Randwick Racecourse By-law 1981

The by-law defines several key terms that structure its operation. Club means the merged racing club within the meaning of the Act , that is, the entity formed by the amalgamation of the Australian Jockey Club (AJC) and the Sydney Turf Club (STC). Racecourse means Randwick Racecourse as defined in the Act. Race day means any day set aside for a race-meeting. Race-meeting means a meeting for horse-racing held at the Racecourse. Curator means the person appointed by the Club as curator, or any person authorised by the Club to act as curator. Secretary/General Manager means that officer of the Club. Member means a person who is a member of the Club as determined from time to time by its club rules, and for the first 12 months after commencement of the 2010 amendments includes persons who were members of the AJC or STC immediately before the merger finalisation day. Officer means any person employed by the Club who has been issued an official’s pass. The by-law distinguishes sharply between race days and non-race days. On a race day, admission is conditional on production of a membership badge, casual visitor’s ticket, guest badge, or other badge or ticket issued or recognised by the Club, or payment of the prescribed charge. On a non-race day, entry requires prior consent of the Club or an authorised person, except that members, officers and persons having business with a horse in training may enter at any time. The concept of prohibited persons (clause 6) is central to the Club’s control of the racecourse. The Club may exclude: anyone guilty of malpractice or dishonourable conduct in connection with horse-racing; defaulters in bets; persons disqualified or warned off under the Rules of Racing under the Thoroughbred Racing Act 1996; persons suspended or expelled from the former AJC, the AJC, the STC or the Club; and any other person the Club considers undesirable. This last category gives the Club an effectively unfettered discretion to refuse admission. Bookmaking is permitted only if the bookmaker is approved by the Club, recorded in a register, pays charges determined by the Club, occupies an allotted place, and complies with reporting and record-keeping obligations. The Club may revoke approval for any cause it deems sufficient. The by-law also creates specific restricted zones: the judge’s box (entry only for the judge, assistant or steward during races), the weighing room (entry only with steward’s consent or for directors, Secretary/General Manager, officers, or jockeys with a riding engagement), the jockeys’ room (entry only for authorised directors, officers, or jockeys), and the saddling enclosure (entry for directors, authorised persons, officers, authorised media, or owners/trainers of horses in the enclosure). These controls are designed to preserve the integrity of racing and limit access to those with a legitimate role.

The by-law imposes obligations and confers rights on a range of persons connected with Randwick Racecourse. Members of the Club are entitled to admission on race days upon production of their membership badge, but remain subject to all prohibitions (e.g., they cannot bring dogs, exceed the speed limit, or engage in disorderly conduct). Former members of the AJC or STC who did not become members of the merged club had a transitional entitlement for only 12 months, after which they lose member admission rights. Officers (employees with official passes) have broader access rights on non-race days and to restricted areas such as the weighing room, but must still obey the Club’s orders. Bookmakers face the heaviest regulatory burden: they must obtain and maintain club approval, pay fees set by the Club, operate only from an allotted stand, keep written records of all bets for at least 15 months, produce those records on demand, furnish a certificate of gross bets within 48 hours of each meeting, and allow the Club to inspect their tax returns to the Department of Sport and Recreation. The Club may revoke approval for any cause, creating significant business risk for bookmakers. Trainers and owners of horses in training are exempt from the general prohibition on non-race day entry, but must still comply with all other by-law provisions. They are also entitled to enter the saddling enclosure if they have a horse there. Jockeys may enter the weighing room and jockeys’ room (subject to having a riding engagement that day) but cannot enter the judge’s box or other areas without authorisation. Racegoers are the largest group affected. They must pay prescribed charges (or have a valid ticket/badge) to enter, must not engage in any of the 11 listed offences (including crossing the course during a race, assault, drunkenness, profane language, damaging property, or hawking goods without written permission), and must not bring dogs. Vehicle drivers must keep to 15 km/h unless the Club consents, and must obey police or official instructions. Charity or institution hawkers face a specific barrier: they need prior written permission from the Club to sell goods for charity, even if the charity is genuine. The by-law also affects persons who rent or hire any portion of the Racecourse , they must abide by any order of the Club or an authorised officer, regardless of the terms of their rental or hiring agreement. This overrides contractual freedom and subordinates hirers to the Club’s discretion. The Club itself is the primary beneficiary of the by-law. It holds wide powers to waive fees, grant or refuse entry, approve or revoke bookmaker licences, set charges for training grounds, delegate authority to officers and the curator, and issue binding orders to hirers. However, the Club is also constrained by the fixed fee schedule for admission: it cannot charge more than the prescribed amounts without amending the by-law (though it may waive fees entirely). Finally, the by-law will affect police and officials who enforce the speed limit and general order, and stewards who control access to restricted areas.

Duties. A person entering or using Randwick Racecourse must comply with several affirmative duties. On a race day, any person seeking admission must either produce a valid badge, ticket or guest badge issued or recognised by the Club, or pay the prescribed charge (clause 4). On a non-race day, entry requires prior consent except for members, officers and those with business with a horse in training (clause 7(2)). Any person renting or hiring a portion of the racecourse must abide by any order of the Club or an authorised officer, even if that order contradicts the rental or hiring agreement (clause 9). Bookmakers must pay charges determined by the Club, field from the allotted place with name and stand number visible, furnish a certificate of gross bets within 48 hours of each meeting, keep a written record of all bets for 15 months, produce that record on demand, and allow inspection of tax returns to the Department of Sport and Recreation (clause 13(1)). Any person on the racecourse must not cross the course proper during a race meeting without permission, assault anyone, be drunk or disorderly, use profane/indecent/obscene language, behave improperly or riotously, hawk goods for charity without prior written permission, climb or jump fences, damage property, uproot plants, provoke a breach of the peace, or hinder the proper progress of a race-meeting (clause 11). Drivers must not exceed 15 km/h without consent, and must obey police or official instructions (clause 14). No person may bring a dog onto the racecourse (clause 12). Persons seeking to enter restricted areas (judge’s box, weighing room, jockeys’ room, saddling enclosure) must satisfy the relevant conditions (clause 10).

Rights. The Club enjoys broad rights: to waive any prescribed admission charge (clause 5(2)); to refuse admission to persons guilty of malpractice, defaulters, disqualified persons, suspended/expelled persons, or any person it considers undesirable (clause 6); to revoke a bookmaker’s approval for any cause it deems sufficient (clause 13(2)); to set charges for use of training grounds (clause 8(3)); and to give orders that override rental/hiring agreements (clause 9). The Club also has the right to authorise certain individuals to act as curators, to issue official passes, and to determine from time to time who is a member under its club rules. Members have the right to admission on production of their membership badge (clause 4(a)(i)). Persons with horses in training have the right to enter on non-race days (clause 7(2)). Jockeys with a riding engagement have the right to enter the weighing room and jockeys’ room (clause 10(b)(iii), 10(c)(iii)). Owners and trainers of horses in the saddling enclosure have the right to enter that enclosure (clause 10(d)(v)). Authorised media representatives may enter the saddling enclosure (clause 10(d)(iv)). The by-law itself is silent on any right of appeal against the Club’s decisions. A person excluded under clause 6(e) as “not a desirable person” has no statutory avenue to challenge that determination under this by-law. Similarly, a bookmaker whose approval is revoked under clause 13(2) has no right of review. These rights and duties operate asymmetrically: the Club’s discretion is broad and largely unreviewable, while individuals’ entitlements are conditional and revocable.

The penalty for any offence against the by-law is one penalty unit (clause 15). Under the Crimes (Sentencing Procedure) Act 1999 (NSW), a penalty unit is currently $110. This flat maximum applies to all 11 offences in clause 11, as well as to breaches of other prohibitions (e.g., entering without permission on a non-race day, bringing a dog, exceeding the speed limit, bookmaking without approval, entering restricted areas without authorisation). The penalty is notably low by contemporary standards , for example, the maximum fine for trespass or disorderly conduct on public land under other NSW regulations can be significantly higher. The low penalty may reflect the by-law’s age (1981) and the fact that it was never revised upwards. It also means that the deterrent effect of prosecution is modest, and the Club may rely more on its civil power to exclude or eject persons than on criminal enforcement. Enforcement mechanisms are implied but not detailed in the by-law. Police officers and officials (including officers of the Club) may enforce the speed limit and other provisions. The Club can also revoke a bookmaker’s approval under clause 13(2), which effectively terminates the bookmaker’s right to operate on the racecourse without recourse to criminal proceedings. No provision creates a private right of action for breach of the by-law; enforcement is by way of criminal prosecution, presumably by the police or the Club as the occupier. The by-law does not specify procedures for search, seizure, arrest, or issue of infringement notices. General criminal law and procedural statutes would apply. The low penalty also limits sentencing options: a court could impose a fine of up to $110, but not imprisonment or a higher penalty. The practical effect is that the by-law functions more as a code of conduct with a symbolic penalty than as a robust deterrent. For serious misconduct (e.g., assault, property damage), the underlying criminal law (assault, malicious damage) would carry much higher penalties, and the by-law offence would be an additional charge rather than the primary sanction. The by-law’s penalty provisions have not been updated to reflect inflation or modern enforcement practices, making them largely historical in significance.

The by-law operates within a web of statute and subordinate legislation. The Australian Jockey and Sydney Turf Clubs Merger Act 2010 is the enabling Act that provides the definitional foundation and the power to make the by-law. The Thoroughbred Racing Act 1996 defines the “Rules of Racing” and provides for disqualification and warning-off, which directly affect who may be excluded from the racecourse under clause 6(c). A person disqualified or warned off under those rules is automatically prohibited from entering Randwick unless the Club gives permission. The Racecourses (General) By-law 1990 applies to racecourses owned or controlled by the Club that were previously owned or controlled by the STC (clause 3A). This creates a dual regulatory regime: Randwick is governed by this 1981 by-law, while Rosehill and other STC venues are governed by the 1990 by-law. The two by-laws have different provisions (e.g., different fee schedules, different definitions), which means the Club must administer two distinct codes for its racecourses. The by-law also interacts with the Crimes (Sentencing Procedure) Act 1999 because it defines a penalty unit. The Fines Act 1996 would govern enforcement and collection of fines. General criminal law (e.g., assault, property damage) supplements clause 11(b) (assault) and 11(h) (damage to property), meaning a person could be charged under both the by-law and the Crimes Act 1900 for the same conduct , though the principle against double jeopardy would prevent double punishment. The common law of trespass is relevant because the by-law does not codify all aspects of the Club’s right to exclude; the Club, as occupier, also has residual common law rights to refuse entry and eject persons. The by-law’s provisions on prohibited persons (clause 6) and the Club’s discretion to exclude undesirable persons effectively give statutory force to the Club’s common law right, while also creating a criminal offence for entering when prohibited. The Privacy and Personal Information Protection Act 1998 (NSW) may be relevant to the record-keeping obligations on bookmakers (exposing their betting records and tax returns to club inspection), though the by-law predates that Act and does not address privacy. The Gaming and Liquor Administration Act 2007 and related racing legislation (e.g., the Unlawful Gambling Act 1998) govern off-course betting and wagering but do not directly affect on-course bookmaking at Randwick, which is regulated by this by-law and the club rules. The Work Health and Safety Act 2011 would apply to the racecourse as a workplace, imposing duties that may interact with the by-law’s provisions on training grounds, speed limits, and restricted areas. The Local Government Act 1993 and local planning laws may also affect the use of the racecourse, but the by-law is silent on those. The by-law does not purport to override any Commonwealth law (e.g., competition law, anti-discrimination law). The broad discretion to exclude “undesirable persons” under clause 6(e) could theoretically conflict with anti-discrimination legislation if exercised on discriminatory grounds, though no case law on point appears in the source.

The by-law originally commenced as the Randwick Racecourse By-law 1981. The first amendment occurred on 8 April 1982 (clause 5 was amended to adjust the fee schedule, though the exact changes are not shown in the source). The next major amendments came through the Australian Jockey Club Act 2008 (Act No 52 of 2008). That Act, which reorganised the AJC from a committee to a company limited by shares (AJC Limited), necessitated amendments to update institutional references throughout the by-law. Specifically, the 2008 amendments changed clause 1 (name), clause 3 (definitions), clause 5 (rates), clause 6 (prohibited persons), clause 7 (non-race day entry), clause 8 (training grounds), clause 9 (orders), clause 11 (offences), clause 13 (bookmaking), clause 14 (speed limit), clause 15 (penalty , substituted to refer to penalty units instead of a fixed dollar amount), clause 16 (savings and transitional), and Schedule 1. The amendments replaced references to “the Committee of the AJC” with “the AJC” or “AJC Limited” as appropriate, and introduced the definition of “officer” with an official’s pass. The penalty was changed from a fixed amount ($10, presumably) to “1 penalty unit”, aligning it with the standard penalty unit framework. The most significant amendments came through the Australian Jockey and Sydney Turf Clubs Merger Act 2010 (Act No 93 of 2010), which merged the AJC and STC into a single club. This Act inserted clause 3A (relationship with the Racecourses (General) By-law 1990), substituted clause 1 (new name reflecting the merged club), substituted clause 3 (definitions now refer to the merged club, former AJC, former STC, club rules, and transitional membership), and amended clauses 5-9, 11, 13, 14, 16 and Schedule 1. The 2010 amendments effectively rebadged the by-law for the new merged entity, preserved the application of the 1990 by-law to STC venues, and added transitional provisions for former AJC and STC members. No subsequent amendments appear in the source text. The by-law appears to have been substantially static since 2010, with the fee schedule from 1982 still in force.

The source text of the by-law does not mention any litigation history. There are no references to court cases, judicial interpretations, or challenges to the by-law’s validity or application. This is not unexpected for a subordinate regulation governing a single racecourse. The absence of reported litigation may indicate that the by-law has been uncontroversial in practice, or that disputes are resolved internally through the Club’s disciplinary processes rather than through the courts. The broad discretionary powers granted to the Club , particularly the power to exclude undesirable persons and to revoke bookmaker approvals for any cause , might have been challenged under administrative law principles (e.g., natural justice, unreasonableness), but no such cases are recorded in the source. The transitional provisions (clause 16 and Schedule 1) demonstrate that the by-law was drafted with an eye to continuity, preserving acts done by the former AJC committee and the AJC as if done by the Club. This suggests an attempt to avoid litigation over the validity of prior decisions after each restructure. The by-law’s age (over 40 years) and the low penalty amount may have contributed to a lack of incentive for formal legal challenge. The lack of litigation history does not mean the by-law is legally immune; it simply means no reported case law arises from the source. A researcher would need to search NSW case databases for any unreported magistrate’s court decisions or Local Court proceedings for offences under the by-law, but those would not have been included in the legislative source provided.

Several provisions in the by-law carry traps for the unwary. The broad definition of “prohibited persons” under clause 6(e) , “any other person who, in the opinion of the Club, is not a desirable person to be admitted to the Racecourse” , gives the Club an unfettered discretion. There is no requirement for the Club to give reasons, no appeal mechanism in the by-law, and no limit on the grounds. A person who has never committed any offence or racing misconduct could be excluded on the Club’s say-so, and would commit an offence by entering even if they had a valid membership badge or ticket. This provision effectively overrides the admission entitlement in clause 4. The revocation of bookmaker approval under clause 13(2) is similarly open-ended: “for any cause it deems sufficient.” This gives the Club power to destroy a bookmaker’s business at Randwick without needing to prove any breach of the by-law, and with no statutory right of review. The low penalty of 1 penalty unit might mislead some into thinking the by-law is trivial, but the cost of non-compliance could be much higher if the Club revokes a bookmaker’s licence or excludes a member. The fixed fee schedule in clause 5 is another trap. The amounts ($1 to $5) are clearly historical, but they are still legally operative. The Club has discretion to waive payment, but cannot charge more without amending the by-law. If a person refuses to pay the prescribed amount (e.g., $1 for admission), they cannot be admitted, but the club could also waive it. A person who enters without paying and without a valid ticket commits an offence. Yet the practical reality is that the Club charges much higher prices today (e.g., $20+ for general admission) and presumably goes through the farce of “waiving” the prescribed fee and imposing a separate charge under some other authority. This creates legal uncertainty: what is the legal basis for charging more than the by-law prescribes? The by-law does not provide a mechanism to set higher charges; only to waive them. The dog ban is absolute (clause 12). No exceptions for guide dogs, hearing dogs, or assistance animals. This could conflict with the Disability Discrimination Act 1992 (Cth) and the Disability Inclusion Act 2014 (NSW), which require reasonable accommodation for assistance animals. A person with a disability relying on a guide dog would be committing an offence simply by bringing the dog onto the racecourse, and the Club would have no discretion under this clause to permit it (though it could arguably give permission under clause 6 by deeming the person “desirable” and not applying the dog ban? The ban is separate and has no explicit override provision). The absence of a defence of reasonable excuse in clause 11 is notable. The offences are strict liability? The provisions do not state any mental element, so they are likely strict liability offences, meaning a person can be convicted even if they did not intend to break the rule. For example, accidentally crossing the course proper during a race (clause 11(a)) because a path was unclear would still be an offence. The 48-hour reporting requirement for bookmakers (clause 13(1)(d)) is tight, especially for a race-meeting that runs late or over multiple days. Missing the deadline could result in revocation of approval or prosecution, even if the bookmaker intended to comply. The 15-month record retention period (clause 13(1)(e)(ii)) is relatively long for small business records, and the requirement to produce them on demand (clause 13(1)(e)(iii)) could be burdensome. The Clause 9 override of rental/hiring agreements is a striking incursion into contract law. A person who rents a portion of the racecourse (e.g., a corporate box) may be subject to an order from the Club that contradicts their rental agreement, and must comply or face an offence. This undermines the certainty of commercial contracts. Finally, the transitional membership provision in clause 3(2) gave former AJC and STC members only 12 months to become members of the merged club. After that, a person who did not apply or was not accepted into membership loses the right to admission as a member and must rely on other tickets or pay admission. This could be a gotcha for long-standing members who assumed they would retain automatic access.

Compliance with the Randwick Racecourse By-law 1981 depends on the role of the person or entity. For the general racegoer on a race day: ensure you have a valid badge, ticket, or guest badge issued or recognised by the Club, or pay the prescribed charge (currently $1 for basic admission, $4-$5 for grandstand/saddling paddock, $2-$2.50 for St Leger Reserve). Do not cross the course during a race, do not assault anyone, do not be drunk or disorderly, do not use profane language, do not behave riotously, do not hawk goods for charity without written permission, do not climb gates, do not damage property or plants, do not say anything likely to provoke a breach of the peace, and do not hinder the race meeting. Do not bring a dog. If driving, do not exceed 15 km/h unless the Club consents, and obey any police or official instructions. On a non-race day, do not enter without prior consent unless you are a member, officer, or have business with a horse in training. For members: carry your membership badge and produce it on request. You retain the right to enter on race days and non-race days (as a member), but you remain subject to all prohibitions. If you were a former AJC or STC member who did not become a member of the merged club, your transitional admission rights expired 12 months after the 2010 merger. For bookmakers: first obtain approval from the Club under clause 13(1)(a). Ensure your name and address are recorded in the club’s register. Pay any charges set by the Club for use of a part of the racecourse. Field only from the place allotted by the Club, with your name and stand number reasonably visible. Within 48 hours of the conclusion of each race-meeting, furnish a certificate to the Secretary/General Manager stating the gross amount of all bets made with you at that meeting. Keep a true written record of all bets for each meeting, and retain a legible copy for 15 months. If requested within that period, produce the copy to the Secretary/General Manager or stewards. Allow the Club or its authorised person to inspect any returns you made to the Department of Sport and Recreation regarding tax on bets, and allow them to take copies or abstracts. Be aware that the Club may revoke your approval at any time for any cause. For trainers and owners with horses in training: you may enter the racecourse on non-race days without prior consent (clause 7(2)), but you must still comply with all other by-law provisions. If you have a horse in the saddling enclosure, you may enter that area. For jockeys: you may enter the weighing room and jockeys’ room if you have a riding engagement that day, but you cannot enter the judge’s box during a race unless you are the judge, assistant, or a steward. For persons renting or hiring any portion of the racecourse: be prepared to comply with any order of the Club or authorised officer, regardless of the terms of your rental or hiring agreement. This means you cannot rely on contract to override the Club’s instructions. For the Club itself: enforce the by-law consistently. Maintain a register of bookmakers. Issue badges, tickets, and guest badges as appropriate. Ensure the fee schedule is published and that any charges above the prescribed rates are handled via waiver (since the by-law does not permit higher charges). Grant or refuse entry and revoke approvals in accordance with the by-law’s broad discretion. Maintain records of orders given under clause 9. Ensure that the Racecourses (General) By-law 1990 is applied to STC venues, not this by-law. For any person excluded under clause 6: you may only enter with the Club’s permission. If you attempt to enter without permission, you commit an offence. If you believe your exclusion is unfounded, you have no statutory avenue under this by-law; you would need to look to general administrative law or any club rules that might provide internal review. Overall, the by-law imposes a largely prescriptive regime with limited flexibility for individuals, but wide discretion for the Club. The safest course is to assume the Club’s rules and decisions are binding and to seek permission before taking any action that might be prohibited.