Part 1 Preliminary

1 Short title

This Act may be cited as the Racing Regulation and Integrity Act 2024 .

2 Commencement

The provisions of this Act commence on a day or days to be proclaimed.

3 Interpretation

In this Act, unless the contrary intention appears –

accept a bet includes negotiate a bet;

act includes omission;

Advisory Committee means the Integrity and Animal Welfare Advisory Committee established by section 55 ;

annual integrity plan means a plan prepared by Tasracing under section 61(1) ;

appeal means an appeal to the TRAB;

approved sports event means an approved sports event within the meaning of the Gaming Control Act 1993 ;

Australian Rules of Racing means the national Rules of Racing for a code of racing, as promulgated by the code's peak national body;

authorised betting has the meaning referred to in section 167 ;

betting means betting on –

(a) contingencies relating to horse races or greyhound races; or

(b) contingencies relating to approved sports events;

betting-only meeting means a meeting of a registered club (held under the authority of Tasracing on a racecourse) at which no racing takes place but during which the club may conduct totalizator betting or allow lawful bookmaking to be carried on;

betting ticket means a ticket issued by or on behalf of a bookmaker in evidence of a bet accepted by that bookmaker;

Board means the board of directors of Tasracing referred to in section 14 of the Racing (Tasracing Pty Ltd) Act 2009 ;

bookmaker means a person who is engaging in bookmaking, whether as a registered bookmaker or registered bookmaker's agent;

bookmaker's agent means a person who independently accepts bets for or on behalf of a bookmaker but does not mean a person who, by virtue of the person’s employment and under direction, merely assists a bookmaker or bookmaker's agent to engage in bookmaking;

bookmaking – see section 131 ;

Chief Racing Integrity Officer means the person appointed as the Chief Racing Integrity Officer under section 67 ;

club committee means the committee or other governing body of a registered club;

code of racing means, according to the context –

(a) thoroughbred racing; or

(b) harness racing; or

(c) greyhound racing;

Commissioner means the person appointed as the Tasmanian Racing Integrity Commissioner under section 7 ;

control includes supervision;

controlling club, in relation to a racecourse, means the registered club for the time being in control of that racecourse;

counsel means an Australian legal practitioner;

direct means direct in writing;

financial year means –

(a) in the case of a club, the financial year used by the club; or

(b) in any other case, the 12-month period ending on 30 June in any year;

functions includes duties and responsibilities;

greyhound means a greyhound dog bred for the purposes of racing;

greyhound race means a race between greyhound dogs in pursuit of a mechanical lure;

horse means a thoroughbred horse, or a standardbred horse, bred for the purposes of racing;

issue, in relation to a betting ticket, includes deliver;

made, in relation to any Rules of Racing, includes adopted;

major appeal means an appeal under section 76 that is not a minor appeal;

minor means a person who has not attained the age of 18 years;

minor appeal means an appeal by a person under section 76 against a decision of the steward to impose either, or both, of the following:

(a) a fine on the person not exceeding $2 000 or, if another amount is prescribed, the prescribed amount;

(b) a suspension on the person, or on a horse or greyhound owned, leased or trained by the person, for a period not exceeding 30 days;

notice means notice in writing;

off-course function approval means an approval issued under section 155(4)(a) ;

off-course function betting means betting with a registered bookmaker at a function to which relates an off-course function approval issued to the bookmaker;

off-course function betting endorsement means an off-course function betting endorsement that is endorsed under section 149(9)(b) on a bookmaker's certificate of registration and that is in force;

off-course telephone betting means betting by telephone with a registered bookmaker who is at the premises specified, in accordance with section 150(1)(a) , in the bookmaker's off-course telephone betting endorsement;

off-course telephone betting endorsement means an off-course telephone betting endorsement that is endorsed under section 149(9)(b) on a bookmaker's certificate of registration and that is in force;

on-course telephone betting means betting by telephone with a registered bookmaker, or a bookmaker's agent, who is at a racecourse;

on-course telephone betting endorsement means an on-course telephone betting endorsement that is endorsed under section 149(9)(b) on a bookmaker's certificate of registration and that is in force;

premises includes a part of premises;

principal means the person specified in the certificate of registration of a bookmaker's agent as the registered bookmaker for or on whose behalf the bookmaker's agent may engage in bookmaking;

public place has the same meaning as in the Police Offences Act 1935 ;

racecourse means the place where a race meeting or betting-only meeting is held;

race field information publication approval means a race field information publication approval granted under section 128 ;

race meeting has the meaning referred to in section 103 ;

racing means horse racing or greyhound racing other than racing of that kind conducted exclusively for the purpose of training animals, drivers or riders;

racing club means a club that is registered under section 108 ;

racing industry association means a body prescribed in the regulations;

Racing Integrity Committee means the committee established by section 57 ;

racing official means a person holding an appointment under section 68 ;

racing year means the 12-month period commencing on 1 July in any year;

registered means registered under this Act;

regulations means the regulations made and in force under this Act;

respondent, in relation to an appeal to the TRAB, means the person or persons responsible for making the decision that is the subject of appeal;

RSPCA means the Royal Society for the Prevention of Cruelty to Animals Tasmania Ltd (ACN 611 485 271);

Rules of Racing means the Rules of Racing made and in force under this Act for a code of racing;

Standards means Standards issued by the Commissioner under section 53 ;

statutory rule means a statutory rule for the purposes of the Rules Publication Act 1953 ;

steward means a person holding an appointment as a stipendiary steward under section 68 ;

Tasmanian race field information means information that identifies, or is capable of identifying, the name or number of a horse or greyhound –

(a) as a horse or greyhound that has been nominated for, or that will otherwise take part in, a race intended to be held at any race meeting in Tasmania; or

(b) as a horse or greyhound that has been scratched or withdrawn from a race intended to be held at any race meeting in Tasmania;

Tasracing means Tasracing Pty Ltd formed under section 5 of the Racing (Tasracing Pty Ltd) Act 2009 ;

Tasracing Integrity Unit means the unit of Tasracing referred to in section 66 ;

totalizator has the same meaning as in the Gaming Control Act 1993 ;

TRAB means the Tasmanian Racing Appeal Board continued under section 71 ;

unauthorised betting has the meaning referred to in section 167(3) ;

wager has the same meaning as in the Gaming Control Act 1993 ;

wagering operator means a person –

(a) who –

(i) is a bookmaker; or

(ii) operates a totalizator; or

(iii) operates a betting exchange, within the meaning of the Gaming Control Act 1993 ; or

(iv) operates such other form of wagering as may be prescribed; and

(b) who holds a licence or other authority (however described) that relates to wagering under the legislation of this State or any other State or a Territory or any country.

4 Act binds Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

5 Application of Act

This Act does not apply to, limit or render unlawful –

(a) the conduct of, or participation in, totalizator betting authorised under the Gaming Control Act 1993 ; or

(b) the conduct of, or participation in, games, gaming or gaming activities authorised under the Gaming Control Act 1993 or TT-Line Gaming Act 1993 ; or

(c) business, technical or promotional activities associated with the activities referred to in paragraphs (a) and (b) ; or

(d) such other activities as may be prescribed.

Part 2 Tasmanian Racing Integrity Commissioner

Division 1 Preliminary

6 Interpretation of Part

In this Part, unless the contrary intention appears –

adverse finding means a finding of the Commissioner under section 27 , that is adverse to the interests of a person;

inquiry means an inquiry held by the Commissioner under Division 4 ;

private session means a private session held by the Commissioner under section 28 .

Division 2 Tasmanian Racing Integrity Commissioner

7 Tasmanian Racing Integrity Commissioner

(1)  The Governor, on the recommendation of the Minister, is to appoint a person as the Tasmanian Racing Integrity Commissioner.

(2)  The Governor may appoint a State Service officer or State Service employee to be Commissioner and that officer or employee may hold that office in conjunction with State Service employment.

(3)  A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of such House of Parliament, is disqualified from being appointed as Tasmanian Racing Integrity Commissioner and, if a person holding the office of Tasmanian Racing Integrity Commissioner becomes a candidate for election as such a member, that person vacates that office on becoming such a candidate.

(4)  For the purposes of subsection (3) , a person becomes a candidate for election as a member of a House of Parliament when nominated for that election in accordance with the law regulating the election.

(5)  Schedule 1 has effect in respect of the Commissioner and the Commissioner’s appointment.

8 Staff and facilities

(1)  The Commissioner may arrange with the Head of a State Service Agency for the services of a State Service officer or State Service employee, or facilities and goods, of the Agency to be made available to the Commissioner to enable the Commissioner to perform the Commissioner’s functions under this Act or any other Act.

(2)  Officers and employees made available under subsection (1) may serve the Commissioner in any capacity in conjunction with State Service employment.

9 Functions of Commissioner

(1)  The Commissioner has the following functions:

(a) to oversee integrity in racing and the welfare of animals that are or have been involved in racing;

(b) to monitor the administration and regulation of racing;

(c) to research and investigate integrity in racing, animal welfare and related matters;

(d) to advise the Minister on integrity in racing, animal welfare and related matters and make policy proposals for the development of racing;

(e) to advise the Minister on the Rules of Racing;

(f) to promote compliance with this Act and integrity in racing, and to promote animal welfare and prevent animal cruelty;

(g) to liaise with authorities and persons responsible for integrity in racing, animal welfare and related matters in this State and, as appropriate, elsewhere;

(h) to facilitate cooperation, in relation to animal welfare initiatives, between Tasracing, the department responsible for the administration of the Animal Welfare Act 1993 , the department responsible for the administration of the Biosecurity Act 2019 , and the RSPCA;

(i) to review annual integrity plans for Tasracing;

(j) to review proposals relating to new or amended Rules of Racing and give advice and make recommendations in relation to those rules;

(k) to make best practice Standards that provide for any matter relating or incidental to the conduct of racing (including but not limited to integrity in the racing industry and animal welfare) and to monitor, review, and give advice and make recommendations in relation to the implementation of, and compliance with, those Standards;

(l) to provide oversight over Tasracing’s administration and regulation of the racing industry, including Tasracing’s approval of registrations and granting of licences under the Rules of Racing, and its administration, registration and regulation of racing clubs;

(m) to provide oversight over Tasracing’s administration and registration of bookmakers and bookmakers’ agents;

(n) to give advice and make recommendations to Tasracing and others in relation to the training of people employed or otherwise engaged in the racing industry;

(o) to conduct audits and reviews, and make recommendations, in relation to the functions, processes and systems of Tasracing and racing clubs, including in relation to integrity in racing, animal welfare, governance and finances;

(p) to investigate allegations made and other matters relating to integrity in racing and animal welfare, including with respect to Tasracing and the performance and the exercise of its functions and powers;

(q) to conduct own-motion investigations and inquiries, including into integrity in racing, animal welfare and systemic issues in racing;

(r) to inquire into any matters referred to the Commissioner by the Minister or such matters as requested by Tasracing;

(s) if appropriate, refer matters to a public authority, the Commissioner of Police, the DPP or any other person that the Commissioner considers appropriate;

(t) to make such recommendations, following the investigation of any matter or an inquiry by the Commissioner, as the Commissioner considers appropriate;

(u) such other functions as are prescribed.

(2)  The Commissioner has such other functions as are conferred or imposed on the Commissioner by or under this or any other Act.

10 General powers of Commissioner

(1)  The Commissioner has power to do such things (other than employ persons) as the Commissioner considers necessary or convenient for, or in connection with, the exercise or performance of any power or function conferred or imposed on the Commissioner by this or any other Act.

(2)  In exercising the Commissioner’s powers under this Act, the Commissioner –

(a) is to have regard to the Standards; and

(b) may seek the advice of Tasracing or such other persons as the Commissioner thinks fit.

(3)  The following payments may be used for the purposes of the Commissioner:

(a) payments received under this Act, for and on behalf of the Crown;

(b) such other payments as the Minister may approve.

11 Performance and exercise of Commissioner’s functions and powers generally

Except as otherwise provided in this Act, the Commissioner is not subject to the direction or control of the Minister in respect of the performance or exercise of the functions or powers of the Commissioner.

12 Recommendations by Commissioner

(1)  The Commissioner may make such recommendations to such persons in relation to racing, including (but not limited to) integrity in racing and animal welfare, as the Commissioner considers appropriate.

(2)  If the Commissioner makes a recommendation under subsection (1) to Tasracing, the Commissioner may request Tasracing to notify the Commissioner, within a specified time, of –

(a) the steps that have been, or are proposed to be, taken to give effect to the recommendation; or

(b) if no such steps have been or are proposed to be taken, the reasons why they have not been taken or, as the case may be, are not proposed to be taken.

13 Compliance with direction of Commissioner

(1)  If Tasracing or a racing club fails to comply with a recommendation given to it by the Commissioner under this Act, the Commissioner may issue a direction to Tasracing or the racing club requiring compliance with the recommendation.

(2)  Before issuing a direction to Tasracing under subsection (1) , the Commissioner must consult with Tasracing in relation to the proposed direction.

14 Delegation

The Commissioner may delegate any of the Commissioner’s powers or functions under this Act other than this power of delegation.

Division 3 Investigations by Commissioner

15 Investigations

The Commissioner may investigate any matter relating to racing including, but not limited to, matters relating to integrity in racing and animal welfare.

16 Refusal to conduct investigation

(1)  The Commissioner may decide not to conduct an investigation into a matter under this Division if the Commissioner considers that –

(a) the subject matter of the investigation is frivolous, vexatious, lacking in substance or is not raised in good faith; or

(b) the subject matter of the investigation is trivial; or

(c) the subject matter of the investigation relates to a matter permitted or required under any law; or

(d) the subject matter of the investigation has already been investigated or otherwise dealt with by any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.

(2)  The Commissioner must refuse to conduct an investigation under this Division into a matter if the matter is the subject of, or the investigation would prejudice –

(a) any criminal proceedings or criminal investigations; or

(b) an appeal to the TRAB; or

(c) an inquiry by the stewards under the Rules of Racing.

(3)  If the Commissioner refuses to conduct an investigation into a matter the Commissioner must, within a reasonable time after so refusing, notify the TRAB of the refusal if the matter is the subject of, or the investigation would prejudice, an appeal to the TRAB.

17 Procedure on investigation

(1)  Before commencing an investigation under this Act, the Commissioner may give notice, of the Commissioner’s intention to conduct the investigation, to either or both of the following:

(a) the person or body that is the subject of the investigation;

(b) if the investigation is commenced as the consequence of a complaint or allegation, the person making the complaint or allegation.

(2)  Subject to this Act, the Commissioner –

(a) may make any investigations that the Commissioner considers appropriate; and

(b) may conduct an investigation in any manner that the Commissioner considers appropriate, including in private; and

(c) must observe the rules of natural justice.

(3)  If the Commissioner considers that a matter raised with the Commissioner for investigation, or a matter raised by or during the course of an investigation, should be investigated by another person that has functions under any law of Tasmania, another State, a Territory or the Commonwealth, the Commissioner may do either or both of the following:

(a) refer the matter to the other person (as the case requires) for investigation;

(b) refuse to investigate the matter.

(4)  If the Commissioner has a direct or indirect interest in a matter being considered, or about to be considered, in an investigation, the Commissioner must –

(a) delegate the matter to another person for investigation; or

(b) if appropriate, refer the matter for investigation by another person or body under subsection (3) .

(5)  Subject to subsection (6) and section 16 , the Commissioner's powers to investigate a matter are not affected by the matter having been referred under subsection (3) to another person for investigation.

(6)  Subject to section 16 , the Commissioner must conduct an investigation into a matter relating to integrity, or animal welfare, in racing referred to the Commissioner by the TRAB.

18 Conduct of investigations

(1)  In conducting an investigation under this Division, the Commissioner, by notice given to a person, may require or direct the person to do all or any of the following:

(a) to provide the Commissioner or any person assisting the Commissioner with any information or explanation that the Commissioner requires;

(b) to produce to the Commissioner or any person assisting the Commissioner any record, information, material or thing in the custody or possession or under the control of a person.

(2)  A person who, without reasonable excuse, fails to comply with a requirement or direction under subsection (1) within 14 days of receiving it commits an offence.

Penalty:  Fine not exceeding 50 penalty units.

(3)  For the purpose of obtaining any record, information, material or thing under subsection (1) , the Commissioner may –

(a) inspect and take copies of or take extracts from any such record, information, material or thing; and

(b) require or direct any person to give such assistance as may be required.

(4)  Any record, information, material or thing obtained by the Commissioner may be used for the purposes of the investigation or any subsequent inquiry under Division 4 .

(5)  For the avoidance of doubt, the Commissioner may exercise a power under this section in respect of a person, regardless of whether –

(a) the person is in Tasmania or elsewhere; or

(b) compliance with a requirement under this section requires information, or documents, that are in Tasmania or elsewhere.

(6)  A person complying with a requirement or direction of the Commissioner under this section cannot, by virtue of complying with that requirement or direction –

(a) be held to have breached any code of professional etiquette or ethics; or

(b) be taken to have departed from acceptable standards of professional conduct; or

(c) be taken to have contravened any confidentiality requirements of any Act.

19 Procedure on completion of investigation

(1)  On completion of an investigation, the Commissioner may –

(a) make recommendations under section 12 ; or

(b) proceed to an inquiry; or

(c) make a report in relation to the matter to such person or body as the Commissioner considers appropriate; or

(d) refer the matter to such person or body as the Commissioner considers appropriate, with a recommendation as to actions that should be taken in relation to the matter; or

(e) determine that no further action is to be taken in respect of the matter.

(2)  The Commissioner must not disclose any information under subsection (1) if the Commissioner considers that the disclosure of the information would –

(a) not be in the public interest or in the interests of justice; or

(b) put a person's safety at risk; or

(c) prejudice any criminal proceedings or criminal investigations, or other investigations; or

(d) otherwise contravene any applicable statutory obligations or involve the unreasonable disclosure of information relating to the personal affairs of any person.

20 Disclosure of information by Commissioner

(1)  The Commissioner may provide or disclose any information received or obtained by the Commissioner to a person or body specified in subsection (2) if the Commissioner considers that –

(a) the information is relevant to the performance of the functions or the exercise of the powers of the person or body; and

(b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information.

(2)  For the purposes of subsection (1) , the following persons or bodies are specified:

(a) the Secretary of the Department;

(b) the Commissioner of Police or a police officer authorised in writing by the Commissioner of Police;

(c) the Commissioner of the Australian Federal Police or a member of the Australian Federal Police authorised in writing by that Commissioner;

(d) Tasracing;

(e) the Integrity Commission established by the Integrity Commission Act 2009 ;

(f) the Ombudsman;

(g) the TRAB;

(h) a Minister of the Crown;

(i) the Advisory Committee;

(j) the Auditor-General;

(k) a local authority;

(l) a State Service Agency;

(m) any other person or body to which the Commissioner has referred a matter for investigation;

(n) such other persons or bodies as may be prescribed.

Division 4 Inquiries

Subdivision 1 General powers and procedures

21 Holding of inquiries

(1)  The Commissioner must inquire into any matter referred to the Commissioner for an inquiry by the Minister.

(2)  The Commissioner may hold an inquiry into any matter in racing that the Commissioner considers appropriate, including, but not limited to, matters relating to integrity in racing and animal welfare.

22 Conduct of inquiries

(1)  In holding an inquiry, the Commissioner –

(a) is to proceed with as little formality and technicality, and with as much expedition, as a proper consideration of the matter permits; and

(b) must observe the rules of natural justice; and

(c) may proceed with and determine the inquiry notwithstanding the absence of a person who has been required to appear; and

(d) may adjourn the inquiry from time to time or from place to place as the Commissioner thinks fit; and

(e) except as provided by this Act, may determine the Commissioner’s own procedure in holding an inquiry.

(2)  The Commissioner has power to –

(a) control the Commissioner’s proceedings; and

(b) maintain order at any hearing of an inquiry or other proceedings of the Commissioner.

(3)  The Commissioner may request the Commissioner of Police to assist the Commissioner in maintaining order at any hearing of an inquiry or other proceeding conducted by the Commissioner.

(4)  The Commissioner of Police is authorised and required to accede to a request made under subsection (3).

23 Hearings to be public

(1)  Subject to subsection (2) and Subdivision 2 , the hearing of an inquiry is to be open to the public.

(2)  The Commissioner may refuse to admit the public or any person to a hearing if the Commissioner is satisfied that the public interest in an open hearing is outweighed by any other consideration, including public security, privacy of personal or financial affairs and the right of any person to a fair trial.

(3)  If the Commissioner intends to take or receive evidence at the hearing of an inquiry which is not open to the public, the Commissioner must announce that intention during a previous hearing which is open to the public and state, in general terms, the reasons why the Commissioner intends to hold a closed hearing.

24 Control of public reporting

(1)  The Commissioner may, by order, prohibit or restrict the public reporting of a hearing of an inquiry, or the publishing of any evidence taken or received by the Commissioner at a hearing, if the Commissioner is satisfied that the public interest in the reporting of that hearing or the publishing of that evidence is outweighed by any other consideration, including public security, privacy of personal or financial affairs and the right of any person to a fair trial.

(2)  An order under subsection (1) is to be made during a hearing which is open to the public and, on making the order, the Commissioner must state, in general terms, the reasons for making the order.

(3)  A person must comply with an order of the Commissioner made under subsection (1) .

Penalty:  In the case of –

(a) an individual, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years; or

(b) a body corporate, a fine not exceeding 1 000 penalty units.

25 Referral of questions of law

(1)  In this section –

parties means persons who have been given leave to appear before an inquiry or have been interviewed by the Commissioner for the purposes of an inquiry.

(2)  The Commissioner may refer a question of law arising in the course of an inquiry to the Supreme Court for decision.

(3)  If the Commissioner refers a question of law to the Supreme Court for decision, the Commissioner may –

(a) conclude the inquiry subject to the decision; or

(b) adjourn the inquiry until the decision is given.

(4)  A question of law may be referred to the Supreme Court in the form of a special case drawn up by the parties to the inquiry or, if there are no parties to the inquiry or the parties cannot agree, by the Commissioner.

(5)  The decision of the Supreme Court on a question of law referred to it under this section is final and is binding on the Commissioner and the parties to the inquiry.

26 Allegations of misconduct

(1)  In this section –

misconduct means conduct by a person that could reasonably be considered likely to result in a criminal charge, civil liability, disciplinary proceedings, or other legal proceedings, being brought against that person in respect of the conduct.

(2)  If the Commissioner is satisfied that –

(a) an allegation of misconduct involving a person has been or should be made in an inquiry; and

(b) that person should be required, or is likely to be required, to give evidence in the inquiry in relation to the allegation –

the Commissioner must give that person notice of –

(c) the allegation; and

(d) the substance of the evidence, or nature and substance of anticipated evidence, supporting the allegation.

(3)  A notice under subsection (2) is to be given to a person within a reasonable period, to be not less than 48 hours, before the person is called to give evidence in relation to the allegation.

(4)  Subsection (3) does not apply in respect of a person given a notice under subsection (2) if –

(a) the allegation specified in the notice relates to misconduct by the person in respect of the giving, or presentation, of evidence in the inquiry; or

(b) the person waives the reasonable period, referred to in subsection (3) , in respect of the allegation specified in the notice.

(5)  A person who receives notice of an allegation of misconduct may respond to that allegation by doing all or any of the following:

(a) making oral or written submissions to the Commissioner;

(b) giving evidence to the Commissioner to contradict or explain the allegation or evidence, including the giving of oral evidence under examination by the person's counsel;

(c) cross-examining the person making the statement constituting the allegation or evidence;

(d) calling witnesses on matters relevant to the allegation or evidence.

(6)  For the purposes of subsection (5)  –

(a) the Commissioner must allow the person a reasonable period in which to prepare the response; and

(b) the person may be represented by counsel as of right.

(7)  In determining what constitutes a reasonable period for the purposes of subsections (3) and (6)(a) , the Commissioner may have regard to such matters as the Commissioner considers relevant in the circumstances.

(8)  The Commissioner must not make a finding of misconduct against a person unless the person has been given notice of the misconduct and an opportunity to respond to the notice in accordance with this section.

27 Commissioner's findings

(1)  The Commissioner, on completion of an inquiry, is to submit a report of the Commissioner's findings and recommendations to the Minister.

(2)  Subject to section 26(8) , in the report to the Minister the Commissioner may make a finding of fact on or in respect of any matter into which the Commissioner inquires.

(3)  In the report the Commissioner must not express a conclusion of law in respect of the legal liability of a person.

(4)  If, in the report, the Commissioner intends to make a finding that is an adverse finding in respect of a person, the Commissioner must –

(a) notify the person in writing of –

(i) the Commissioner’s intention to make the adverse finding in respect of the person; and

(ii) the details of the adverse finding; and

(b) allow the person at least 10 working days to make representations to the Commissioner in respect of the adverse finding before the report is finalised.

(5)  If the report of the Commissioner makes an adverse finding in respect of a person, the rules of procedural fairness apply in respect of that person and that finding.

(6)  The report of the Commissioner is not admissible in legal proceedings to prove a fact found by the Commissioner.

(7)  The report under subsection (1) to the Minister in respect of an inquiry is to be in writing.

(8)  A copy of the report is to be tabled in each House of Parliament within 10 sitting-days after the day on which it is received by the Minister.

(9)  The Commissioner may recommend to the Minister the omission of a part of the report before it is tabled in Parliament if satisfied that the public interest in the disclosure of the matters set out in that part of the report is significantly outweighed by any other consideration, including public security, privacy of personal or financial affairs or the right of any person to a fair trial.

(10)  The omission of a part of the report is to be clearly indicated on a copy of the report tabled in Parliament.

Subdivision 2 Private sessions

28 Private sessions

(1)  The Commissioner may hold a private session to obtain information in respect of any matter into which the Commissioner is inquiring.

(2)  The Commissioner may engage counsel or any other person to help the Commissioner hold a private session.

(3)  A private session under subsection (1)  –

(a) is not a hearing of an inquiry; and

(b) must be held in private; and

(c) subject to this Act, may be held as determined by the Commissioner.

(4)  A person who appears at a private session under subsection (1)  –

(a) is not a witness before the Commissioner; and

(b) does not give evidence to the Commissioner.

(5)  Despite subsection (4)(a) , section 37 applies to a person who appears at a private session under subsection (1) as if that person had been a witness to an inquiry.

(6)  Information that relates to an individual, that has been given to the Commissioner solely for the purposes of a private session or proposed private session, may be included in a report or recommendation of the Commissioner only if the information –

(a) is also given in evidence to the Commissioner other than at a private session; or

(b) does not disclose the identity of, or lead to the identification of, the individual.

29 Legal effect of private sessions

(1)  The following are not admissible in evidence against a person in any civil or criminal proceedings, other than proceedings for an offence against section 30 , in any court:

(a) a statement or disclosure made by the person –

(i) at a private session; or

(ii) to the Commissioner solely for the purposes of a private session or proposed private session;

(b) the production of a document or other thing by the person at a private session.

(2)  A person who appears, or is authorised to be, at a private session has the same protection and immunity, and is subject to the same liabilities in respect of any civil or criminal proceedings, as a witness has in a case tried in the Supreme Court.

(3)  Counsel who appears on behalf of another person at a private session or is engaged to help the Commissioner conduct a private session has the same protection and immunity as counsel appearing for a party in proceedings in the Supreme Court.

(4)  The Commissioner has, in conducting a private session, the same protection and immunity as a judge of the Supreme Court.

30 Offences relating to private sessions

(1)  A person must not make a record of, use or disclose information that –

(a) was obtained by the person at a private session; or

(b) was given at a private session and obtained by the person before, or after, the information was so given; or

(c) was given to the Commissioner for the purposes of a private session or proposed private session.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(2)  Subsection (1) does not apply if –

(a) the disclosure of the information was required or authorised under this Act, or any other Act, in order to ensure the safety and welfare of an animal, a class of animals, a person or a class of persons; or

(b) the record, use or disclosure of the information was for the purposes of performing functions, or exercising powers, under this Act by the Commissioner; or

(c) the person is authorised under this Act to make the record of, or to use or disclose, the information and only records, uses or discloses the information in accordance with this Act; or

(d) the information is recorded, used or disclosed with the consent of –

(i) in relation to information referred to in subsection (1)(a) or (b) , the person who gave the information at the private session and each person referred to in the information; and

(ii) in relation to information referred to in subsection (1)(c) , the person who gave the information to the Commissioner; or

(e) the information that is recorded, or used or disclosed, does not disclose the identity of, or lead to the identification of, a person who has not given consent to the recording, use or disclosure of that information.

(3)  Except as provided in subsection (2) , nothing in this Act, or any other Act, authorises the making of a record, or the use or disclosure, of information provided at a private session or for the purposes of a private session or proposed private session.

(4)  Section 50 applies in relation to a person who gives information at, or produces a document or thing to, a private session as if –

(a) a reference to a witness in section 50(1) were a reference to a person who attends a private session under this Subdivision; and

(b) a reference to a person giving evidence, or producing or surrendering a document or thing, in section 50(2) or (3) were a reference to a person attending, or producing or surrendering a document or thing to, a private session under this Subdivision.

Subdivision 3 Evidence and witnesses

31 Rules of evidence

(1)  The Commissioner is not bound by any rule of law which relates to evidence in judicial proceedings.

(2)  Subject to section 26(5) , the Commissioner may refuse to receive any evidence.

32 Admissibility of evidence in other proceedings

Evidence given by a person before an inquiry is not admissible in subsequent legal proceedings other than proceedings against that person under this Act.

33 Notices to witnesses

(1)  The Commissioner may, by notice served on a person, require that person to appear before an inquiry to do either or both of the following:

(a) give evidence;

(b) produce to the Commissioner, or a person designated by the Commissioner, any document or thing in that person's possession or control which the Commissioner considers relevant to an inquiry.

(2)  The Commissioner must not require a person to give evidence about a matter if that person has been charged with an offence in respect of that matter.

(3)  Subsection (2) does not apply if the charge has been finally disposed of.

(4)  If the Commissioner considers it expedient to do so because of the distance a person resides from the place at which the Commissioner would otherwise require that person to attend to give evidence, or because of any other consideration, the Commissioner may appoint another person to take the evidence of that person and report that evidence to the Commissioner.

(5)  If a person required or directed to give evidence to the Commissioner is –

(a) a prisoner or detainee under the Corrections Act 1997 or the Youth Justice Act 1997 ; or

(b) a patient detained in an approved hospital under the Mental Health Act 2013 ; or

(c) a person who is subject to a restriction under the Criminal Justice (Mental Impairment) Act 1999  –

the notice requiring or directing the person to provide any information or explanation authorises and requires the Director of Corrective Services, the Secretary within the meaning of the Youth Justice Act 1997 , the controlling authority of the approved hospital or the responsible medical officer, within the meaning of the Criminal Justice (Mental Impairment) Act 1999 , to allow the person to provide that information or explanation to the Commissioner in accordance with the notice.

(6)  A person who has been required by the Commissioner to appear before an inquiry must continue to attend the inquiry from day to day until the Commissioner excuses that person from so attending.

34 Notice to produce document or statement

(1)  The Commissioner may, by notice served on a person, require the person to –

(a) prepare a document for or statement to the Commissioner, or a person designated by the Commissioner, containing the information known by the person in respect of the matter specified in the notice; and

(b) give the document or statement so prepared to a person by the time, and at the place or in the manner, specified in the notice.

(2)  The Commissioner must not require a person to prepare a document or statement under subsection (1) if that person has been charged with an offence in respect of the matter to which the document or statement relates.

(3)  Subsection (2) does not apply if the charge has been finally disposed of.

(4)  A notice under this section served by the Commissioner on a person may form, but is not required to form, part of a notice served under section 33 by the Commissioner on that person.

35 Privilege does not apply in certain circumstances

If a person refuses to prepare or produce a document or statement as required under section 33 or 34 on the grounds that the document or statement, or the information contained in the document or statement, is protected by privilege –

(a) the Commissioner may require the production of the document or statement to assess whether privilege so applies; and

(b) the production of the document or statement to the Commissioner, or the use of the document or statement by the Commissioner, does not affect whether the document or statement is protected by privilege in any other circumstances.

36 Powers in relation to witnesses

If the Commissioner is satisfied that it is necessary in the circumstances, the Commissioner may do one or more of the following in respect of a person giving evidence to the Commissioner:

(a) permit the person to give evidence anonymously or under a pseudonym;

(b) use any means that the Commissioner considers appropriate to prevent the direct, or indirect, identification of the person;

(c) identify the person as potentially vulnerable and apply any special evidentiary procedures, or measures, that may be appropriate, including but not limited to measures under the Evidence (Children and Special Witnesses) Act 2001 whether or not the prerequisites under that Act for those measures are met.

37 Compensation for witnesses

A person who is required by the Commissioner to attend the hearing of an inquiry is entitled to be paid such allowances and expenses as are prescribed or, if not prescribed, as the Commissioner determines.

Subdivision 4 Obtaining evidence

38 Interpretation of Subdivision

In this Subdivision –

reasonable excuse, in relation to an act by a person, means –

(a) if the person is a witness, or is providing information to the Commissioner, an excuse that would excuse the act by a witness in proceedings of a similar nature in a court of law; or

(b) if the person is the subject of a notice, or warrant, in relation to the Commissioner, an excuse that would excuse the act by a person summoned before a court of law in proceedings of a similar nature in the court; or

(c) in any case, an excuse that the Commissioner considers reasonable in the circumstances in relation to the act by the person.

39 Power of entry, search and seizure

(1)  If the Commissioner believes on reasonable grounds that a document or thing that the Commissioner considers relevant to an inquiry is in any place, building or vehicle, the Commissioner may apply to a magistrate for a warrant.

(2)  A magistrate to whom an application under subsection (1) is made may issue a warrant if satisfied that –

(a) the document or thing referred to in the application is relevant to the inquiry; and

(b) there are reasonable grounds to suspect that the document or thing is in the place, building or vehicle referred to in the application.

(3)  A warrant issued under this section authorises the person named in the warrant, together with any police officer on whom that person calls for assistance, to –

(a) enter and search the place, building or vehicle specified in the warrant, using such force as is reasonably necessary; and

(b) take possession on behalf of the Commissioner of the document or thing in respect of which the warrant has been issued.

(4)  A warrant issued under this section may be made subject to any conditions that the magistrate considers appropriate.

(5)  If the Commissioner obtains possession of a document or thing as a result of a search conducted pursuant to a warrant issued under this section, the Commissioner –

(a) may retain the document or thing until the conclusion of the inquiry or until the document or thing is no longer required by the Commissioner; and

(b) must then return the document or thing to a person from whose possession or custody it was taken.

40 Power to examine under oath

The Commissioner may –

(a) administer an oath to a person appearing before an inquiry to give evidence; and

(b) examine a person under oath.

41 Self-incrimination

A person is not excused from answering a question asked by the Commissioner at an inquiry, or from producing a document or thing to the Commissioner, on the ground that the answer to the question or the production of the document or thing might incriminate or tend to incriminate that person.

42 Failure to give or produce evidence is contempt

(1)  A person who has been served with a notice under section 33(1) and who fails, without reasonable excuse, to appear before an inquiry or produce the document or thing specified in the notice is guilty of contempt.

(2)  Punishment for contempt, or liability to be so punished, does not excuse a person referred to in subsection (1) from complying with the requirement to appear before an inquiry or to produce a document or thing to the Commissioner.

(3)  The Commissioner may apply to a magistrate for a warrant to have a person referred to in subsection (1) apprehended and brought before the Commissioner.

(4)  A magistrate to whom an application under subsection (3) is made may issue a warrant if satisfied that the person who is the subject of the application –

(a) has been served with a notice under section 33(1) ; and

(b) has failed, without reasonable excuse, to appear before an inquiry or produce the document or thing specified in the notice.

(5)  A warrant issued under this section authorises any police officer to –

(a) apprehend the person named in the warrant and bring that person before the Commissioner; and

(b) detain that person in custody to secure the person's attendance before the Commissioner.

(6)  A police officer executing a warrant issued under this section is, for that purpose, authorised to enter and search any place, building or vehicle, using such force as is reasonably necessary.

(7)  A person who is apprehended and detained in custody pursuant to a warrant issued under this section may apply to a judge of the Supreme Court to be released from custody.

(8)  The release of a person from custody under this section may be made subject to any conditions that the judge considers appropriate.

43 Other contempts

A person is guilty of contempt if that person –

(a) being called on or examined as a witness before an inquiry, without reasonable excuse –

(i) refuses to be sworn or make an affirmation; or

(ii) refuses or otherwise fails to answer a question put to that person by the Commissioner in respect of the matter into which the Commissioner is inquiring; or

(iii) refuses to answer a question properly put by a witness or counsel authorised to appear for a witness; or

(b) having appeared before an inquiry as a witness, fails to continue to attend at an inquiry from day to day without having been excused from doing so by the Commissioner; or

(c) does any act which, if the Commissioner were a court of law having power to commit for contempt, would be in contempt of that court.

Subdivision 5 Dealing with contempt

44 Show cause procedure

(1)  If the Commissioner considers that a person has or may have done an act so as to be guilty of contempt, the Commissioner may, by notice served on that person, call on that person to show cause why the Commissioner should not certify the contempt to the Supreme Court under section 46 .

(2)  A person on whom a notice to show cause is served may do all or any of the following in support of the person's case:

(a) make oral or written submissions to the Commissioner;

(b) give evidence to the Commissioner, including the giving of oral evidence under examination by the person's counsel;

(c) call witnesses.

(3)  For the purposes of subsection (2) , the person called on to show cause may be represented by counsel as of right.

45 Review of decision to certify contempt

(1)  A person who is aggrieved by a decision of the Commissioner to certify a contempt by that person to the Supreme Court may move that court to review that decision.

(2)  Section 107 of the Justices Act 1959 applies to a review of a decision of the Commissioner referred to in subsection (1) as if –

(a) the decision were an order of justices; and

(b) the reference in section 107(3)(b)(ii) of that Act to the clerk to the justices were a reference to the Commissioner; and

(c) the reference in section 107(4) of that Act to the justices were a reference to the Commissioner.

46 Punishment for contempt

(1)  Subject to section 44 , the Commissioner may certify a contempt to the Supreme Court.

(2)  If a contempt is certified to the Supreme Court –

(a) the Supreme Court must inquire into the matter; and

(b) having regard to the evidence produced against and by or on behalf of the person named in the Commissioner's certificate, the Supreme Court may, if satisfied that the person is guilty of the contempt, punish the person in the same manner and to the same extent as would be the case if the person had committed the contempt in relation to the Supreme Court.

(3)  The Rules of Court of the Supreme Court apply, with any necessary modification, to the Supreme Court's consideration and punishment of a contempt in relation to the Commissioner.

47 Fines for contempt

If the Supreme Court imposes a fine on a person for contempt of the Commissioner, Part 4 of the Monetary Penalties Enforcement Act 2005 applies in relation to the payment of that fine as if it were a fine imposed under section 7 of the Sentencing Act 1997 .

Subdivision 6 Miscellaneous

48 Representation

(1)  A natural person, corporation, club, association or other body of persons appearing before the Commissioner may be represented by counsel or any other person.

(2)  The Commissioner may engage counsel or any other person to help the Commissioner hold an inquiry.

(3)  The Commissioner has, in holding an inquiry, the same protection and immunity as a judge of the Supreme Court.

(4)  A counsel or other person who –

(a) appears before or makes representations to the Commissioner on behalf of a party to an inquiry, a witness at an inquiry or a person whose conduct is an issue in an inquiry; or

(b) is engaged to help the Commissioner hold an inquiry –

has, in that capacity, the same protection and immunity as counsel appearing for a party in proceedings in the Supreme Court.

(5)  A witness who appears before an inquiry has the same protection and immunity as a witness appearing before the Supreme Court.

49 Evidentiary provisions

Section 181 has the same application to inquiry proceedings as it has to proceedings on the hearing of a charge for an offence against this Act.

50 Offences

(1)  A person must not intentionally prevent, or intentionally try to prevent, a person who is required by the Commissioner to appear before the Commissioner from attending as a witness or producing any document or thing to the Commissioner for the purposes of an inquiry.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(2)  A person must not use, cause, inflict or procure any violence, punishment, damage, loss or disadvantage to another person for or on account of –

(a) that other person having given evidence before an inquiry or produced or surrendered any document or thing to the Commissioner for the purposes of an inquiry; or

(b) any evidence given by that other person before an inquiry or any document or thing produced or surrendered by that other person to the Commissioner for the purposes of an inquiry.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(3)  An employer must not dismiss an employee from employment, or prejudice an employee in employment, for or on account of –

(a) that employee having given evidence before an inquiry or produced or surrendered any document or thing to the Commissioner for the purposes of an inquiry; or

(b) any evidence given by that employee before an inquiry or any document or thing produced or surrendered by that employee to the Commissioner for the purposes of an inquiry.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(4)  In any proceedings for an offence under subsection (3) , it lies on the employer to prove, on the balance of probabilities, that the employee shown to have been dismissed from or prejudiced in employment was so dismissed or prejudiced for some reason other than a reason specified in subsection (3) .

Division 5 Reporting

51 Annual report by Commissioner

(1)  Within 3 months after the end of each financial year, the Commissioner must provide to the Minister an annual report on the performance of the functions, and the exercise of the powers, of the Commissioner during the previous financial year.

(2)  Without limiting the generality of subsection (1) , the Commissioner must include in the Commissioner’s annual report the following in respect of the previous financial year –

(a) any recommendation made by the Commissioner under this Act;

(b) any direction given by the Commissioner under this Act;

(c) any non-compliance with recommendations made or directions given by the Commissioner under this Act;

(d) any matter referred to the Commissioner by the Minister under section 21 ;

(e) any report made by the Commissioner under section 27(1) ;

(f) any request made by the Minister to the Commissioner under section 54 ;

(g) any recommendation made in relation to a plan, or the amendment of a plan, under section 61 .

(3)  For the avoidance of doubt, the Commissioner must not disclose any information under subsection (2)(a) in an annual report if the Commissioner did not include that information in a recommendation under section 12 because of the operation of section 19(2) .

(4)  Before 30 November in each year, the Minister must cause a copy of the annual report for the preceding financial year to be laid before each House of Parliament.

(5)  If the Minister is unable to comply with subsection (4) for any reason other than that a House of Parliament is not sitting, the Minister must cause to be laid before each House of Parliament a statement specifying –

(a) the reasons for the failure to comply with that subsection; and

(b) an estimate of the day by which a copy of the annual report will be ready to be laid before each House of Parliament.

(6)  If the Minister is unable to comply with subsection (4) because a House of Parliament is not sitting, the Commissioner must –

(a) forward a copy of the annual report to the Clerk of that House; and

(b) within the next 7 sitting-days of that House, cause a copy of the annual report to be laid before that House.

52 Report to Minister on failure by Tasracing to comply with requirements

(1)  The Commissioner may advise the Minister of a failure by Tasracing to do any of the following:

(a) submit a plan under section 61 ;

(b) comply with a recommendation of the Commissioner under this Act;

(c) comply with a direction of the Commissioner under section 13 .

(2)  Before advising the Minister under subsection (1) , the Commissioner must –

(a) give Tasracing written notification of its intention to advise the Minister; and

(b) give Tasracing 14 days to provide a written response to the notification under paragraph (a) before advising the Minister of the failure.

(3)  If Tasracing provides a written response to a notification under subsection (2)(a) in relation to a failure, the Commissioner must give a copy of that response to the Minister with the advice of the failure.

Division 6 Integrity and Animal Welfare Standards

53 Integrity and Animal Welfare Standards

(1)  The Commissioner is to prepare and issue standards including, but not limited to, standards relating to integrity and animal welfare.

(2)  The Commissioner may prepare and issue standards as a result of a request of the Minister under section 54 .

(3)  The Standards may provide for any matter relating or incidental to the conduct of racing.

(4)  Without limiting subsection (3) , the Standards may make provision with respect to the following matters:

(a) the welfare of animals that are or have been involved in racing;

(b) integrity in racing, including but not limited to, the setting of licence and registration standards and criteria;

(c) the number of stewards required to –

(i) officiate at race meetings; and

(ii) officiate at race trials; and

(iii) perform any other functions pursuant to the Rules of Racing;

(d) animal welfare operations, including stable and kennel inspections;

(e) the testing (including swabbing) of animals and humans in racing, both in competition and out of competition;

(f) the keeping, treatment, handling and care of greyhounds and horses;

(g) the facilities, equipment and conditions at premises where greyhounds and horses are kept, trialled, trained or raced;

(h) the procedures and practices to be adopted in relation to the keeping, trialling, training and racing of greyhounds and horses;

(i) the lifetime traceability of greyhounds and horses;

(j) the qualifications, attributes or other criteria for persons applying for licences or registration;

(k) minimum training required to be completed by persons employed by or engaged in the racing industry;

(l) the administration, licensing, registering and regulation of bookmakers and bookmaker’s agents;

(m) the conditions on, and requirements relating to, the conduct of bookmaking and betting in the racing industry, including conditions and requirements to ensure integrity;

(n) the publication of race field information;

(o) the imposition of licence and registration fees;

(p) the issuing of warning-off notices and exclusion notices under section 124 ;

(q) such other matters as may be prescribed.

(5)  In making any Standards under this section, the Commissioner is to have regard to the following:

(a) any animal welfare standards or animal welfare guidelines issued under the Animal Welfare Act 1993 that are applicable to racehorses and racing greyhounds;

(b) the functions and powers of Tasracing.

(6)  The Commissioner may –

(a) amend the Standards issued under subsection (1) or (2) ; or

(b) revoke the Standards issued under subsection (1) or (2) and substitute new Standards in accordance with that subsection.

(7)  The Commissioner, before making, amending or revoking any Standards –

(a) is to consult with the Advisory Committee; and

(b) is to consult with Tasracing; and

(c) may consult with such other persons as the Commissioner thinks fit.

(8)  The Standards –

(a) must specify the day on which the Standards are, or the amendment is, to take effect; and

(b) may be made so as to apply differently according to such factors as are specified in the Standards; and

(c) may adopt, either wholly or in part and with or without modification, either specifically or by reference, any standards, rules, codes, guidelines or other documents.

(9)  A standard, rule, code, guideline or other document, adopted under subsection (8)(c) may be adopted –

(a) as in force at the time of the adoption; or

(b) as amended from time to time after it is adopted.

(10)  The Standards must be consistent with this Act and the public interest.

(11)  If there is an inconsistency between the Standards and this Act, the Standards are invalid to the extent of the inconsistency.

(12)  The Commissioner is to ensure that the Standards, as in force, are published on a website operated by, or on behalf of, the Commissioner.

(13)  The Acts Interpretation Act 1931 applies to the interpretation of the Standards as if the Standards were by-laws.

(14)  The Standards are not –

(a) statutory rules; or

(b) subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .

(15)  All courts, judges and persons acting judicially are to –

(a) take judicial notice of the Standards as amended from time to time; and

(b) admit as evidence a copy of those Standards, as amended from time to time, if the copy is certified as a true copy by the Commissioner.

54 Request by Minister to prepare Standards

(1)  The Minister may make a written request that the Commissioner develop and issue Standards for such matters relating to racing as are specified in the request.

(2)  Before making a request under subsection (1) , the Minister –

(a) must consult with the Commissioner; and

(b) may consult with the Treasurer.

(3)  In making a request under this section, the Minister is to have regard to the functions and powers of Tasracing.

(4)  If the Commissioner decides not to comply with a request of the Minister under this section, the Commissioner must provide the Minister with written reasons for that decision.

Part 3 Integrity and Animal Welfare Advisory Committee

55 Integrity and Animal Welfare Advisory Committee

(1)  There is established an Integrity and Animal Welfare Advisory Committee.

(2)  The Integrity and Animal Welfare Advisory Committee consists of the following persons:

(a) the Commissioner;

(b) a person nominated by Tasracing;

(c) a person from the department responsible for the administration of the Biosecurity Act 2019 , nominated by the Secretary of that department;

(d) a person from the department responsible for the administration of the Animal Welfare Act 1993 , nominated by the Secretary of that department;

(e) a person nominated by the RSPCA;

(f) such other persons as are nominated by the Commissioner.

(3)  The members of the Integrity and Animal Welfare Advisory Committee are to be appointed by the Minister on such terms and conditions as determined by the Minister.

(4)  The Advisory Committee is to consist of no more than 7 members.

(5)  A member of the Advisory Committee may, with the approval of the Minister, appoint a person nominated, by the organisation or department which the member represents, as the member’s deputy.

(6)  If a nomination under subsection (2) is not made within 30 days after the date on which that nomination is required by the Minister to be made, the Minister may appoint a suitably qualified person for appointment under that subsection.

(7)  The Advisory Committee must meet –

(a) at least once every quarter; and

(b) at any reasonable time at the request of at least half of the members of the committee.

(8)  The Minister, on the recommendation of the Commissioner, is to appoint a person as chairperson of the Advisory Committee.

(9)  Schedule 2 has effect with respect to members and meetings of the Advisory Committee.

56 Functions and powers of Advisory Committee

(1)  The Advisory Committee has the following functions:

(a) to advise the Commissioner on any matter relating to –

(i) the welfare of animals involved in racing; and

(ii) biosecurity matters relating to racing; and

(iii) integrity in racing;

(b) to advise the Commissioner on any matters referred to it by the Commissioner;

(c) to provide a forum for consultation on policy matters relating to integrity in racing and animal welfare;

(d) such other functions as are prescribed.

(2)  The Advisory Committee has such other functions as are conferred or imposed on it by or under this or any other Act.

(3)  The Advisory Committee may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions or the exercise of its powers.

Part 4 Racing Integrity Committee

57 Racing Integrity Committee

(1)  There is established a Racing Integrity Committee.

(2)  The Racing Integrity Committee consists of the following persons:

(a) 2 persons appointed by the Minister, one of whom is to be appointed by the Minister as the Chairperson;

(b) 2 persons who are on the Board.

(3)  The following persons are not eligible to be appointed as a member of the Racing Integrity Committee under subsection (2)(a) :

(a) the Commissioner;

(b) a person who is an employee, officer, director, Board member or member of Tasracing, a racing club or a racing industry association;

(c) a person who is a State Service officer or State Service employee;

(d) an owner or breeder of greyhounds or horses;

(e) any person who has or obtains a financial or proprietary interest in a greyhound or a horse, other than a greyhound or horse that has retired from racing;

(f) a person who is registered or licensed by Tasracing under the Rules of Racing;

(g) a bookmaker or a bookmaker’s agent.

(4)  A person is not eligible to be a member of the Racing Integrity Committee if that person holds one of the following positions in Tasracing or a position similar in nature to one of the following positions in Tasracing:

(a) chief financial officer;

(b) chief operating officer;

(c) chief executive officer.

(5)  The members of the Racing Integrity Committee are to be appointed by the Minister on such terms and conditions as determined by the Minister.

(6)  The Minister may only appoint a person to the Racing Integrity Committee if the Minister is satisfied that the person has the skills, experience and knowledge in matters that are relevant to the functions of the Racing Integrity Committee.

(7)  A person who is a member of the Racing Integrity Committee is not, by virtue of being such a member, to be regarded as being a State Service officer or State Service employee.

(8)  Schedule 3 has effect with respect to membership and meetings of the Racing Integrity Committee.

58 Functions of Racing Integrity Committee

(1)  The functions of the Racing Integrity Committee are –

(a) to give advice and make recommendations to Tasracing in relation to the administration and regulation of the racing industry; and

(b) to give advice and make recommendations to Tasracing in relation to the administration, registration and regulation of the operations of bookmakers; and

(c) to give advice and make recommendations to Tasracing in relation to the implementation of, and compliance with, the Standards by Tasracing; and

(d) to review any applications and other matters relating to licences and registration referred to the Committee by Tasracing and to give advice and make recommendations in respect of those applications and matters; and

(e) to give advice and make recommendations in relation to policies, procedures and guidelines of Tasracing that relate to its functions under this Act (having regard in particular to integrity in racing and animal welfare); and

(f) to give advice and make recommendations to Tasracing in relation to the annual integrity plan prepared by Tasracing under section 61 ; and

(g) to give advice and make recommendations to Tasracing in relation to the responsibilities and operations of the Tasracing Integrity Unit; and

(h) to give advice and make recommendations to Tasracing in relation to the appointment and dismissal of stewards and other racing officials; and

(i) to give advice and make recommendations in relation to the appointment and dismissal of the Chief Racing Integrity Officer; and

(j) such other functions as are prescribed.

(2)  The Racing Integrity Committee has such other functions as are conferred or imposed on it by or under this or any other Act.

(3)  The Racing Integrity Committee may do anything necessary or convenient to perform its functions under this or any other Act.

Part 5 Tasracing

59 General functions and powers of Tasracing

(1)  Tasracing is, with respect to racing in Tasmania, responsible for –

(a) developing a vision for the racing industry; and

(b) promoting Tasmanian racing locally, nationally and internationally; and

(c) promoting the development of an efficient and effective racing industry; and

(d) promoting the development of an efficient and effective horse and greyhound breeding industry; and

(e) corporate governance, strategic direction and funding; and

(f) providing advice to the Minister and making appropriate policy recommendations for the development of racing; and

(g) attracting sponsorship income; and

(h) allocating race dates; and

(i) race programming; and

(j) developing and maintaining racing and training venues under its control; and

(k) providing training to people employed or otherwise engaged in the racing industry having regard to the Standards; and

(l) representing the Tasmanian racing industry on national and international controlling bodies and in national and international forums; and

(m) publishing racing industry journals; and

(n) approving, in a manner not inconsistent with the Corporations Act, the operating budgets of racing clubs; and

(o) assisting racing clubs with the promotion and marketing of major race meetings and race carnivals; and

(p) determining, in consultation with the relevant racing clubs for each code of racing, a fee or series of fees for a race field information publication approval for each code of racing; and

(q) negotiating, with broadcast providers, scheduling and revenue-sharing arrangements for the broadcast of Tasmanian racing, both nationally and internationally; and

(r) representing the State and the local industry on national bodies and in national forums generally concerned with integrity in racing and related matters; and

(s) such other functions as are prescribed.

(2)  Tasracing is also responsible for –

(a) developing policies, procedures and guidelines, in respect of its functions, that are conducive to integrity, and animal welfare, in racing; and

(b) reviewing and assessing the integrity of practices and participants, and animal welfare, for all codes of racing; and

(c) advising the Racing Integrity Committee about the performance of its functions, and the exercise of its powers, under this subsection; and

(d) implementing, coordinating and monitoring compliance with the Standards for all codes of racing; and

(e) controlling race nominations, acceptances, field selections, handicapping, barrier draws and scratchings in thoroughbred racing; and

(f) controlling race nominations, acceptances, field selections, handicapping, barrier draws and scratchings in harness racing; and

(g) controlling race nominations, gradings, field selections, box draws and scratchings in greyhound racing; and

(h) ensuring that the Rules of Racing for all codes of racing are properly enforced by stewards; and

(i) the administration and registration of racing clubs; and

(j) approving registrations under the Rules of Racing; and

(k) granting licences under the Rules of Racing; and

(l) the administration and registration of bookmakers and bookmaker’s agents; and

(m) making (by drawing up its own local rules and by adopting Australian Rules of Racing) the Rules of Racing, having regard to any advice and recommendations of the Commissioner; and

(n) developing a code of conduct to be complied with by persons registered, and persons licensed, under the Rules of Racing; and

(o) determining, in consultation with the Commissioner, the licence and registration fees payable pursuant to the Rules of Racing.

(3)  Tasracing has such other functions as are conferred or imposed on it by or under this or any other Act.

(4)  Subject to subsection (5), Tasracing has power to do such things as it considers necessary or convenient for, or in connection with, the exercise or performance of any power or function conferred or imposed on it by this or any other Act.

(5)  Tasracing must perform its functions and exercise its powers in accordance with the Rules of Racing.

(6)  In the performance of its functions and exercise of its powers under this Act, Tasracing or a representative of Tasracing is to meet with the Commissioner, racing clubs and racing industry associations at least once every 3 months and report to the Commissioner, racing clubs and racing industry associations the outcomes of those meetings.

(7)  Tasracing must seek and consider the advice of the Racing Integrity Committee before making any policies, procedures and guidelines in relation to integrity in racing and animal welfare.

(8)  Tasracing must advise, and consider the advice of, the Racing Integrity Committee in relation to the preparation and implementation of the annual integrity plan prepared under section 61 .

60 Decisions in respect of licences and registration under the Rules of Racing

(1)  In this section –

specified matter means any of the following:

(a) an application for a licence, or for the renewal of a licence, under the Rules of Racing;

(b) the suspension or cancellation of a licence under the Rules of Racing;

(c) an application for registration, or re-registration, under the Rules of Racing;

(d) the suspension or cancellation of a registration under the Rules of Racing.

(2)  Tasracing may only approve the following applications under the Rules of Racing:

(a) an application for a licence or for the renewal of a licence;

(b) an application for registration or re-registration –

if satisfied that the applicant is fit and proper to hold such a licence or registration.

(3)  Before making a decision in relation to a specified matter, Tasracing may refer the matter and any supporting documentation to the Racing Integrity Committee for consideration by the Committee.

(4)  The Racing Integrity Committee is to consider any specified matter referred to the Committee under subsection (3) and may make such recommendations in relation to that matter as the Committee thinks fit.

(5)  Tasracing is to have regard to any recommendations made by the Racing Integrity Committee under subsection (4) when making a decision in relation to a specified matter referred to the Committee under subsection (3) .

(6)  Any fees payable under the Rules of Racing in respect of licences and registration are payable to Tasracing, for and on behalf of the Crown.

(7)  This section has effect despite anything to the contrary that may be contained in the Rules of Racing.

61 Tasracing to prepare and submit annual integrity plan to Commissioner for endorsement

(1)  Tasracing must prepare a plan for each financial year in respect of integrity and welfare in racing, including, but not limited to, animal welfare.

(2)  A plan under subsection (1) must be made –

(a) in respect of each code of racing; and

(b) include information relating to resourcing and budgets in respect of the matters referred to in subsection (1) .

(3)  A draft of the plan prepared under subsection (1) for a financial year must be submitted to the Commissioner for endorsement at least 2 months before the commencement of that financial year.

(4)  The Commissioner may –

(a) endorse the draft plan as submitted if satisfied that the plan is in the best interests of the industry; or

(b) give advice and make recommendations to Tasracing in relation to the amendment of the draft plan and request that Tasracing resubmit it for endorsement; or

(c) decide not to endorse the draft plan and may advise the Minister of that decision.

(5)  For the avoidance of doubt, the Commissioner’s power under subsection (4)(b) may be exercised more than once.

(6)  The Commissioner may require Tasracing to provide further information regarding a plan submitted under subsection (3) .

(7)  Any advice given and amendments recommended by the Commissioner under subsection (4)(b) must be consistent with any relevant Standards.

62 Rules of Racing

(1)  Tasracing must make Rules of Racing for the good management of the codes of racing.

(2)  Before making, amending or revoking any Rules of Racing, Tasracing must –

(a) notify the Commissioner of the proposed making, amendment or revocation of those rules; and

(b) allow the Commissioner at least 21 days to give advice and make recommendations under subsection (3) in relation to the proposed making, amendment or revocation of those rules.

(3)  The Commissioner may give such advice and make such recommendations to Tasracing in relation to the proposed making, amendment or revocation of Rules of Racing as the Commissioner thinks fit.

(4)  Rules of Racing may –

(a) be made so as to apply differently according to such factors as are specified in the rules; and

(b) authorise any matter to be determined from time to time by Tasracing, the TRAB, a racing club, steward or other person or body specified in the rules; and

(c) provide that a contravention of any of the rules is an offence; and

(d) provide, in relation to the commission of any such offence, for any, or any combination, of the following:

(i) the imposition on the offender of a fine not exceeding 750 penalty units;

(ii) disqualification of the offender;

(iii) disqualification of the horse or greyhound in respect of which the offence was committed;

(iv) the suspension of any registration or licence held under the rules by the offender;

(v) the suspension of any registration held under the rules by the horse or greyhound in respect of which the offence was committed.

(5)  Fines payable under any Rules of Racing are payable to Tasracing, for and on behalf of the Crown and, if not paid, may be recovered as a debt due to the Crown.

(6)  Tasracing –

(a) must publish any new Rules of Racing as soon as practicable after making those rules; and

(b) must publish particulars of any amendment or rescission of the Rules of Racing as soon as practicable after making that amendment or effecting that rescission; and

(c) may publish the Rules of Racing from time to time in consolidated form.

(7)  For the purposes of subsection (6), publication may be publication on a website operated by, or on behalf of, Tasracing.

63 Tasracing may require attendance at inquiry by stewards under Rules of Racing

(1)  Tasracing may, by summons to a person, require the person to –

(a) produce documents, specified in the summons, for the purposes of an investigation or inquiry conducted by stewards under the Rules of Racing; or

(b) appear to give evidence at a hearing being conducted, or to be conducted, in relation to an investigation or inquiry conducted by stewards under the Rules of Racing –

if Tasracing is of the opinion, on reasonable grounds, that the production of the document, or the giving of the evidence, as the case may be, is necessary or desirable for the purposes of the inquiry, or in relation to the matter in respect of which the inquiry by stewards is being conducted.

(2)  A person served with a summons to produce any document or appear before an inquiry conducted by stewards under the Rules of Racing must not, without reasonable excuse –

(a) fail to produce the document or attend as required by the summons; or

(b) fail to appear from time to time in the course of the inquiry by stewards as required by Tasracing.

Penalty:  Fine not exceeding 20 penalty units.

64 Miscellaneous

(1)  Rules of Racing made under this Division are not –

(a) statutory rules; or

(b) subject to section 47(3) , (3A) , (10) or (11) of the Acts Interpretation Act 1931 ; or

(c) subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .

(2)  A court or person acting judicially is to –

(a) take judicial notice of Rules of Racing made under this Division as amended from time to time; and

(b) admit as evidence a copy of any Rules of Racing made under this Division as amended from time to time, if the copy is certified by Tasracing.

65 Directions by Tasracing

(1)  In exercising a power, or performing a function, under this Act, Tasracing may give directions to the following persons:

(a) registered clubs, either individually or collectively;

(b) registered bookmakers, either individually or collectively, including directions about how they may advertise;

(c) bookmakers' agents and other persons involved in the racing industry, either individually or collectively.

(2)  The Commissioner may make a recommendation to Tasracing for a direction to be given under subsection (1) .

(3)  Tasracing may give a direction under subsection (1) on its own initiative or after considering a recommendation from the Commissioner.

66 Tasracing Integrity Unit

(1)  Tasracing is to establish a unit within it whose responsibilities include, but are not limited to –

(a) the performance of the responsibilities of Tasracing specified in section 59(2) ; and

(b) the management of persons appointed by Tasracing under section 68 .

(2)  The Chief Racing Integrity Officer is to be responsible for the operation of the Tasracing Integrity Unit.

67 Appointment of Chief Racing Integrity Officer

(1)  Tasracing is to appoint a suitably qualified person, who has a demonstrated understanding of the racing industry, as the Chief Racing Integrity Officer.

(2)  The appointment of the Chief Racing Integrity Officer under subsection (1) is subject to the approval of the Racing Integrity Committee.

(3)  Tasracing may only dismiss the Chief Racing Integrity Officer with the approval of the Racing Integrity Committee.

(4)  If the Racing Integrity Committee or the Commissioner reasonably believes that the Chief Racing Integrity Officer is not a fit and proper person to remain as the Chief Racing Integrity Officer, the Racing Integrity Committee or the Commissioner may recommend to Tasracing that it dismiss the Chief Racing Integrity Officer.

(5)  No action lies against the Racing Integrity Committee or Tasracing for or in respect of any damage or loss sustained or alleged to have been sustained by a person by reason of the refusal of the Racing Integrity Committee to approve the appointment of that person as the Chief Racing Integrity Officer.

(6)  No action lies against the Racing Integrity Committee or the Commissioner for or in respect of any damage or loss sustained or alleged to have been sustained by a person by reason of –

(a) the recommendation of the Racing Integrity Committee or the Commissioner that Tasracing dismiss that person as the Chief Racing Integrity Officer; or

(b) the approval of the Racing Integrity Committee to the dismissal of that person as the Chief Racing Integrity Officer.

68 Appointment of stewards and other racing officials

(1)  Tasracing is to, in accordance with this section, appoint –

(a) stipendiary stewards to enforce the Rules of Racing of one or more codes of racing; and

(b) betting supervisors to assist it in supervising betting; and

(c) veterinarians to assist it; and

(d) branding officers to conduct the branding of animals for one or more codes of racing; and

(e) handicappers to determine field selections and handicaps in harness races; and

(f) graders to determine field selections and grading in greyhound races; and

(g) such other persons as are necessary to support its functions and powers in relation to integrity in racing and animal welfare.

(2)  Tasracing may only appoint a person as a stipendiary steward under subsection (1)(a) if the person has the qualifications that are necessary to perform the functions of a steward.

(3)  The appointment of a stipendiary steward under subsection (1)(a) is subject to the approval of the Racing Integrity Committee.

(4)  An appointment under subsection (1) is to be on such conditions as Tasracing determines.

(5)  No action lies against Tasracing or the Racing Integrity Committee for or in respect of any damage or loss sustained or alleged to have been sustained by a person by reason of the refusal of the Racing Integrity Committee to approve the appointment of that person as a stipendiary steward under this section.

(6)  A person holding an appointment under this section may only be dismissed or suspended from office by Tasracing with the approval of the Racing Integrity Committee.

(7)  Despite any law or Rules of Racing to the contrary, a registered club is not capable of –

(a) appointing or dismissing a person as a stipendiary steward or other racing official; or

(b) authorising or requiring a person to perform, or not perform, the functions of a stipendiary steward or other racing official; or

(c) performing the functions of a stipendiary steward or other racing official in its own right.

(8)  Tasracing must not –

(a) appoint or dismiss a person as a stipendiary steward or other racing official except in accordance with this section; or

(b) authorise or require a person to perform, or not perform, the functions of a stipendiary steward or other racing official except in accordance with this section.

(9)  Any purported appointment, dismissal or authorisation contrary to this section is void.

(10)  Any purported performance of functions contrary to subsection (7)(c) is void.

(11)  A registered club must provide stipendiary stewards with such reasonable accommodation and facilities as will enable them to perform their functions in a secure and effective manner.

69 Effect of appointment under this Division

For the avoidance of doubt, the State Service Act 2000 does not apply to a person appointed under this Division.

Part 6 Tasmanian Racing Appeal Board

70 Interpretation of Part

In this Part –

chairperson means the chairperson of the TRAB;

deputy chairperson means the deputy of the chairperson.

71 Tasmanian Racing Appeal Board (TRAB)

(1)  The Tasmanian Racing Appeal Board constituted under section 25(1) of the Racing Act 1983 and continued under section 23(1) of the Racing Regulation Act 2004 continues.

(2)  The TRAB consists of 6 members.

(3)  At least 3 of the members are to be Australian legal practitioners of at least 5 years' standing and one such member is to be appointed as chairperson and the other 2 or more such members are to be appointed as deputy chairpersons.

(4)  The members, and the chairperson and deputy chairpersons, are appointed by the Governor.

(5)  Persons with experience in each code of racing are to be appointed by the Governor to attend hearings of the TRAB, when requested by the TRAB, to give advice on racing matters.

(6)  The persons appointed under subsection (5) are not members of the TRAB.

(7)  The persons appointed under subsection (5) are to be appointed for a term not exceeding 3 years and, if eligible, may be reappointed for further terms.

(8)  A member is to be appointed for a term not exceeding 3 years and, if eligible, may be reappointed for further terms.

(9)  Schedule 4 has effect in relation to the membership of the TRAB.

(10)  A person is not eligible to be a member of the TRAB if the person is –

(a) registered as a bookmaker or a bookmaker's agent; or

(b) the trainer, owner or lessee of a horse or greyhound used for racing; or

(c) the rider or driver of a horse used for racing; or

(d) a director, officer or employee of Tasracing; or

(e) a member of the Racing Integrity Committee; or

(f) a member of the Advisory Committee; or

(g) a member of a racing club committee; or

(h) an employee of a racing club; or

(i) a member of a racing industry association committee; or

(j) appointed as the Commissioner.

(11)  A member of the TRAB must not wager on a Tasmanian race meeting or with a Tasmanian registered bookmaker.

72 Delegation by chairperson

The chairperson of the TRAB may delegate any of the chairperson's functions or powers under this or any other Act, other than this power of delegation, to a deputy chairperson.

73 Role of deputy chairperson

(1)  A deputy chairperson of the TRAB assists the chairperson in the performance of the chairperson's functions.

(2)  If the chairperson is absent, a deputy chairperson nominated by the chairperson is to act as chairperson during that absence and, where so acting, may perform the functions and exercise the powers of the chairperson as fully and effectively as the chairperson.

(3)  If the office of chairperson is vacant, a deputy chairperson nominated by the Minister is to act as chairperson during the vacancy and, while so acting, may perform the functions and exercise the powers of the chairperson as fully and effectively as the chairperson.

74 TRAB secretary

The Secretary of the Department may appoint a State Service officer or State Service employee employed in the Department to be secretary to the TRAB and that officer or employee may hold that office in conjunction with State Service employment.

75 Consultation with racing industry

The chairperson and deputy chairpersons are to consult with the following persons on at least 2 occasions in a year:

(a) the chairpersons of racing industry associations and racing clubs;

(b) the Chief Racing Integrity Officer;

(c) the Commissioner;

(d) a representative of the stewards in respect of each code of racing.

76 Persons may appeal to TRAB about certain matters

(1)  A person may appeal to the TRAB if the person is –

(a) aggrieved by the decision of Tasracing or a registered club to issue the person with a warning-off notice, or an exclusion notice, under section 124 ; or

(b) aggrieved by the decision of the stewards to –

(i) impose a fine on the person; or

(ii) impose a suspension or disqualification on the person or on a horse or greyhound owned, leased or trained by the person.

(2)  An appeal does not lie to the TRAB under subsection (1)(b)(ii) if the decision alters the result of a horse race or greyhound race and the decision was made before the declaration of "correct weight" or "all clear".

(3)  If a person has a right of appeal under this section against a decision of Tasracing or a registered club, no appeal against that decision lies to Tasracing or that club, as the case may be.

(4)  If a person has a right of appeal under this section against a stewards' decision, no appeal against that decision lies to Tasracing or a registered club.

(5)  If a person has a right of appeal under this section against a decision, no appeal against that decision lies to the Commissioner.

(6)  This section has effect notwithstanding anything to the contrary that may be contained in –

(a) the Rules of Racing; or

(b) the constitution, rules or articles of the registered club; or

(c) the constitution of Tasracing.

77 Other rights of appeal to TRAB

(1)  A person may appeal to the TRAB if the person is aggrieved by a decision of Tasracing to –

(a) refuse to grant a licence, or approve a registration, under the Rules of Racing, of the person or a horse or greyhound owned, leased or trained by the person; or

(b) cancel or suspend a licence or registration under the Rules of Racing of the person or a horse or greyhound owned, leased or trained by the person; or

(c) refuse to register the person as a bookmaker or bookmaker's agent; or

(d) cancel or suspend the person's registration as a bookmaker or bookmaker's agent; or

(e) refuse to endorse the person's certificate of registration as a bookmaker with an on-course telephone betting endorsement, an off-course telephone betting endorsement or an off-course function betting endorsement; or

(f) cancel or suspend the person's on-course telephone betting endorsement, off-course telephone betting endorsement or off-course function betting endorsement; or

(g) refuse under section 155(4)(b) to issue to the person an off-course function approval; or

(h) cancel under section 141(1) and (2) or section 156(1) an off-course function approval issued to the person; or

(i) refuse to register a club of which the person is a member; or

(j) cancel or suspend the registration of a club of which the person is a member; or

(k) impose conditions on the person's licence, or registration, granted or approved under the Rules of Racing; or

(l) impose conditions on the person's registration as a bookmaker or bookmaker's agent; or

(m) impose conditions on the person's on-course telephone betting endorsement, off-course telephone betting endorsement or off-course function betting endorsement; or

(n) impose conditions on an off-course function approval; or

(o) impose conditions on the registration of a club of which the person is a member; or

(p) impose a fine on the person.

(2)  A wagering operator may appeal to the TRAB if the wagering operator is aggrieved by a decision of Tasracing to –

(a) refuse to grant approval to the wagering operator to publish Tasmanian race field information; or

(b) impose conditions, other than conditions referred to in section 128(4)(a) , in respect of a race field information publication approval; or

(c) cancel a race field information publication approval; or

(d) vary the conditions, other than conditions referred to in section 128(4)(a) , in respect of a race field information publication approval.

(3)  A person may also appeal to the TRAB if the person is –

(a) in dispute with a bookmaker regarding the placement, acceptance, payment, non-payment or amount of a bet; or

(b) aggrieved, as a registered bookmaker or bookmaker's agent, by the decision of a registered club to withdraw its permission for the person to engage in bookmaking on a racecourse under its control.

(4)  If a person has a right of appeal under this section against a decision of Tasracing or a registered club, no appeal against that decision lies to Tasracing or that club, as the case may be.

(5)  If a person has a right of appeal under subsection (1)(a) , (b) , (c) or (d) against a decision of Tasracing, no appeal against that decision lies to the Commissioner.

(6)  This section has effect despite anything to the contrary that may be contained in –

(a) the Rules of Racing; or

(b) the constitution, rules or articles of the registered club; or

(c) the constitution of Tasracing.

78 How and when should persons appeal?

(1)  An appeal is instituted by lodging a notice of appeal with the secretary to the TRAB.

(2)  The notice of appeal –

(a) is to be in a form approved by the TRAB; and

(b) must specify –

(i) the parties to the appeal, the relevant decision and the grounds of appeal; or

(ii) if section 77(3)(a) applies, the parties in dispute and the nature of the dispute.

(3)  The notice of appeal must be lodged with the secretary to the TRAB within –

(a) in the case of a minor appeal, 7 days after the making of the relevant decision; or

(b) in the case of a major appeal or an appeal under section 77(2) or section 77(3)(b) , 14 days after the making of the relevant decision; or

(c) if section 76(1)(a) applies, 14 days after the day on which the person is issued with the warning-off notice or exclusion notice; or

(d) if section 77(1) applies, 14 days after the making of the relevant decision by Tasracing; or

(e) if section 77(3)(a) applies, 60 days after the conclusion of the event to which the disputed bet relates.

79 Procedure on appeals

(1)  On the lodgment of an appeal, the secretary to the TRAB is to –

(a) request the chairperson to fix a time and place, as soon as practicable, for the hearing of the appeal; and

(b) give the parties to the appeal notice of that time and place; and

(c) give the respondent a copy of the notice of appeal; and

(d) give the parties to the appeal, as soon as practicable, a copy of the transcript, if any, of the proceedings at which the decision that is the object of the appeal was made; and

(e) in the case of an appeal under section 76(1)(b) , give the appellant, as soon as practicable, a copy of the race patrol film relating to the matter that is the object of the appeal.

(2)  For the purposes of subsection (1) , the chairperson is to make every endeavour to ensure that –

(a) a minor appeal is heard within 14 days of lodgment of the appeal; and

(b) a major appeal or an appeal under section 77 is heard within 28 days of the lodgment of the appeal.

(3)  Before an appeal is heard or consideration is given under section 85 to suspending the operation of a decision or a penalty, the appellant must pay the prescribed deposit, if any, to the secretary to the TRAB.

(4)  An appeal is not capable of being withdrawn or abandoned except by leave of the chairperson.

(5)  An application for leave to withdraw or abandon an appeal is to be –

(a) in a form approved by the TRAB; and

(b) lodged with the secretary to the TRAB.

(6)  At the hearing of an appeal, the TRAB may allow the appellant to amend the grounds of appeal if satisfied in the circumstances of the case that it would be just to do so.

(7)  In this section –

race patrol film means a visual recording of a horse race or greyhound race used by stewards in determining a matter under the Rules of Racing.

80 Constitution of TRAB for appeals &c.

(1)  For the purposes of hearing an appeal, the TRAB is properly constituted by –

(a) one, 2 or 3 members for a minor appeal; and

(b) 3 or more members for a major appeal; and

(c) 3 members for an appeal under section 77 .

(2)  The chairperson is to choose the members who are to constitute the TRAB for an appeal, but –

(a) for a minor appeal, the member chosen or, if applicable, one of the members chosen must be the chairperson or a deputy chairperson; and

(b) for a major appeal or an appeal under section 77 , the chairperson or a deputy chairperson is to be chosen as such a member.

(3)  The chairperson is to preside at all hearings of the TRAB at which the chairperson is present.

(4)  If the chairperson is not present at a hearing of the TRAB, a deputy chairperson is to preside at the hearing.

(5)  The chairperson or other member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

(6)  If the members constituting the TRAB for any hearing do not agree on a matter, the decision of the majority is the decision of the TRAB.

(7)  In choosing the members who are to constitute the TRAB for an appeal by a person, the chairperson must consider all available members and give due consideration to the nature of the issues likely to be involved in the appeal and attempt, as far as practicable, to ensure that there is not a risk of a member chosen being biased or having a conflict of interest, or being perceived to be biased or to have a conflict of interest, in relation to the appeal, by virtue of having been a member of the TRAB, or the former IAB, constituted in respect of a previous appeal to the TRAB, or the former IAB, by the person.

(8)  The Commissioner may make recommendations to the TRAB on any matter relating to the management by the TRAB of conflicts of interest in the performance and exercise of the TRAB’s functions and powers.

(9)  For the purposes of subsection (7)  –

former IAB means the IAB, as established under the Racing Regulation Act 2004 before the commencement of the Racing Regulation Amendment (Board Amalgamation) Act 2015.

81 Hearing of appeals

(1)  On the hearing of an appeal, the TRAB –

(a) is to proceed with as little formality and technicality, and with as much expedition, as a proper consideration of the appeal permits; and

(b) is to act according to equity, good conscience and the substantial merits of the case; and

(c) must observe the rules of natural justice; and

(d) may adjourn the hearing from time to time or from place to place as it thinks fit; and

(e) except as provided by this Act, may otherwise regulate its own proceedings.

(2)  Subject to section 82 , at any appeal proceedings, the presiding member is to determine any question relating to –

(a) the jurisdiction of the TRAB; and

(b) the admissibility of evidence; and

(c) law or procedure.

(3)  An appeal is to be heard and determined upon the evidence at the original hearing when the decision or finding appealed against was made, but, if the presiding member considers it to be proper, expert or other evidence may be required or admitted.

(4)  The TRAB may appoint counsel or another person with appropriate expertise or skills to help it conduct an appeal.

(5)  The appellant may request the TRAB to admit any expert or other evidence that the appellant considers necessary.

(6)  The TRAB –

(a) is to make a full and thorough investigation in open court, without regard to the forms, requirements or solemnities that might have been appropriate in legal proceedings; and

(b) may inform itself on any matter in such manner as it thinks fit, and admit any evidence considered by the presiding member to be relevant, notwithstanding that that evidence would not be admissible in a court of law; and

(c) may take into account any matters relating to, or to the administration of, racing that are within the knowledge or experience of a member of the TRAB or which have arisen in or as a result of appeal proceedings before the TRAB.

(7)  Notwithstanding subsection (6)(a), the TRAB may hear evidence in camera.

(8)  If the TRAB intends to take or receive evidence at a hearing which is not open to the public, it must announce that intention during a previous hearing which is open to the public and state, in general terms, the reasons why it intends to hold a closed hearing.

(9)  A person, other than the appellant, who is required by the TRAB to attend the hearing of an appeal is entitled to be paid such allowances and expenses as are prescribed or, if not prescribed, as the TRAB determines.

82 Referral of questions of law

(1)  The TRAB may refer a question of law arising in the course of an appeal to the Supreme Court for decision.

(2)  If the TRAB refers a question of law to the Supreme Court for decision, the TRAB may –

(a) conclude its appeal subject to the decision; or

(b) adjourn the appeal until the decision is given.

(3)  A question of law may be referred to the Supreme Court in the form of a special case drawn up by the parties to the appeal or, if there are no parties to the appeal or the parties cannot agree, by the TRAB.

(4)  The decision of the Supreme Court on a question of law referred to it under this section is final and is binding on the TRAB and the parties to the appeal.

83 Control of proceedings

(1)  The TRAB has power to –

(a) control its proceedings; and

(b) maintain order at any appeal proceedings before the TRAB.

(2)  The TRAB may request the Commissioner of Police to assist it in maintaining order at any appeal proceedings before it.

(3)  The Commissioner of Police is authorised and required to accede to a request made under subsection (2).

84 Control of public reporting

(1)  The TRAB may, by order, prohibit or restrict the public reporting of appeal proceedings before the TRAB or the publishing of any evidence taken or received by the TRAB if it is satisfied that the public interest in the reporting of that proceeding or the publishing of that evidence is outweighed by any other consideration, including public security, privacy of personal or financial affairs and the right of any person to a fair trial.

(2)  An order under subsection (1) is to be made during a hearing which is open to the public and on making the order the TRAB must state, in general terms, the reasons for making the order.

(3)  A person must not fail to comply with an order of the TRAB made under subsection (1).

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 000 penalty units; or

(b) an individual, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

85 Suspension of penalties pending appeals

(1)  The chairperson, on the request of the appellant, may, unconditionally or on such conditions as the chairperson thinks fit, suspend the operation of a decision or a penalty pending the hearing and determination of an appeal.

(2)  The chairperson must not suspend the operation of a decision or a penalty under subsection (1) in relation to a major or minor appeal if –

(a) the decision was made, or the penalty imposed, because of a serious risk to –

(i) the welfare or health of an animal; or

(ii) the safety of any person; or

(iii) the integrity of the Tasmanian racing industry; or

(b) the appeal is intended to be heard within 7 days of lodgment, unless the chairperson considers that extenuating circumstances require otherwise.

86 Representation before TRAB

A party to an appeal may be represented by counsel or any other person.

87 Interpretation of Division

In this Division –

reasonable excuse, in relation to an act by a person, means –

(a) if the person is a witness, or providing information, to the TRAB, an excuse that would excuse the act by a witness in proceedings of a similar nature in a court of law; or

(b) if the person is the subject of a notice, or warrant in relation to the TRAB, an excuse that would excuse the act by a person summoned before a court of law in proceedings of a similar nature in the court; or

(c) in any case, an excuse that the TRAB considers reasonable in the circumstances in relation to the act by the person.

88 Rules of evidence

The TRAB is not bound by any rule of law which relates to evidence in judicial proceedings.

89 Notices to witnesses

(1)  The TRAB may, by notice served on a person, require that person to appear before the TRAB to do either or both of the following:

(a) give evidence;

(b) produce to the TRAB, or a person designated by the TRAB, any document or thing in that person's possession or control which the TRAB considers relevant to an appeal.

(2)  The TRAB must not require a person to give evidence about a matter if that person has been charged with an offence in respect of that matter.

(3)  Subsection (2) does not apply if the charge has been finally disposed of.

(4)  If the TRAB considers it expedient to do so because of the distance a person resides from the place at which the TRAB would otherwise require that person to attend to give evidence, or because of any other consideration, the TRAB may appoint another person to take the evidence of that person and report that evidence to the TRAB.

(5)  If a person required or directed to give evidence to the TRAB is –

(a) a prisoner or detainee under the Corrections Act 1997 or the Youth Justice Act 1997 ; or

(b) a patient detained in an approved hospital under the Mental Health Act 2013 ; or

(c) a person who is subject to a restriction under the Criminal Justice (Mental Impairment) Act 1999  –

the notice requiring or directing the person to provide any information or explanation authorises and requires the Director of Corrective Services, the Secretary within the meaning of the Youth Justice Act 1997 , the controlling authority of the approved hospital or the responsible medical officer, within the meaning of the Criminal Justice (Mental Impairment) Act 1999 , to allow the person to provide that information or explanation to the TRAB in accordance with the notice.

(6)  A person who has been required by the TRAB to appear at the hearing of an appeal must continue to attend the hearing from day to day until the TRAB excuses that person from so attending.

(7)  The TRAB may, by notice served on a person, require the person to –

(a) prepare a document for or statement to the TRAB, or a person designated by the TRAB, containing the information known by the person in respect of the matter specified in the notice; and

(b) give the document or statement so prepared to a person by the time, and at the place or in the manner, specified in the notice.

(8)  The TRAB must not require a person to prepare a document or statement under subsection (7) if that person has been charged with an offence in respect of the matter to which the document or statement relates.

(9)  Subsection (8) does not apply if the charge has been finally disposed of.

(10)  A notice under this section served by the TRAB on a person may form, but is not required to form, part of a notice served under section 90 by the TRAB on that person.

90 Notice to produce document or statement

(1)  The TRAB may, by notice served on a person, require the person to –

(a) prepare a document for or statement to the TRAB, or a person designated by the TRAB, containing the information known by the person in respect of the matter specified in the notice; and

(b) give the document or statement so prepared to a person by the time, and at the place or in the manner, specified in the notice.

(2)  The TRAB must not require a person to prepare a document or statement under subsection (1) if that person has been charged with an offence in respect of the matter to which the document or statement relates.

(3)  Subsection (2) does not apply if the charge has been finally disposed of.

(4)  A notice under this section served by the TRAB on a person may form, but is not required to form, part of a notice served under section 89 by the TRAB on that person.

91 Privilege does not apply in certain circumstances

If a person refuses to prepare or produce a document or statement as required under section 89 or 90 on the grounds that the document or statement, or the information contained in the document or statement, is protected by privilege –

(a) the TRAB may require the production of the document or statement to assess whether privilege so applies; and

(b) the production of the document or statement to the TRAB, or the use of the document or statement by the TRAB, does not affect whether the document or statement is protected by privilege in any other circumstances.

92 Power to examine under oath

The TRAB may –

(a) administer an oath to a person appearing at the hearing of an appeal to give evidence; and

(b) examine a person under oath.

93 Failure to give or produce evidence is contempt

(1)  A person who has been served with a notice under section 89(1) and who fails, without reasonable excuse, to appear before the TRAB or produce the document or thing specified in the notice is guilty of contempt.

(2)  Punishment for contempt, or liability to be so punished, does not excuse a person referred to in subsection (1) from complying with the requirement to appear before the TRAB or to produce a document or thing to the TRAB.

(3)  The TRAB may apply to a magistrate for a warrant to have a person referred to in subsection (1) apprehended and brought before the TRAB.

(4)  A magistrate to whom an application under subsection (3) is made may issue a warrant if satisfied that the person who is the subject of the application –

(a) has been served with a notice under section 89(1) ; and

(b) has failed, without reasonable excuse, to appear before the TRAB or produce the document or thing specified in the notice.

(5)  A warrant issued under this section authorises any police officer to –

(a) apprehend the person named in the warrant and bring that person before the TRAB; and

(b) detain that person in custody to secure the person's attendance before the TRAB.

(6)  A police officer executing a warrant issued under this section is, for that purpose, authorised to enter and search any place, building or vehicle, using such force as is reasonably necessary.

(7)  A person who is apprehended and detained in custody pursuant to a warrant issued under this section may apply to a judge of the Supreme Court to be released from custody.

(8)  The release of a person from custody under this section may be made subject to any conditions that the judge considers appropriate.

94 Other contempts

A person is guilty of contempt if that person –

(a) being called on or examined as a witness before the hearing of an appeal, without reasonable excuse –

(i) refuses to be sworn or make an affirmation; or

(ii) refuses or otherwise fails to answer a question put to that person by the TRAB in respect of the matter into which the TRAB is inquiring; or

(iii) refuses to answer a question properly put by an officer of the TRAB or by a witness or counsel authorised to appear for a witness; or

(b) having appeared before the hearing of an appeal as a witness, fails to continue to attend the hearing from day to day without having been excused from doing so by the TRAB; or

(c) does any act which, if the TRAB were a court of law having power to commit for contempt, would be in contempt of that court.

95 Show cause procedure

(1)  If the TRAB considers that a person has or may have done an act so as to be guilty of contempt, it may, by notice served on that person, call on that person to show cause why the TRAB should not certify the contempt to the Supreme Court under section 97 .

(2)  A person on whom a notice to show cause is served may do all or any of the following in support of the person's case:

(a) make oral or written submissions to the TRAB;

(b) give evidence to the TRAB, including the giving of oral evidence under examination by the person's counsel;

(c) call witnesses.

(3)  For the purposes of subsection (2) , the person called on to show cause may be represented by counsel as of right.

96 Review of decision to certify contempt

(1)  A person who is aggrieved by a decision of the TRAB to certify a contempt by that person to the Supreme Court may move that court to review that decision.

(2)  Section 107 of the Justices Act 1959 applies to a review of a decision of the TRAB referred to in subsection (1) as if –

(a) the decision were an order of justices; and

(b) the reference in section 107(3)(b)(ii) of that Act to the clerk to the justices were a reference to the TRAB; and

(c) the reference in section 107(4) of that Act to the justices were a reference to the TRAB.

97 Punishment for contempt

(1)  Subject to section 95 , the TRAB may certify a contempt to the Supreme Court.

(2)  If a contempt is certified to the Supreme Court –

(a) the Supreme Court must inquire into the matter; and

(b) having regard to the evidence produced against and by or on behalf of the person named in the TRAB's certificate, the Supreme Court may, if satisfied that the person is guilty of the contempt, punish the person in the same manner and to the same extent as would be the case if the person had committed the contempt in relation to the Supreme Court.

(3)  The Rules of Court of the Supreme Court apply, with any necessary modification, to the Supreme Court's consideration and punishment of a contempt in relation to the TRAB.

98 Fines for contempt

If the Supreme Court imposes a fine on a person for contempt of the TRAB, Part 4 of the Monetary Penalties Enforcement Act 2005 applies in relation to the payment of that fine as if it were a fine imposed under section 7 of the Sentencing Act 1997 .

99 Determination of appeals

(1)  After hearing an appeal, the TRAB –

(a) may affirm, vary or quash the decision that was the object of the appeal or, if section 77(3)(a) applies, make the orders in settlement of the dispute that it thinks fit; or

(b) if the appeal is made under section 76(1)(b) , may, if it considers it just to do so, refer the matter to the stewards for rehearing if the TRAB is satisfied that the appellant did not engage in the conduct that prompted the making of the decision but may have engaged in some other conduct that would have justified the respondent making another decision against the appellant.

(2)  Subject to subsection (3) , if the decision that was the object of the appeal is affirmed or varied, the decision is to take effect immediately.

(3)  If the immediate implementation of the decision referred to in subsection (2) would have a detrimental effect in relation to the care and wellbeing of a horse or a greyhound, the TRAB may defer the implementation of the decision, or part of the decision, and any restrictions arising out of the decision or part of the decision for such period, not exceeding 5 days, as it thinks fit.

(4)  After hearing an appeal, or on the withdrawal or abandonment of an appeal, the TRAB must make an order regarding the disposal of the prescribed deposit, if any, lodged on appeal.

(5)  For the purposes of subsection (4) , the TRAB must order that –

(a) if the decision that was the object of the appeal is affirmed, an amount of not less than 50% of the prescribed deposit is to be forfeited to the Secretary of the Department; or

(b) if an appeal is withdrawn or abandoned after consideration has been given under section 85 to suspending the operation of a decision or a penalty, an amount of not less than 50% of the prescribed deposit is to be forfeited to the Secretary of the Department; or

(c) if an appeal is withdrawn or abandoned and no consideration has been given under section 85 to suspending the operation of a decision or a penalty, the whole of the prescribed deposit is to be refunded to the appellant; or

(d) if the decision that was the object of the appeal is varied, an amount of not less than 25% of the prescribed deposit is to be forfeited to the Secretary of the Department; or

(e) if the decision that was the object of the appeal is quashed or referred to the stewards for rehearing under subsection (1)(b) , the whole of the prescribed deposit is to be refunded to the appellant.

(6)  If the TRAB orders that an amount of more than 50% of the prescribed deposit is to be forfeited to the Secretary of the Department, it is to have regard to –

(a) whether the appeal appears to the TRAB to have been made in good faith or vexatiously; and

(b) whether the grounds of appeal appear to the TRAB to have been serious or frivolous; and

(c) whether the appellant appears to the TRAB to have been seeking genuine redress or merely a delay in the implementation of the decision under appeal; and

(d) whether, in the reasonable opinion of the TRAB, the appellant pursued the appeal with due diligence or was obstructive; and

(e) such other matters as the TRAB thinks reasonable and fair in the circumstances.

(7)  Any part of a prescribed deposit not forfeited to the Secretary of the Department is to be refunded to the appellant.

(8)  If the TRAB affirms or varies the decision that was the object of the appeal, the TRAB must make an order requiring the appellant to pay to the Secretary of the Department a percentage of the cost incurred in the preparation of the transcript referred to in section 79(1)(d) .

(9)  For the purposes of subsection (8) , the TRAB must order that –

(a) if the decision that was the object of the appeal is affirmed, an amount of not less than 50% of the cost referred to in that subsection is to be paid to the Secretary of the Department; or

(b) if an appeal is withdrawn or abandoned, an amount of not less than 50% of the cost referred to in that subsection is to be paid to the Secretary of the Department; or

(c) if the decision that was the object of the appeal is varied, an amount of not less than 25% of the cost referred to in that subsection is to be paid to the Secretary of the Department.

(10)  If the TRAB orders that an amount of more than 50% of the cost referred to in subsection (8) is to be paid to the Secretary of the Department, it is to have regard to –

(a) whether the appeal appears to the TRAB to have been made in good faith or vexatiously; and

(b) whether the grounds of appeal appear to the TRAB to have been serious or frivolous; and

(c) whether the appellant appears to the TRAB to have been seeking genuine redress or merely a delay in the implementation of the decision under appeal; and

(d) whether, in the reasonable opinion of the TRAB, the appellant pursued the appeal with due diligence or was obstructive; and

(e) such other matters as the TRAB thinks reasonable and fair in the circumstances.

(11)  If, after hearing an appeal under section 77(1) against a decision, the TRAB is satisfied that the appellant did not engage in the conduct that prompted the making of the decision but may have engaged in some other conduct that would have justified the respondent making another decision against the appellant, the TRAB may, if it considers it just to do so, make any decision that could have been made by the respondent in relation to the other conduct.

(12)  A registered bookmaker who, following the determination of an appeal under section 77(3)(a) , is ordered by the TRAB to pay a bet must comply with that order.

Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

(13)  The TRAB is to give the parties to an appeal notice of its determination in relation to the appeal.

(14)  A determination of the TRAB in relation to an appeal is final and, in the case of an appeal against a decision, is to be taken to be the decision of the respondent to which the determination relates.

100 Recommendations of TRAB

(1)  The TRAB may provide the Commissioner and Tasracing with recommendations in relation to the following:

(a) the conduct of investigations and inquiries by stewards;

(b) the role of stewards in the appeal process under this Part;

(c) any other functions of stewards under the Rules of Racing.

(2)  The Commissioner may, following consideration of any recommendations made by the TRAB, make recommendations to Tasracing on any matters related to the conduct, role or functions of stewards and to the conduct of investigations and inquiries by stewards.

Division 7 Miscellaneous

101 Protection of TRAB members &c.

(1)  A member of the TRAB has, in that capacity, the same protection and immunity as a judge of the Supreme Court.

(2)  A counsel or other person who represents a party to an appeal or is engaged to help the TRAB conduct an appeal has, in that capacity, the same protection and immunity as counsel appearing for a party in proceedings in the Supreme Court.

(3)  A person who appears before or makes representations to the TRAB as counsel for a witness or a person whose conduct is in issue in the appeal has, in that capacity, the same protection and immunity as counsel appearing for a party in proceedings in the Supreme Court.

(4)  A witness who appears before the TRAB has the same protection and immunity as a witness appearing before the Supreme Court.

102 Offences

(1)  A person must not intentionally prevent, or intentionally try to prevent, a person who is required by the TRAB to appear before it from attending as a witness or producing any document or thing to the TRAB.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(2)  A person must not use, cause, inflict or procure any violence, punishment, damage, loss or disadvantage to another person for or on account of –

(a) that other person having given evidence before the TRAB or produced or surrendered any document or thing to the TRAB; or

(b) any evidence given by that other person before the TRAB or any document or thing produced or surrendered by that other person to the TRAB.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(3)  An employer must not dismiss an employee from employment, or prejudice an employee in employment, for or on account of –

(a) that employee having given evidence before the TRAB or produced or surrendered any document or thing to the TRAB; or

(b) any evidence given by that employee before the TRAB or any document or thing produced or surrendered by that employee to the TRAB.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(4)  In any proceedings for an offence under subsection (3) , it lies on the employer to prove, on the balance of probabilities, that the employee shown to have been dismissed from or prejudiced in employment was so dismissed or prejudiced for some reason other than a reason specified in subsection (3) .

Part 7 Regulation of Racing

103 What is a race meeting?

A race meeting is a meeting of people at which racing occurs and one or more of the following applies:

(a) the meeting is open to the public, whether on payment of an admission fee or on other conditions or otherwise;

(b) the person holding the meeting causes or allows images of any of the racing to be transmitted, electronically or otherwise, for display anywhere outside the venue used for the meeting;

(c) the person holding the meeting causes or allows commentary on any of the racing, or related betting information, to be broadcast by radio or other means;

(d) payment is made or demanded for a rider, driver or animal to take part in any of the racing.

104 Who may hold race meetings?

(1)  Race meetings may be held by –

(a) persons who are authorised to do so by a permit under section 106 ; or

(b) registered clubs; or

(c) Tasracing if authorised to do so under section 111 .

(2)  Except as provided by subsection (1) , a person must not hold a race meeting.

Penalty:  Fine not exceeding 50 penalty units.

105 Where may race meetings, &c., be held?

(1)  In this section –

registered racecourse means a racecourse specified in –

(a) a permit issued, and in force, under section 106 ; or

(b) a certificate of registration issued, and in force, under section 108 ; or

(c) an authorisation issued, and in force, under section 111 .

(2)  Race meetings and betting-only meetings may only be held on registered racecourses.

(3)  A person who holds a race meeting or betting-only meeting on a racecourse other than a registered racecourse is guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units.

106 Race meeting permits

(1)  A person may apply to Tasracing for a permit to hold a race meeting for or on behalf of an association or other body of persons (other than a registered club).

(2)  The application –

(a) is to be in a form approved by Tasracing; and

(b) must be accompanied by the prescribed fee, if any; and

(c) must be supported by such information or evidence as Tasracing requires.

(3)  Subject to subsection (4) , Tasracing may –

(a) grant the application; or

(b) refuse the application.

(4)  Tasracing must refuse the application if the association or other body of persons, for or on whose behalf the race meeting is proposed to be held, is a proprietary body.

(5)  In deciding whether to approve an application, Tasracing may consider such matters as it thinks fit, including –

(a) whether the venue for the proposed race meeting is suitable for use as a racecourse; and

(b) whether adequate first aid and veterinary facilities will be available at the proposed race meeting; and

(c) whether any necessary local government approvals have been obtained.

(6)  If the application is refused, Tasracing is to give the applicant notice of the refusal, with reasons, and may refund all or any part of the application fee.

(7)  If the application is refused, Tasracing’s decision is not appealable to the TRAB.

(8)  If the application is approved, Tasracing is to –

(a) give the applicant notice of the approval; and

(b) issue the applicant with the required permit.

(9)  The permit may be issued unconditionally or on such conditions as Tasracing determines.

(10)  Without limiting Tasracing's discretion, the permit may be issued on one or more of the following conditions:

(a) that no betting take place at or in respect of the proposed race meeting;

(b) that no images of any race of the proposed race meeting be transmitted, electronically or otherwise, for display anywhere outside the venue used for the race meeting;

(c) that no commentary of any race of the race meeting be broadcast by radio or other means.

(11)  A permit must –

(a) specify the conditions, if any, of the permit; and

(b) specify which racecourse is to be used for the proposed race meeting.

(12)  A permit is invalidated if any racecourse other than the one specified in the permit is used for the proposed race meeting.

(13)  A permit may, by notice to Tasracing, be surrendered at any time but it has no surrender value.

(14)  A permit is not renewable or transferable and, if any attempt is made to transfer the benefit of the permit, it is taken to have been cancelled on the date of the attempted transfer.

(15)  A person issued with a permit under this section must not –

(a) contravene a condition of the permit; or

(b) cause or allow another person to contravene a condition of the permit.

Penalty:  Fine not exceeding 20 penalty units.

(16)  A person must not knowingly contravene a condition of a permit issued to another person under this section.

Penalty:  Fine not exceeding 20 penalty units.

107 Provisions about clubs

(1)  If a provision of this Act confers a power or imposes an obligation on a registered club then, unless the contrary intention appears –

(a) the capacity to exercise the power or the responsibility to comply with the obligation is taken to be conferred or imposed on the club committee; and

(b) the persons who constitute the club committee at the relevant time are jointly and severally liable for exercising the power or complying with the obligation.

(2)  If a club's failure to comply with an obligation constitutes an offence against this Act, each person who is a member of the club committee at the relevant time is taken to have committed, and may be convicted of, the offence unless the person shows that –

(a) the failure of compliance occurred without the person's knowledge and the person could not reasonably have acquired the knowledge; or

(b) the person was not in a position to influence the conduct of the club in relation to the obligation; or

(c) although being in such a position of influence, the person used due diligence to try to prevent the failure of compliance.

(3)  A person who is a member of a club committee may be charged with, and convicted of, an offence pursuant to this section whether or not any other members of the committee are charged with the offence either jointly or individually, or convicted of the offence.