19Eligibility to hold office

19 Eligibility to hold office (1) For a person to be eligible to be appointed and hold office as a member of the Commission, the Minister must be satisfied that: (a) the person has: (i) demonstrable knowledge or experience of the thoroughbred, harness or greyhound racing industries, the online wagering industry or the broader online gambling industry; or (ii) other knowledge or experience that enables the person, as a member, to assist the Commission in its functions; and (b) the person is a fit and proper person; and (c) the person resides in the Territory, unless the Minister grants an exception. Note for subsection (1)(a) The knowledge or experience need not be limited to Australia. (2) In addition to the criteria in subsection (1), the Chair, Deputy Chair and at least one other member must be a legal practitioner who has been admitted to the legal profession for at least 5 years. (3) A person is not eligible to be appointed and hold office as a member of the Commission if the person: (a) at any time within the previous 2 years: (i) was an employee of a race club; or (ii) had an interest, either directly or indirectly, in a business licensed under this Act or the Racing and Betting Act 1983 (repealed); or (iii) was a beneficiary of a business licensed under this Act or the Racing and Betting Act 1983 (repealed); or (iv) had management or control of an office or agency established under an agency agreement with the licensee of a totalisator licence issued under the Totalisator Licensing and Regulation Act 2000; or

Racing and Wagering Act 2024 15 (b) at any time within the previous 2 years, whether or not professionally, licensed or registered: (i) was a rider in thoroughbred racing or a driver in harness racing; or (ii) owned, trained or was otherwise directly involved, in greyhound racing; or (c) at any time within the previous 3 years: (i) became bankrupt; or (ii) applied to take the benefit of a law for the relief of bankrupt or insolvent debtors; or (iii) compounded with creditors or makes an assignment of the person's remuneration for their benefit. (4) The Minister may undertake any investigation the Minister appointed and hold office as a member of the Commission. (5) A member of the Commission must notify the Minister in writing if the member is no longer eligible to hold office. (6) Despite subsection (1)(a), the Minister may waive ineligibility under that subsection for a person if satisfied that: (a) the person has other experience that would benefit the Commission; and (b) the person will not hold the position of Chair or Deputy Chair of the Commission.