sec.135Decision

### sec.135 Decision If the control body decides to grant the application, the control body must as soon as practicable issue a race information authority for the code of racing to the applicant. If the control body decides to grant the application but impose conditions on the authority as mentioned in subsection (3) or to refuse to grant the application, the control body must give the applicant an information notice about the decision. If the control body decides to grant the application, the control body may impose any of the following conditions on the authority— a condition that the holder of the authority pay the control body a fee for the use of Queensland race information for the conduct of the holder’s wagering business for the code of racing; a condition of a type prescribed by regulation. In deciding whether to impose a condition on the authority, or the type of condition, the control body must not take into account the matters prescribed by regulation. If the applicant has used Queensland race information for the conduct of the applicant’s wagering business for the code of racing at any time during the period from 1 September 2008 to the day of issue of the authority to the applicant, a condition mentioned in subsection (3) (a) may be that the holder of the authority pay a fee for the use of the information during the period. Without limiting subsection (4) , in deciding whether to impose a condition mentioned in subsection (3) (a) on the authority, or the amount of the fee, the control body must take into account any other fees payable to it by the holder of the authority under any agreement between the control body and holder of the authority. If the control body decides to impose a condition mentioned in subsection (3) (a) on the authority, section 83 (2) does not apply to the amount of the fee charged. s 135 prev s 135 amd 2012 No. 42 s 75 sch om 2016 No. 12 s 363 pres s 135 (prev s 113E) ins 2008 No. 75 s 90 renum 2012 No. 42 s 45 amd 2016 No. 12 s 360 (sec.135-ssec.1) If the control body decides to grant the application, the control body must as soon as practicable issue a race information authority for the code of racing to the applicant. (sec.135-ssec.2) If the control body decides to grant the application but impose conditions on the authority as mentioned in subsection (3) or to refuse to grant the application, the control body must give the applicant an information notice about the decision. (sec.135-ssec.3) If the control body decides to grant the application, the control body may impose any of the following conditions on the authority— a condition that the holder of the authority pay the control body a fee for the use of Queensland race information for the conduct of the holder’s wagering business for the code of racing; a condition of a type prescribed by regulation. (sec.135-ssec.4) In deciding whether to impose a condition on the authority, or the type of condition, the control body must not take into account the matters prescribed by regulation. (sec.135-ssec.5) If the applicant has used Queensland race information for the conduct of the applicant’s wagering business for the code of racing at any time during the period from 1 September 2008 to the day of issue of the authority to the applicant, a condition mentioned in subsection (3) (a) may be that the holder of the authority pay a fee for the use of the information during the period. (sec.135-ssec.6) Without limiting subsection (4) , in deciding whether to impose a condition mentioned in subsection (3) (a) on the authority, or the amount of the fee, the control body must take into account any other fees payable to it by the holder of the authority under any agreement between the control body and holder of the authority. (sec.135-ssec.7) If the control body decides to impose a condition mentioned in subsection (3) (a) on the authority, section 83 (2) does not apply to the amount of the fee charged. - (a) a condition that the holder of the authority pay the control body a fee for the use of Queensland race information for the conduct of the holder’s wagering business for the code of racing; - (b) a condition of a type prescribed by regulation.