This regulation supplies detailed, practical rules under the Racing Integrity Act: it requires an annual audit program of licensed animals and participants, prescribes agencies for information exchange, names an approved betting-settlement location, allows race day stewards to be authorised officers, sets record/reporting rules for horses at slaughter facilities, and fixes application fees for racing bookmaker licences (with rounding rules). It imposes compliance duties on licensees, slaughter-facility owners and bookmakers and gives the commission limited appointment and operational discretion.
The Racing Integrity Regulation 2016 prescribes specific, operational matters that implement and elaborate provisions of the parent Act. Mechanically it does the following.
Fixes commencement date (1 July 2016) (s 2).
Requires that each operational plan required by the Act include a program to audit the suitability of licensed animals and participants to continue to be licensed for the relevant financial year, and prescribes the minimum content of that program (categories, audit focus, number of audits), with a requirement to record and carry forward any issues discovered by audits that fall outside the audit focus into the next year’s program summary and to say whether they will be addressed (s 3).
Declares that each person named in schedule 1AA is a relevant agency for the Act’s information exchange provision (Act, s 53A(5)(d)) (s 3A). The provision includes amendment notations (ins, amd) showing later insertions and amendments to this clause.
Specifies that each law of another State listed in schedule 1 is a law about racing or betting for the purposes of the Act (s 4).
Names a single approved place for paying and settling particular bets: the Tattersall’s Club Rooms at 215 Queen Street, Brisbane (s 5).
Authorises the commissioner to appoint a race day steward as an authorised officer under the Act (s 6).
Prescribes recordkeeping and reporting obligations for owners of livestock slaughter facilities in relation to horses: owners must record the colour and sex of each arriving horse (s 6A), and reports about arriving horses must include the information given to the owner about supply under s 210A of the Act, the colour and sex of the horse, and the day the horse arrived (s 6B). The two clauses were inserted in 2023 (see amendment notes).
Current sections
Direct links to the current provisions in Racing Integrity Regulation 2016.
16
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Racing Integrity Regulation 2016 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 July 2016.
pt.2
Prescribed matters for Act
Prescribed matters for Act
sec.3
Matters for operational plan— Act , s 53
sec.3 Matters for operational plan— Act , s 53
For section 53 (2) of the Act , an operational plan must include a program to audit the suitability of licensed animals and participants to continue to be licensed for the relevant financial year.
See also section 41 (3) of the Act .
A program mentioned in subsection (1) must include the following—
the categories of licensed animals and participants being audited by the program;
the focus of the audits for each category of licensed animal or participant;
the number of audits planned for each category of licensed animal or participant.
Subsection (4) applies if, as a result of auditing licensed animals or participants, the commission identifies an issue about the suitability of licensed animals or participants to continue to be licensed that is not within the focus of the audits.
The program for the next financial year must include a summary of the issue and state whether the issue is addressed by the program.
(sec.3-ssec.1) For section 53 (2) of the Act , an operational plan must include a program to audit the suitability of licensed animals and participants to continue to be licensed for the relevant financial year. See also section 41 (3) of the Act .
(sec.3-ssec.2) A program mentioned in subsection (1) must include the following— the categories of licensed animals and participants being audited by the program; the focus of the audits for each category of licensed animal or participant; the number of audits planned for each category of licensed animal or participant.
(sec.3-ssec.3) Subsection (4) applies if, as a result of auditing licensed animals or participants, the commission identifies an issue about the suitability of licensed animals or participants to continue to be licensed that is not within the focus of the audits.
(sec.3-ssec.4) The program for the next financial year must include a summary of the issue and state whether the issue is addressed by the program.
(a) the categories of licensed animals and participants being audited by the program;
(b) the focus of the audits for each category of licensed animal or participant;
(c) the number of audits planned for each category of licensed animal or participant.
sec.3A
Relevant agencies for exchange of information— Act , s 53A
sec.3A Relevant agencies for exchange of information— Act , s 53A
For section 53A (5) of the Act , definition relevant agency , paragraph (d) , each person stated in schedule 1AA is a relevant agency.
s 3A ins 2019 SL No. 84 s 3
amd 2020 Act No. 23 s 69 s ch 1 pt 1
sec.4
Prescribed laws about racing or betting— Act , s 101
sec.4 Prescribed laws about racing or betting— Act , s 101
For section 101 (1) (b) (ii) of the Act , each law of another State that is stated in schedule 1 is a law about racing or betting.
sec.5
Approved place for paying and settling particular bets— Act , s 140
sec.5 Approved place for paying and settling particular bets— Act , s 140
For section 140 (2) of the Act , the Tattersall’s Club Rooms at 215 Queen Street, Brisbane is an approved place.
sec.6
Persons for appointment as authorised officers— Act , s 145
sec.6 Persons for appointment as authorised officers— Act , s 145
For section 145 (1) (b) of the Act , the commissioner may appoint a race day steward as an authorised officer.
sec.6A
Record to be kept by owner of livestock slaughter facility— Act , s 210B
sec.6A Record to be kept by owner of livestock slaughter facility— Act , s 210B
For section 210B (1) (d) of the Act , the owner of the livestock slaughter facility must keep a record of the colour and sex of each horse that arrives at the facility.
s 6A ins 2023 SL No. 150 s 3
sec.6B
Matters for report— Act , s 210C
sec.6B Matters for report— Act , s 210C
For section 210C (1) (a) (ii) of the Act , the following information is prescribed for a report about a horse that arrives at a livestock slaughter facility—
the information given to the owner about the supply of the horse under section 210A of the Act ;
the colour and sex of the horse;
the day the horse arrived at the facility.
s 6B ins 2023 SL No. 150 s 3
(a) the information given to the owner about the supply of the horse under section 210A of the Act ;
(b) the colour and sex of the horse;
(c) the day the horse arrived at the facility.
pt.3
Fees
Fees
sec.7
Application fee for racing bookmaker’s licence— Act , s 79
sec.7 Application fee for racing bookmaker’s licence— Act , s 79
For section 79 (2) (a) of the Act , the application fee for a racing bookmaker’s licence is—
if the applicant is an individual—2,609 fee units; or
if the applicant is a corporation—7,505 fee units.
s 7 sub 2022 SL No. 65 s 3
(a) if the applicant is an individual—2,609 fee units; or
(b) if the applicant is a corporation—7,505 fee units.
sec.8
Rounding of amounts expressed as numbers of fee units
sec.8 Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in section 7 as a number of fee units.
For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded downwards to the nearest dollar.
If the number of dollars obtained by multiplying a number of fee units mentioned in section 7 by the value of a fee unit were $2,648.75, the amount of the application fee, after rounding, would be $2,648.
s 8 ins 2022 SL No. 65 s 3
(sec.8-ssec.1) This section applies for working out the amount of a fee expressed in section 7 as a number of fee units.
(sec.8-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded downwards to the nearest dollar. If the number of dollars obtained by multiplying a number of fee units mentioned in section 7 by the value of a fee unit were $2,648.75, the amount of the application fee, after rounding, would be $2,648.
sch.1AA-pt.1
Corporations
Corporations
sch.1AA-pt.2
Other Persons
Other Persons
Source text
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Racing Integrity Regulation 2016 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 July 2016.
pt.2 Prescribed matters for Act
Prescribed matters for Act
sec.3 Matters for operational plan— Act , s 53
sec.3 Matters for operational plan— Act , s 53
For section 53 (2) of the Act , an operational plan must include a program to audit the suitability of licensed animals and participants to continue to be licensed for the relevant financial year.
See also section 41 (3) of the Act .
A program mentioned in subsection (1) must include the following—
the categories of licensed animals and participants being audited by the program;
the focus of the audits for each category of licensed animal or participant;
the number of audits planned for each category of licensed animal or participant.
Subsection (4) applies if, as a result of auditing licensed animals or participants, the commission identifies an issue about the suitability of licensed animals or participants to continue to be licensed that is not within the focus of the audits.
The program for the next financial year must include a summary of the issue and state whether the issue is addressed by the program.
(sec.3-ssec.1) For section 53 (2) of the Act , an operational plan must include a program to audit the suitability of licensed animals and participants to continue to be licensed for the relevant financial year. See also section 41 (3) of the Act .
(sec.3-ssec.2) A program mentioned in subsection (1) must include the following— the categories of licensed animals and participants being audited by the program; the focus of the audits for each category of licensed animal or participant; the number of audits planned for each category of licensed animal or participant.
(sec.3-ssec.3) Subsection (4) applies if, as a result of auditing licensed animals or participants, the commission identifies an issue about the suitability of licensed animals or participants to continue to be licensed that is not within the focus of the audits.
(sec.3-ssec.4) The program for the next financial year must include a summary of the issue and state whether the issue is addressed by the program.
(a) the categories of licensed animals and participants being audited by the program;
(b) the focus of the audits for each category of licensed animal or participant;
(c) the number of audits planned for each category of licensed animal or participant.
Sets the application fee for a racing bookmaker’s licence in fee units, distinguishing between individual applicants (2,609 fee units) and corporate applicants (7,505 fee units) (s 7).
Prescribes the rounding rule for amounts expressed as numbers of fee units, directing the amount be rounded down to the nearest dollar for the purposes of the Acts Interpretation Act 1954, s 48C(3), with an illustrative example (s 8).
Textual cross‑references to the Act appear throughout, so the Regulation functions largely as a procedural and technical adjunct to the Act, supplying prescribed contents, nominal designations (e.g., approved place), and fee quantum in fee units. Several provisions were inserted or amended after initial commencement, and schedules (1 and 1AA) carry material effect even though their contents are not reproduced in the text provided.
Main concepts
The instrument relies on a small set of recurring operational concepts that determine who must act, what information must be recorded, and how particular administrative processes are to be implemented.
Operational plan audit program (s 3)
The core concept here is an audit program within an operational plan required by the Act (see s 53(2) of the Act, as referenced). The Regulation prescribes the program must specify the categories of licensed animals and participants to be audited, the focus of audits for each category, and the number of audits planned for each category. It also builds in an iterative learning mechanism: if an audit identifies an issue outside the program’s focus, the next year’s program must summarise that issue and state whether it will be addressed. The Regulation therefore embeds a minimum content standard for audit planning and an obligation to reflect audit findings in future planning (s 3(1)-(4)).
Relevant agency (s 3A)
For the Act’s information exchange power (s 53A of the Act), the Regulation declares the persons listed in schedule 1AA to be relevant agencies. The concept is of a bounded list of counterpart agencies authorised for information exchange under the Act’s mechanism. The provision has later insertions and amendments recorded in the instrument.
Prescribed laws about racing or betting (s 4)
The Regulation defines, by reference to schedule 1, which foreign State laws count as “laws about racing or betting” for the Act’s purposes. The concept is recognition of cross‑jurisdictional legal regimes for specific statutory purposes.
Approved place (s 5)
The Regulation designates a single physical location (Tattersall’s Club Rooms, 215 Queen Street, Brisbane) as an approved place for paying and settling particular bets under the Act. The concept is a statutorily recognised venue where specified transactional activity is permitted.
Authorised officers (s 6)
The commissioner’s power to appoint authorised officers includes race day stewards as a class eligible for appointment. The concept is expanding the pool of potential enforcement or regulatory officials under the Act by explicit inclusion.
Record and report requirements for livestock slaughter facilities (ss 6A-6B)
Owners of livestock slaughter facilities acquire a discrete, stated obligation to keep records (colour and sex of arriving horses) and to include particular matters in reports about arriving horses (information given under s 210A of the Act; colour and sex; day arrived). The concept is application of traceability and reporting standards to horses at slaughter facilities.
Fees and fee units (ss 7-8)
The instrument sets discrete application fees for racing bookmaker licences in fee units and prescribes a rounding rule for converting fee units to dollar amounts. The fee unit quantum is stated numerically for individuals and corporations, and the rounding rule requires downward rounding to the nearest dollar under the Acts Interpretation Act framework.
Schedules as operative lists
Schedules 1 and 1AA are functionally material: schedule 1 names laws of other States that carry a statutory consequence under s 4; schedule 1AA names persons who are relevant agencies under s 3A. The Regulation’s substantive effect therefore extends beyond the clauses reproduced here into the schedules.
Throughout, the Regulation does not itself set out enforcement sanctions or detailed procedural rules beyond these prescription elements; it operates mainly by specifying content and by identifying particular actors and places for the purposes of the Act.
Who it affects
The Regulation creates duties and opportunities that fall on discrete groups. The immediate, named affected parties are the following.
The commission (or the Act’s responsible body)
The commission must include the specified audit program in each operational plan required by the Act (s 3(1)). That imposes planning, data‑collection and audit implementation workload on the commission. If audits reveal issues outside planned audit focus, the commission must prepare a summary and indicate whether the issue will be addressed in the next year’s program (s 3(3)-(4)). The commission also has the discretion to appoint authorised officers, including race day stewards (s 6), and is affected by the designation of relevant agencies for information exchange (s 3A), which changes the network of permitted exchanges.
Licensed animals and participants
Licensed animals and participants are subject to the audit program (s 3(1)-(2)). The Regulation requires the commission to plan by category, set audit focus, and specify the number of audits, affecting how frequently and on what matters persons and animals are examined for ongoing suitability.
Owners of livestock slaughter facilities
Owners must keep a record of the colour and sex of each horse arriving at the facility (s 6A(1)(d)). They must provide reports that include specified information (s 6B(1)(a)-(c)). These are discrete recordkeeping and reporting obligations for a particular industry subgroup.
Applicants for a racing bookmaker’s licence
Individuals and corporations applying for a racing bookmaker’s licence must pay application fees set in fee units: 2,609 fee units for individuals, 7,505 fee units for corporations (s 7). The applicants bear the financial cost of these fees and must calculate the dollar amounts in accordance with the fee unit value and the rounding rule (s 8).
Tattersall’s Club Rooms
The designated premises at 215 Queen Street, Brisbane are given statutory recognition as an approved place for paying and settling certain bets (s 5). That confers a legal status relevant to bookmakers, bettors and venue operators, limited to the address specified.
Race day stewards
Race day stewards are potential appointees as authorised officers, subject to the commissioner’s discretion (s 6). If appointed, they become part of the authorised officer cohort under the Act.
Persons listed in schedules
Persons named in schedule 1AA are designated relevant agencies for information exchange (s 3A). Their inclusion changes the set of agencies with whom the Act permits information exchange. Laws of other States listed in schedule 1 are treated as laws about racing or betting for the Act’s purposes (s 4), which may affect recognition, enforcement and cross‑jurisdictional coordination.
Indirectly affected parties
Service providers, auditors, legal advisors, and compliance staff will face workload and procedural needs arising from audit planning and recordkeeping obligations. Betting operators and venues beyond Tattersall’s may be affected by the choice of the single approved place, insofar as particular transactional permissions under the Act are tied to the approved place designation. Financial administrators must implement fee calculations and the rounding rule when collecting application fees (ss 7-8).
Overall the Regulation reallocates administrative obligations and financial costs in narrow, sector‑specific ways. It identifies who must plan audits, who must keep specific records about horses, who pays licence application fees and how fees are to be computed, while also defining the network for information exchange and the status of a particular venue.
Key duties and rights
The Regulation imposes particular duties and establishes certain authorised statuses. Below are the duties that follow directly from the text, and the legal spaces the instrument creates for rights or statuses.
Duties imposed
Operational plan content duty on the commission (s 3). The commission must include in its operational plan a program to audit suitability of licensed animals and participants for the relevant financial year. The program must, at minimum, specify (a) categories of licensed animals and participants to be audited, (b) the focus of audits for each category, and (c) the number of audits planned for each category (s 3(1)-(2)). If audits uncover an issue outside the focus, the next year’s program must summarise that issue and state whether it is addressed (s 3(3)-(4)). The duty therefore encompasses planning, reporting and an obligation to reflect unanticipated audit findings in subsequent planning.
Recordkeeping duty on owners of livestock slaughter facilities (s 6A). An owner must keep a record of the colour and sex of each horse that arrives at the facility (s 6A(1)(d)). This is a specific, itemised record obligation keyed to the arrival of horses.
Reporting duty on owners of livestock slaughter facilities (s 6B). Reports about horses arriving at the facility must include: the information given to the owner about the supply of the horse under s 210A of the Act, the colour and sex of the horse, and the day the horse arrived (s 6B(1)(a)-(c)). These items are prescribed content for reports.
Fee payment obligation for racing bookmaker licence applicants (s 7). An applicant must pay the prescribed application fee. The fee amounts are specified in fee units and vary by applicant type: individual or corporation (s 7). The applicant must convert fee units into dollars and apply the rounding rule (s 8).
Rounding calculation duty for fee administrators (s 8). Amounts expressed in fee units under s 7 are to be converted and then rounded downwards to the nearest dollar, for the purpose of the Acts Interpretation Act 1954, s 48C(3) (s 8).
Rights, statuses and discretions
Commissioner’s appointment power (s 6). The commissioner may appoint a race day steward as an authorised officer. The Regulation expands the pool of eligible appointees but preserves the commissioner’s discretion. The legal effect of being an authorised officer depends on the Act’s provisions on authorised officers; the Regulation itself does not list their powers.
Designation of approved place (s 5). The Regulation establishes the Tattersall’s Club Rooms at a specified street address as an approved place for paying and settling particular bets. This creates a statutory recognition; the Regulation itself determines the place but does not specify the rights or limits attaching to activity conducted there, those being governed by the Act.
Relevant agency designation (s 3A). Persons named in schedule 1AA are declared relevant agencies for the Act’s information exchange provision. This designation creates an entitlement under the Act for information exchange with those agencies. The scope and mechanics of that exchange remain governed by the Act.
Prescribed laws recognition (s 4). Laws of other States listed in schedule 1 are treated as laws about racing or betting for the Act’s purposes. That recognition may confer operational effects under the Act where reference to "laws about racing or betting" triggers rights, duties or recognition of foreign law under the Act.
Operational implications of duties and rights
The audit program duty requires the commission to set categorical and numeric audit targets, producing a predictable inspection schedule. The requirement to record and report unexpected issues into the next financial year’s program creates an obligation to track audit outcomes and incorporate them into future planning.
The record and report duties for slaughter facility owners create administrative compliance tasks: accurate capture of colour and sex, retention for whatever period the Act requires (the Regulation does not specify retention periods), and the compilation of reports containing the prescribed items.
Fee duties create a calculable monetary cost for licence applicants, with the need to apply the fee unit conversion and rounding rule precisely.
The Regulation therefore prescribes a mixture of procedural duties for the regulator, data obligations for regulated facilities, payment obligations for licence applicants, and designated statuses for venues and agencies.
Penalties and enforcement
The Regulation itself is a prescriptive instrument that sets content, designations and fees, but it does not include express penalty provisions within the text provided. There are, however, several enforcement‑relevant mechanisms and dependencies to note.
Absence of penalty clauses in the Regulation
None of the reproduced sections in the Regulation specify offences, monetary penalties, or enforcement sanctions for failure to comply with the duties stated (ss 3, 3A, 4-8, 6A-6B). The Regulation therefore relies on the enforcement architecture and sanctions present in the parent Act and possibly other connected legislation. Any consequences for failing to include the audit program, failing to keep the slaughter facility records, or failing to provide the prescribed report items will depend on the Act’s enforcement provisions relating to those topics, which are not reproduced here.
Role of authorised officers (s 6)
The Regulation permits the commissioner to appoint race day stewards as authorised officers (s 6). Appointment as an authorised officer typically confers powers to inspect, require production of documents, or enforce compliance under the Act. The Regulation’s inclusion of race day stewards as a source of authorised officers broadens the cohort of officials who may exercise such powers, but the specific powers are those granted by the Act to authorised officers. Enforcement actions taken by authorised officers will therefore be governed by the Act’s delegated powers, not by the Regulation’s text.
Fees enforcement (ss 7-8)
The Regulation sets the amount of application fees and the rounding rule. Failure to pay the prescribed fee, or incorrect calculation, would ordinarily be grounds for administrative refusal or delay under the Act’s licensing scheme. Again, the specific enforcement mechanism for unpaid or incorrectly paid fees is left to the Act’s licensing provisions, not the Regulation.
Information exchange and relevant agencies (s 3A)
By designating persons in schedule 1AA as relevant agencies for information exchange under the Act, the Regulation enables the Act’s mechanisms for sharing information. Enforcement agencies or regulators may use information obtained through these channels to support compliance activity, investigations or administrative action under the Act.
Practical enforcement consequences
Practitioners should note that although the Regulation prescribes duties and fees, it does not create a standalone enforcement regime; instead, compliance failures will be pursued under the Act’s existing enforcement framework. The appointment of additional authorised officers and the explicit designation of relevant agencies are the Regulation’s nearest provisions that affect enforcement capacity, by increasing the pool of officers and the permitted sources and recipients of information.
Because the Regulation does not replicate the Act’s enforcement powers or penalties, anyone advising operators, licence applicants or slaughter facility owners should consult the Act for specific offence provisions and enforcement processes that will apply where the Regulation prescribes a duty.
How it interacts with other laws
The Regulation is structured to operate as an adjunct to the parent Act, with multiple explicit cross‑references and with downstream interaction with other statutes through schedules and the Acts Interpretation Act. Key interactions are these.
Direct references to the Act
The Regulation repeatedly references sections of the Act as the hooks for each prescription: operational plan obligations (Act, s 53 referenced in s 3), relevant agency definition (Act, s 53A referenced in s 3A), laws about racing or betting (Act, s 101 referenced in s 4), approved place for paying and settling bets (Act, s 140 referenced in s 5), authorised officers (Act, s 145 referenced in s 6), and livestock slaughter facility records and reports (Act, ss 210B and 210C referenced in ss 6A-6B). Each Regulation clause therefore operates by clarifying or prescribing matters that the Act exposes to regulation making.
Schedules and interjurisdictional recognition (s 4)
Section 4 designates the laws of other States that are listed in schedule 1 as “laws about racing or betting” for the purposes of the Act. The Regulation thus performs an interjurisdictional recognition function: by listing particular State laws in schedule 1, those laws are imported into the Act’s statutory vocabulary. The Regulation therefore interacts with other States’ statutes as soon as schedule 1 names them. The detail of that interaction depends on the content of schedule 1, which is referenced but not reproduced here.
Information sharing and other agencies (s 3A)
Section 3A declares persons in schedule 1AA to be relevant agencies for the Act’s information exchange provision (Act, s 53A(5)(d)). That provision therefore frames the Act’s cross‑agency information flows by statute. The Regulation increases or clarifies the universe of agencies with whom information may be shared. The legal implicature is that any data exchange permitted or governed by the Act can include the persons listed in schedule 1AA.
Application of the Acts Interpretation Act (s 8)
Section 8 explicitly directs that, for the purpose of the Acts Interpretation Act 1954, s 48C(3), the dollar amount derived from fee units is to be rounded down to the nearest dollar. That cross‑reference instructs how to convert fee units into statutory dollar amounts. The Regulation therefore interacts with the Acts Interpretation Act to specify arithmetic handling of fees.
Dependence on the Act for enforcement and powers
Because the Regulation sets duties but does not create enforcement penalties, it presupposes the Act contains the enforcement mechanics, powers of authorised officers, licence grant and refusal mechanisms, and offence sanctions. For questions such as what powers an authorised officer has when inspecting a slaughter facility, or what penalties attend a breach of recordkeeping duties, the Act must be consulted.
Schedules as cross‑document links
Schedules 1 and 1AA are operative components of the Regulation that link it to other laws and agencies. Their contents define the Regulation’s cross‑border and cross‑agency interactions. The Regulation’s effect therefore depends materially on what the schedules list at any given time; periodic amendments of schedules will change those interactions.
Practical consequence for practitioners
To assess full legal effect, advisers must read the Regulation in tandem with the parent Act (all cited sections), the Acts Interpretation Act for fee rounding, and the contents of schedules 1 and 1AA. The Regulation establishes content and nominated entities, but its legal force and remedies are realised through the Act and related statutes.
Amendment history
The Regulation text as provided includes specific insertion and amendment notations that indicate post‑commencement changes. The Act and Regulation version history, insofar as recorded in these excerpts, is as follows.
Commencement
The Regulation commenced on 1 July 2016 (s 2).
Notations showing later insertions and amendments
Section 3A (Relevant agencies for exchange of information) was inserted in 2019, as indicated by the notation "s 3A ins 2019 SL No. 84 s 3". It was subsequently amended by "2020 Act No. 23 s 69 sch 1 pt 1", as recorded in the provision (s 3A).
Section 6A (Record to be kept by owner of livestock slaughter facility) and section 6B (Matters for report) were inserted in 2023, as indicated by the notation "s 6A ins 2023 SL No. 150 s 3" and "s 6B ins 2023 SL No. 150 s 3" respectively.
Section 7 (Application fee for racing bookmaker’s licence) was substituted in 2022, as noted "s 7 sub 2022 SL No. 65 s 3". Section 8 (Rounding of amounts expressed as numbers of fee units) was inserted in 2022, recorded as "s 8 ins 2022 SL No. 65 s 3".
Section 3 contains a parenthetical cross‑statement "See also section 41(3) of the Act", which suggests linkage to other Act provisions that may have been relevant at original drafting or at amendment.
Nature of amendments visible from notations
The notations indicate the Regulation has been updated at least four times after commencement: 2019, 2020 (amendment to the 2019 insertion), 2022, and 2023. The 2022 changes appear to relate to fee quantum and the rounding rule. The 2023 insertions add horse slaughter facility record and reporting obligations. The 2019/2020 series adds and then amends the list of relevant agencies for information exchange.
What the amendment history implies
The amendments are procedural and targeted, not structural: they add or modify designated lists (relevant agencies), introduce record/report rules for a specific class of facility, and update fee parameters and calculation rules. The recorded notations are the only source for amendment history in the text provided. No consolidated list of historical versions or the text of schedules at different times is included here.
Practical consequence for users
Users and advisers should treat the Regulation as a living instrument: key operative matters such as the list of relevant agencies (schedule 1AA) and fee quantum (s 7) have been amended post‑2016. When advising clients, practitioners must confirm they are working from the current consolidated text, including the current schedules and the amendments indicated by the notations shown in the Regulation.
Litigation history
The Regulation text provided contains no case law citations, no judicial interpretations, and no recorded litigation history. It does not name any decisions, and no schedule or note cites cases as authoritative. Therefore, on the basis of the instrument as provided, the litigation history is as follows.
No judicial decisions are cited in the Regulation itself. The instrument contains only statutory prescriptions, cross‑references to sections of the Act, and insertion or amendment notations indicating subordinate legislation updates.
Because this Regulation functions principally by prescribing content required under the Act, any litigation that would interpret or apply the Regulation in practice would most likely arise in proceedings under the parent Act or in administrative law challenges relating to decisions that relied on the Regulation. Those proceedings, if any, are not recorded in the Regulation.
The Regulation’s lack of penalty clauses and its reliance on the Act for enforcement means that disputes about enforcement, sanctions or authorised officers’ powers will be litigated under the Act’s provisions rather than the Regulation’s text. The Regulation provides content and designation rather than enforcement mechanics to litigate.
Where particular schedule entries (schedule 1, schedule 1AA) are contested in practice, litigation may involve questions about the validity or interpretation of schedule content, or whether a given law or person falls within a schedule entry. The Regulation itself gives no further guidance on how to litigate such questions.
Practitioners needing to advise on litigation risk or precedent should therefore rely on the parent Act and any administrative decisions or court cases interpreting the Act and its regulatory instruments, because the Regulation on its own reports no case law or litigation history.
Gotchas
Several practical traps and areas of potential confusion arise from the Regulation’s text, particularly because the instrument prescribes discrete items without elaborating related procedural detail. Below are specific issues to watch for, grounded in the text.
Rounding direction can reduce payable amount by up to 99 cents (s 8)
Section 8 directs that fee unit amounts be rounded down to the nearest dollar for the purposes of the Acts Interpretation Act 1954, s 48C(3). Rounding downwards lowers the payable amount compared with conventional rounding, and the example in s 8 demonstrates a reduction from $2,648.75 to $2,648. Practitioners should ensure that finance teams implement the rounding rule exactly as stated, not by standard rounding arithmetic which might otherwise increase the amount by rounding up.
Large nominal fee unit numbers, conversion required (s 7)
The application fees are specified as large numbers of fee units: 2,609 for individuals and 7,505 for corporations. Because the Regulation supplies fee unit quantities but not the dollar value per unit, fee payers must know the current statutory value of a fee unit to compute the dollar amount. Failure to use the correct fee unit value will produce incorrect payments.
Distinction between individual and corporation applicants (s 7)
The fee difference between individual and corporate applicants is substantial. It is crucial to classify the applicant correctly at the time of lodgement, because the fee quantum depends on that classification. The Regulation does not define "individual" or "corporation" within its own text, so the definitions in the Act or general statutory definitions may apply.
Single approved place named (s 5)
The Regulation designates a single approved place for paying and settling particular bets, by precise street address. Where operators or bettors rely on statutory permission tied to the "approved place" concept in the Act, they should verify that the activity intended is permissible at that precise premises only. The narrow designation can produce operational friction if parties assume broader geographic coverage.
Audit program specificity and oversight expectations (s 3)
The audit program must specify categories, focus and planned numbers of audits. If an audit reveals an issue outside the stated focus, the next operational plan must summarise that issue and state whether it will be addressed. Practitioners should not treat the audit program as aspirational; the Regulation sets minimum content that will be scrutinised. Commission planners must maintain records showing how audits were scoped and how follow‑up was or was not planned.
Recordkeeping itemisation for slaughter facilities (ss 6A-6B)
The Regulation requires owners to keep a record of the colour and sex of each arriving horse (s 6A) and to include in reports the supply information given under s 210A of the Act, the colour and sex, and the arrival day (s 6B). The Regulation does not specify retention periods, format, or the recipient of reports. Owners might therefore neglect procedural details, but failure to maintain the prescribed items could still be actionable under the Act. Practitioners should establish capture, retention and reporting procedures even though the Regulation leaves some parameters open.
Discretionary appointment of race day stewards (s 6)
The commissioner "may" appoint a race day steward as an authorised officer. The permissive language means appointment is discretionary, not mandatory. A party expecting race day stewards to be authorised officers in all circumstances should verify actual appointment decisions and any enabling instruments or gazette notices.
Schedules are operative but not reproduced here (ss 3A, 4; schs 1 and 1AA)
The Regulation refers to schedule 1 and schedule 1AA for operative lists of laws and persons. The content of those schedules is decisive for interjurisdictional effect and for the identity of relevant agencies. Absent the schedule text in the working copy, users may misapprehend the Regulation’s effect. Always confirm current schedule contents.
No penalty provisions in the Regulation itself
Because the Regulation does not list penalties, advisers must not assume the Regulation contains the sanctions or procedural protections that apply to breaches. Consult the Act for enforcement and penalty mechanisms.
Amendments have occurred and may continue
The Regulation has been amended multiple times, with insertions in 2019 and 2023 and fee changes in 2022. Practitioners should verify that they are working with the current consolidated text, because key operative matters were introduced post‑2016.
In short, the principal "gotchas" flow from narrow specificity without procedural detail, reliance on external values (fee unit value), dependence on schedules whose contents are decisive, and discretionary appointment language. Each of these can cause operational or legal missteps if treated casually.
How to comply
Compliance under this Regulation requires attention at three institutional levels: the commission (or regulator), owners/operators of livestock slaughter facilities, and licence applicants and their administrators. The following is a practical compliance checklist and recommended minimum controls grounded in the Regulation’s text.
For the commission (or responsible regulator)
Include an audit program in each operational plan required by the Act (s 3(1)). The program must specify: categories of licensed animals and participants to be audited; the audit focus for each category; and the number of audits planned for each category (s 3(2)). Prepare templates that capture these three elements for every category.
Implement an audit outcomes tracking system. If audits identify an issue outside the audit focus, ensure the system captures the issue in sufficient detail so the next year’s program can include a summary and state whether the issue will be addressed (s 3(3)-(4)). Maintain a formal bridge docket between audit reports and the next operational plan to evidence compliance.
Maintain and review schedule content. Section 3A relies on schedule 1AA naming relevant agencies. Confirm that schedule 1AA is current, and that memoranda of understanding or data sharing arrangements with listed agencies are in place, if required by the Act’s information sharing provisions.
Make procedural rules for appointing authorised officers. Section 6 gives the commissioner discretion to appoint race day stewards as authorised officers. Have an internal protocol to assess and record appointments, including terms of appointment and delegation instruments consistent with the Act.
For owners of livestock slaughter facilities
Establish an arrival intake record for each horse that captures at least the colour and sex (s 6A(1)(d)). Ensure the data capture occurs at arrival and is linked to an arrival date stamp.
Prepare standardised report forms that include the prescribed items: the information given to the owner about the supply under s 210A of the Act, the colour and sex of the horse, and the day the horse arrived (s 6B(1)(a)-(c)). Ensure reports are transmitted to the correct recipient as required by the Act or other administrative directions.
Implement document retention and audit trail practices, even though the Regulation does not specify retention periods. Retain intake records and copies of reports long enough to satisfy any Act‑based obligations and to respond to authorised officer enquiries.
For racing bookmaker licence applicants and financial administrators
Determine applicant classification precisely: individual or corporation, because the fee differs (s 7). Obtain legal certainty regarding applicant type at the time of lodgement.
Calculate the fee by multiplying the prescribed number of fee units by the current fee unit dollar value, then round down to the nearest dollar as required by s 8. Implement a fee calculation sheet that records the fee unit value used and shows the rounding down adjustment.
Verify payment and receipting procedures ensure the collected amount corresponds to the rounded down dollar figure that s 8 prescribes. Maintain a signed record showing the calculation and the rounding applied, in case of later administrative queries.
For venues, operators and parties relying on the approved place (Tattersall’s)
If an activity under the Act requires the use of an approved place for paying or settling particular bets, verify whether the activity is authorised specifically at Tattersall’s Club Rooms, 215 Queen Street, Brisbane (s 5). Do not assume that activities permissible at other venues enjoy the same statutory designation.
Operational controls and governance
Implement written policies and staff training covering: the audit program requirements and how audit focus will be chosen; intake and reporting processes for slaughter facilities; fee calculation and rounding arithmetic; and the appointment and authorisation process for authorised officers.
Maintain a living compliance checklist linked to the Act’s referenced sections. The Regulation prescribes content that is meaningful only in the context of the Act. Ensure the Act and this Regulation are both part of the compliance manual.
Periodically verify the contents of schedule 1 and schedule 1AA and monitor for further amendments. Because the Regulation’s operational effect depends on those schedules, ongoing monitoring will prevent surprises.
Document decisions where the Regulation uses discretionary language. For example, if the commissioner elects not to appoint race day stewards as authorised officers, record the decision rationale and any alternative measures taken to ensure enforcement coverage.
Audit readiness
For regulated participants (licensed animals and participants), anticipate and prepare for audits by reviewing categories and focus likely to be included in the operational plan. Keep records aligned with likely audit topics and make evidence of suitability readily available.
For slaughter facility owners, perform internal compliance spot checks to ensure colour and sex fields are consistently filled, and that reports contain the prescribed items before submission.
Approach to legal uncertainty
Where the Regulation refers to other statutory instruments (the Act, the Acts Interpretation Act) or to schedule contents not reproduced here, consult those texts to confirm obligations, powers and the exact list of agencies or laws. The Regulation prescribes content but leaves enforcement and some definitional matters to the Act and schedules.
Following these steps will align the principal actors with the Regulation’s requirements. Because the Regulation supplies defined content items rather than procedural detail or sanctions, ensure that procedures and record templates cover the minimum content and that a document trail exists to demonstrate compliance should enquiries or enforcement actions arise under the Act.
Section sec.3ARelevant agencies for exchange of information— Act , s 53A
sec.3A Relevant agencies for exchange of information— Act , s 53A
sec.3A Relevant agencies for exchange of information— Act , s 53A
For section 53A (5) of the Act , definition relevant agency , paragraph (d) , each person stated in schedule 1AA is a relevant agency.
s 3A ins 2019 SL No. 84 s 3
amd 2020 Act No. 23 s 69 s ch 1 pt 1
sec.4 Prescribed laws about racing or betting— Act , s 101
sec.4 Prescribed laws about racing or betting— Act , s 101
For section 101 (1) (b) (ii) of the Act , each law of another State that is stated in schedule 1 is a law about racing or betting.
sec.5 Approved place for paying and settling particular bets— Act , s 140
sec.5 Approved place for paying and settling particular bets— Act , s 140
For section 140 (2) of the Act , the Tattersall’s Club Rooms at 215 Queen Street, Brisbane is an approved place.
sec.6 Persons for appointment as authorised officers— Act , s 145
sec.6 Persons for appointment as authorised officers— Act , s 145
For section 145 (1) (b) of the Act , the commissioner may appoint a race day steward as an authorised officer.
sec.6A Record to be kept by owner of livestock slaughter facility— Act , s 210B
sec.6A Record to be kept by owner of livestock slaughter facility— Act , s 210B
For section 210B (1) (d) of the Act , the owner of the livestock slaughter facility must keep a record of the colour and sex of each horse that arrives at the facility.
s 6A ins 2023 SL No. 150 s 3
sec.6B Matters for report— Act , s 210C
sec.6B Matters for report— Act , s 210C
For section 210C (1) (a) (ii) of the Act , the following information is prescribed for a report about a horse that arrives at a livestock slaughter facility—
the information given to the owner about the supply of the horse under section 210A of the Act ;
the colour and sex of the horse;
the day the horse arrived at the facility.
s 6B ins 2023 SL No. 150 s 3
(a) the information given to the owner about the supply of the horse under section 210A of the Act ;
(b) the colour and sex of the horse;
(c) the day the horse arrived at the facility.
pt.3 Fees
Fees
sec.7 Application fee for racing bookmaker’s licence— Act , s 79
sec.7 Application fee for racing bookmaker’s licence— Act , s 79
For section 79 (2) (a) of the Act , the application fee for a racing bookmaker’s licence is—
if the applicant is an individual—2,609 fee units; or
if the applicant is a corporation—7,505 fee units.
s 7 sub 2022 SL No. 65 s 3
(a) if the applicant is an individual—2,609 fee units; or
(b) if the applicant is a corporation—7,505 fee units.
sec.8 Rounding of amounts expressed as numbers of fee units
sec.8 Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in section 7 as a number of fee units.
For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded downwards to the nearest dollar.
If the number of dollars obtained by multiplying a number of fee units mentioned in section 7 by the value of a fee unit were $2,648.75, the amount of the application fee, after rounding, would be $2,648.
s 8 ins 2022 SL No. 65 s 3
(sec.8-ssec.1) This section applies for working out the amount of a fee expressed in section 7 as a number of fee units.
(sec.8-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded downwards to the nearest dollar. If the number of dollars obtained by multiplying a number of fee units mentioned in section 7 by the value of a fee unit were $2,648.75, the amount of the application fee, after rounding, would be $2,648.