Racing and Gambling Acts (Amendment) Bill
Circulation Print
EXPLANATORY MEMORANDUM
PART 1—PRELIMINARY
Clause 1
sets out the purposes of the Bill.
Clause 2
provides for the commencement of the Bill. The Bill comes into
operation on the day after Royal Assent with the exception of
sections 3 and 10.
Section 10 is deemed to have come into operation on
21 December 2004, which is the date of Royal Assent of the
Gambling Regulation (Further Amendment) Act 2004.
Section 3 comes into operation on a day to be proclaimed.
However, it comes into operation on 31 December 2005 if not
proclaimed before then. This commencement date provides time
for necessary amendments to be made to regulations under
section 83O of the Racing Act 1958.
PART 2—RACING ACT 1958
Clause 3
makes a number of amendments to Part IIIB of the Racing Act
1958 relevant to appeal rights to the Racing Appeals Tribunal
from the horse racing appeals and disciplinary body. The appeal
rights in relation to harness racing and greyhound racing are
retained.
Sub-clause (1) inserts a definition of "horse racing appeals and
disciplinary body" into section 83F of the Racing Act 1958 for
the purposes of Part IIIB of the Act. This definition is similar to
the existing definition in section 83KA(6), which is repealed.
Sub-clause (2) substitutes section 83K(1) of the Racing Act 1958
to allow for a person on whom a penalty has been imposed by the
horse racing appeals and disciplinary body to appeal to the
Racing Appeals Tribunal, and the Tribunal to hear and determine
the appeal, provided that the appeal is made within 14 days after
the imposition of the penalty and has been made in the prescribed
form.
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BILL LA CIRCULATION 26/5/2005
Sub-clause (3)(a) amends section 83K(4) of the Racing Act 1958
to provide that, in the case of horse racing, a person may not
appeal against the imposition of a penalty of 12 months or more
to the horse racing appeals and disciplinary body but may appeal
directly to the Racing Appeals Tribunal.
Sub-clause (3)(b) amends section 83K(5) of the Racing Act 1958
to provide that, in the case of horse racing, the Racing Appeals
Tribunal cannot hear an appeal involving suspension for less than
one month or a fine of less than $250 unless the Tribunal is of the
opinion that it is in the public interest to do so and the person has
first unsuccessfully appealed to the horse racing appeals and
disciplinary body.
Sub-clause (3)(b) also amends section 83K(6) of the Racing Act
1958 to provide that, where the appeal relates to a penalty
imposed upon a person by the Steward or Stewards, the Racing
Appeals Tribunal may only hear the appeal if the person had first
appealed unsuccessfully to the horse racing appeals and
disciplinary body, except in circumstances that are specified in
sub-sections (6A) and (6B).
Sub-clause (3)(b) also amends section 83K(6C) of the Racing
Act 1958 to provide that, if the circumstances detailed in subsection (6A) or (6B) apply, the horse racing appeals and
disciplinary body does not have jurisdiction to hear and
determine an appeal.
Sub-clause (3)(c) amends section 83K(9) of the Racing Act 1958
to provide that the Racing Appeals Tribunal may affirm, vary or
quash the penalty appealed against and may make or substitute
any penalty which the Steward or Stewards or horse racing
appeals and disciplinary body (as the case may be) would have
been empowered to make.
Sub-clause (4) substitutes section 83K(10) of the Racing Act
1958 to provide that any applicable decision or penalty of the
Racing Appeals Tribunal is binding upon the racing appeals and
disciplinary body (in the case of horse racing).
Sub-clause (5)(a) substitutes section 83KA(3)(b) of the Racing
Act 1958 to provide that, in the case of an appeal by a Steward to
the Racing Appeals Tribunal, the Tribunal may make or
substitute any decision which the horse racing appeals and
disciplinary body would have been empowered to make.
Sub-clause (5)(b) repeals section 83KA(6) of the Racing Act
1958. This section has been repealed as a definition of "horse
racing appeals and disciplinary body" is now separately included
in the list of definitions in section 83F (see sub-clause (1)).
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Clause 4
provides for insertion of a new Part "Part IVA—Racing Victoria
Centre Land" into the Racing Act 1958. This new Part contains
various amendments related to the surrender of "Racing Victoria
Centre land" by the Victoria Racing Club.
By way of background to the new Part, Racing Victoria was
established in 2001 to perform certain functions in relation to
horse racing in Victoria, some of which were formerly performed
by the Victoria Racing Club. In performing those functions,
Racing Victoria operates the Racing Victoria Centre. The Centre
is on Crown land that is leased to the chairman of the Victoria
Racing Club. To assist Racing Victoria in performing its
functions, it is desirable that the land be leased instead to Racing
Victoria.
New section 95A provides that the new Part has effect despite
anything to the contrary in any other Act, law, lease or
instrument.
New section 95B provides a definition of "Racing Victoria
Centre land".
New section 95C(1) provides the chairman of the committee of
the Victoria Racing Club with powers to surrender the lease of
the Racing Victoria Centre land to the Crown.
New section 95C(2) provides that the lease of the land shall be
deemed to be revoked once surrendered by the chairman of the
Victoria Racing Club. The section also provides that the
chairman is freed and discharged from all further duties and
liabilities with respect to the land and that the land reverts to
unalienated Crown land freed from any limitations or restrictions.
New section 95D(1) empowers the Governor in Council, upon
surrender of the Racing Victoria Centre land by the chairman of
the Victoria Racing Club, to grant a lease of the land to Racing
Victoria for the purposes of the administration of horse racing.
New section 95D(2) provides that a lease issued to Racing
Victoria under section 95D(1) may be for an initial term which
does not exceed 64 years.
New section 95D(3)(a) provides that a lease issued to Racing
Victoria under section 95D(1) may contain provision for the lease
to be extended one or more times. Each extension of the term
however must not exceed 64 years and the aggregate of the initial
term and any extensions must not exceed 99 years.
New section 95D(3)(b) enables Racing Victoria as the lessee, at
the discretion of the lessor, to remain in occupation of the Racing
Victoria Centre land under the same terms conditions as existed
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under the lease, for a period not exceeding 3 months once the
lease has expired.
New section 95D(3)(c) provides that a lease issued to Racing
Victoria under section 95D(1) is subject to additional conditions
and restrictions at the discretion of the Governor in Council.
New section 95E provides Racing Victoria with power to enter
agreements to use, sublease or assign its interest in the Racing
Victoria Centre land.
New section 95E(1) provides that any such use, assignment or
sub-lease by Racing Victoria must be consistent with the
purposes of the administration of horse racing and will also not
prevent or hinder Racing Victoria from carrying out its functions.
New section 95E(2) provides that the written approval of the
Minister is required before Racing Victoria may exercise its
power to use, assign or sublease the Racing Victoria Centre land.
New section 95E(3)(a) provides that Racing Victoria may not
enter into an agreement to use, assign or sublease the Racing
Victoria Centre land for a term that exceeds 21 years.
New section 95E(3)(b) prescribes that any such agreement to use,
assign or sublease the land may be subject to any other
covenants, exception, reservations or restrictions determined by
Racing Victoria.
New section 95F enables the Registrar of Titles to make any
necessary recordings in or amendments to the Register because of
the operation of any provision contained in Part IVA.
PART 3—GAMBLING REGULATION ACT 2003
Clause 5
provides for a definition of "race field" to be inserted into
section 1.3(1) of the Gambling Regulation Act 2003.
This definition is required as a consequence of the inclusion
of a new section 2.5.16A in the Act.
Clause 6
inserts new section 2.5.16A into the Gambling Regulation Act
2003 relating to the publication of race fields.
New section 2.5.16A(1) creates an offence prescribing that a
wagering service provider must not, in Victoria or elsewhere,
publish or otherwise make available a race field for valuable
consideration without the approval of the appropriate controlling
body. A maximum penalty of 60 penalty units is applicable for
the offence.
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New section 2.5.16A(2) specifies exceptions to the offence by
declaring that the offence does not apply to the licensee (as
defined in Chapter 4 of the Act), the wagering operator, an
approved bookmaker or an approved publication.
New section 2.5.16A(3) inserts definitions of "betting exchange",
"controlling body", "publish", "wagering contract" and "wagering
service provider" in the new section.
Clause 7
Paragraph (a) amends section 2.5.19(1) of the Gambling
Regulation Act 2003 to allow a person to communicate, publish
or transmit betting odds or race fields in accordance with an
approval under section 2.5.19(2) of the Act.
Paragraph (b) amends section 2.5.19(2) of the Gambling
Regulation Act 2003 to provide that the Minister may, by order
published in the Government Gazette, approve the
communication or publication or transmission by any means of
the betting odds prevailing at, or race fields relating to, a race
meeting.
Clause 8
amends a formula set out in the Gambling Regulation Act 2003
to provide for an increase in the health benefit levy payable by a
gaming operator each financial year.
Sub-clause (1) amends section 3.6.3(1) to increase the levy from
$1533.33 per gaming machine to $3033.33 per machine.
Sub-clause (2) inserts a new section 3.6.3(5). This provides for
the amendment to the health benefit levy, as set out in section
3.6.3(1), to apply for the financial year beginning on 1 July 2005
and each subsequent financial year.
Clause 9
repeals 4 spent amending Acts as follows:

The Gaming Machine Control (Amendment) Act
1993, which contains transitional provisions in
section 11. Section 11 provides for transitional
provisions in relation to licences granted under the
Gaming Machine Control Act 1991. The Gaming
Machine Control Act 1991 was repealed by section
12.1.1 of the Gambling Regulation Act 2003.
Section 11 is now spent. The remaining provisions of
the Gaming Machine Control (Amendment) Act 1993
are amending or repealing provisions which have
already operated.
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
The Gaming Machine Control (General
Amendment) Act 1993. Section 8 of this Act has not
come into operation. This section was to amend the
Gaming Machine Control Act 1991 which was
repealed by the Gambling Regulation Act 2003.
The Gaming Machine Control (General
Amendment) Act 1993 is spent and can be repealed.

The Gaming Machine Control (Community Support
Fund) Act 1996, which is an amending Act with a
saving provision in section 5. Section 5 clarifies the
amendments made to the Gaming Machine Control
Act 1991 do not apply to payments made by the
Minister from the Community Support Fund before the
commencement of the Gaming Machine Control
(Community Support Fund) Act 1996. Section 5 has
taken effect and the Gaming Machine Control Act
1991 has been repealed by the Gambling Regulation
Act 2003. Therefore the Gaming Machine Control
(Community Support Fund) Act 1996 can be
repealed.

The Gaming Acts (Miscellaneous Amendment) Act
1997. Section 33 of this Act is expressed to come into
operation on the day on which section 8 of the Gaming
Machine Control (General Amendment) Act 1993
comes into operation. Section 33 amends the Gaming
Machine Control Act 1991. As that Act has been
repealed and the Gaming Machine Control (General
Amendment) Act 1993 is spent and can be repealed,
the Gaming Acts (Miscellaneous Amendment) Act
1997 is also spent and can be repealed.
Clause 10 makes statute law revision amendments to the Gambling
Regulation (Further Amendment) Act 2004. They are deemed
to be effective as of the date of Royal Assent of that Act (see
clause 2(2)). The amendments are necessary because 2 sections
of that Act (which have not yet been proclaimed) make separate
amendments to the same sections of the Gambling Regulation
Act 2003. In order for those amendments to operate effectively
when they are proclaimed (especially if they are proclaimed on
different days) it is necessary to make these statute law revision
amendments.
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PART 4—CASINO CONTROL ACT 1991
Clause 11 amends a formula set out in the Casino Control Act 1991 to
provide for an increase in the health benefit levy payable by the
casino operator each financial year.
Sub-clause (1) amends section 114A(1) to increase the levy from
$1533.33 per gaming machine to $3033.33 per machine.
Sub-clause (2) substitutes a new section 114A(5). This provides
that the amendment to the health benefit levy, as set out in
section 114A(1), will apply for the financial year beginning on
1 July 2005 and each subsequent financial year.
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