-56 amdt 3.180 def greyhound club reloc from s 3 A2003-56 amdt 3.180 om A2017-43 s 14 def harness club reloc from s 3 A2003-56 amdt 3.180 def injury ins A2009-20 amdt 3.171 def inquiry ins A1999-47 sch reloc from s 3 A2003-56 amdt 3.180 def licensed racecourse reloc from s 3 A2003-56 amdt 3.180 def licensed wagering operator ins A2009-53 s 8 def NSW Acts ins A2009-20 amdt 3.171 def NSW jockey ins A2009-20 amdt 3.171 def president reloc from s 3 A2003-56 amdt 3.180 def race reloc from s 3 A2003-56 amdt 3.180 am A2017-43 s 15; pars renum R21 LA def race field information ins A2009-53 s 8 def race field information charge ins A2009-53 s 8 sub A2013-1 s 31 def race meeting reloc from s 3 A2003-56 amdt 3.180 def racing authority ins A2009-53 s 8 def racing club reloc from s 3 A2003-56 amdt 3.180 sub A2017-43 s 16 def Racing NSW ins A2009-20 amdt 3.171 def registrar reloc from s 3 A2003-56 amdt 3.180 def relevant controlling body ins A2013-1 s 32

Endnotes

4 Amendment history page 70 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def relevant net revenue ins A2009-53 s 8 om A2013-1 s 33 def reviewable decision ins A2008-37 amdt 1.415 def rules of greyhound racing reloc from s 3 A2003-56 amdt 3.180 om A2017-43 s 17 def rules of harness racing reloc from s 3 A2003-56 amdt 3.180 def rules of the tribunal reloc from s 3 A2003-56 amdt 3.180 def rules of thoroughbred racing reloc from s 3 A2003-56 amdt 3.180 def special insurance scheme ins A2009-20 amdt 3.171 def special rules reloc from s 3 A2003-56 amdt 3.180 def tribunal reloc from s 3 A2003-56 amdt 3.180 def wagering operator ins A2009-53 s 8

Endnotes Earlier republications 5 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 71 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R0A 10 Jan 2008 2 July 2001– 11 Sept 2001 A1999-47 amendments by A1999-47 R1 12 Sept 2001

12 Sept 2001– 18 Dec 2003 A2001-44 amendments by A2001-44 R2 19 Dec 2003

19 Dec 2003– 12 Apr 2004 A2003-56 amendments by A2003-56 R3 13 Apr 2004

13 Apr 2004– 22 Nov 2005 A2004-9 amendments by A2004-9 R4 23 Nov 2005

23 Nov 2005– 16 Mar 2006 A2005-53 amendments by A2005-53 R5 17 Mar 2006 17 Mar 2006– 15 Nov 2006 A2006-7 amendments by A2006-7 R6 16 Nov 2006

16 Nov 2006– 16 Nov 2007 A2006-42 amendments by A2006-42 R7 17 Nov 2007 17 Nov 2007– 1 Feb 2009 A2006-42 commenced expiry R8 2 Feb 2009 2 Feb 2009– 17 Mar 2009 A2008-37 amendments by A2008-37 R9 18 Mar 2009

18 Mar 2009– 21 Sept 2009 A2008-37 commenced expiry R10 22 Sept 2009 22 Sept 2009– 28 Feb 2010 A2009-20 amendments by A2009-20 R11 1 Mar 2010 1 Mar 2010– 31 Dec 2010 A2009-53 amendments by A2009-53

Endnotes

5 Earlier republications page 72 Racing Act 1999 Effective: 26/11/25 R24 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R12 1 Jan 2011 1 Jan 2011– 28 Feb 2011 A2010-54 amendments by A2010-54 R13 1 Mar 2011 1 Mar 2011– 30 June 2011 A2011-3 amendments by A2011-3 R14 1 July 2011 1 July 2011– 21 Feb 2013 A2011-22 amendments by A2011-22 R15 22 Feb 2013

22 Feb 2013– 28 Feb 2013 A2013-4 amendments by A2013-4 R16 1 Mar 2013 1 Mar 2013– 1 Mar 2014 SL2013-3 amendments by A2013-1 and modification by SL2010-3 as amended by SL2013-3 R17 2 Mar 2014

2 Mar 2014– 16 Nov 2014 SL2013-3 expiry of transitional provisions (pt 10) R18 17 Nov 2014

17 Nov 2014– 26 Apr 2016 A2014-49 amendments by A2014-49 R19 27 Apr 2016

27 Apr 2016– 31 Aug 2016 A2016-18 amendments by A2016-18 R20 1 Sept 2016 1 Sept 2016– 29 Apr 2018 A2016-45 amendments by A2016-45 R21 30 Apr 2018

30 Apr 2018– 30 Apr 2020 A2017-43 amendments by A2017-43 R22 1 May 2020

1 May 2020– 23 Aug 2022 A2017-43 expiry of transitional provisions (pt 11) R23 24 Aug 2022

24 Aug 2022– 25 Nov 2025 A2022-14 amendments by A2022-14

Endnotes Expired transitional or validating provisions 6 R24 26/11/25 Racing Act 1999 Effective: 26/11/25 page 73 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2025