Version No. 135
Racing Act 1958
No. 6353 of 1958
Version incorporating amendments as at 1 January 2009
TABLE OF PROVISIONS
Section
1
Short title and commencement
2
Repealed
Page
1
2
PART I—RACE-COURSES AND RACE-MEETINGS
3
Division 1—Preliminary
3
3
3A
3B
Definitions
Certification of company to be Racing Victoria
Repeal or modification of constitution of Racing Victoria
Division 2—Legality of betting
4
4A
5
14
Betting with registered bookmaker
Methods of remote betting
Rules and regulations about business at race-courses,
bookmakers etc.
Division 2A—Club betting permits
5A
5B
5C
5D
3
12
13
14
15
15
18
Betting in accordance with club betting permits
Grant of club betting permits
Conditions of the permits
Revocation of permits
Division 3—Regulation of race-meetings
6
Holding of race-meetings
6A Repealed
7
Transfer of race-meeting to another race-course
8–14 Repealed
14A Duration of race-meetings
14B Dates and times for horse racing
15–17 Repealed
18
Picnic race-meetings
18A Repealed
19
Picnic race-meetings and mixed sports gatherings in country
19AA
Repealed
i
18
18
19
19
20
20
21
21
21
21
22
22
22
22
23
24
Section
Page
19A Restricted harness racing meetings
20
Point-to-point steeplechases held by hunt clubs
21
Charitable race-meetings on metropolitan race-courses in
excess of statutory number
22
Harness races at agricultural shows
22A Race-meetings on ANZAC Day
22B Penalty for failure to supply statement of receipts and
expenditure or pay net profit from race-meeting to Fund
22C Repealed
23
Penalty for holding unauthorized race-meeting
Division 4—Issue of licences, &c.
27
28
30
32
32
33
33
24
Race-course licence
24A Racing-club licence
25
Map of race-course
26
Rules of the club
27, 28 Repealed
29
Licences not to authorize benefit meetings
30, 31 Repealed
32
Licences for harness race-meetings held by Harness Racing
Victoria
Division 5—Exclusion orders by Chief Commissioner of Police
33
34
35
35A
35B
35C
35D
24
26
Exclusion orders by Chief Commissioner of Police
Duration of exclusion orders
List and photographs of excluded persons
Provision of list and photographs to stewards
Excluded person not to enter race-course
Notifying police of presence of excluded persons
Police powers of entry to a race-course
33
35
37
37
38
38
39
39
40
40
41
41
42
42
42
43
Division 5A—Repealed
43
Division 6—Miscellaneous
43
36
37
Regulations
No right to compensation
43
44
PART II—HARNESS RACING VICTORIA
38
Definitions
39
Harness Racing Victoria
40
Term of office
41
Vacancies
42
Meetings
43
Chief Executive Officer and other officers
44
Function of Board
44AA
Board may act as venue operator
ii
45
45
47
48
48
49
50
51
52
Section
Page
44A
44B
44C
45
Borrowings by Board
Consultation procedures to be established
Reporting on consultations
Registration etc. of clubs, horses and persons participating in
harness racing
45AAA, 45AA Repealed
45A Disclosure of pecuniary interest
46
Harness Racing Victoria Fund and finances of Board
47
Repealed
48
Agreement with Royal Agricultural Society and its alteration
49
Rules of Board
49A Appeals to the Board
49B Panel of persons for selection for hearing and determining
appeals
49C Panel of assessors
50
Regulations of Governor in Council
PART III—GREYHOUND RACING
51
Definitions
53
55
55
58
61
61
62
62
63
64
65
66
66
Division 1—Restrictions on, and licences for, greyhound racing
52
Repealed
52A Plumpton coursing with mechanical quarry
52B Greyhound racing permits
53–54A Repealed
55
All speed coursing to be mechanical
56–63 Repealed
63A Greyhound races on ANZAC Day
64
Penalties for holding greyhound races in contravention of this
Division etc.
65
Returns to be lodged by promoters of greyhound races
66
Provision in case of offence by body corporate
67
Repealed
68
Regulations
Division 2—Greyhound Racing Victoria
69
70
71
72
73
74
75
75A
75B
52
52
53
Constitution of Board
Term of office
Vacancies
Who to preside
Chief executive officer and other officers of Board
Travelling expenses and fees
Functions of Board
Disclosure of pecuniary interest
Consultation procedures to be established
iii
69
69
70
71
72
72
72
73
75
76
76
77
77
78
78
80
80
81
82
83
83
84
86
Section
Page
75C Reporting on consultations
76
Fund and finances of Board
76A Borrowings by Board
87
87
88
Division 3—General control of greyhound racing
Registration etc. of clubs and persons participating in
greyhound racing
77A Member of Board etc. may enter and inspect etc.
78, 79 Repealed
79A Greyhound trials and training
80
Appeals to the Board
80A Repealed
81
Panel of persons for selection for hearing and determining
appeals
81A Panel of assessors
82
Rules of Board
83
Regulations
88
77
88
90
91
92
92
93
93
94
94
96
PART IIIA—Repealed
97
83A–83E Repealed
97
PART IIIB—RACING APPEALS TRIBUNAL
83F Definitions
83G Racing Appeals Tribunal
83H Chairman and Deputy Chairmen
83I Panel of advisers
83J Registrar
83K Appeals to the Tribunal
83KA
Appeals by Stewards to the Tribunal
83L Constitution of Tribunal
83M Hearing of appeals
83MA Protection of members, legal practitioners and witnesses
83MB Contempt of Tribunal
83N Offence
83NA
Jurisdiction to hear and determine racing matters
83NB
Costs of Tribunal
83O Regulations
PART IIIC—REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL
83P
83Q
83R
83S
Definitions
Review by VCAT of occupational racing licences
Review by VCAT of bookmaking licences
Time limit for applying for review
iv
98
98
100
100
101
103
104
109
110
111
113
113
114
114
115
115
117
117
117
118
119
Section
Page
PART IV—REGISTERED BOOKMAKERS AND
CONTROLLING BODIES
84
Definitions
85–90 Repealed
91
Requirements for bookmakers to carry on business
91A Controlling bodies may make rules
91AB
Approved substitutes
91B Bookmaker's licence levy
91C Bookmaking development fund
91D Ministerial approval of rules and guidelines
91E Provision of information regarding betting records
92
Production of documents by bookmakers and bookmaker's
key employees
93–94 Repealed
94A Guarantee of bookmakers against defaults in payment of
wagers
95
Regulations
PART IVA—RACING VICTORIA CENTRE LAND
95A
95B
95C
95D
95E
Application of Part
Definition
Surrender of Racing Victoria Centre land
Crown lease
Power to enter agreements to use, sub-lease or assign interest
in Racing Victoria Centre land
95F Registrar of Titles to make necessary amendments
PART V—GENERAL
PART VI—TRANSITIONAL PROVISIONS
99
120
125
129
130
131
132
134
135
136
137
138
138
145
147
147
147
147
148
149
149
151
96
Transitional provision on repeal of Part VI
96AA
Transitional provision for change in membership of
Committee—Racing Acts (Amendment) Act 2002
96A Transitional provision for introduction of Racing Victoria—
Racing (Racing Victoria Ltd) Act 2001
96B Operation of Racing (Racing Victoria Ltd) Act 2001
96C Transitional provision for change of expiry date of certificates
of registration—Racing Acts (Amendment) Act 2002
97
98
120
Definition
Transitional provision for changes to Harness Racing
Victoria—Racing and Betting Acts (Amendment) Act 2001
Transitional provision for change to Greyhound Racing
Victoria—Racing and Betting Acts (Amendment) Act 2001
v
151
151
151
154
154
156
156
156
156
Section
Page
100
Transitional provision for change in registration of
greyhounds—Racing and Betting Acts (Amendment)
Act 2001
101–116ZB Repealed
117–129 Repealed
__________________
157
150
157
SCHEDULES
159
SCHEDULE 1—Requirements for the constitution of Racing
Victoria
159
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Incorporation of the company
Members
Object
Powers and functions
Board of Directors
Chairperson and deputy chairperson
Terms of appointment
Casual vacancies
Quorum
Voting
Remuneration
Consultation
Appointment Panel
Chairperson of Appointment Panel
Voting on decisions
Process for determining representative nominee
Alteration etc. of the constitution
Definitions
159
159
159
160
161
163
163
164
164
165
165
165
166
169
169
170
170
170
SCHEDULE 2—Specified Race-courses
171
SCHEDULES 3, 4—Repealed
159
═══════════════
ENDNOTES
178
1. General Information
178
2. Table of Amendments
179
3. Explanatory Details
194
vi
Version No. 135
Racing Act 1958
No. 6353 of 1958
Version incorporating amendments as at 1 January 2009
An Act to consolidate the Law relating to Horse Pony Trotting
and Greyhound Racing, the Registration of Bookmakers and
their Clerks, and Totalizators.
Long title
amended by
No. 8209
s. 21(1)(a)(i).
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
1 Short title and commencement
This Act may be cited as the Racing Act 1958,
and shall come into operation on a day to be fixed
by proclamation of the Governor in Council
published in the Government Gazette.
1
S. 1
amended by
Nos 6619 s. 2,
6790 s. 2, 6836
s. 2(a)(b), 7082
s. 2(a)(b), 7684
s. 2(a)(i)(ii)(b),
8209 ss 11,
18(2),
21(1)(a)(ii),
8566 s. 2, 8975
s. 2(5), 9201
s. 22 (as
amended by
No. 9427
s. 6(1)(Sch. 5
item 152)),
9427
s. 6(1)(Sch. 5
item 151),
9671 s. 23,
9924
s. 3(a)(i)(ii),
10184
s. 22(a)(b),
125/1986
s. 14(a).
Racing Act 1958
No. 6353 of 1958
s. 2
S. 2
repealed by
No. 49/1993
s. 13(1).
*
*
*
_______________
2
*
*
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 3
PART I—RACE-COURSES AND RACE-MEETINGS
Division 1—Preliminary
No. 6070 s. 3.
3 Definitions
(1) In this Part unless inconsistent with the context or
subject-matter—
approved betting event has the same meaning as
in the Gambling Regulation Act 2003;
*
*
*
*
*
approved substitute means a registered
bookmaker's key employee approved under
section 91AB by a controlling body to carry
on the business of a registered bookmaker;
*
*
*
*
betting contingency includes any event or
contingency;
3
*
S. 3(1) def. of
approved
betting event
inserted by
No. 18/2007
s. 6(a).
S. 3(1) def. of
approved
bookmaking
company
inserted by
No. 19/2002
s. 3,
repealed by
No. 73/2008
s. 3(2).
S. 3(1) def. of
approved
substitute
inserted by
No. 73/2008
s. 3(1).
S. 3(1) def. of
Authority
inserted by
No. 37/1994
s. 174(a),
repealed by
No. 114/2003
s. 12.1.3(Sch.
6 item 10.1(a)).
S. 3(1) def. of
betting
contingency
inserted by
No. 16/2001
s. 3(1)(a).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 3
S. 3(1) def. of
Board
repealed by
No. 37/1994
s. 174(b).
*
*
*
*
*
S. 3(1) def. of
bookmaker's
key employee
inserted by
No. 73/2008
s. 3(1).
bookmaker's key employee has the same meaning
as in the Gambling Regulation Act 2003;
S. 3(1) def. of
charitable
purposes
amended by
No. 8344
s. 26(3)(a).
charitable purposes means—
(a) the aiding of any institution or
benevolent society within the meaning
of the Hospitals and Charities Act
1958 or, if approved for the purposes of
this Part by the Minister by writing
under his hand, of any hospital asylum
institution or society affording
charitable relief within the meaning of
that Act which is exempted from the
operation of that Act;
(b) the aiding of the funds of any public
authority in Victoria engaged in
research into the cause prevention or
cure of disease in human beings; or
(c) the affording of charitable relief within
the meaning of that Act to any diseased
infirm incurable poor or destitute
person or persons;
S. 3(1) def. of
chief steward
inserted by
No. 55/2005
s. 3(1)(a).
chief steward, in relation to a controlling body,
means—
(a) in the case of horse racing, the person
appointed as chairman of stewards by
Racing Victoria;
(b) in the case of harness racing, the person
appointed as chairman of stewards by
Harness Racing Victoria;
4
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 3
(c) in the case of greyhound racing, the
person appointed as chief steward by
Greyhound Racing Victoria;
club includes club society or other association by
whatever name called;
club betting permit means a permit issued under
Division 2A of Part 1;
S. 3(1) def. of
club betting
permit
inserted by
No. 97/1998
s. 4.
Commission means Victorian Commission for
Gambling Regulation established by the
Gambling Regulation Act 2003;
S. 3(1) def. of
Commission
inserted by
No. 114/2003
s. 12.1.3(Sch.
6 item 10.1(b)).
conduct includes conduct carry on manage or to
assist in doing any of these things;
controlling body has the same meaning as in
Part IIIB;
S. 3(1) def. of
controlling
body
inserted by
No. 55/2005
s. 3(1)(a).
domestic partner of a person means—
S. 3(1) def. of
domestic
partner
inserted by
No. 72/2001
s. 3(Sch.
item 11.1),
substituted by
No. 12/2008
s. 73(1)(Sch. 1
item 50.1).
(a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
5
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 3
domestic support and personal care to
the person—
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
organisation);
S. 3(1) def. of
exclusion
order
inserted by
No. 55/2005
s. 3(1)(a).
exclusion order means a written order under
section 33;
General Post Office Melbourne means the post
office situate at the corner of Bourke-street
and Elizabeth-street in the city of
Melbourne;
S. 3(1) def. of
greyhound
race
inserted by
No. 37/1994
s. 174(a).
greyhound race means a race in which
greyhounds compete;
S. 3(1) def. of
harness race
inserted by
No. 9671
s. 24(b),
substituted by
No. 37/1994
s. 174(c).
harness race means a race in which horses
compete moving at a gait generally known as
pacing or trotting;
S. 3(1) def. of
horse race
inserted by
No. 37/1994
s. 174(a).
horse race means a race in which horses compete
but does not include a harness race;
6
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 3
metropolitan race-course means any of the
following: the Flemington race-course, the
Caulfield race-course, the Moonee Valley
race-course, the Sandown race-course or any
race-course within 32 kilometres of the
General Post Office Melbourne which the
Minister, by notice published in the
Government Gazette, declares to be a
metropolitan race-course;
mixed sports gathering means—
(a) a meeting for foot races bicycle races or
any other games exercises pastimes or
contests of a kind usually conducted
carried on contested or decided on any
land whatsoever to which persons are
admitted either at all times or only at
certain times (whether on payment of
an entrance fee or charge or otherwise)
for the purpose of taking part in or
witnessing any such races games
exercises pastimes or contests, being a
meeting at which—
(i) the races which take place include
races of one or more of the
following kinds, namely, horse
races, pony races and harness
races;
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
(b) a meeting for foot races bicycle races or
any other games exercises pastimes or
contests of a kind usually conducted
carried on contested or decided on any
land whatsoever to which persons are
admitted either at all times or only at
7
S. 3(1) def. of
metropolitan
race-course
inserted by
No. 9924 s. 4,
amended by
No. 37/1994
s. 174(d).
S. 3(1) def. of
mixed sports
gathering
substituted by
No. 9050
s. 2(a),
amended by
Nos 9671
s. 24(a)(c),
49/1987
s. 4(a)(b),
17/1992
s. 4(1)(a)(b),
16/2001
s. 3(1)(b).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 3
certain times (whether on payment of
an entrance fee or charge or otherwise)
for the purpose of taking part in or
witnessing any such races games
exercises pastimes or contests, being a
meeting—
(i) at which no horse race pony race
or harness race takes place; and
(ii) which is conducted by a club or
other body of persons approved by
the Minister;
S. 3(1) def. of
picnic racemeeting
amended by
Nos 9671
s. 24(a),
37/1994
s. 174(e),
repealed by
No. 16/2001
s. 3(1)(c).
S. 3(1) def. of
police
member
inserted by
No. 55/2005
s. 3(1)(a).
*
*
*
*
*
police member means member of the force within
the meaning of the Police Regulation Act
1958;
pony races or pony racing means races under
conditions limiting the height of any horse
eligible to compete therein to any height not
exceeding fourteen hands two inches;
S. 3(1) def. of
prescribed
repealed by
No. 37/1994
s. 174(b).
*
*
*
8
*
*
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 3
*
*
*
*
*
S. 3(1) def. of
professional
jockey
amended by
Nos 8503 s. 2,
9671 s. 24(a),
49/1987
s. 5(1)(a)(b),
repealed by
No. 37/1994
s. 174(b).
race-course means land used for race-meetings;
race-meeting means a meeting for the purpose of
horse racing, harness racing or greyhound
racing;
S. 3(1) def. of
race-meeting
amended by
No. 9671
s. 24(a),
substituted by
No. 37/1994
s. 174(f).
Racing Victoria means the company certified by
the Minister under section 3A(1) to be
Racing Victoria;
S. 3(1) def. of
Racing
Victoria
inserted by
No. 35/2001
s. 3.
registered bookmaker has the same meaning as in
the Gambling Regulation Act 2003;
S. 3(1) def. of
registered
bookmaker
inserted by
No. 73/2008
s. 3(1).
registered bookmaker's key employee has the
same meaning as in the Gambling
Regulation Act 2003;
S. 3(1) def. of
registered
bookmaker's
key employee
inserted by
No. 73/2008
s. 3(1).
*
*
*
9
*
*
S. 3(1) def. of
regulations
repealed by
No. 37/1994
s. 174(b).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 3
S. 3(1) def. of
restricted
harness
racing
meeting
inserted by
No. 9269 s. 2,
amended by
Nos 9671
s. 24(d)(i)(ii),
125/1986
s. 4(a)(b),
repealed by
No. 16/2001
s. 3(1)(c).
S. 3(1) def. of
specified
race-course
inserted by
No. 55/2005
s. 3(1)(a).
*
*
*
*
*
specified race-course means—
(a) an area of land described in an item in
Schedule 2;
(b) an area of land prescribed by the
regulations to be a specified racecourse for the purposes of Division 5;
S. 3(1) def. of
sporting
contingency
repealed by
No. 16/2001
s. 3(1)(c).
*
*
*
*
*
S. 3(1) def. of
spouse
inserted by
No. 72/2001
s. 3(Sch.
item 11.1),
amended by
No. 55/2005
s. 3(1)(b).
spouse of a person means a person to whom the
person is married;
S. 3(1) def. of
steward
inserted by
No. 55/2005
s. 3(1)(a).
steward has the same meaning as in Part IIIB.
S. 3(1) def. of
Trotting race
repealed by
No. 9924
s. 15(a).
*
*
*
10
*
*
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 3
(1A) For the purposes of the definition of domestic
partner in subsection (1)—
(a) registered relationship has the same
meaning as in the Relationships Act 2008;
and
(b) in determining whether persons who are not
in a registered relationship are domestic
partners of each other, all the circumstances
of their relationship are to be taken into
account, including any one or more of the
matters referred to in section 35(2) of the
Relationships Act 2008 as may be relevant
in a particular case; and
S. 3(1A)
inserted by
No. 72/2001
s. 3(Sch.
item 11.2),
substituted by
No. 12/2008
s. 73(1)(Sch. 1
item 50.2).
(c) a person is not a domestic partner of another
person only because they are co-tenants.
(2) For the purposes of this Part—
(a) any reference in this Part to the distance of a
race-course or a municipal district or part
thereof from the General Post Office
Melbourne shall be read and construed and
take effect as if it were a reference to such
distance measured according to the nearest
practicable route (by road or railway or by
road and railway, as the case may be) from
such post office to such race-course or
municipal district or part thereof;
(b) a match or race between two horses only
shall not be deemed a race-meeting.
(3) In the construction of this Part, unless the contrary
intention appears, a year shall be deemed to
commence on the first day of August.
11
S. 3(3)
amended by
No. 17/1992
s. 6(1).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 3A
S. 3(4)
substituted by
No. 9050
s. 2(b),
amended by
No. 9671 s. 28,
substituted by
No. 16/2001
s. 3(2).
S. 3(5)
inserted by
No. 55/2005
s. 3(2).
S. 3A
inserted by
No. 35/2001
s. 4.
(4) Save as otherwise provided in this Part, any mixed
sports gathering held on any land whatsoever in
Victoria shall be deemed to be a race-meeting for
the purposes of this Act.
(5) In this Part, the "duration of a race-meeting" must
be determined in accordance with section 14A.
3A Certification of company to be Racing Victoria
(1) For the purposes of this Act, the Minister may
certify that a company is Racing Victoria.
(2) The Minister must not make a certification under
subsection (1) unless—
(a) the company is registered as a company
limited by guarantee; and
(b) the Minister is satisfied that the constitution
of the company includes provisions as set out
in Schedule 1 or that are to the effect of the
provisions set out in Schedule 1.
(3) As soon as possible after making a certification
under subsection (1), the Minister must cause the
certification and a copy of the constitution of the
company to be published in the Government
Gazette.
(4) A certification under subsection (1) has effect
from the beginning of the day on which it is
published in the Government Gazette.
(5) Once the Minister has made a certification under
subsection (1), the power to make the certification
is exhausted and the Minister does not have the
power to make any further certification under that
subsection.
12
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 3B
3B Repeal or modification of constitution of Racing
Victoria
(1) If Racing Victoria resolves, by special resolution,
to modify or repeal its constitution or a provision
of its constitution, the company, on making such a
special resolution, must notify the Minister of the
special resolution.
(2) The Minister must cause a copy of a notification
given under subsection (1) to be laid before each
House of Parliament, on or before the first sitting
day of that House that occurs on or after 30 days
from the day on which the Minister received the
notification.
(3) A House of Parliament may, on or before the 6th
sitting day of that House after a copy of the
notification is laid before it under subsection (2),
resolve to disapprove the special resolution.
(4) If a House of Parliament is prorogued or the
Legislative Assembly is dissolved—
(a) the prorogation or dissolution does not affect
the power of the House to pass a resolution
disapproving the special resolution; and
(b) the calculation of sitting days of the House is
to be made as if there had been no
prorogation or dissolution.
(5) Within 14 days after the last day on which a
special resolution could be disapproved by a
House of Parliament, the Minister must cause to
be published in the Government Gazette a
certification as to whether or not the special
resolution has been disapproved by a House of
Parliament.
(6) A special resolution which has been disapproved
by a House of Parliament has no effect.
13
S. 3B
inserted by
No. 35/2001
s. 4.
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 4
(7) A special resolution which has not been
disapproved by either House of Parliament cannot
have effect until on or after the publication of the
certification under subsection (5).
Pt 1 Div. 2
(Heading)
amended by
No. 73/2008
s. 4.
No. 6070 s. 4.
S. 4
amended by
Nos 7621
s. 13(1), 9050
s. 2(c), 9269
s. 3, 9671
s. 28, 9924
s. 14(a)(b),
125/1986 s. 5,
73/1988 s. 5,
12/1991
s. 3(a),
substituted by
No. 37/1994
s. 175,
amended by
Nos 97/1998
s. 5, 16/2001
s. 4, 19/2002
s. 4, 114/2003
s. 12.1.3
(Sch. 6
item 10.2),
18/2007
s. 6(b)–(e),
substituted by
No. 73/2008
s. 5.
Division 2—Legality of betting
4 Betting with registered bookmaker
(1) Despite anything in the Gambling Regulation
Act 2003 (except Divisions 5 and 6 of Part 5 of
Chapter 4) or any other law, it is not a
contravention of that Act or law, and a racecourse
is not a common gaming house or place for the
purposes of that Act, if a person bets by way of
wagering—
(a) on any horse race, harness race or greyhound
race; or
(b) on any approved betting event; or
(c) on a group of races approved by the Minister
under section 2.5.16(1)(b) of the Gambling
Regulation Act 2003 or on a race from such
a group of races—
in accordance with this section.
(2) The racecourse must be licensed under this Part.
(3) The bet must be made—
(a) with a registered bookmaker; or
(b) with an approved substitute—
who is present on the racecourse at the time the
bet is made.
14
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 4A
(4) The bet must be made—
(a) during the holding of a race meeting at the
racecourse by a person present on the
racecourse; or
(b) at any time by a person not present on the
racecourse using a method of communication
approved by the Minister under section 4A.
(5) In this section, a reference to a racecourse licensed
under this Part includes a reference to land
otherwise authorised for the holding of race
meetings under this Part or Part III.
4A Methods of remote betting
(1) The Minister, by notice published in the
Government Gazette, may approve a method of
communication which may be used by registered
bookmakers or approved substitutes to accept bets
from persons not present on the racecourse on
which the bookmaker is carrying on business.
S. 4A
inserted by
No. 73/2008
s. 5.
(2) The Minister may give approval for any period
and on any conditions that the Minister thinks fit
and may vary or withdraw any approval so given.
5 Rules and regulations about business at racecourses, bookmakers etc.
(1) The committee or other managing body of any
club or association conducting race-meetings on
any race-course licensed under this Part may with
the approval of the Governor in Council make
alter or rescind rules and regulations for—
(a) the permitting of persons (approved by such
committee or body) to carry on any business
or vocation on any part of such race-course
and prescribing the terms and conditions
under which they may so carry on any such
business or vocation upon payment of the
15
No. 6070 s. 5.
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 5
fees or charges fixed by such rules or
regulations; and
(b) the preventing of persons not so approved
and permitted or of persons offending
against such rules or regulations from
carrying on any business or vocation upon
any part of such race-course and the
removing of such persons therefrom:
S. 5(1)
Proviso
amended by
Nos 6462
s. 2(a), 7828
s. 7(1).
Provided that on any race-course no person shall
carry on or be licensed or permitted to carry on
the business or vocation of a bookmaker except on
such parts of such race-course as are specially set
apart for that purpose, and no bookmaker or
person carrying on the business or vocation of a
bookmaker shall bet with persons apparently
under the age of eighteen years.
S. 5(2)
amended by
Nos 6462
s. 2(b), 7828
s. 7(1),
125/1986
s. 13(a).
(2) Every person who in contravention of this section
carries on the business or vocation of a
bookmaker as aforesaid, or bets with persons
apparently under the age of eighteen years shall be
guilty of an offence and liable to a penalty of not
less than 2 penalty units or more than 5 penalty
units.
S. 5(3)
amended by
No. 6790 s. 3.
(3) Any power under subsection (1) of this section or
under any Act to make rules or regulations with
respect to any licence or permit to any person to
carry on the business or vocation of a bookmaker
shall include a like power with respect to the issue
of a substitute licence or substitute permit to any
approved person nominated by the bookmaker to
act during his illness or approved cause, subject to
any conditions prescribed by such rules or
regulations, on behalf and instead of such
bookmaker for any specified period during the
currency of the original licence or permit of such
bookmaker.
16
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 5
(4) The person to whom any substitute licence or
substitute permit aforesaid is issued shall during
the currency thereof be subject to the provisions
of this Act and of every other Act in all respects as
if he were a bookmaker being the holder of a
licence or permit (other than a substitute licence
or substitute permit) issued pursuant to any law in
that behalf.
(5) A power conferred by subsection (1) to make
rules and regulations providing for the imposition
of fees may be exercised by providing for all or
any of the following matters—
S. 5(5)
inserted by
No. 17/1992
s. 12.
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
(d) fees that vary according to value or time or
any other circumstance;
(e) the manner of payment of fees;
(f) the time or times at which fees are to be paid.
(6) Rules and regulations made under this section
may be made—
(a) so as to provide for the exemption of persons
or classes of persons from any of the rules
and regulations providing for the imposition
of fees; or
S. 5(6)
inserted by
No. 17/1992
s. 12.
(b) so as to provide for the refund of fees, in
whole or in part.
(7) A bookmaker who is liable to pay a levy under
rules made under section 91B is not liable to pay a
fee under any rules or regulations made under this
section.
17
S. 5(7)
inserted by
No. 24/2000
s. 12(1).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 5A
S. 5(8)
inserted by
No. 24/2000
s. 12(1).
Pt 1 Div. 2A
(Heading and
ss 5A–5D)
inserted by
No. 97/1998
s. 6.
S. 5A
inserted by
No. 97/1998
s. 6,
amended by
Nos 114/2003
s. 12.1.3(Sch.
6 item 10.3),
18/2007 s. 6(f).
(8) If a rule or regulation made under this section is
inconsistent with a rule made under section 91A
or 91B, the rule or regulation made under this
section is void to the extent of the inconsistency.
Division 2A—Club betting permits
5A Betting in accordance with club betting permits
Despite anything in the Gambling Regulation
Act 2003 (except Divisions 5 and 6 of Part 5 of
Chapter 4) or any other law, it is not a
contravention of that Act or law, and a premises is
not a common gaming house or place for the
purposes of that Act, if a person bets by way of
wagering—
(a) at that premises and that premises is a
premises specified in a club betting permit;
and
(b) in accordance with the conditions of the
permit.
S. 5B
inserted by
No. 97/1998
s. 6.
S. 5B(1)
amended by
Nos 16/2001
s. 5, 18/2007
s. 6(g).
5B Grant of club betting permits
(1) The Minister may grant a permit to any specified
body to allow betting on any horse race, any
harness race, any greyhound race or on any
approved betting event—
(a) at the premises; and
(b) in accordance with the conditions; and
(c) on the day and for the period—
specified in the permit by the Minister.
18
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 5C
(2) In this section—
specified body means—
(a) any racing club licensed under
section 24A; or
(b) Racing Victoria, Harness Racing
Victoria or Greyhound Racing Victoria;
or
S. 5B(2) def. of
specified
body
amended by
Nos 16/2001
s. 28(Sch.
item 1),
35/2001
s. 6(Sch. 1
item 1).
(c) the Stawell Athletic Club Incorporated
or the Victorian Club Limited.
5C Conditions of the permits
(1) The Minister may specify conditions in the permit
dealing with all or any of the following matters—
S. 5C
inserted by
No. 97/1998
s. 6.
(a) the type of betting;
(b) the class of bookmakers who may conduct
the betting;
(c) the supervision of the betting and the body
who is to conduct the supervision;
(d) any other matter the Minister thinks fit.
(2) The permit is subject to a condition that the holder
of the permit must not obtain any financial benefit
from bets made under the permit.
(3) The Minister may add to, vary or revoke any
conditions on a permit.
5D Revocation of permits
The Minister may revoke a permit, for any just
and reasonable cause, at any time.
19
S. 5D
inserted by
No. 97/1998
s. 6.
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 6
Division 3—Regulation of race-meetings
Heading
preceding s. 6
repealed by
No. 37/1994
s. 176.
No. 6070 s. 6.
S. 6
amended by
No. 9924
s. 15(b),
substituted by
No. 37/1994
s. 177.
*
*
*
*
*
6 Holding of race-meetings
(1) Unless this Part otherwise provides, a racemeeting for horse racing or harness racing or
greyhound racing may only be held—
(a) on a race-course licensed under section 24
for that type of racing; and
S. 6(1)(b)
amended by
Nos 16/2001
s. 28(Sch.
item 2),
35/2001
s 6(Sch. 1
item 2(a)).
(b) by Harness Racing Victoria or Greyhound
Racing Victoria, as the case requires, or by a
club licensed under section 24A to conduct
race-meetings for that type of racing on that
race-course; and
S. 6(1)(c)
amended by
Nos 16/2001
s. 28(Sch.
item 2),
35/2001
s. 6(Sch. 1
item 2(b)).
(c) in accordance with the rules for the time
being in force of Racing Victoria or Harness
Racing Victoria or Greyhound Racing
Victoria, as the case may be.
(2) Despite subsection (1), race meetings may be
conducted, with the consent of the owners or
trustees of a licensed race-course, by one or more
of the Findon Harriers's Hunt Club, Melbourne
Hunt Club, Oaklands Hunt Club and Yarra Glen
and Lilydale Hunt Club for the benefit of such of
the hunts clubs as the Minister determines.
(3) Race-meetings must not be held on Christmas Day
or Good Friday.
20
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 7
*
*
*
*
*
No. 6070 s. 7.
7 Transfer of race-meeting to another race-course
Despite section 6, if a club licensed to conduct
race-meetings on a race-course satisfies Racing
Victoria, Harness Racing Victoria or Greyhound
Racing Victoria, as the case may be, that it is
impossible, impracticable or inexpedient to hold a
race-meeting or continue to hold race-meetings on
that race-course, Racing Victoria, Harness Racing
Victoria or Greyhound Racing Victoria, as the
case may be, may authorise the club to hold racemeetings on another race-course licensed under
this Part.
*
*
*
*
*
14A Duration of race-meetings
Unless the Minister otherwise directs, a racemeeting must commence and finish on the same
day and is deemed for the purposes of this Act and
the Gaming and Betting Act 1994 to commence
1 hour before the advertised starting time of the
first race, and to finish 1 hour after the actual
starting time of the last race, to be conducted at
that meeting.
21
S. 6A
inserted by
No. 9924 s. 5,
repealed by
No. 37/1994
s. 177.
S. 7
amended by
Nos 6836
s. 11(a), 7404
s. 2, 8344
s. 26(3)(b),
S.R. No.
166/1974,
reg. 2
Nos 8690
s. 2(a), 8776
s. 2(a)(b), 9671
s. 28,
substituted by
Nos 9924 s. 6,
37/1994 s. 177,
amended by
Nos 98/1994
s. 27(a)–(c),
16/2001
s. 28(Sch.
item 3),
35/2001
s. 6(Sch. 1
item 3).
Ss 8–14
repealed.1
S. 14A
inserted by
No. 9146
s. 2(2),
substituted by
Nos 28/1986
s. 4, 37/1994
s. 179.
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 14B
S. 14B
inserted by
No. 37/1994
s. 179,
amended by
No. 35/2001
s. 6(Sch. 1
item 4).
Ss 15–18A
repealed.2
New s. 18
inserted by
No. 73/1996
s. 79.
14B Dates and times for horse racing
Subject to this Part, the dates and times for horse
race-meetings are such dates and times as are
fixed by and under the rules for the time being in
force of Racing Victoria.
*
*
*
*
*
18 Picnic race-meetings
S. 18(1)
amended by
No. 35/2001
s. 6(Sch. 1
item 5(a)).
(1) Despite anything to the contrary in this Part, a
club may apply to the Minister for the issue of a
permit authorising the club to hold picnic racemeetings registered in accordance with the rules
of Racing Victoria on specified land 32 kilometres
or more from the General Post Office Melbourne
on any day permitted by this Act and approved by
Racing Victoria.
S. 18(2)
amended by
No. 35/2001
s. 6(Sch. 1
item 5(b)).
(2) The Minister may, after consultation with Racing
Victoria, issue such a permit, subject to any
conditions that the Minister thinks fit.
(3) A permit remains in force until it is cancelled or
surrendered.
(4) The Minister—
(a) may cancel a permit for any just and
reasonable cause stated in writing; and
S. 18(4)(b)
amended by
No. 35/2001
s. 6(Sch. 1
item 5(c)).
(b) must cancel a permit issued to a club if
Racing Victoria notifies the Minister in
writing that the club has no picnic racemeetings registered in accordance with its
rules.
22
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 19
(5) Without limiting subsection (4), the Minister may
cancel a permit if the permit is no longer correct
in its details.
(6) A picnic race-meeting authorised by a permit
under this section must be conducted under the
rules of Racing Victoria.
*
*
*
*
*
19 Picnic race-meetings and mixed sports gatherings in
country
(1) Notwithstanding anything to the contrary in this
Part any club or association or body of persons
may with the previous consent, with or without
conditions, in writing of the Minister or of any
person duly authorized in that behalf by the
Minister (whether generally or in any particular
case) and on payment of the prescribed fee (if
any) hold a mixed sports gathering on land
approved by the Minister or any authorized person
aforesaid for the holding of such gathering on any
specified day including ANZAC Day.
23
S. 18(6)
amended by
No. 35/2001
s. 6(Sch. 1
item 5(d)).
Heading
preceding
s. 19
repealed by
No. 37/1994
s. 180(e).
No. 6070 s. 19.
S. 19
amended by
Nos 6607
s. 2(b)(i), 6851
s. 2(a), 8344
s. 26(3)(g),
S.R. No.
166/1974
reg. 2,
Nos 9671 s. 2,
9902
s. 2(1)(Sch.
item 215).
S. 19(1)
amended by
Nos 17/1992
s. 4(2),
73/1996
s. 80(a)(i)(ii),
97/1998 s. 7,
16/2001 s. 6,
96/2003
s. 17(1).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 19A
S. 19(1A)
inserted by
No. 9050
s. 2(d),
amended by
No. 9388 s. 9,
repealed by
No. 17/1992
s. 4(3).
S. 19(1B)
inserted by
No. 19/1986
s. 16,
repealed by
No. 17/1992
s. 4(3).
S. 19(2)
inserted by
No. 6607
s. 2(b)(ii),
amended by
Nos 6851
s. 2(b),
73/1996
s. 80(b),
96/2003
s. 17(1).
S. 19AA
inserted by
No. 37/1994
s. 181,
repealed by
No. 97/1998
s. 8.
S. 19A
inserted by
No. 9269 s. 4,
amended by
Nos 9671
ss 29, 30,
125/1986 s. 5,
37/1994
s. 182(a),
substituted by
No. 73/1996
s. 81.
S. 19A(1)
amended by
No. 16/2001
s. 28(Sch.
item 4(a)).
*
*
*
*
*
*
*
*
*
*
(2) Where any mixed sports gathering is held
pursuant to subsection (1) of this section on
ANZAC Day in any year the provisions of
subsections (3) and (4) of section twenty-two A
and of section twenty-two B of this Act shall
apply as if such mixed sports gathering were a
race-meeting.
*
*
*
*
*
19A Restricted harness racing meetings
(1) Despite anything to the contrary in this Part, a
club may apply to the Minister for the issue of a
permit authorising the club to hold restricted
24
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 19A
harness racing meetings approved in accordance
with the rules of Harness Racing Victoria on
specified land 32 kilometres or more from the
General Post Office Melbourne on any day
permitted by this Act and approved by Harness
Racing Victoria.
(2) The Minister may, after consultation with Harness
Racing Victoria, issue such a permit, subject to
any conditions that the Minister thinks fit.
S. 19A(2)
amended by
No. 16/2001
s. 28(Sch.
item 4(b)).
(3) A permit remains in force until it is cancelled or
surrendered.
(4) The Minister—
(a) may cancel a permit for any just and
reasonable cause stated in writing; and
(b) must cancel a permit issued to a club if
Harness Racing Victoria notifies the Minister
in writing that the club has no restricted
harness racing meetings approved in
accordance with its rules.
S. 19A(4)(b)
amended by
No. 16/2001
s. 28(Sch.
item 4(c)).
(5) Without limiting subsection (4), the Minister may
cancel a permit if the permit is no longer correct
in its details.
(6) A restricted harness racing meeting authorised by
a permit under this section must be conducted
under the rules of Harness Racing Victoria.
25
S. 19A(6)
amended by
No. 16/2001
s. 28(Sch.
item 4(d)).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 20
No. 6070 s. 20.
20 Point-to-point steeplechases held by hunt clubs
S. 20
amended by
No. 8344
s. 26(3)(h),
substituted by
No. 73/1996
s. 82.
S. 20(1)
amended by
No. 35/2001
s. 6(Sch. 1
item 6(a)).
(1) Despite anything to the contrary in this Part, a
hunt club may apply to the Minister for the issue
of a permit authorising the hunt club to hold pointto-point steeplechase races registered in
accordance with the rules of Racing Victoria on
specified land on any day permitted by this Act
and approved by Racing Victoria.
S. 20(2)
amended by
No. 35/2001
s. 6(Sch. 1
item 6(b)).
(2) The Minister may, after consultation with Racing
Victoria, issue such a permit, subject to any
conditions that the Minister thinks fit.
(3) A permit remains in force until it is cancelled or
surrendered.
(4) The Minister—
(a) may cancel a permit for any just and
reasonable cause stated in writing; and
S. 20(4)(b)
amended by
No. 35/2001
s. 6(Sch. 1
item 6(c)).
(b) must cancel a permit issued to a hunt club if
Racing Victoria notifies the Minister in
writing that the hunt club has no point-topoint steeplechase races registered in
accordance with its rules.
(5) Without limiting subsection (4), the Minister may
cancel a permit if the permit is no longer correct
in its details.
S. 20(6)
amended by
No. 35/2001
s. 6(Sch. 1
item 6(d)).
(6) Point-to-point steeplechase races authorised by a
permit under this section must be conducted under
the rules of Racing Victoria.
26
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 21
(7) Nothing done or omitted to be done in accordance
with a permit shall be taken to be an offence under
this Part.
(8) Nothing in this section relieves a person
concerned in holding point-to-point steeplechase
races in accordance with a permit from any civil
liability which the person has incurred by reason
of having been so concerned.
No. 6070 s. 21.
21 Charitable race-meetings on metropolitan racecourses in excess of statutory number
(1) Notwithstanding anything to the contrary in this
Part the Minister may permit the owners or
trustees of any race-course to hold race-meetings
on such race-course for any charitable or
benevolent purpose.
S. 21(1)
amended by
Nos 6836
s. 11(a), 8344
s. 26(3)(i),
8566 s. 4(1),
S.R. No.
166/1974
reg. 2,
No. 37/1994
s. 182(b)(c).
(2) The net profit from any such meeting must be paid
by the racing club conducting the meeting to the
Hospitals and Charities Fund within 2 months
from the day on which the meeting was held.
S. 21(2)
amended by
No. 8344
s. 26(3)(i),
S.R. No.
166/1974
reg. 2,
substituted by
No. 97/1998
s. 9.
*
*
*
*
*
(3) In this section Hospitals and Charities Fund
means the Hospitals and Charities Fund
established under the Health Services Act 1988.
27
S. 21(2)
Proviso
repealed by
No. 37/1994
s. 182(d).
S. 21(3)
substituted by
No. 97/1998
s. 9.
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 22
S. 21(4)
repealed by
No. 8566
s. 4(2).
No. 6070 s. 22.
S. 22
amended by
Nos 7621
s. 13(2)(a),
114/2003
s. 12.1.3(Sch.
6 item 10.4(a)).
*
*
*
*
22 Harness races at agricultural shows
Notwithstanding anything to the contrary in this
Act or the Gambling Regulation Act 2003—
S. 22(a)
substituted by
No. 6678 s. 2,
amended by
Nos 8344
s. 26(3)(j),
9671 s. 28,
73/1996
s. 85(a).
S. 22(a)(i)
amended by
No. 9038
s. 2(a),
repealed by
No. 73/1996
s. 85(b).
*
(a) the holding of not more than six harness
races (of which in the case of the Royal
Agricultural Society of Victoria not more
than three shall be held before seven o'clock
in the evening and not more than three shall
be held after seven o'clock in the evening) on
any one day at the annual show of any
Agricultural Society shall not be unlawful
if—
*
*
*
*
*
(ii) the total amount of the prize or prizes in
money (if any)—
(in the case of the Royal Agricultural
Society of Victoria) given in respect of
all such races on any day does not
exceed the sum of $1200; or (in the
case of any other Agricultural Society)
given in respect of any one of such
races on any day does not exceed the
sum of $150; and
28
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 22
(iii) all such races are registered by and
under the rules for the time being in
force of Harness Racing Victoria;
S. 22(a)(iii)
amended by
Nos 9671
s. 29, 16/2001
s. 28(Sch.
item 5).
(b) races held in accordance with the foregoing
provisions of this section shall not—
S. 22(b)(i)
amended by
Nos 7621
s. 13(2)(b)(i),
114/2003
s. 12.1.3
(Sch. 6
item 10.4(b)).
(i) for the purposes of this Part and the
Gambling Regulation Act 2003 be
deemed to be a race-meeting; and
*
*
*
*
*
(c) every person who (whether on any of such
races or on any other betting contingency) on
the land on which such show is being held or
on any place adjacent thereto whether on his
own behalf or for any other person wagers or
bets or offers to wager or bet or pays or
offers or promises to pay any wager or bet
shall be liable to a penalty of not less than
2 penalty units or more than 10 penalty units
for every such offence.
29
S. 22(b)(ii)
amended by
No. 7621
s. 13(2)(b)(ii),
repealed by
No. 114/2003
s. 12.1.3
(Sch. 6
item 10.4(c)).
S. 22(c)
amended by
Nos 125/1986
s. 13(b),
16/2001 s. 7.
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 22A
S. 22A
inserted by
No. 6607
s. 2(a).
22A Race-meetings on ANZAC Day
S. 22A
(Heading)
inserted by
No. 96/2003
s. 17(2).
S. 22A(1)
amended by
No. 96/2003
s. 17(3).
(1) No race-meeting for horse races shall be held on
ANZAC Day in any year except—
S. 22A(1)(a)
amended by
Nos 6836
s. 11(a), 8344
s. 26(3)(k),
S.R. No.
166/1974
reg. 2,
Nos 8776
s. 2(f), 40/2006
s. 41.
(a) one race-meeting conducted by Victoria
Racing Club Limited on the Flemington
Race-course; and
S. 22A(1)(b)
substituted by
No. 37/1994
s. 182(e).
(b) such other race-meetings on such racecourses as the Minister determines.
S. 22A(2)
amended by
Nos 9671
s. 28, 96/2003
s. 17(3).
(2) No race-meeting for harness races shall be held on
ANZAC Day in any year except—
S. 22A(2)(a)
amended by
No. 9671 s. 29,
substituted by
No. 37/1994
s. 182(f).
(a) one race-meeting on a race-course licensed
for harness racing within 32 kilometres of
the General Post Office Melbourne; and
S. 22A(2)(b)
amended by
No. 6836
s. 11(a),
S.R. No.
166/1974
reg. 2,
Nos 9671
s. 29, 16/2001
s. 28(Sch.
item 6).
(b) one race-meeting on each of such racecourses not being within 32 kilometres of the
General Post Office Melbourne as Harness
Racing Victoria determines.
30
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 22A
(3) A race at any race-meeting on ANZAC Day must
not commence before 1 p.m.
(4) The person club or other body by or on behalf of
whom or which any race-meeting is held on
ANZAC Day shall within two months after the
holding of such race-meeting—
S. 22A(3)
amended by
Nos 6836
s. 11(a), 8566
s. 5, S.R. No.
166/1974
reg. 2,
substituted by
No. 28/1986
s. 5,
amended by
No. 96/2003
s. 17(3).
S. 22A(4)
amended by
Nos 8344
s. 26(3)(k),
96/2003
s. 17(3).
(a) supply to the Minister a detailed statement
correctly setting out all receipts and
expenditure in connexion with such racemeeting and verified by statutory declaration
made by such person or by the president or
chairman and the secretary or treasurer of
such club or body; and
(b) pay the whole of the net profit from such
race-meeting into the ANZAC Day Proceeds
Fund established under the ANZAC Day
Act 1958: Provided that the Minister may
before the race-meeting is held authorize the
payment of the net profit therefrom to any
institution or organization in the district of
the race-course if he is satisfied, after
consultation with the president for the time
being of the Victorian branch of the
Returned Services League of Australia, that
such institution or organization is one whose
objects would permit it to be recommended
to share in the distribution of the said Fund
under subsection (3) of section four A of the
said Act.
31
S. 22A(4)(b)
amended by
Nos 49/1987
s. 24(1)(a),
37/1994
s. 182(g)(i)(ii),
96/2003
s. 17(3).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 22B
*
*
*
*
*
S. 22A(6)
repealed by
No. 37/1994
s. 182(h).
*
*
*
*
*
S. 22A(7)
substituted by
No. 17/1992
s. 6(2),
repealed by
No. 37/1994
s. 182(h).
*
*
*
*
*
S. 22A(5)
amended by
Nos 9671
s. 28, 9924
s. 10(2) (as
amended by
No. 10087
s. 3(1)(Sch. 1
item 198)),
repealed by
No. 37/1994
s. 182(h).
S. 22B
inserted by
No. 6607
s. 2(a),
amended by
Nos 125/1986
s. 13(g),
96/2003
s. 17(4).
S. 22C
repealed.3
22B Penalty for failure to supply statement of receipts
and expenditure or pay net profit from race-meeting
to Fund
If the net profit from any race-meeting held
on ANZAC Day is not paid as provided in
subsection (4) of section twenty-two A of this Act
or if the statement of receipts and expenditure is
not supplied in accordance with that subsection
the person club or other body by or on behalf of
whom or which such race-meeting was held and
each member of the managing body or committee
of such club or other body shall be liable to a
penalty of not more than 10 penalty units.
*
*
*
32
*
*
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 23
*
*
*
*
*
Heading
preceding
s. 23
repealed by
No. 37/1994
s. 182(j).
No. 6070 s. 23.
23 Penalty for holding unauthorized race-meeting
If any race-meeting is held in contravention of this
Part the owner or trustees of the race-course and
the club association or person by or on behalf of
which or whom such race-meeting was so held
and each member of the managing body or
committee of such trustees club or association and
any person acting at such race-meeting as steward
starter or judge shall be liable to a penalty of not
less than 10 penalty units or more than
100 penalty units, but no person shall be liable
if it is shown that he did not act wilfully in
contravention of this Part.
S. 23
amended by
No. 125/1986
s. 13(c).
Division 4—Issue of licences, &c.
*
*
*
*
*
Heading
preceding
s. 24
repealed by
No. 37/1994
s. 182(k).
No. 6070 s. 24.
24 Race-course licence
(1) The Minister may issue a race-course licence
which authorises the holding of race-meetings for
such one or more of the following types of racing
on the race-course—
(a) horse racing;
(b) harness racing;
(c) greyhound racing—
as are specified in the licence.
33
S. 24
amended by
Nos 6836
s. 11(a), 7621
s. 12(2), 8344
s. 26(3)(l),
S.R. No.
166/1974
reg. 2,
No. 9671
ss 28, 29,
substituted by
No. 37/1994
s. 183.
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 24
S. 24(2)
repealed by
No. 73/1996
s. 76(1).
*
*
*
*
*
(3) The Minister may issue such a licence if satisfied
that—
(a) the location is appropriate; and
(b) the facilities are suitable—
for a race-course.
S. 24(4)
substituted by
No. 73/1996
s. 76(2).
(4) Subject to subsection (5), a licence may be subject
to any conditions that the Minister thinks fit.
(5) A licence must not contain a condition restricting
or specifying—
(a) the number of race-meetings which may be
held; or
(b) the times at which or the days on which racemeetings may be held.
S. 24(6)
substituted by
No. 73/1996
s. 76(3).
(6) A licence remains in force until it is cancelled or
surrendered.
S. 24(7)
substituted by
No. 73/1996
s. 76(3).
(7) The Minister—
(a) may cancel a licence for any just and
reasonable cause stated in writing; and
(b) must cancel a licence if the Minister is
satisfied that the race-course in respect of
which the licence is issued is no longer
required by any club licensed under
section 24A for the purpose of holding
race-meetings.
34
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 24A
(8) Without limiting subsection (7), the Minister may
cancel a licence if—
(a) the licensee has contravened this Act or the
regulations or a condition of the licence; or
(b) the Minister is no longer satisfied as required
by subsection (3); or.
S. 24(8)(b)
amended by
No. 73/1996
s. 76(4).
(c) the licence is no longer correct in its details.
S. 24(8)(c)
inserted by
No. 73/1996
s. 76(4).
24A Racing-club licence
(1) In this section club means—
S. 24A
inserted by
No. 37/1994
s. 183.
(a) a club registered in accordance with the rules
of Racing Victoria;
S. 24A(1)(a)
amended by
No. 35/2001
s. 6(Sch. 1
item 7(a)).
(b) a club registered in accordance with the rules
of Harness Racing Victoria;
S. 24A(1)(b)
amended by
No. 16/2001
s. 28(Sch.
item 7(a)).
(c) a club registered in accordance with the rules
of Greyhound Racing Victoria.
S. 24A(1)(c)
amended by
No. 16/2001
s. 28(Sch.
item 7(b)).
(2) A club referred to in subsection (1)(a) may apply
to the Minister for the issue of a racing-club
licence which authorises the club to conduct racemeetings for horse racing on specified racecourses licensed under section 24 for horse racing.
(3) A club referred to in subsection (1)(b) may apply
to the Minister for the issue of a racing-club
licence which authorises the club to conduct racemeetings for harness racing on one or more
specified race-courses which are licensed under
section 24 for harness racing.
35
S. 24A(3)
amended by
No. 97/1998
s. 10(1).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 24A
S. 24A(4)
amended by
No. 97/1998
s. 10(2).
S. 24A(5)
repealed by
No. 73/1996
s. 77(1).
(4) A club referred to in subsection (1)(c) may apply
to the Minister for the issue of a racing-club
licence which authorises the club to conduct racemeetings for greyhound racing on one or more
specified race-courses which are licensed under
section 24 for greyhound racing.
*
*
*
*
*
(6) The Minister, after consultation with the
Authority, must issue such a licence if satisfied
that the applicant and its officers, if any, are of
good reputation having regard to character,
honesty and integrity.
S. 24A(7)
substituted by
No. 73/1996
s. 77(2).
(7) Subject to subsection (8), a licence may be subject
to any conditions that the Minister thinks fit.
(8) A licence must not contain a condition restricting
or specifying—
(a) the number of race-meetings which may be
held; or
(b) the times at which or the days on which racemeetings may be held.
S. 24A(9)
substituted by
No. 73/1996
s. 77(3).
S. 24A(10)
substituted by
No. 73/1996
s. 77(3).
S. 24A(10)(b)
amended by
Nos 16/2001
s. 28(Sch.
item 7(c)),
35/2001
s. 6(Sch. 1
item 7(b)).
(9) A licence remains in force until it is cancelled or
surrendered.
(10) The Minister—
(a) may cancel a licence for any just and
reasonable cause stated in writing; and
(b) must cancel a licence if Racing Victoria or
Harness Racing Victoria or Greyhound
Racing Victoria (as the case may be) notifies
the Minister in writing that the licensee is no
longer registered in accordance with the
relevant rules referred to in subsection (1).
36
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 25
(11) Without limiting subsection (10), the Minister
may cancel a licence if—
(a) the licensee has contravened this Act or the
regulations or a condition of the licence; or
(b) the licensee has contravened the rules of the
club referred to in section 26 or 59A, as the
case may be; or
(c) the Minister is no longer satisfied as required
by subsection (6); or
S. 24A(11)(c)
amended by
No. 73/1996
s. 77(4).
(d) the licence is no longer correct in its details.
S. 24A(11)(d)
inserted by
No. 73/1996
s. 77(4).
(11A) The Minister may, at any time, consult with the
Authority about a club or an office holder of a
club.
S. 24A(11A)
inserted by
No. 16/2001
s. 8.
(12) A club may hold more than one racing-club
licence.
(13) A club holding a racing-club licence must furnish
to the Minister its annual report and financial
statements within 3 months after the end of the
year to which they relate.
No. 6070 s. 25.
25 Map of race-course
With each application for a first licence for a racecourse the applicant shall furnish the Minister
with a map or plan thereof showing the runningcourse and the length thereof and with such
information as may be required by the Minister.
S. 25
amended by
Nos 8344
s. 26(3)(m),
37/1994
s. 184(a),
73/1996
s. 78.
No. 6070 s. 26.
26 Rules of the club
(1) Before a licence authorizing any club to conduct a
race-meeting is issued there shall be submitted to
the Minister for his approval a copy of the rules
constituting the club and prescribing the
37
S. 26
amended by
No. 8344
s. 26(3)(n).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 29
conditions under which the club may use the racecourse upon which its meetings are to be
conducted.
S. 26(2)
amended by
No. 16/2001
s. 9(1).
S. 26(2A)
inserted by
No. 16/2001
s. 9(2).
S. 26(3)
inserted by
No. 28/1986
s. 6.
Ss 27, 28
repealed.4
No. 6070 s. 29.
S. 29(1)
amended by
No. 37/1994
s. 185(1).
S. 29(1A)
inserted by
No. 37/1994
s. 185(2).
(2) Any club which changes its constitution or the
conditions under which it may use a race-course
shall submit such alteration for the approval of the
Minister within twenty-eight days of such
alteration.
(2A) A change to the constitution of a club or to the
conditions under which a club may use a racecourse does not take effect until it is approved by
the Minister.
(3) Nothing in this section confers any power or
imposes any obligation on the Minister to enforce
any rules which are approved in accordance with
this section.
*
*
*
*
29 Licences not to authorize benefit meetings
(1) A race-course licence or racing club licence shall
not authorize the conduct of a race-meeting from
the profits of which any person receives a direct
financial benefit.
(1A) A person must not knowingly receive a direct
financial benefit from the profits of a racemeeting.
Penalty: 1000 penalty units.
S. 29(1B)
inserted by
No. 37/1994
s. 185(2).
*
(1B) A person must not conduct a race-meeting
knowing that a person will receive a direct
financial benefit from the profits of the racemeeting.
Penalty: 1000 penalty units.
38
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 32
(1C) If a club or association conducts a race-meeting
and a person receives a direct financial benefit
from the profits of the race-meeting, each member
of the managing body or committee of the club or
association is guilty of an offence.
S. 29(1C)
inserted by
No. 37/1994
s. 185(2).
Penalty: 1000 penalty units.
(1D) In proceedings against a person for an offence
under subsection (1C), it is a defence to prove that
the person charged did not know that a person was
to receive a direct financial benefit of the kind
referred to in that subsection.
(2) Payment to an employee of the club for his or her
services in relation to the functions of the club
shall not be deemed to be a direct benefit for the
purposes of this section.
S. 29(1D)
inserted by
No. 37/1994
s. 185(2).
S. 29(2)
amended by
No. 37/1994
s. 185(3)(a)(b).
*
*
*
*
*
Ss 30, 31
repealed.5
*
*
*
*
*
Heading
preceding
s. 32
amended by
No. 9671 s. 28,
repealed by
No. 37/1994
s. 186(b).
32 Licences for harness race-meetings held by Harness
Racing Victoria
*
*
*
*
*
(6A) Notwithstanding anything to the contrary in this
Act, the Minister may from time to time issue a
permit to Harness Racing Victoria authorizing on
such terms and conditions as he thinks fit the
holding of a harness race-meeting on a specified
race-course while a licence is in force in respect of
the race-course.
39
No. 6070 s. 32.
S. 32(1)–(6)
repealed.6
S. 32(6A)
inserted by
No. 9671
s. 3(a),
amended by
Nos 49/1987
s. 24(1)(b),
16/2001
s. 28(Sch.
item 8).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 33
S. 32(7)
inserted by
No. 7691 s. 2,
amended by
No. 9671
ss 3(b), 28,
repealed by
No. 37/1994
s. 186(c).
S. 32(8)
inserted by
No. 7691 s. 2,
amended by
No. 9671
ss 3(c), 28,
repealed by
No. 37/1994
s. 186(c).
Pt 1 Div. 5
(Heading and
s. 33)
amended by
Nos 6836
s. 11(a), 8209
s. 3, 8344
s. 26(3)(q),
S.R. No.
166/1974
reg. 2,
Nos 9671
s. 28, 9924
s. 11(1)(2),
repealed by
No. 37/1994
s. 186(d), new
Pt 1 Div. 5
(Heading and
ss 33–35D)
inserted by
No. 55/2005
s. 4.
New s. 33
inserted by
No. 55/2005
s. 4.
*
*
*
*
*
*
*
*
*
*
Division 5—Exclusion orders by Chief Commissioner of
Police
33 Exclusion orders by Chief Commissioner of Police
(1) The Chief Commissioner of Police may, if he or
she considers it necessary in the public interest, by
written order given to a person, prohibit the
person from entering, or remaining at—
(a) a specified race-course; or
40
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 34
(b) two or more specified race-courses—
for the duration of a race-meeting at the racecourse.
(2) Nothing in this section empowers the Chief
Commissioner of Police to make an exclusion
order in respect of a person who holds a
bookmaking licence or an occupational racing
licence within the meaning of Part IIIC.
34 Duration of exclusion orders
An exclusion order remains in force in respect of a
person until it is revoked by the Chief
Commissioner of Police.
35 List and photographs of excluded persons
(1) The Chief Commissioner of Police must prepare
and keep a list of names of persons who are the
subject of an exclusion order and indicate the
specified race-course to which that order relates.
Note
Under section 37(c) of the Interpretation of Legislation
Act 1984, words in the singular also include the plural.
(2) The Chief Commissioner of Police must—
(a) on the making of an exclusion order, add the
name of the person the subject of the order to
the list kept under subsection (1); and
(b) on the amendment of an exclusion order
made with respect to the order's scope, add
to or omit from the list kept under subsection
(1) a specified race-course in accordance
with that amendment; and
(c) on the revocation of an exclusion order, omit
the name of the person who was the subject
of the order from the list kept under
subsection (1).
41
New s. 34
inserted by
No. 55/2005
s. 4.
New s. 35
inserted by
No. 55/2005
s. 4.
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 35A
(3) The Chief Commissioner of Police must ensure
that an up-to-date copy of a list kept under
subsection (1) is provided to the chief steward of
each of the controlling bodies as soon as
practicable after the list is prepared under that
subsection or amended under subsection (2), as
the case requires.
(4) The Chief Commissioner of Police must, if he or
she has one, give to the chief steward of each of
the controlling bodies a photograph of each person
whose name is on the list provided to the chief
steward under subsection (3) as soon as
practicable after the name of the person is added
to the list.
New s. 35A
inserted by
No. 55/2005
s. 4.
35A Provision of list and photographs to stewards
New s. 35B
inserted by
No. 55/2005
s. 4.
35B Excluded person not to enter race-course
The chief steward of a controlling body may give
to a steward a copy of the up-to-date list and
photographs provided to the chief steward under
section 35.
A person who is the subject of an exclusion order
relating to a specified race-course must not enter,
or remain at, the race-course at any time during
the duration of a race-meeting.
Penalty: 20 penalty units.
S. 35C
inserted by
No. 55/2005
s. 4.
35C Notifying police of presence of excluded persons
A steward who reasonably believes that a person
who is the subject of an exclusion order is at a
specified race-course at any time during the
duration of a race-meeting, must notify a police
member as soon as practicable.
42
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 35D
35D Police powers of entry to a race-course
A police member may, on being authorised by a
steward so to do, enter any part of a specified
race-course to which the public does not have
access and remain there for the purpose of
enforcing an exclusion order for the duration of a
race-meeting.
*
*
*
S. 35D
inserted by
No. 55/2005
s. 4.
*
*
Pt 1 Div. 5A
(Heading and
ss 34–35B)
amended by
Nos 6836
s. 11(a), 7621
s. 12(3)(4),
7684 s. 4, 7899
s. 2(1)–(3),
8209 s. 4(a)–
(c), 8344
s. 26(3)(r)–(t),
9671 ss 28, 29,
49/1987
ss 14(a)(b),
24(1)(c)(i)–(iii),
repealed by
No. 37/1994
s. 186(d).
*
*
Heading
preceding
s. 36
repealed by
No. 37/1994
s. 186(e).
Division 6—Miscellaneous
*
*
*
No. 6070 s. 36.
36 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
*
*
*
*
(c) licences and permits and applications
therefor and reasonable fees for permits;
43
*
S. 36(1)(a)(b)
repealed by
No. 37/1994
s. 186(f).
Racing Act 1958
No. 6353 of 1958
Part I—Race-Courses and Race-Meetings
s. 37
S. 36(1)(ca)
inserted by
No. 6607
s. 2(d).
S. 36(1)(d)
amended by
No. 7684 s. 5,
repealed by
No. 37/1994
s. 186(f).
(ca) forms to be used for the purposes of this
Part;
*
*
*
*
*
(e) generally, any matter or thing which is
authorized or required to be prescribed or
necessary or convenient to be prescribed for
carrying into effect the purposes of this Part.
S. 36(2)
repealed by
No. 6886 s. 3,
new s. 36(2)
inserted by
No. 49/1987
s. 23(a).
Heading
preceding
s. 37
repealed by
No. 37/1994
s. 186(g).
No. 6070 s. 37.
(2) The regulations may apply, adopt or incorporate
(with or without modification) any matter
contained in any document issued or adopted by
any specified person or body as issued or adopted
at the time the regulation is made or at any time
before then.
*
*
*
*
*
37 No right to compensation
It is hereby declared that no person or body of
persons corporate or unincorporate shall have any
right to compensation for any loss or damage
whatsoever by reason of the operation of this Part
or of any Act passed in this or in any future
session of Parliament relating to the subjectmatter of this Part.
_______________
44
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 38
PART II—HARNESS RACING VICTORIA
Pt 2
(Heading)
substituted by
Nos 9671
s. 25, 16/2001
s. 28(Sch.
item 9).
No. 6070 s. 38.
38 Definitions
(1) In this Part unless inconsistent with the context or
subject-matter—
S. 38
amended by
No. 45/2004
s. 4(2) (ILA
s. 39B(1)).
Board means Harness Racing Victoria constituted
under this Part;
S. 38(1) def. of
Board
amended by
Nos 9671
s. 29, 16/2001
s. 28(Sch.
item 10).
harness racing club means any person or body
corporate or unincorporate approved by the
Board who or which conducts harness races,
and includes the Board;
S. 38(1) def. of
harness
racing club
inserted by
No. 9671
s. 26(a).
harness racing industry participant means—
S. 38(1) def. of
harness
racing
industry
participant
inserted by
No. 45/2004
s. 4(1),
amended by
No. 73/2008
s. 6.
(a) a harness racing club (other than the
Board); or
(b) an association or body (whether
incorporated or unincorporated)—
(i) the members of which are owners,
breeders, trainers or drivers of
horses which compete in harness
races, or registered bookmakers;
and
(ii) which represents and promotes the
interests of those members; or
45
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 38
(c) an association or body involved in
harness racing declared to be a harness
racing industry participant under
subsection (2);
practising public accountant means member in
public practice of any body of accountants or
auditors approved by the Governor in
Council for the purposes of this Part;
regulations means regulations made by the
Governor in Council pursuant to this Part;
rules means rules made by the Board pursuant to
this Part.
S. 38(1) def. of
trotting club
repealed by
No. 9671
s. 26(b).
S. 38(2)
inserted by
No. 45/2004
s. 4(2).
*
*
*
*
*
(2) For the purposes of paragraph (c) of the definition
of harness racing industry participant, the
Minister may, in writing, declare an association or
body (whether incorporated or unincorporated)—
(a) the members of which are persons or bodies
involved in harness racing; and
(b) that is not an association or body referred to
in paragraph (a) or (b) of the definition of
harness racing industry participant—
to be a harness racing industry participant.
46
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 39
39 Harness Racing Victoria
Nos 6070
ss 39, 44, 6092
s. 3(1)(3).
(1) For the purpose of this Act there shall be a Board
which shall be a body corporate in the name of
Harness Racing Victoria and shall have perpetual
succession and a common seal and be capable in
law of suing and being sued and, subject to and
for the purposes of this Act, of purchasing taking
holding selling leasing taking on lease exchanging
mortgaging or disposing of land or any real or
personal property and of doing and suffering all
such other acts and things as bodies corporate may
by law do and suffer.
S. 39(1)
substituted by
No. 7000
s. 3(1),
amended by
Nos 8989 s. 2,
9671 s. 29,
16/2001 s. 10.
(2) The Board shall consist of 7 members appointed
by the Governor in Council of whom—
S. 39(2)
amended by
Nos 8209
s. 5(a)(i)–(iii),
S.R. No.
166/1974
reg. 2,
No. 9146
s. 3(a)–(c),
substituted by
No. 49/1993
s. 6(1),
amended by
No. 16/2001
s. 11(a).
(a) one shall be chairperson;
S. 39(2)(b)
substituted by
No. 16/2001
s. 11(b).
(b) three are persons who have experience in
business or marketing;
*
*
*
*
*
(d) three are persons who have experience in the
harness racing industry.
47
S. 39(2)(c)
repealed by
No. 16/2001
s. 11(b).
S. 39(2)(d)
amended by
No. 16/2001
s. 11(c).
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 40
S. 39(3)
amended by
Nos 8209
s. 5(b)(i)(ii),
49/1987
s. 24(1)(d)
(i)–(iii),
repealed by
No. 49/1993
s. 6(2),
new s. 39(3)
inserted by
No. 77/1993
s. 4(1).
S. 39(4)
substituted by
Nos 49/1993
s. 6(3),
83/1995
s. 11(1).
No. 6070 s. 40.
S. 40(1)
amended by
No. 97/1998
s. 11.
(3) The Minister may appoint a member other than
the chairperson to be deputy chairperson of the
Board.
(4) Each member of the Board is severally entitled to
be paid remuneration and travelling and other
allowances (if any) that are fixed by the Governor
in Council in respect of that member.
40 Term of office
(1) Subject to this Part the members of the Board
shall hold office for the term, not exceeding
3 years, which is specified in the instrument of
his or her appointment, and shall be eligible for
re-appointment.
(2) The Governor in Council may at any time
determine the appointment of any member of the
Board.
No. 6070 s. 41.
41 Vacancies
(1) The office of any member of the Board shall
become vacant—
(a) at the expiration of his term of office;
(b) if he dies;
(c) if he is incapable of continuing a member;
S. 41(1)(d)
amended by
No. 7621
s. 12(5).
(d) if he resigns in writing under his hand
addressed to the Minister;
48
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 42
(e) if without leave granted by the Minister he
fails to attend three successive meetings of
the Board;
S. 41(1)(e)
amended by
No. 9201
s. 10(a).
(ea) if he accepts or holds any place of profit
under the Board;
S. 41(1)(ea)
inserted by
No. 9201
s. 10(b).
(eb) if he fails to comply with the provisions of
section 45A(1); or
S. 41(1)(eb)
inserted by
No. 9201
s. 10(b).
(f) if his appointment is terminated by the
Governor in Council.
(2) If the office of a member of the Board becomes
vacant otherwise than by the retirement of such
member at the expiration of his term of office a
qualified person shall in accordance with this Part
be appointed to fill the extraordinary vacancy.
(3) Any person appointed to fill an extraordinary
vacancy holds office for the period, not exceeding
3 years, which is specified in the instrument of his
or her appointment.
S. 41(3)
substituted by
No. 97/1998
s. 12.
Nos 6070
s. 42, 6092
s. 3(4).
42 Meetings
(1) The chairperson must preside at all meetings of
the Board or, in his or her absence, the deputy
chairperson or, in the absence of both the
chairperson and the deputy chairperson, a member
of the Board chosen by the members present, must
preside.
S. 42(1)
substituted by
No. 77/1993
s. 4(2).
(2) A quorum of the Board shall consist of four
members.
S. 42(2)
amended by
Nos 49/1993
s. 6(4),
16/2001 s. 12.
49
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 43
(3) During any vacancy in the office of member the
continuing members may, subject to there being a
quorum, act as if no vacancy had occurred.
S. 42(4)
amended by
No. 77/1993
s. 4(3).
(4) In the case of an equality of votes at any meeting
of the Board the person presiding at the meeting
shall have a second or casting vote.
(5) Subject to this Part the Board may regulate its
own procedure.
No. 6070 s. 43.
S. 43
substituted by
No. 10014
s. 4(1).
43 Chief Executive Officer and other officers
(1) The Board shall appoint—
(a) with the approval of the Minister some fit
and proper person to be the Chief Executive
Officer of the Board; and
(b) such other officers as are required.
(2) A person appointed under subsection (1) shall—
(a) be entitled to be paid—
(i) such remuneration as the Board
determines; and
(ii) such travelling and other allowances
(if any) as the Board with the approval
of the Minister determines; and
(b) be appointed subject to such other terms and
conditions as the Board determines.
(3) The Chief Executive Officer shall—
(a) have control of the day to day administration
of the affairs of the Board and administer
those affairs in accordance with the policies
of, and directions given by, the Board; and
(b) exercise such other powers and perform such
other duties as are conferred and imposed on
him by or under this Act or by the Board.
50
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 44
(4) The other officers of the Board shall exercise such
powers and perform such duties as are conferred
and imposed on them by the Board or the Chief
Executive Officer.
(5) The Public Administration Act 2004 does not
apply to a person appointed under this section in
respect of the office to which the person is
appointed.
S. 43(5)
substituted by
No. 73/1996
s. 90(1),
amended by
Nos 46/1998
s. 7(Sch. 1),
108/2004
s. 117(1)
(Sch. 3
item 171.1).
(6) An appointment under this section may be
revoked—
(a) in the case of the Chief Executive Officer, at
any time by the Board with the approval of
the Minister; and
(b) in the case of any other officer of the Board,
at any time by the Board.
S. 43(6)(b)
amended by
No. 10087
s. 3(1)(Sch. 1
item 196).
No. 6070 s. 45.
44 Function of Board
The function of the Board is—
(a) to control the sport of harness racing; and
S. 44(a)
amended by
Nos 9671
s. 30, 45/2004
s. 5(a).
(b) to conduct harness races; and
S. 44(b)
amended by
Nos 8690
s. 2(b), 9671
s. 31.
(ba) to consult with harness racing industry
participants and facilitate consultation
amongst harness racing industry participants;
and
51
S. 44(ba)
inserted by
No. 45/2004
s. 5(b).
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 44AA
(c) to exercise such powers functions and duties
as are conferred on the Board by or under
this or any other Act.
S. 44AA
inserted by
No. 17/1992
s. 7.
S. 44AA(1)
amended by
No. 114/2003
s. 12.1.3(Sch.
6 item 10.5).
44AA Board may act as venue operator
(1) The Board may hold a venue operator's licence
under the Gambling Regulation Act 2003 and
may, subject to that Act, do anything that a venue
operator is empowered to do under that Act.
(2) For the purposes of subsection (1), the Board—
(a) with the approval of the Minister and the
Treasurer, may enter into any arrangement or
agreement and has power to do anything
necessary or expedient to carry that
arrangement or agreement into effect; and
S. 44AA(2)(b)
amended by
No. 74/2000
s. 3(Sch. 1
item 107.1).
(b) may apply for and hold a licence under
section 8, 9 or 10 of the Liquor Control
Reform Act 1998.
S. 44A
inserted by
No. 8989 s. 3.
44A Borrowings by Board
S. 44B
inserted by
No. 45/2004
s. 6.
44B Consultation procedures to be established
For the purposes of carrying out its powers and
functions under this Act, the Board is authorized
with the prior approval in writing of the Minister
and the Treasurer of Victoria to borrow moneys
on such terms and conditions as the Treasurer of
Victoria approves.
The Board must establish proper procedures to
consult with harness racing industry participants
and to facilitate consultation amongst harness
racing industry participants.
52
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 44C
44C Reporting on consultations
The Board must, in every report of operations
under Part 7 of the Financial Management Act
1994—
S. 44C
inserted by
No. 45/2004
s. 6.
(a) include details of—
(i) all of its consultations with harness
racing industry participants, including
the harness racing industry participants
with which it consulted in each case;
and
(ii) all cases where it has facilitated
consultation amongst harness racing
industry participants; and
(iii) every decision made following
consultation with harness racing
industry participants; and
(b) set out the procedures required to be
established in accordance with section 44B.
45 Registration etc. of clubs, horses and persons
participating in harness racing
(1) The Board may in respect of the whole of Victoria
in accordance with the rules—
(aa) fix dates and times for harness racemeetings;
(a) register refuse to register or deregister any
harness club horse owner trainer driver or
rider;
No. 6070 s. 46.
S. 45
amended by
Nos 9924
s. 3(b),
49/1987
s. 15(a)(b).
S. 45(1)(aa)
inserted by
No. 37/1994
s. 186(h).
S. 45(1)(a)
amended by
No. 9671 s. 28.
(b) charge and take for any such registration the
fees prescribed therefor by the rules;
(c) disqualify or suspend from participating in
harness races any club horse or person;
53
S. 45(1)(c)
amended by
No. 9671 s. 28.
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 45
S. 45(1)(d)
amended by
No. 9671 s. 28.
(d) exclude from participation in harness races
any club horse or person which or who is not
registered as required by the rules or is under
disqualification or suspension pursuant to the
rules;
S. 45(1)(e)
substituted by
No. 6462
s. 3(1) (as
amended by
No. 6489
s. 4(Sch.
item 20(c)),
amended by
No. 9671 s. 28.
(e) grant an authority, subject to such conditions
(if any) as are prescribed by the rules, or
refuse to grant an authority to any person to
carry on the business of bookmaking at
meetings for harness races (wherever held)
and revoke or suspend the authority of any
such person;
S. 45(1)(f)
inserted by
No. 6462
s. 3(1) (as
amended by
No. 6489
s. 4(Sch.
item 20(c)).
(f) prohibit the carrying on at any such meeting
of the business of bookmaking by any
unauthorized person;
S. 45(1)(g)
inserted by
No. 6462
s. 3(1) (as
amended by
No. 6489
s. 4(Sch.
item 20(c)).
(g) fine or otherwise punish any club or person
offending against the rules—
and any decision of the Board in relation to any of
the matters referred to in paragraphs (a), (b), (d),
(e) and (f) shall be final and without appeal.
S. 45(2)
inserted by
No. 49/1987
s. 15(b).
(2) The Board may carry out freeze branding on any
breed of horse whether the horse is to be used for
harness racing or not.
S. 45(3)
inserted by
No. 97/1998
s. 13.
(3) The Minister, on the recommendation of the
Board, may suspend the members of a committee
or other managing body of any harness racing
club and may appoint some fit and proper person
to be administrator of the club.
54
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 45A
(4) An administrator appointed under subsection (3)
is deemed to be the committee or other managing
body of the club and—
S. 45(4)
inserted by
No. 97/1998
s. 13.
(a) has and may exercise all the powers and is
subject to all the duties of the club or other
managing body; and
(b) has and may exercise all the powers and is
subject to all the duties of the members of
the committee or other managing body of the
club.
(5) At any time after an administrator has been
appointed, the Minister, after consultation with the
Board, may remove the suspension of the
members of the committee or other managing
body of the club and upon that removal the
powers of the administrator cease.
S. 45(5)
inserted by
No. 97/1998
s. 13.
*
*
*
*
*
S. 45AAA
inserted by
No. 77/1993
s. 5,
repealed by
No. 97/1998
s. 14.
*
*
*
*
*
S. 45AA
inserted by
No. 77/1993
s. 5,
amended by
No. 83/1995
s. 11(2),
repealed by
No. 97/1998
s. 14.
45A Disclosure of pecuniary interest
(1) If a member of the Board knowingly has any
direct or indirect pecuniary interest in any contract
or proposed contract with the Board or in any
other matter in which the Board is concerned, and
is present at any meeting of the Board at which
the contract, proposed contract or other matter is
55
S. 45A
inserted by
No. 9201 s. 11.
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 45A
being considered, he shall at the meeting, as soon
as practicable after the commencement thereof,
disclose his interest and he shall not remain in the
room in which such meeting is being held during
any consideration or discussion of or the taking of
any vote on any question with respect to the
contract, proposed contract, or other matter.
(2) For the purposes of this section a person shall be
treated as having an indirect pecuniary interest in
a contract, proposed contract or other matter, if—
(a) he or any nominee of his is a member of a
company or other body with which the
contract is made or is proposed to be made or
which has a direct or indirect pecuniary
interest in the other matter under
consideration; or
(b) he is a partner, or is in the employment, of a
person with whom the contract is made or is
proposed to be made or who has a direct or
indirect pecuniary interest in the other matter
under consideration.
S. 45A(3)
amended by
Nos 9671
s. 28, 72/2001
s. 3(Sch.
item 11.3).
(3) For the purposes of this section a member of the
Board who enters a horse of which the member or
the member's spouse or domestic partner is the
owner part-owner trainer or driver in a harness
race at meetings conducted by the Board shall not
thereby be treated as having a direct or indirect
interest in any contract or proposed contract or
other matter with or concerning the Board.
56
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 45A
(3A) For the purposes of this section, a member of the
Board who holds office in or is a member or
employee of—
(a) the Metropolitan and Country Trotting
Association of Victoria; or
(b) the Association of Victorian Country
Trotting Clubs; or
(c) a harness racing club—
shall not thereby be treated as having a direct or
indirect interest in a contract or proposed contract
or other matter with or concerning that association
or club.
(4) Where a member of the Board has an indirect
pecuniary interest in any contract, proposed
contract or other matter and would not be treated
as having such an interest but for the fact that he
has a beneficial interest in shares of a company or
other body, then, if the total nominal value of
those shares does not exceed $1000 or onehundredth of the total nominal value of the issued
share capital of the company or body (whichever
is the less), so much of subsection (1) as precludes
him from taking part in the consideration or
discussion of, or voting on, any question with
respect to the contract, proposed contract or other
matter shall not apply to him.
(5) Where the share capital of a company or other
body is of more than one class, subsection (4)
shall not apply if the total nominal value of all the
shares of any one class in which he has a
beneficial interest exceeds one-hundredth of the
total nominal value of the issued share capital of
that class of the company or other body.
57
S. 45A(3A)
inserted by
No. 27/1988
s. 4(1).
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 46
S. 45A(6)
substituted by
No. 72/2001
s. 3(Sch.
item 11.4).
(6) The interest of a member's spouse or domestic
partner is deemed, for the purposes of this section,
to be also the interest of the member if—
(a) they are living together; and
(b) the member knows of the interest.
S. 45A(7)
amended by
No. 72/2001
s. 3(Sch.
item 11.5(a)
(b)).
(7) A general notice given in writing to the Chief
Executive Officer of the Board by a member of
the Board to the effect that the member or the
member's spouse or domestic partner is a member
or in the employment of a specified company or
other body, or a partner or in the employment of a
specified person, shall, unless and until the notice
is withdrawn, be deemed to be a sufficient
disclosure of his interest in any contract, proposed
contract or other matter relating to that company
or other body or to that person which may be the
subject of consideration after the date of the
notice.
(8) If a member of the Board fails to comply with the
provisions of subsection (1) his seat shall
thereupon become vacant and every such vacancy
shall be deemed to be an extraordinary vacancy.
(9) In this section the expression shares includes
stock and the expression share capital shall be
construed accordingly.
Nos 6070
s. 47, 6092
s. 6.
S. 46(1)
amended by
Nos 9671 s. 29
(as amended
by No. 9902
s. 2(1)(Sch.
item 217)),
16/2001
s. 28(Sch.
item 11(a)).
46 Harness Racing Victoria Fund and finances of
Board
(1) The Board shall establish a fund to be called
"Harness Racing Victoria Fund".
58
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 46
(2) There shall be paid into the said fund all moneys
received by the Board, including fines under the
rules, other than money required to be paid into
the bookmaking development fund established by
the Board in accordance with section 91C.
(3) (a) Harness Racing Victoria Fund shall be
applied by the Board to meet any expenses
incurred by the Board in performing any
functions under this or any other Act
(including payments to members and officers
of the Board) and, as the Board thinks fit, for
the benefit and development of harness
racing in Victoria and in particular without in
any way limiting the generality of the
foregoing—
(i) for the benefit of harness racing clubs
and persons engaged in training or
driving or training and driving harness
racing horses;
(ii) for the provision and maintenance of
facilities for the training of harness
racing horses on land not owned or
leased by the Board;
S. 46(2)
amended by
Nos 7899
s. 3(a),
24/2000
s. 12(2)(a).
S. 46(3)(a)
substituted by
No. 7828 s. 4,
amended by
Nos 9388
s. 6(a), 9671
ss 29 (as
amended by
No. 9902
s. 2(1)(Sch.
item 217)), 30,
16/2001
s. 28(Sch.
item 11(b)),
45/2004
s. 7(a).
S. 46(3)(a)(i)
amended by
No. 9671 s. 30.
S. 46(3)(a)(ii)
amended by
No. 9671 s. 30.
(iia) for consulting with harness racing
industry participants;
S. 46(3)(a)(iia)
inserted by
No. 45/2004
s. 7(b).
(iib) for harness racing industry participants
to participate in consultations with the
Board;
S. 46(3)(a)(iib)
inserted by
No. 45/2004
s. 7(b).
(iii) for making donations (being not more
than $1000 in any one case) to
charitable benevolent or other
institutions in respect of harness racing
meetings held for the purposes of such
institutions and for the alleviation of
S. 46(3)(a)(iii)
amended by
No. 9671 s. 30.
59
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 46
distress and hardship occasioned by any
public calamity disaster or unusual
circumstances.
S. 46(3)(b)
repealed by
No. 9146 s. 5.
*
*
*
*
*
S. 46(3A)
inserted by
No. 9388
s. 6(b),
amended by
No. 49/1987
s. 16,
repealed by
No. 37/1994
s. 187.
*
*
*
*
*
S. 46(4)
amended by
No. 9671 s. 30.
(4) Any surplus of the said fund may be applied at the
discretion of the Board for the benefit of harness
racing clubs.
S. 46(5)
substituted by
No. 7899
s. 3(b),
amended by
No. 9671 s. 32
(as amended
by No. 9902
s. 2(1)(Sch.
item 218)),
repealed by
No. 37/1994
s. 187.
*
*
*
*
*
S. 46(6)
repealed by
No. 7899
s. 3(b),
new s. 46(6)
inserted by
No. 9671 s. 27,
amended by
No. 9671 s. 29,
repealed by
No. 37/1994
s. 187.
*
*
*
*
*
60
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 48
*
*
*
*
*
*
*
*
*
*
48 Agreement with Royal Agricultural Society and its
alteration
(1) The Agreement entered into pursuant to the
Trotting Races Act 1957 and substantially in the
form and to the effect of the Schedule to that Act
between the trustees of the Royal Agricultural
Society of Victoria and the Board shall have effect
according to the tenor thereof but, having regard
to changes in circumstances, may by agreement
between the parties thereto be altered at any time
with the consent of the Minister so far as it relates
to conditions of use, including payments for the
use, of the Royal Agricultural Showgrounds or
any part thereof.
S. 46(7)
amended by
No. 7621 s. 2,
repealed by
No. 7899
s. 3(b).
S. 47
repealed.7
No. 6092
ss 4, 5.
S. 48(1)
amended by
No. 7621
s. 12(7).
(2) (a) If the Board is at any time unable to meet
any payments under the agreement so
entered into the Treasurer may subject to
such terms and conditions as he thinks fit
advance from the Public Account to the
Board such moneys as are necessary to meet
such payments, and any money so advanced
shall be a charge on the funds of the Board
and shall be repaid by the Board when funds
are available.
(b) Any such advance shall be made at a rate of
interest determined by the Treasurer as being
the prevailing overdraft rate.
61
S. 48(2)(b)
amended by
No. 11/2001
s. 3(Sch.
item 62).
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 49
S. 48(2)(c)
amended by
No. 93/1997
s. 28(Sch.
item 26).
No. 6070 s. 49.
(c) For the purposes of this subsection the
Auditor-General shall in relation to the
Board and its accounts have all such powers
as he has in relation to the Public Account,
and the Audit Act 1994 shall be read and
construed and have effect accordingly.
49 Rules of Board
The Board may make rules for or with respect
to—
S. 49(a)
substituted by
No. 6462
s. 3(2),
amended by
No. 9671
ss 30, 31.
(a) the control of the sport of harness racing in
Victoria including (without affecting the
generality of the foregoing) rules for or with
respect to registrations and de-registrations,
disqualifications and suspensions, exclusion
of clubs horses or persons from participation
in harness races, the granting refusing to
grant revoking or suspending of authorities,
fees in respect of registrations and
authorities, fines, and any other matters
which the Board is by or under this or any
other Act required or empowered to perform;
S. 49(b)
amended by
No. 9671 s. 31.
(b) the management of harness race-meetings
conducted by the Board.
S. 49A
inserted by
No. 97/1998
s. 15.
49A Appeals to the Board
(1) A person—
(a) on whom a penalty has been imposed; or
(b) against whom any other decision has been
made—
by a steward under the rules may appeal to the
Board against that decision.
62
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 49B
(2) For the purposes of hearing and determining an
appeal, the Board may be constituted by—
(a) the whole Board, or, one or more members
of the Board, selected by the chairperson of
the Board; or
(b) the whole Board, or, one or more members
of the Board, selected by the chairperson of
the Board, sitting with one or more persons,
selected by the chairperson of the Board,
from the panel of persons appointed under
section 49B; or
S. 49A(2)(b)
amended by
No. 16/2001
s. 13(1).
(c) one or more persons, selected by the
chairperson of the Board, from the panel of
persons appointed under section 49B.
S. 49A(2)(c)
amended by
No. 16/2001
s. 13(1).
(3) For the purposes of hearing and determining an
appeal, the Board may be assisted by an assessor,
selected by the chairperson of the Board from the
panel of persons appointed under section 49C.
S. 49A(3)
amended by
No. 16/2001
s. 13(2).
(4) If more than one person is to hear and determine
an appeal, the chairperson of the Board must
choose the person who is to preside.
(5) If an assessor is to assist the Board in the hearing
of an appeal, the assessor must not take part in the
making of any decision or order or the giving of
any direction by the Board.
49B Panel of persons for selection for hearing and
determining appeals
(1) The Governor in Council, on the recommendation
of the Minister, may appoint a panel of persons to
be available for selection by the chairperson of the
Board for the purposes of hearing and determining
appeals.
63
S. 49B
inserted by
No. 97/1998
s. 15.
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 49C
(2) A member of the panel—
(a) holds office for the period, not exceeding
3 years, specified in the instrument of his or
her appointment and is eligible for reappointment; and
(b) may be removed from office at any time by
the Governor in Council; and
(c) is entitled to receive the remuneration and
travelling and other allowances (if any)
which are fixed by the Governor in Council
for that member.
S. 49C
inserted by
No. 97/1998
s. 15.
49C Panel of assessors
(1) The Minister, after consultation with the Board,
may appoint a panel of persons to be assessors, to
assist the Board in the hearing and determining of
appeals.
(2) A member of the panel—
(a) holds office for the period, not exceeding
3 years, specified in the instrument of his or
her appointment and is eligible for reappointment; and
(b) may be removed from office at any time by
the Minister; and
(c) is entitled to receive the remuneration and
travelling and other allowances (if any)
which are fixed by the Minister for that
member.
(3) The Minister must cause the names of members of
the panel to be published in the Government
Gazette.
64
Racing Act 1958
No. 6353 of 1958
Part II—Harness Racing Victoria
s. 50
50 Regulations of Governor in Council
No. 6070 s. 50.
(1) The Governor in Council may make regulations
for or with respect to—
(a) fees and costs of appeals against decisions of
stewards or committees of harness racing
clubs;
S. 50(1)(a)
amended by
No. 9671 s. 30.
(b) penalties not exceeding 5 penalty units for
any breach of the regulations; and
S. 50(1)(b)
amended by
No. 125/1986
s. 13(d).
(c) any other matters or things required or
authorized to be prescribed by regulations or
necessary or expedient to be prescribed for
carrying this Part into effect.
(2) Any such regulation may confer or impose on the
Board such powers (including power to make
rules) and duties as are necessary or expedient to
carry this Part into effect.
(3) The regulations may apply, adopt or incorporate
(with or without modification) any matter
contained in any document issued or adopted by
any specified person or body as issued or adopted
at the time the regulation is made or at any time
before then.
_______________
65
S. 50(3)
repealed by
No. 6886 s. 3,
new s. 50(3)
inserted by
No. 49/1987
s. 23(b).
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 51
Pt 3
(Heading)
amended by
No. 8209
s. 21(1)(a)(ii).
No. 6070 s. 51.
S. 51
amended by
No. 45/2004
s. 8(2) (ILA
s. 39B(1)).
S. 51(1) def. of
appointed day
repealed by
No. 37/1994
s. 188(a).
PART III—GREYHOUND RACING
51 Definitions
(1) In this Part unless inconsistent with the context or
subject-matter—
*
*
*
*
*
S. 51(1) def. of
Board
amended by
Nos 8209
s. 21(1)(a)(ii),
16/2001
s. 28(Sch.
item 12).
Board means Greyhound Racing Victoria
established under this Part;
S. 51(1) def. of
breeding
greyhound
inserted by
No. 83/1995
s. 4.
breeding greyhound means a female greyhound
kept or used for breeding;
S. 51(1) def. of
greyhound
races
amended by
Nos 7621
s. 13(3)(a)(b),
8209
s. 21(1)(a)(ii),
repealed by
No. 37/1994
s. 188(a).
*
*
*
66
*
*
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 51
greyhound racing club or club means any person
or body corporate or unincorporate who or
which conducts greyhound races;
greyhound racing industry participant means—
(a) a greyhound racing club;
(b) an association or body (whether
incorporated or unincorporated)—
(i) the members of which are owners,
breeders or trainers of greyhounds
which compete in greyhound
races, or registered bookmakers;
and
S. 51(1) def. of
greyhound
racing club or
club
amended by
No. 8209
s. 21(1)(a)(ii).
S. 51(1) def. of
greyhound
racing
industry
participant
inserted by
No. 45/2004
s. 8,
amended by
No. 73/2008
s. 7.
(ii) which represents and promotes the
interests of those members;
(c) an association or body involved in
greyhound racing declared to be a
greyhound racing industry participant
under subsection (2);
greyhound trial track means any land that is held
out by any person or body of persons having
the management or control thereof whether
as owner lessee occupier or otherwise for use
for trials or other training of greyhounds
other than greyhounds owned by or leased to
that person or body of persons and not being
a ground in respect of which a licence to
hold greyhound races is required by this Part;
67
S. 51(1) def. of
greyhound
trial track
inserted by
No. 8603 s. 4.
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 51
S. 51(1) def. of
ground
amended by
No. 8209
s. 21(1)(a)(ii).
ground means any Crown land or reserve or any
land or reserve vested in or managed by any
trustees or body or bodies or any land
whatsoever to which persons are admitted
either at all times or only at certain times
whether on payment of an entrance fee or
charge or otherwise for the purpose of taking
part in or of witnessing any greyhound races;
S. 51(1) def. of
metropolis
amended by
S.R. No.
166/1974
reg. 2.
metropolis means the area within a radius of
32 kilometres from the post office at the
corner of Bourke and Elizabeth streets,
Melbourne;
S. 51(1) def. of
occupier
amended by
No. 8209
s. 21(1)(a)(ii).
occupier means any person or persons or a
majority of the persons whether incorporated
or not having or who will have for the time
being the right to control or regulate the
admission of persons to any ground during
the carrying on or conduct of any greyhound
races or intended greyhound races; and in
reference to a ground vested in or under or
intended to be under the care control or
management of trustees of a managing
committee or other body of managers under
any designation whatsoever means a
majority of such trustees committee or body
(as the case may be);
S. 51(1) def. of
promoter
amended by
No. 8209
s. 21(1)(a)(ii).
promoter means any person or persons or a
majority of the persons, whether
incorporated or not, having for the time
being the control direction or management of
any greyhound races or intended greyhound
races and occupying or having authority to
occupy any ground where such greyhound
races are intended to be held;
68
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 51
*
*
*
*
*
S. 51(1) def. of
regulations
repealed by
No. 37/1994
s. 188(a).
rules means rules made by the Board pursuant to
this Part;
stud greyhound means a male greyhound kept or
used for breeding;
S. 51(1) def. of
stud
greyhound
inserted by
No. 83/1995
s. 4.
syndicate means two or more persons who jointly
own or lease a greyhound.
S. 51(1) def. of
syndicate
inserted by
No. 83/1995
s. 4.
(2) For the purposes of paragraph (c) of the definition
of greyhound racing industry participant, the
Minister may, in writing, declare an association or
body (whether incorporated or unincorporated)—
S. 51(2)
inserted by
No. 45/2004
s. 8(2).
(a) the members of which are persons or bodies
involved in greyhound racing; and
(b) that is not an association or body referred to
in paragraph (a) or (b) of the definition of
greyhound racing industry participant—
to be a greyhound racing industry participant.
Division 1—Restrictions on, and licences for, greyhound
racing
*
*
*
69
*
*
Pt 3 Div. 1
(Heading)
amended by
No. 8209
s. 21(1)(a)(ii).
S. 52
repealed.8
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 52A
S. 52A
inserted by
No. 7621 s. 3,
amended by
Nos 8344
s. 26(3)(v),
9201 s. 19,
9671 s. 4,
37/1994
s. 188(c),
substituted by
No. 73/1996
s. 83.
52A Plumpton coursing with mechanical quarry
S. 52A(1)
amended by
No. 16/2001
s. 28(Sch.
item 13).
(1) Despite anything to the contrary in this Division, a
club may apply to the Minister for the issue of a
permit authorising the club to hold plumpton
coursing matches conducted by the use of a
mechanical quarry, being matches approved in
accordance with the rules of Greyhound Racing
Victoria.
S. 52A(2)
amended by
No. 16/2001
s. 28(Sch.
item 13).
(2) The Minister may, after consultation with
Greyhound Racing Victoria, issue such a permit,
subject to any conditions that the Minister thinks
fit.
(3) A permit remains in force until it is cancelled or
surrendered.
(4) The Minister—
(a) may cancel a permit for any just and
reasonable cause stated in writing; and
S. 52A(4)(b)
amended by
No. 16/2001
s. 28(Sch.
item 13).
(b) must cancel a permit issued to a club if
Greyhound Racing Victoria notifies the
Minister in writing that the club has no
plumpton coursing matches approved in
accordance with its rules.
70
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 52B
(5) Without limiting subsection (4), the Minister may
cancel a permit if the permit is no longer correct
in its details.
(6) Plumpton coursing matches authorised by a
permit under this section must be conducted under
the rules of Greyhound Racing Victoria.
S. 52A(6)
amended by
No. 16/2001
s. 28(Sch.
item 13).
(7) Plumpton coursing matches so permitted and
conducted by the use of a mechanical quarry are
deemed to be sports within the meaning of
section 84.
S. 52A(7)
amended by
No. 114/2003
s. 12.1.3(Sch.
6 item 10.6).
52B Greyhound racing permits
S. 52B
inserted by
No. 9671 s. 5,
amended by
Nos 32/1991
s. 5(a)(b),
37/1994
s. 188(d),
substituted by
No. 73/1996
s. 84.
(1) Despite anything to the contrary in this Division, a
club may apply to the Minister for the issue of a
permit authorising the club to hold greyhound
races approved in accordance with the rules of
Greyhound Racing Victoria on a specified ground
32 kilometres or more from the General Post
Office Melbourne.
S. 52B(1)
amended by
No. 16/2001
s. 28(Sch.
item 14).
(2) The Minister may, after consultation with
Greyhound Racing Victoria, issue such a permit,
subject to any conditions that the Minister thinks
fit.
S. 52B(2)
amended by
No. 16/2001
s. 28(Sch.
item 14).
(3) A permit remains in force until it is cancelled or
surrendered.
71
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 55
(4) The Minister—
(a) may cancel a permit for any just and
reasonable cause stated in writing; and
S. 52B(4)(b)
amended by
No. 16/2001
s. 28(Sch.
item 14).
(b) must cancel a permit issued to a club if
Greyhound Racing Victoria notifies the
Minister in writing that the club has no
greyhound races approved in accordance
with its rules.
(5) Without limiting subsection (4), the Minister may
cancel a permit if the permit is no longer correct
in its details.
S. 52B(6)
amended by
No. 16/2001
s. 28(Sch.
item 14).
Ss 53–54A
repealed.9
No. 6070 s. 55.
S. 55
amended by
No. 8209
s. 21(1)(a)(ii).
S. 55(2)
amended by
No. 125/1986
s. 13(e).
Ss 56–59
repealed.10
(6) Greyhound races authorised by a permit under this
section must be conducted under the rules of
Greyhound Racing Victoria.
*
*
*
*
*
55 All speed coursing to be mechanical
(1) No person shall conduct any greyhound race (of
the type known as speed coursing) which includes
the competitive pursuit by dogs of any live quarry.
(2) If any greyhound race is held in contravention of
this section then the promoter of such greyhound
race and the occupier of the ground on which such
greyhound race is held and every person acting as
steward starter or judge in respect of such
greyhound race shall be liable to a penalty of not
more than 100 penalty units.
*
*
*
72
*
*
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 63A
*
*
*
*
*
*
*
*
*
*
63A Greyhound races on ANZAC Day
S. 59A
inserted by
No. 8080 s. 4,
amended by
Nos 8209
s. 21(1)(a)(ii),
8344
s. 26(3)(z),
9146 s. 8,
37/1994
s. 188(h),
repealed by
No. 97/1998
s. 16.
Ss 60–63
repealed.11
S. 63A
(Heading)
inserted by
No. 96/2003
s. 17(5).
S. 63A
inserted by
No. 6607
s. 3(b),
amended by
No. 8209
s. 21(1)(a)(ii),
S.R. No.
166/1974
reg. 2,
No. 32/1991
s. 6(2).
(1) No greyhound races shall be held on ANZAC Day
in any year except on one ground within
32 kilometres of the post office at the corner of
Bourke and Elizabeth streets, Melbourne, to be
nominated by Greyhound Racing Victoria and on
such grounds not being within 32 kilometres of
the said post office and not exceeding eight in
number as Greyhound Racing Victoria nominates.
73
S. 63A(1)
amended by
Nos 16/2001
s. 28(Sch.
item 15),
96/2003
s. 17(6).
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 63A
S. 63A(2)
amended by
S.R. No.
166/1974
reg. 2,
substituted by
No. 32/1991
s. 6(3),
amended by
No. 96/2003
s. 17(6).
S. 63A(3)
amended by
Nos 8344
s. 26(3)(cc),
96/2003
s. 17(6).
(2) No race at any greyhound races held on ANZAC
Day is to commence before 1 p.m.
(3) The promoter of any greyhound races held on
ANZAC Day shall within two months after the
holding of such greyhound races—
(a) supply to the Minister a detailed statement
correctly setting out all receipts and
expenditure in connexion with such
greyhound races and verified by statutory
declaration made by such promoter or if such
promoter is a body corporate or a body
unincorporate by the chairman and secretary
thereof or in the latter case by the chairman
or president and the secretary or treasurer
thereof; and
S. 63A(3)(b)
amended by
S.R. No.
166/1974
reg. 2,
Nos 49/1987
s. 24(1)(a),
37/1994
s. 188(j),
96/2003
s. 17(6).
(b) pay the whole of the net profit from such
greyhound races into the ANZAC Day
Proceeds Fund established under the
ANZAC Day Act 1958: Provided that where
any such greyhound races are held on a
ground not within 32 kilometres of the post
office at the corner of Bourke and Elizabeth
streets, Melbourne, the Minister may before
the greyhound races are held authorize the
payment of the net profit therefrom to any
institution or organization in the district in
which the greyhound races are held if he is
satisfied, after consultation with the
president for the time being of the Victorian
branch of the Returned Services League of
Australia, that such institution or
74
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 64
organization is one whose objects would
permit it to be recommended to share in the
distribution of the said Fund under
subsection (3) of section four A of the said
Act.
*
*
*
*
*
S. 63A(4)
substituted by
No. 32/1991
s. 6(4),
repealed by
No. 37/1994
s. 188(k).
*
*
*
*
*
S. 63A(5)
inserted by
No. 17/1992
s. 6(7),
repealed by
No. 37/1994
s. 188(k).
*
*
*
*
*
Heading
preceding
s. 64
repealed by
No. 37/1994
s. 188(l).
64 Penalties for holding greyhound races in
contravention of this Division etc.
(1) If any greyhound race is held on any ground in
contravention of this Division (whether such
greyhound race is held by the holder of a licence
or not) then the promoter of such greyhound race
and the occupier of the ground on which such
greyhound race is held and every person acting as
steward starter or judge in respect of such
greyhound race shall be guilty of an offence
against this Division and shall be liable to a
penalty of not less than 5 penalty units and not
more than 50 penalty units:
75
No. 6070 s. 64.
S. 64
amended by
No. 8209
s. 21(1)(a)(ii).
S. 64(1)
amended by
No. 125/1986
s. 13(f).
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 65
Provided that no person acting as steward starter
or judge in respect of any greyhound race held by
the holder of a licence on the ground to which
such licence relates shall be guilty of an offence
against this section unless it is proved that he
knew that such greyhound race was being held in
contravention of this Division.
S. 64(2)
repealed by
No. 37/1994
s. 188(m).
S. 64(3)
inserted by
No. 6607
s. 3(c),
amended by
Nos 125/1986
s. 13(g),
96/2003
s. 17(7).
No. 6070 s. 65.
S. 65(1)
amended by
Nos 8209
s. 21(1)(a)(ii),
8344
s. 26(3)(dd).
S. 65(2)
amended by
No. 125/1986
s. 13(h).
No. 6070 s. 66.
*
*
*
*
*
(3) If any promoter of greyhound races held on
ANZAC Day in any year fails to comply with any
provision of subsection (3) of section sixtythree A of this Act he shall be guilty of an offence
against this Division and liable to a penalty of not
more than 10 penalty units.
65 Returns to be lodged by promoters of greyhound
races
(1) Every promoter of greyhound races on any ground
shall within the prescribed periods lodge with the
Minister such returns with respect to such
greyhound races as are prescribed.
(2) If any such promoter fails to lodge any such return
within the period prescribed therefor he shall be
guilty of an offence against this Division and
liable to a penalty of not more than 4 penalty
units.
66 Provision in case of offence by body corporate
(1) Where any body corporate is guilty of an offence
against this Division then without affecting the
liability of such body corporate for such offence
every chairman director manager and officer of
such body corporate who directs authorizes or
knowingly suffers the commission of such offence
by the body corporate shall be severally liable to
the penalty therefor.
76
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 68
(2) Where the holder of a licence or the promoter of
any greyhound races is a body unincorporate,
then, in the event of any contravention or failure
to comply with any provision of this Division in
relation to such licence or such greyhound races,
every member of the governing body (by
whatever name called) manager and officer of
such body unincorporate who directs authorizes or
knowingly suffers such contravention or failure
shall be severally liable to the penalty for such
contravention or failure.
*
*
*
*
*
S. 66(2)
amended by
Nos 8181
s. 2(1)(Sch.
item 159),
8209
s. 21(1)(a)(ii).
S. 67
repealed.12
No. 6070 s. 68.
68 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
*
*
*
*
*
S. 68(1)(a)(b)
repealed by
No. 37/1994
s. 188(o).
(c) prescribing the returns to be lodged and the
periods within which such returns are to be
lodged by promoters of greyhound races
with the Minister;
S. 68(1)(c)
amended by
Nos 8209
s. 21(1)(a)(ii),
8344
s. 26(3)(ee).
(ca) forms to be used for the purpose of this Part;
S. 68(1)(ca)
inserted by
No. 6607
s. 3(d).
(d) generally, prescribing any matter or thing
authorized to be prescribed by this Act or
necessary or expedient to be prescribed for
the purposes of this Division.
*
*
*
77
*
*
S. 68(2)
repealed by
No. 6886 s. 3.
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 69
Pt 3 Div. 2
(Heading)
amended by
Nos 8209
s. 21(1)(a)(ii),
16/2001
s. 28(Sch.
item 16).
No. 6070 s. 69.
S. 69(1)
amended by
No. 8209
s. 21(1)(a)(ii),
substituted by
No. 16/2001
s. 14.
S. 69(1A)
inserted by
No. 28/1986
s. 7(1).
S. 69(2)
amended by
Nos 6954
s. 2(a)(i)–(vi),
7828 s. 5, 8209
ss 8(a)(b),
21(1)(a)(ii),
9146 s. 10,
substituted by
No. 9671 s. 8,
amended by
No. 41/1989
s. 4(1)(a)(b),
substituted by
No. 11/1997
s. 4.
Division 2—Greyhound Racing Victoria
69 Constitution of Board
(1) There shall be a Board in the name of Greyhound
Racing Victoria, constituted as provided in this
Act.
(1A) The Board is a body corporate and has perpetual
succession and a common seal, and is capable in
law of suing and being sued and, subject to and
for the purposes of this Act, of purchasing, leasing
or otherwise dealing with any real or personal
property and of doing and suffering anything else
that bodies corporate may by law do or suffer.
(2) The Board shall consist of not more than
5 members of whom—
(a) one shall be chairperson;
(b) at least one and not more than 2 are persons
who have experience in business or
marketing;
(c) at least one and not more than 2 are persons
who have experience in the greyhound
racing industry.
78
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 69
(3) The members of the Board shall be appointed by
the Governor in Council on the recommendation
of the Minister.
S. 69(3)
substituted by
No. 6954
s. 2(b),
repealed by
No. 9671 s. 8,
new s. 69(3)
inserted by
No. 49/1987
s. 24(1)(e),
substituted by
No. 11/1997
s. 4.
(4) The Minister may appoint a member other than
the chairperson to be deputy chairperson of the
Board.
S. 69(4)
repealed by
No. 6954
s. 2(c),
new s. 69(4)
inserted by
No. 49/1987
s. 24(1)(e),
substituted by
No. 11/1997
s. 4.
(5) If the chairperson is unable to perform the duties
of the office or the office of chairperson is vacant,
the deputy chairperson may act in the place of the
chairperson.
S. 69(5)
inserted by
No. 11/1997
s. 4.
(6) The deputy chairperson while acting in the place
of the chairperson has all the powers and may
perform all the duties of the chairperson.
S. 69(6)
inserted by
No. 11/1997
s. 4.
(7) A member of the Board (other than the executive
director) holding office immediately before the
commencement of section 4 of the Racing
(Amendment) Act 1997 continues to hold office
after that commencement on the same terms and
conditions for the remainder of the term specified
in his or her instrument of appointment.
S. 69(7)
inserted by
No. 11/1997
s. 4.
(8) A person holding office as executive director of
the Board immediately before the commencement
of section 4 of the Racing (Amendment) Act
1997 goes out of office on that commencement.
S. 69(8)
inserted by
No. 11/1997
s. 4.
79
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 70
No. 6070 s. 70.
S. 70(1)
amended by
No. 49/1993
s. 7(1),
substituted by
No. 11/1997
s. 5.
S. 70(1A)
inserted by
No. 49/1993
s. 7(2),
repealed by
No. 11/1997
s. 5.
70 Term of office
(1) Subject to this Division, a member of the Board
holds office for the term, not exceeding 3 years,
that is specified in the member's instrument of
appointment but is eligible for re-appointment.
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(2) The Governor in Council may at any time
determine the appointment of any member of the
Board.
No. 6070 s. 71.
71 Vacancies
(1) The office of any member of the Board shall
become vacant—
(a) at the expiration of his term of office;
(b) if he dies;
(c) if he is incapable of continuing a member;
S. 71(1)(d)
amended by
No. 7621
s. 12(8).
(d) if he resigns in writing under his hand
addressed to the Minister;
S. 71(1)(e)
amended by
No. 9201
s. 12(a).
(e) if without leave granted by the Minister he
fails to attend three successive meetings of
the Board;
S. 71(1)(ea)
inserted by
No. 9201
s. 12(b).
(ea) if he accepts or holds any place of profit
under the Board;
80
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 72
(eb) if he fails to comply with the provisions of
section 75A(1); or
S. 71(1)(eb)
inserted by
No. 9201
s. 12(b).
(f) if his appointment is terminated by the
Governor in Council.
(2) If the office of a member of the Board becomes
vacant otherwise than by the retirement of such
member at the expiration of his term of office a
qualified person shall in accordance with this
Division be appointed to fill the extraordinary
vacancy.
(3) Any person appointed to fill an extraordinary
vacancy holds office for the period, not exceeding
3 years, which is specified in the instrument of his
or her appointment.
S. 71(3)
substituted by
No. 97/1998
s. 17.
No. 6070 s. 72.
72 Who to preside
(1) The chairperson shall preside at all meetings of
the Board and in his absence the deputy
chairperson shall preside.
S. 72(1)
amended by
Nos 41/1989
s. 4(2),
11/1997
s. 7(1).
(2) A quorum of the Board shall consist of three
members.
S. 72(2)
amended by
Nos 8209 s. 9,
41/1989
s. 4(3).
(3) During any vacancy in the office of member the
continuing members may, subject to there being a
quorum, act as if no vacancy had occurred.
(4) In the case of an equality of votes at any meeting
of the Board the person presiding at the meeting
shall have a second or casting vote.
(5) Subject to this Division the Board may regulate its
own proceedings.
81
S. 72(4)
amended by
No. 11/1997
s. 7(2).
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 73
No. 6070 s. 73.
73 Chief executive officer and other officers of Board
S. 73
amended by
No. 7621
s. 12(8),
substituted by
Nos 10014
s. 5(1),
41/1989 s. 5.
S. 73(1)
substituted by
No. 11/1997
s. 6.
(1) The Board shall appoint, with the approval of the
Minister, a fit and proper person to be the chief
executive officer of the Board.
S. 73(2)
substituted by
No. 11/1997
s. 6.
(2) The chief executive officer is entitled to be paid—
(a) the remuneration determined by the Board;
and
(b) travelling and other allowances (if any)
determined by the Board, with the approval
of the Minister.
S. 73(3)
substituted by
Nos 73/1996
s. 90(2),
11/1997
s. 6.
S. 73(3A)
inserted by
No. 11/1997
s. 6.
(3) The chief executive officer is appointed subject to
any other terms and conditions determined by the
Board.
(3A) The chief executive officer—
(a) has control of the day to day administration
of the affairs of the Board and must
administer those affairs in accordance with
the policies of, and directions given by, the
Board; and
(b) may exercise other powers and must perform
other duties that are conferred or imposed on
the chief executive officer by or under this
Act or by the Board.
82
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 74
(3B) The Board may, with the approval of the Minister,
revoke the appointment of the chief executive
officer at any time.
S. 73(3B)
inserted by
No. 11/1997
s. 6.
(4) The Board shall appoint such other officers as are
required.
74 Travelling expenses and fees
Each member of the Board shall be severally
entitled to receive such fees and travelling and
other allowances as are fixed by the Governor in
Council in respect of that member.
No. 6070 s. 74.
S. 74
amended by
No. 83/1995
s. 11(3).
No. 6070 s. 75.
75 Functions of Board
The functions of the Board are subject to this
Part—
(a) to control the sport of greyhound racing;
S. 75(a)
amended by
No. 8209
s. 21(1)(a)(ii).
(aa) to carry out research into aspects of
greyhound racing to assist in planning future
development;
S. 75(aa)
inserted by
No. 9671 s. 9.
(ab) to promote the sport of greyhound racing;
S. 75(ab)
inserted by
No. 9671 s. 9.
(ac) to conduct greyhound races;
S. 75(ac)
inserted by
No. 37/1994
s. 188(p).
(ad) to register greyhounds for greyhound racing
or for stud or other purposes and to regulate
the breeding, kennelling and verification of
lineage of greyhounds for greyhound racing
or for stud or other purposes;
S. 75(ad)
inserted by
No. 83/1995
s. 5,
substituted by
No. 16/2001
s. 15.
83
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 75A
S. 75(ae)
inserted by
No. 45/2004
s. 9.
(ae) to consult with greyhound racing industry
participants and facilitate consultation
amongst greyhound racing industry
participants;
(b) to exercise such powers functions and duties
as are conferred on the Board by or under
this or any other Act.
S. 75A
inserted by
No. 9201 s. 13.
75A Disclosure of pecuniary interest
(1) If a member of the Board knowingly has any
direct or indirect pecuniary interest in any contract
or proposed contract with the Board or in any
other matter in which the Board is concerned, and
is present at any meeting of the Board at which
the contract, proposed contract or other matter is
being considered, he shall at the meeting, as soon
as practicable after the commencement thereof,
disclose his interest and he shall not remain in the
room in which such meeting is being held during
any consideration or discussion of or the taking of
any vote on any question with respect to the
contract, proposed contract, or other matter.
(2) For the purposes of this section a person shall be
treated as having an indirect pecuniary interest in
a contract, proposed contract or other matter, if—
(a) he or any nominee of his is a member of a
company or other body with which the
contract is made or is proposed to be made or
which has a direct or indirect pecuniary
interest in the other matter under
consideration; or
(b) he is a partner, or is in the employment, of a
person with whom the contract is made or is
proposed to be made or who has a direct or
indirect pecuniary interest in the other matter
under consideration.
84
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 75A
(3) For the purposes of this section a member of the
Board who enters a greyhound of which the
member or the member's spouse or domestic
partner is the owner part-owner or trainer in a
greyhound race at meetings conducted by the
Board shall not thereby be treated as having a
direct or indirect interest in any contract or
proposed contract or other matter with or
concerning the Board.
(3A) For the purposes of this section, a member of the
Board who holds office in or is a member or
employee of a greyhound racing club shall not
thereby be treated as having a direct or indirect
interest in a contract or proposed contract or other
matter with or concerning that club.
(4) Where a member of the Board has an indirect
pecuniary interest in any contract, proposed
contract or other matter and would not be treated
as having such an interest but for the fact that he
has a beneficial interest in shares of a company or
other body, then, if the total nominal value of
those shares does not exceed $1000 or onehundredth of the total nominal value of the issued
share capital of the company or body (whichever
is the less) so much of subsection (1) as precludes
him from taking part in the consideration or
discussion of, or voting on, any question with
respect to the contract, proposed contract or other
matter shall not apply to him.
(5) Where the share capital of a company or other
body is of more than one class, subsection (4)
shall not apply if the total nominal value of all the
shares of any one class in which he has a
beneficial interest exceeds one-hundredth of the
total nominal value of the issued share capital of
that class of the company or other body.
85
S. 75A(3)
amended by
No. 72/2001
s. 3(Sch.
item 11.6).
S. 75A(3A)
inserted by
No. 27/1988
s. 4(2).
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 75B
S. 75A(6)
substituted by
No. 72/2001
s. 3(Sch.
item 11.7).
(6) The interest of a member's spouse or domestic
partner is deemed, for the purposes of this section,
to be also the interest of the member if—
(a) they are living together; and
(b) the member knows of the interest.
S. 75A(7)
amended by
Nos 10014
s. 5(2),
41/1989 s. 6,
97/1998 s. 18,
72/2001
s. 3(Sch.
item 11.8(a)
(b)).
(7) A general notice given in writing to the chief
executive officer of the Board by a member of the
Board to the effect that the member or the
member's spouse or domestic partner is a member
or in the employment of a specified company or
other body, or a partner or in the employment of a
specified person, shall, unless and until the notice
is withdrawn, be deemed to be a sufficient
disclosure of his interest in any contract, proposed
contract or other matter relating to that company
or other body or to that person which may be the
subject of consideration after the date of the
notice.
(8) If a member of the Board fails to comply with the
provisions of subsection (1) his seat shall
thereupon become vacant and every such vacancy
shall be deemed to be an extraordinary vacancy.
(9) In this section the expression shares includes
stock and the expression share capital shall be
construed accordingly.
S. 75B
inserted by
No. 45/2004
s. 10.
75B Consultation procedures to be established
The Board must establish proper procedures to
consult with greyhound racing industry
participants and to facilitate consultation amongst
greyhound racing industry participants.
86
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 75C
75C Reporting on consultations
The Board must, in every report of operations
under Part 7 of the Financial Management
Act 1994—
S. 75C
inserted by
No. 45/2004
s. 10.
(a) include details of—
(i) all of its consultations with greyhound
racing industry participants, including
the greyhound racing industry
participants with which it consulted in
each case; and
(ii) all cases where it has facilitated
consultation amongst greyhound racing
industry participants; and
(iii) every decision made following
consultation with greyhound racing
industry participants; and
(b) set out the procedures required to be
established in accordance with section 75B.
76 Fund and finances of Board
No. 6070 s. 76.
(1) The Board shall establish a fund to be called
"Greyhound Racing Victoria Fund".
S. 76(1)
amended by
Nos 8209
s. 21(1)(a)(ii),
16/2001
s. 28(Sch.
item 17).
(2) Subject to Division 3 and Part IV, there shall be
paid into the said fund all moneys received by the
Board, including fees under this Part and fines
under the rules and also any moneys temporarily
advanced to the Board by the Treasurer of
Victoria.
S. 76(2)
amended by
No. 24/2000
s. 12(2)(b).
(3) The said fund shall be applied by the Board to
meet any expenses incurred by the Board in
performing any functions under this or any other
Act (including payments to members and officers
of the Board).
87
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 76A
S. 76(4)
amended by
No. 8209
s. 21(1)(a)(ii).
S. 76A
inserted by
No. 37/1994
s. 189.
Pt 3 Div. 3
(Heading)
amended by
No. 8209
s. 21(1)(a)(ii).
No. 6070 s. 77.
S. 77(1)
amended by
No. 9924
s. 3(c).
S. 77(1)(aa)
inserted by
No. 37/1994
s. 188(q).
S. 77(1)(a)
amended by
Nos 8209
s. 21(1)(a)(ii),
8603 s. 5,
substituted by
No. 32/1991
s. 7,
amended by
Nos 83/1995
s. 6(a),
16/2001
s. 16(a).
(4) Any surplus of the said fund, after repayment with
interest at such rate as is determined by the
Treasurer of Victoria of all moneys temporarily
advanced to the Board by the Treasurer, may be
applied at the discretion of the Board for the
benefit of greyhound racing clubs.
76A Borrowings by Board
For the purposes of carrying out its powers and
functions under this Act, the Board is authorised
with the prior approval in writing of the Minister
and the Treasurer to borrow moneys on such
terms and conditions as the Treasurer approves.
Division 3—General control of greyhound racing
77 Registration etc. of clubs and persons participating
in greyhound racing
(1) The Board may in accordance with the rules—
(aa) fix dates and times for greyhound racemeetings;
(a) register, refuse to register or deregister any
greyhound owner, syndicate, trainer,
attendant, trial track manager, greyhound
trial track or greyhound racing club;
88
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 77
(b) charge and take for any such registration the
fees prescribed therefor by the rules;
(c) disqualify or suspend from participating in
greyhound racing any club greyhound or
person;
S. 77(1)(c)
amended by
No. 8209
s. 21(1)(a)(ii).
(d) exclude from participation in greyhound
racing any club, syndicate, greyhound or
person that is not registered as required by
this Part or the regulations or is under
disqualification or suspension pursuant to
this Part or the rules;
S. 77(1)(d)
amended by
Nos 8209
s. 21(1)(a)(ii),
83/1995
s. 6(b).
(da) regulate the registration, breeding,
kennelling and verification of lineage of
greyhounds for greyhound racing or for stud
or other purposes;
S. 77(1)(da)
inserted by
No. 16/2001
s. 16(b).
(e) fine or otherwise punish any club or person
offending against the rules—
and any decision of the Board in relation to any of
the matters referred to in paragraphs (a), (b)
and (d) shall be final and without appeal.
(2) Any steward of the Board or of a registered club
who is authorized in writing in that behalf by the
Board or the club (as the case may be) may in
accordance with the rules fine any person
offending against the rules or disqualify or
suspend from participating in greyhound racing
any greyhound or person offending against the
rules or both fine and disqualify or suspend any
such greyhound or person.
S. 77(2)
amended by
No. 9146 s. 11.
(3) The Board may suspend the members of a
committee or other managing body of any
greyhound racing club and may appoint some fit
and proper person to be administrator of the club.
S. 77(3)
substituted by
No. 6638
s. 3(b),
amended by
No. 8209
s. 21(1)(a)(ii),
substituted by
No. 9671 s. 10.
89
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 77A
S. 77(4)
inserted by
No. 6638
s. 3(b),
amended by
Nos 7621
s. 4(1), 8209
s. 21(1)(a)(ii),
substituted by
No. 9671 s. 10.
S. 77(5)
inserted by
No. 6638
s. 3(b),
amended by
No. 8344
s. 26(3)(ff),
substituted by
No. 9671 s. 10.
S. 77A
inserted by
No. 9671 s. 11,
amended by
No. 83/1995
s. 7(1).
S. 77A(2)
inserted by
No. 83/1995
s. 7(2).
(4) An administrator so appointed shall be deemed to
be the committee or other managing body of the
club and shall have and exercise all the powers
and be subject to all the duties of the club and all
the powers and duties of the chairman or any
member of the club.
(5) When an administrator has been appointed for any
club the Board may at any time it thinks fit
remove the suspension of the members of the
committee or other managing body of the club and
thereupon all the powers and duties of the
administrator shall cease.
77A Member of Board etc. may enter and inspect etc.
(1) A member of the Board or any officer authorized
by the Board in writing for the purpose (whether
generally or in any specific case) may at any
reasonable hour enter premises used by a
registered greyhound club and inspect and
examine any books documents and other papers
found in or on those premises and may make
extracts from or copies of any books documents or
papers for the purposes of determining whether
any of the provisions of this Act are being
contravened or of generally enforcing the
provisions of this Act.
(2) A member of the Board or a person authorised by
the Board in writing for the purpose (whether
generally or in a specific case) may at any
reasonable hour enter premises used for the
purpose of kennelling or breeding greyhounds and
may do any one or more of the following—
(a) inspect the premises and any greyhound at
the premises;
90
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 77A
(b) inspect, and make copies of, or take extracts
from, any document kept at the premises—
for the purpose of determining compliance with
this Act and the rules.
(3) A person authorised by the Board may not
exercise any power under this section if the person
fails to produce, on request, his or her identity
card for inspection by the occupier of the
premises.
S. 77A(3)
inserted by
No. 83/1995
s. 7(2).
(4) A person authorised by the Board may not, under
this section, enter a residence unless the occupier
of the residence has consented in writing to the
entry and inspection.
S. 77A(4)
inserted by
No. 83/1995
s. 7(2).
(5) An occupier who consents in writing to entry and
inspection of his or her residence under this
section must be given a copy of the signed consent
immediately.
S. 77A(5)
inserted by
No. 83/1995
s. 7(2).
(6) If, in any proceeding, a written consent is not
produced to the court, it must be presumed, until
the contrary is proved, that the occupier did not
consent to the entry and inspection.
S. 77A(6)
inserted by
No. 83/1995
s. 7(2).
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No. 6070 s. 78.
S. 78
amended by
Nos 7621 s. 5,
8209
s. 21(1)(b),
substituted by
No. 83/1995
s. 8,
repealed by
No. 16/2001
s. 17.
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S. 79
repealed.13
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 79A
S. 79A
inserted by
No. 8603 s. 7.
S. 79A(2)
amended by
No. 125/1986
s. 13(i).
No. 6070 s. 80.
S. 80
amended by
Nos 8209
s. 21(1)(a)(ii),
9146 s. 12,
9671
s. 12(a)(b),
9924 s. 3(d),
substituted by
No. 97/1998
s. 19.
S. 80(1)(b)
repealed by
No. 16/2001
s. 18(1).
79A Greyhound trials and training
(1) No person or body of persons shall conduct any
trials or other training of greyhounds on a
greyhound trial track unless the track is registered
in accordance with the rules and such trial or
training is of a type authorized by the rules.
(2) If any greyhound trial or training is held in
contravention of this section any owner or
occupier of the land used and any person
participating in the conduct of the trial or training
shall be liable to a penalty of not less than
10 penalty units or more than 50 penalty units.
80 Appeals to the Board
(1) A person—
(a) on whom a penalty has been imposed or
against whom any other decision has been
made by a steward under the rules; or
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may appeal to the Board against that decision.
(2) For the purposes of hearing and determining an
appeal, the Board may be constituted by—
(a) the whole Board, or, one or more members
of the Board, selected by the chairperson of
the Board; or
S. 80(2)(b)
amended by
No. 16/2001
s. 18(2).
(b) the whole Board, or, one or more members
of the Board, selected by the chairperson of
the Board, sitting with one or more persons,
selected by the chairperson of the Board,
from the panel of persons appointed under
section 81; or
92
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 81
(c) one or more persons, selected by the
chairperson of the Board, from the panel of
persons appointed under section 81.
(3) For the purposes of hearing and determining an
appeal, the Board may be assisted by an assessor,
selected by the chairperson of the Board from the
panel of persons appointed under section 81A.
S. 80(2)(c)
amended by
No. 16/2001
s. 18(2).
S. 80(3)
amended by
No. 16/2001
s. 18(3).
(4) If more than one person is to hear and determine
an appeal, the chairperson of the Board must
choose the person who is to preside.
(5) If an assessor is to assist the Board in the hearing
of an appeal, the assessor must not take part in the
making of any decision or order or the giving of
any direction by the Board.
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81 Panel of persons for selection for hearing and
determining appeals
(1) The Governor in Council, on the recommendation
of the Minister, may appoint a panel of persons to
be available for selection by the chairperson of the
Board for the purposes of hearing and determining
appeals.
(2) A member of the panel—
(a) holds office for the period, not exceeding
3 years, specified in the instrument of his or
her appointment and is eligible for reappointment; and
(b) may be removed from office at any time by
the Governor in Council; and
(c) is entitled to receive the remuneration and
travelling and other allowances (if any)
which are fixed by the Governor in Council
for that member.
93
Ss 80A, 81
repealed.14
New s. 81
inserted by
No. 97/1998
s. 19.
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 81A
S. 81A
inserted by
No. 97/1998
s. 19.
81A Panel of assessors
(1) The Minister, after consultation with the Board,
may appoint a panel of persons to be assessors, to
assist the Board in the hearing and determining of
appeals.
(2) A member of the panel—
(a) holds office for the period, not exceeding
3 years, specified in the instrument of his or
her appointment and is eligible for reappointment; and
(b) may be removed from office at any time by
the Minister; and
(c) is entitled to receive the remuneration and
travelling and other allowances (if any)
which are fixed by the Minister for that
member.
(3) The Minister must cause the names of members of
the panel to be published in the Government
Gazette.
No. 6070 s. 82.
82 Rules of Board
S. 82
amended by
Nos 8209
s. 21(1)(a)(ii),
8603 s. 6(1).
S. 82(1)
amended by
No. 83/1995
s. 9(1).
(1) The Board may make rules for or with respect to
the control of the sport of greyhound racing in
Victoria and the regulation of the registration and
breeding of greyhounds for greyhound racing,
including (without affecting the generality of the
foregoing) rules for or with respect to fees for
registrations, fines, and any matter whatsoever
which the Board is by or under this or any other
Act required or empowered to administer or
perform.
94
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 82
(1A) Without limiting the powers of the Board under
subsection (1), the Board may make rules for or
with respect to—
S. 82(1A)
inserted by
No. 83/1995
s. 9(2).
(a) the registration of greyhounds as racing
greyhounds, stud greyhounds or breeding
greyhounds;
(b) the recognition of registration of greyhounds
in a State or Territory other than Victoria, or
outside Australia;
(c) the approval of registered greyhounds for
racing;
(d) the breeding and kennelling of greyhounds,
including the registration of—
(i) services by stud greyhounds; and
(ii) results of matings; and
(iii) greyhound puppies in a litter;
(e) the collection of body samples from
greyhounds to verify lineage for the purposes
of registration;
(f) fees to be paid for registration, recognition of
registration, approval for racing and the
collection and testing of body samples.
(2) For the purposes of subsection (1) control of the
sport of greyhound racing in Victoria extends to
control of the use of greyhound trial tracks.
95
S. 82(2)
inserted by
No. 8603
s. 6(2).
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 83
No. 6070 s. 83.
83 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
S. 83(1)(a)
amended by
Nos 7621 s. 6,
8209
s. 21(1)(b),
9146 s. 13,
repealed by
No. 83/1995
s. 10.
*
*
*
*
*
(b) elections for the purposes of this Part;
S. 83(1)(c)
amended by
No. 8209
s. 21(1)(a)(ii).
S. 83(1)
(ca)–(cc)
inserted by
No. 9671 s. 14,
repealed by
No. 9924
s. 3(f).
S. 83(1)(d)
amended by
No. 125/1986
s. 13(d).
(c) fees and costs of appeals to the Board against
decisions of stewards of the Board or of
stewards or committees of greyhound racing
clubs;
*
*
*
*
*
(d) penalties not exceeding 5 penalty units for
any breach of the regulations;
(e) any other matters or things by this Part
required or authorized to be prescribed by
regulations or necessary or expedient to be
prescribed for carrying this Division into
effect.
(2) Any such regulation may confer or impose on the
Board such powers (including power to make
rules) and duties as are necessary or expedient to
carry this Division into effect.
96
Racing Act 1958
No. 6353 of 1958
Part III—Greyhound Racing
s. 83
*
*
*
*
*
*
*
S. 83(3)
repealed by
No. 6886 s. 3.
_______________
*
*
*
_______________
97
Pt 3A
(Heading and
ss 83A–83E)
repealed.15
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83F
Pt 3B
(Heading and
ss 83F–83O)
inserted by
No. 9924 s. 2.
S. 83F
inserted by
No. 9924 s. 2.
PART IIIB—RACING APPEALS TRIBUNAL
83F Definitions
In this Part unless inconsistent with the context or
subject-matter—
adviser means a member of the panel of advisers
established under section 83I;
appeal means an appeal instituted under
subsections (1) or (2) of section 83K, and
appellant means a person who institutes such
an appeal;
S. 83F def. of
Australian
lawyer
inserted by
No. 18/2005
s. 18(Sch. 1
item 91.1).
Australian lawyer has the same meaning as in the
Legal Profession Act 2004;
Chairman or Deputy Chairman means the
Chairman or a Deputy Chairman of the
Tribunal, appointed under section 83H;
S. 83F def. of
controlling
body
amended by
Nos 16/2001
s. 28(Sch.
item 18(a)(b)),
35/2001
s. 6(Sch. 1
item 8).
controlling body means—
(a) in the case of horse racing Racing
Victoria;
(b) in the case of harness racing Harness
Racing Victoria; and
(c) in the case of greyhound racing
Greyhound Racing Victoria;
98
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83F
horse racing appeals and disciplinary body
means a body—
(a) the members of which are appointed by
the directors of Racing Victoria under
the Rules of Horse Racing, as made by
Racing Victoria; and
S. 83F def. of
horse racing
appeals and
disciplinary
body
inserted by
No. 92/2005
s. 3(1).
(b) which has the function of hearing and
determining—
(i) charges under those rules; and
(ii) appeals from decisions of
Stewards under those rules;
penalty means all or any of the following—
(a) any—
(i) suspension; or
(ii) disqualification; or
(iii) warning off—
from participating in racing in any
capacity other than the capacity of
bookmaker or bookmaker's key
employee; or
(b) the imposition of a fine relating to any
participation in racing in any capacity
other than the capacity of bookmaker or
bookmaker's key employee;
proceeding means any proceeding before the
Tribunal following the institution of an
appeal under section 83K;
Registrar means the person appointed as Registrar
under section 83J;
99
S. 83F def. of
penalty
inserted by
No. 16/2001
s. 19,
amended by
No. 73/2008
s. 8.
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83G
Steward means a person appointed as such in
accordance with the Rules of a controlling
body or a person so appointed as a Deputy
Steward;
Tribunal means the Racing Appeals Tribunal
established by this Part.
S. 83G
inserted by
No. 9924 s. 2.
83G Racing Appeals Tribunal
(1) For the purposes of this Act there is hereby
established an appeals tribunal to be known as the
Racing Appeals Tribunal.
(2) The Tribunal shall consist of a Chairman and one
or more Deputy Chairmen.
S. 83H
inserted by
No. 9924 s. 2.
S. 83H(1)(a)
amended by
No. 18/2005
s. 18(Sch. 1
item 91.2).
83H Chairman and Deputy Chairmen
(1) The Chairman and Deputy Chairmen—
(a) shall each be an Australian lawyer of no less
than seven years' standing;
(b) shall be appointed by the Governor in
Council;
(c) subject to this Act, shall each hold office for
the period (not exceeding three years)
specified in the instrument of his
appointment but shall be eligible for
re-appointment;
(d) may be removed from office at any time by
the Governor in Council at his absolute
discretion;
(e) shall be paid such remuneration and such
travelling and other allowances as are fixed
from time to time by the Governor in
Council; and
100
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83I
(f) shall in respect of that office be subject to the
Public Administration Act 2004 (other than
Part 3 of that Act).
S. 83H(1)(f)
amended by
Nos 73/1996
s. 90(3),
46/1998
s. 7(Sch. 1),
substituted by
Nos 108/2004
s. 117(1)
(Sch. 3
item 171.2),
80/2006
s. 26(Sch.
item 90.1).
(2) For any period during which the Chairman is
absent or unable to act the Minister shall appoint
one of the Deputy Chairmen to be acting
Chairman.
(3) For any period during which a Deputy Chairman
is absent or unable to act the Governor in Council
may appoint another Australian lawyer of no less
than seven years' standing to be acting Deputy
Chairman.
S. 83H(3)
amended by
No. 18/2005
s. 18(Sch. 1
item 91.3).
(4) A person appointed under subsection (2) or (3)
shall—
(a) have the powers attached to the office in
which he is acting; and
(b) shall be paid such remuneration and such
travelling and other allowances as are fixed
by the Governor in Council.
83I Panel of advisers
(1) For the purposes of this Act there shall be formed
a panel of no less than six persons of whom two
shall from time to time be advisers to the
Tribunal.
101
S. 83I
inserted by
No. 9924 s. 2.
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83I
(2) Members of the panel—
(a) shall each have, in the Minister's opinion,
sound knowledge of at least one of the three
principal racing codes to which this Act
applies, namely, horse racing, harness racing
and greyhound racing;
(b) shall be appointed by the Minister;
(c) subject to this Act shall each hold office for
the period specified in the instrument of his
appointment but shall be eligible for reappointment;
(d) may be removed from office at any time by
the Minister at his absolute discretion;
(e) shall be paid such remuneration and such
travelling and other allowances as are fixed
from time to time by the Minister; and
S. 83I(2)(f)
amended by
Nos 73/1996
s. 90(4),
46/1998
s. 7(Sch. 1),
substituted by
Nos 108/2004
s. 117(1)
(Sch. 3
item 171.3),
80/2006
s. 26(Sch.
item 90.2).
(f) shall in respect of that office be subject to the
Public Administration Act 2004 (other than
Part 3 of that Act).
(3) The Minister from time to time shall cause the
names of members of the panel to be published in
the Government Gazette.
(4) For any period during which a member of the
panel is absent or unable to act the Minister may
appoint as an acting member of the panel another
person who has, in the Minister's opinion,
knowledge of racing comparable to that of the
member who is absent or unable to act.
102
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83J
(5) A person appointed under subsection (4) shall be
paid such remuneration and such travelling and
other allowances as are fixed by the Minister.
(6) In any appeal before the Tribunal the two advisers
to the Tribunal shall be members of the panel
whose knowledge of racing relates to the
particular code of racing with which the appeal is
concerned.
S. 83J
inserted by
No. 9924 s. 2.
83J Registrar
(1) A Registrar of the Tribunal and any employees
that are necessary for the purposes of this Part are
to be employed under Part 3 of the Public
Administration Act 2004.
(2) The Registrar shall—
(a) keep a register in the prescribed form
containing the prescribed particulars of all
appeals lodged with the Registrar and of all
determinations made thereon by the
Tribunal;
(b) issue such summonses to witnesses and other
process as directed by the Tribunal; and
(c) perform other functions as directed by the
Tribunal.
(3) The register kept by the Registrar pursuant to
paragraph (a) of subsection (2) may be inspected
free of charge at any reasonable time by any
person on demand.
103
S. 83J(1)
amended by
No. 73/1996
s. 90(5),
substituted by
No. 46/1998
s. 7(Sch. 1),
amended by
No. 108/2004
s. 117(1)
(Sch. 3
item 171.4).
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83K
S. 83K
inserted by
No. 9924 s. 2.
S. 83K(1)
amended by
Nos 83/1995
s. 12(1)(a),
16/2001
s. 20(1)(a)(b),
substituted by
No. 92/2005
s. 3(2).
83K Appeals to the Tribunal16
(1) Subject to this Part, a person upon whom a
penalty has been imposed by—
(a) in the case of harness racing and greyhound
racing, the appropriate controlling body;
(b) in the case of horse racing, the horse racing
appeals and disciplinary body—
may, within 14 days after the imposing of the
penalty, in the prescribed form appeal to the
Tribunal, and the Tribunal shall hear and
determine the appeal.
S. 83K(2)
amended by
Nos 77/1993
s. 6(1),
83/1995
s. 12(1)(b),
16/2001
s. 20(2)(a)(b).
(2) Subject to this Part, a person upon whom a
penalty has been imposed by a Steward or
Stewards may, within 14 days after the imposing
of the penalty, in the prescribed form appeal to the
Tribunal, and the Tribunal shall hear and
determine the appeal in the circumstances
described in subsections (4), (4A), (4B), (5)
and (6).
(3) Notwithstanding subsections (1) and (2) an appeal
shall not lie to the Tribunal against—
(a) any decision concerning the eligibility of any
animal to race or the conditions upon which
an animal can race; or
(b) any disqualification or suspension of an
animal from racing (except where that
disqualification or suspension of the animal
is imposed in conjunction with a penalty
imposed upon a person).
S. 83K(4)
amended by
Nos 77/1993
s. 6(2),
92/2005
s. 3(3)(a).
(4) Where the penalty imposed on the appellant is his
suspension disqualification or warning off from
participating in racing as an owner, trainer or
jockey or in any other capacity for a period of, in
the case of harness racing, 3 months or more or, in
104
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83K
any other case, twelve months or more, the
appellant may not appeal against the imposition of
that penalty to the appropriate controlling body or
the horse racing appeals and disciplinary body
(as the case requires) but the appellant may appeal
against the imposition of that penalty to the
Tribunal.
(4A) If, in the case of harness racing, the penalty
imposed on the appellant is a fine of $1000 or
more, the appellant may not appeal against the
imposition of that penalty to Harness Racing
Victoria but the appellant may appeal against the
imposition of that penalty to the Tribunal.
S. 83K(4A)
inserted by
No. 77/1993
s. 6(3),
amended by
No. 16/2001
s. 28(Sch.
item 19).
(4B) If, in the case of harness racing, the appeal is
against a penalty imposed in a matter involving a
prohibited substance within the meaning of the
Rules of Harness Racing made under section 49,
the appellant may not appeal against the penalty to
Harness Racing Victoria but the appellant may
appeal against the penalty to the Tribunal.
S. 83K(4B)
inserted by
No. 77/1993
s. 6(3),
amended by
No. 16/2001
ss 20(3)(a)–(c),
28(Sch.
item 19).
*
*
*
*
*
(5) Where the penalty imposed on the appellant is his
suspension from participating in racing as an
owner, trainer or jockey or in any other capacity
for a period of less than one month, or is a fine in
a sum less than $250, the Tribunal shall hear and
determine the appeal only if it is of the opinion
that it is in the public interest that it do so and the
appellant has first unsuccessfully appealed to the
appropriate controlling body or the horse racing
105
S. 83K(4C)
inserted by
No. 16/2001
s. 20(4),
amended by
No. 35/2001
s. 6(Sch. 1
item 9),
repealed by
No. 45/2004
s. 11.
S. 83K(5)
amended by
No. 92/2005
s. 3(3)(b).
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83K
appeals and disciplinary body (as the case
requires).
S. 83K(6)
amended by
Nos 27/1988
s. 5(1),
92/2005
s. 3(3)(b).
S. 83K(6A)
inserted by
No. 27/1988
s. 5(2),
amended by
No. 16/2001
s. 20(5)(b).
(6) Subject to subsections (6A) and (6B), in the case
of every other appeal under subsection (2) the
Tribunal shall hear and determine the appeal if the
appellant has first unsuccessfully appealed to the
appropriate controlling body or the horse racing
appeals and disciplinary body (as the case
requires).
(6A) If—
S. 83K(6A)(a)
amended by
No. 16/2001
s. 20(5)(a).
(a) a penalty has been imposed upon more than
one person arising out of the same set of
circumstances; and
S. 83K(6A)(b)
amended by
No. 77/1993
s. 6(4).
(b) any one of those persons is entitled to appeal
under subsection (4), (4A) or (4B)—
any person referred to in paragraph (a) may appeal
against the penalty to the Tribunal.
S. 83K(6B)
inserted by
No. 27/1988
s. 5(2),
amended by
No. 16/2001
s. 20(6)(b).
S. 83K(6B)(a)
amended by
No. 16/2001
s. 20(6)(a).
(6B) If—
(a) more than one penalty has been imposed
upon a person arising out of the same set of
circumstances; and
106
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83K
(b) the person is entitled to appeal under
subsection (4), (4A) or (4B) and under
subsection (5) or (6)—
S. 83K(6B)(b)
amended by
No. 77/1993
s. 6(5).
the person may appeal to the Tribunal against all
penalties.
(6C) If subsection (6A) or (6B) applies, the appropriate
controlling body or the horse racing appeals and
disciplinary body (as the case requires) has no
jurisdiction to hear and determine the appeal.
S. 83K(6C)
inserted by
No. 27/1988
s. 5(2),
amended by
No. 92/2005
s. 3(3)(b).
(6D) An appeal instituted after the end of the period
referred to in subsection (1) or (2) is deemed to be
an application for leave to appeal under subsection
(1) or (2).
S. 83K(6D)
inserted by
No. 83/1995
s. 12(2).
(6E) The Tribunal may grant leave under subsection
(6D) and the appellant may proceed with the
appeal if the Tribunal is of the opinion that the
appellant has given an adequate explanation for
the failure to institute the appeal within the period
referred to in subsection (1) or (2).
S. 83K(6E)
inserted by
No. 83/1995
s. 12(2).
(7) Pending the determination of an appeal the
Chairman or a Deputy Chairman may order a stay
of the execution of the penalty appealed against
subject to any terms or conditions that the
Chairman or Deputy Chairman thinks appropriate.
S. 83K(7)
amended by
Nos 27/1988
s. 5(3),
16/2001
s. 20(7).
(8) The appellant may at any time give to the
Registrar written notice of intention to abandon an
appeal.
S. 83K(8)
substituted by
No. 27/1988
s. 5(4).
(8A) The Tribunal may—
(a) impose any condition as to the payment of
costs or otherwise that it thinks fit before an
appeal may be abandoned; or
(b) determine that no condition be imposed.
107
S. 83K(8A)
substituted by
No. 27/1988
s. 5(4).
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83K
S. 83K(8B)
inserted by
No. 27/1988
s. 5(4).
(8B) If a condition imposed under subsection (8A) is
satisfied or the Tribunal determines that no
condition be imposed, the appeal is abandoned
and the Registrar must refund the money lodged
by the appellant with the appeal.
S. 83K(8C)
inserted by
No. 27/1988
s. 5(4),
amended by
No. 16/2001
s. 20(8).
(8C) On the hearing of an appeal, the Tribunal, of its
own motion or on the application of a party to the
appeal, may, with the consent of the appellant,
proceed to hear the appeal as if the matter in
respect of which the penalty has been imposed
were a matter substituted by direction of the
Tribunal.
S. 83K(8D)
inserted by
No. 27/1988
s. 5(4).
(8D) An appeal heard under subsection (8C) must be by
way of rehearing.
S. 83K(9)
amended by
Nos 16/2001
s. 20(9),
92/2005
s. 3(3)(c).
S. 83K(10)
amended by
No. 16/2001
s. 20(10),
substituted by
No. 92/2005
s. 3(4).
(9) In determining an appeal the Tribunal may affirm,
vary or quash the penalty appealed against and
may make or substitute any penalty which the
Steward or Stewards, the appropriate controlling
body or the horse racing appeals and disciplinary
body (as the case requires) would have been
empowered to make.
(10) The determination of the Tribunal and any penalty
arising from it are binding upon the appellant, the
Steward or Stewards and—
(a) in the case of harness racing, Harness Racing
Victoria;
(b) in the case of greyhound racing, Greyhound
Racing Victoria;
(c) in the case of horse racing, Racing Victoria
and the horse racing appeals and disciplinary
body.
108
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83KA
83KA Appeals by Stewards to the Tribunal
(1) Subject to this Part, a Steward may appeal to the
Tribunal—
(a) in the case of harness racing and greyhound
racing, against a decision of the appropriate
controlling body on an appeal to that body
against a penalty originally imposed by the
Steward;
S. 83KA
inserted by
No. 16/2001
s. 21.
S. 83KA(1)
substituted by
No. 45/2004
s. 12(1).
(b) in the case of horse racing, against a decision
of the horse racing appeals and disciplinary
body.
(2) An appeal by a Steward must be made within
14 days after the decision of the appropriate
controlling body or the horse racing appeals and
disciplinary body (as the case requires).
S. 83KA(2)
amended by
No. 45/2004
s. 12(2).
(3) The Tribunal must hear and determine the appeal
and in doing so may—
(a) vary or quash the decision appealed against;
or
(b) make or substitute any decision which the
appropriate controlling body or the horse
racing appeals and disciplinary body (as the
case requires) would have been empowered
to make.
(4) The determination of the Tribunal and any
decision arising from it is binding upon the
Steward, the person to whom it applies and—
(a) if the appeal was an appeal against a decision
of Harness Racing Victoria, Harness Racing
Victoria;
109
S. 83KA(3)(b)
substituted by
No. 92/2005
s. 3(5)(a).
S. 83KA(4)
substituted by
No. 45/2004
s. 12(3).
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83L
(b) if the appeal was an appeal against a decision
of Greyhound Racing Victoria, Greyhound
Racing Victoria;
(c) if the appeal was an appeal against a decision
of the horse racing appeals and disciplinary
body, Racing Victoria and the horse racing
appeals and disciplinary body.
(5) Pending the determination of an appeal under this
section, the person chairing the Tribunal may
order a stay of execution of the decision appealed
against subject to any terms and conditions that
person thinks appropriate.
S. 83KA(6)
inserted by
No. 45/2004
s. 12(4),
repealed by
No. 92/2005
s. 3(5)(b).
S. 83L
inserted by
No. 9924 s. 2.
*
*
*
*
*
83L Constitution of Tribunal
(1) For the purpose of hearing and determining an
appeal, the Tribunal shall be constituted by the
Chairman (or a Deputy Chairman) who shall sit
with two advisers appointed by the Minister from
the panel established by section 83I.
(2) Subject to subsection (3) in hearing and
determining an appeal before the Tribunal, the
Chairman (or Deputy Chairman) alone shall
decide all questions of law and of facts and shall
make all decisions and orders, including as to the
fixing of a penalty, and give all directions required
to be made or given by the Tribunal and any
decision order or direction of the Chairman (or a
Deputy Chairman) shall be deemed to be a
decision order or direction of the Tribunal.
110
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83M
(3) Where a question of law arises in proceedings
before the Tribunal the Chairman (or Deputy
Chairman) may, if he thinks fit, reserve the
question in the form of a special case for the
opinion of the Supreme Court and accordingly
postpone the further hearing of the appeal, and the
Supreme Court shall give its opinion on the
question of law so reserved.
(4) The advisers to the Tribunal—
(a) may advise the Chairman (or Deputy
Chairman) on any matter other than a
question of law; and
(b) may assist the Chairman (or Deputy
Chairman) in any way he may require in
performing the functions of the Tribunal—
but shall not participate in the making of any
decision or order or in the giving of any direction
by the Tribunal.
83M Hearing of appeals
(1) Subject to this Part and any regulations made
hereunder, the Tribunal—
S. 83M
inserted by
No. 9924 s. 2.
(a) may regulate its own procedure; and
(b) is not bound by formal rules and practices as
to evidence, but may inform itself as to any
matter in such manner as it thinks fit.
(2) An appeal before the Tribunal shall—
(a) be held at such place and time as is
determined by the Tribunal, save that it shall
be held in public; and
(b) be by way of rehearing unless the Tribunal
otherwise directs.
(3) An appeal under section 83K shall not be heard
until the appellant has first lodged a prescribed
sum of money with the Registrar.
111
S. 83M(3)
amended by
No. 16/2001
s. 22.
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83M
(4) Upon the determination of an appeal the sum so
lodged shall be refunded to the appellant unless
the Tribunal is of the opinion that the appeal was
frivolous or vexatious and directs the Registrar not
to refund the money or to refund only a part of it.
(5) Any money not refunded to the appellant shall be
paid to the appropriate controlling body.
(6) The Tribunal may of its own motion or on the
application of any party to a proceeding before it
direct the Registrar to issue and to serve on any
person a summons to appear before the Tribunal
to give evidence or to produce such documents as
are specified in the summons and may make an
order for the manner of service of the summons
(including an order for substituted service).
(7) A person who without lawful excuse disobeys a
summons of the Tribunal shall be guilty of an
offence.
Penalty: 5 penalty units.
(8) Evidence before the Tribunal—
(a) shall be given orally unless the Tribunal has
given leave to allow the evidence to be given
in writing or partly orally and partly in
writing; and
S. 83M(8)(b)
substituted by
No. 45/2004
s. 13.
(b) shall be given on oath, or on affirmation or
by declaration instead of on oath, unless the
Tribunal gives leave for that evidence to not
be so given.
(9) The Chairman and Deputy Chairmen are hereby
empowered to administer an oath or, as the case
may be, to take and receive an affirmation or
declaration for the purpose of receiving evidence.
112
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83MA
(10) All parties to an appeal shall be present at the
hearing of the appeal, but each may be represented
by an Australian lawyer or, with the leave of the
Tribunal, by any other person.
S. 83M(10)
amended by
No. 18/2005
s. 18(Sch. 1
item 91.4).
(11) Each party to an appeal shall pay his own costs
except where the Tribunal is of the opinion that
this would be unjust, in which case the Tribunal
may make such order as to costs as it thinks fit.
83MA Protection of members, legal practitioners and
witnesses
(1) A member of the Tribunal has, in the performance
of duties as a member, the same protection and
immunity as a Judge of the Supreme Court.
(2) A person appearing before the Tribunal on behalf
of a party has the same protection and immunity
as an Australian legal practitioner (within the
meaning of the Legal Profession Act 2004) has in
appearing for a party in proceedings in the
Supreme Court.
S. 83MA
inserted by
No. 27/1988
s. 6.
S. 83MA(2)
amended by
No. 35/1996
s. 453(Sch. 1
item 70),
substituted by
No. 18/2005
s. 18(Sch. 1
item 91.5).
(3) Subject to this Act, a person summoned to attend
or appearing before the Tribunal as a witness has
the same protection, and, in addition to the
penalties provided by this Act, is subject to the
same liabilities, as a witness in proceedings in the
Supreme Court.
83MB Contempt of Tribunal
A person must not—
(a) insult a member of the Tribunal in the
performance of functions or the exercise of
powers as a member at a proceeding before
the Tribunal; or
(b) interrupt a proceeding before the Tribunal; or
113
S. 83MB
inserted by
No. 83/1995
s. 13.
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83N
(c) create a disturbance, or take part in creating
or continuing a disturbance, in or near a
place where the Tribunal is conducting a
proceeding; or
(d) do any other act that would, if the Tribunal
were a court of record, constitute contempt
of that court.
Penalty: 10 penalty units or imprisonment for
3 months.
S. 83N
inserted by
No. 9924 s. 2.
83N Offence
Any person who fails to comply with the
provisions of this Part or with any regulation
made hereunder or who fails to abide by any
decision or comply with any order or direction of
the Tribunal, including any order imposing a
penalty, shall be guilty of an offence.
Penalty: 10 penalty units.
S. 83NA
inserted by
No. 27/1988
s. 7.
83NA Jurisdiction to hear and determine racing matters
(1) The Supreme Court does not have jurisdiction to
hear, or continue to hear, or determine any
proceedings in which a person bringing the
proceedings brings in issue the matter of the
exercise of, or the failure to exercise, a power if—
(a) the Tribunal has jurisdiction to hear and
determine the matter; and
(b) the matter—
(i) has not been referred to the Tribunal; or
(ii) if so referred, has not been determined
by the Tribunal.
(2) If the Supreme Court is of the opinion that there
are special circumstances which justify the
hearing by the Court of proceedings to which
subsection (1) applies, the Court may direct that
114
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83NB
subsection (1) does not apply to those
proceedings.
(3) If a Court determines any proceedings to which
subsection (1) applies but does not give a
direction under subsection (2), nothing in this
section invalidates the decision of the Court.
83NB Costs of Tribunal
(1) VicRacing Pty Ltd, A.C.N. 064 067 849, must pay
to the Minister for payment into the Consolidated
Fund a Tribunal charge in such instalments in
respect of such periods in each financial year as
the Minister determines from time to time.
S. 83NB
inserted by
No. 37/1994
s. 190.
(2) The Tribunal charge is such amount in respect of
each financial year as the Minister determines,
having regard to the reasonable costs and
expenses of the Tribunal in respect of the financial
year.
83O Regulations
(1) The Governor in Council may make regulations
for or with respect to prescribing—
S. 83O
inserted by
No. 9924 s. 2,
amended by
No. 49/1987
s. 23(c).
(a) forms for the purposes of this Part;
(b) the form and content of the register;
(c) the sum of money to be lodged by an
appellant with his appeal;
(d) generally, the procedure of the Tribunal;
*
*
*
*
*
(f) generally any matter or thing which by this
Part is authorized to be prescribed or which
is expedient to be prescribed for the purposes
of this Part.
115
S. 83O(1)(e)
repealed by
No. 83/1995
s. 11(4).
Racing Act 1958
No. 6353 of 1958
Part IIIB—Racing Appeals Tribunal
s. 83O
S. 83O(2)
inserted by
No. 49/1987
s. 23(d).
(2) The regulations may apply, adopt or incorporate
(with or without modification) any matter
contained in any document issued or adopted by
any specified person or body as issued or adopted
at the time the regulation is made or at any time
before then.
_______________
116
Racing Act 1958
No. 6353 of 1958
Part IIIC—Review by Victorian Civil and Administrative Tribunal
s. 83P
PART IIIC—REVIEW BY VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL
Pt 3C
(Heading and
ss 83P–83S)
inserted by
No. 16/2001
s. 23.
S. 83P
inserted by
No. 16/2001
s. 23.
83P Definitions
In this Part—
bookmaking licence means a licence or other
authority issued in respect of a bookmaker or
bookmaker's key employee by a controlling
body or racing club under any rules made
under section 5, 91A or 91B;
S. 83P def. of
bookmaking
licence
amended by
No. 19/2002
s. 5,
substituted by
No. 73/2008
s. 9(1).
controlling body has the same meaning as in
Part IIIB;
occupational racing licence means any licence,
registration, permit or other authority
required under the rules made by a
controlling body for a person to participate in
any occupation in racing or in any class or
category of an occupation in racing, other
than a bookmaking licence or registration of
a bookmaker or bookmaker's key employee
under Part 5A of Chapter 4 of the Gambling
Regulation Act 2003.
83Q Review by VCAT of occupational racing licences
In the case of an occupational racing licence, a
person may apply to the Victorian Civil and
Administrative Tribunal for review of—
(a) a decision to refuse an application for such a
licence; or
117
S. 83P def. of
occupational
racing licence
amended by
No. 73/2008
s. 9(2).
S. 83Q
inserted by
No. 16/2001
s. 23.
Racing Act 1958
No. 6353 of 1958
Part IIIC—Review by Victorian Civil and Administrative Tribunal
s. 83R
(b) a decision to—
(i) refuse to renew such a licence; or
(ii) revoke such a licence; or
(c) a decision to—
(i) impose a condition on; or
(ii) vary or revoke a condition on; or
(iii) refuse to vary or revoke a condition
on—
such a licence.
S. 83R
inserted by
No. 16/2001
s. 23.
83R Review by VCAT of bookmaking licences
In the case of a bookmaking licence, a person may
apply to the Victorian Civil and Administrative
Tribunal for review of—
(a) a decision to refuse an application for such a
licence; or
(b) a decision to—
(i) refuse to renew such a licence; or
(ii) revoke such a licence; or
(c) a decision to—
(i) impose a condition on; or
(ii) vary or revoke a condition on; or
(iii) refuse to vary or revoke a condition on;
or
(iv) suspend—
such a licence; or
(d) a decision to disqualify a person from
holding such a licence; or
(e) a decision to impose a fine on the holder of
such a licence for any matter connected with
such a licence; or
118
Racing Act 1958
No. 6353 of 1958
Part IIIC—Review by Victorian Civil and Administrative Tribunal
s. 83S
(f) a decision to warn off the holder of such a
licence.
83S Time limit for applying for review
An application for review must be made within
28 days after the later of—
(a) the day on which the decision is made; or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
_______________
119
S. 83S
inserted by
No. 16/2001
s. 23.
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 84
Pt 4
(Heading)
substituted by
No. 6790 s. 4,
amended by
No. 97/1998
s. 20,
substituted by
Nos 19/2002
s. 6, 73/2008
s. 10(1).
No. 6070 s. 84.
PART IV—REGISTERED BOOKMAKERS AND
CONTROLLING BODIES
84 Definitions
In this Part unless inconsistent with the context or
subject-matter—
S. 84 def. of
approved
betting event
inserted by
No. 18/2007
s. 6(h).
approved betting event has the same meaning as
in the Gambling Regulation Act 2003;
S. 84 def. of
approved
bookmaking
company
inserted by
No. 19/2002
s. 7(a),
repealed by
No. 73/2008
s. 10(2).
*
*
*
*
*
S. 84 def. of
automatic
recorder
inserted by
No. 17/1992
s. 9(a),
repealed by
No. 24/2000
s. 12(2)(c).
*
*
*
*
*
120
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 84
bookmaker includes any person who (whether on
the person's own account or as employee or
agent of any other person) carries on the
business or vocation of or acts as a
bookmaker or turf commission agent, and
any person who gains or endeavours to gain
a livelihood wholly or partly by betting or
making wagers;
bookmaker's betting turnover for a period, means
the gross amount of all bets made with a
bookmaker in that period less the gross
amount of bets made in that period by the
bookmaker in respect of those bets with—
(a) other bookmakers who are carrying on
their business or vocation under a club
bookmaker's licence in accordance with
this Act; and
S. 84 def. of
bookmaker
amended by
Nos 6790
s. 5(a),
73/1996
s. 86(a)(i),
74/2000
s. 3(Sch. 1
item 107.2),
19/2002
s. 7(b)(i)(ii).
S. 84 def. of
bookmaker's
betting
turnover
inserted by
No. 24/2000
s. 12(2)(d),
amended by
No. 114/2003
s. 12.1.3(Sch.
6 item 10.7(a)).
(b) the holder of the wagering licence
under Part 3 of Chapter 4 of the
Gambling Regulation Act 2003;
*
*
*
*
*
S. 84 def. of
bookmaker's
clerk
amended by
Nos 7230 s. 3,
19/2002
s. 7(c),
repealed by
No. 73/2008
s. 10(2).
*
*
*
*
*
S. 84 def. of
bookmaker's
course agent
inserted by
No. 6790
s. 5(b),
repealed by
No. 73/1996
s. 86(a)(ii).
121
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 84
S. 84 def. of
club
bookmaker's
licence
amended by
Nos 73/1996
s. 88(1)(a),
16/2001
s. 28(Sch.
item 20(a)),
35/2001
s. 6(Sch. 1
item 10(a)),
19/2002
s. 7(d).
S. 84 def. of
Committee
repealed by
No. 73/2008
s. 10(2).
S. 84 def. of
controlling
body
inserted by
No. 24/2000
s. 12(2)(d),
amended by
Nos 16/2001
s. 28(Sch.
item 20(b)(i)
(ii)), 35/2001
s. 6(Sch. 1
item 10(b)).
club bookmaker's licence means an unexpired
licence or permit (including a substitute
licence or substitute permit) whereby a
bookmaker is licensed or permitted by
Racing Victoria or Harness Racing Victoria
or Greyhound Racing Victoria or by any
racing club or by any person having the
management or control of a race-course or
by any promoter of any sports on any sports
ground to carry on the business or vocation
of bookmaking on a race-course or any part
thereof or (as the case may be) on a sports
ground as specified in the licence or permit;
*
*
*
*
*
controlling body means—
(a) Racing Victoria;
(b) Harness Racing Victoria;
(c) Greyhound Racing Victoria;
S. 84 def. of
gaming
investigator
inserted by
No. 125/1986
s. 7(a),
repealed by
No. 24/2000
s. 12(2)(c).
*
*
*
*
*
S. 84 def. of
member
repealed by
No. 73/2008
s. 10(2).
*
*
*
*
*
122
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 84
prescribed means prescribed by regulations made
under this Part;
promoter means the person or body that has the
control, direction, conduct or management of
any sports and occupying or having authority
to occupy the sports ground on which the
sports are played;
S. 84 def. of
promoter
amended by
No. 7621
s. 13(5)(a),
substituted by
No. 114/2003
s. 12.1.3(Sch.
6 item 10.7(b)).
race-course has the same meaning as racecourse
has in section 2.1.2 of the Gambling
Regulation Act 2003;
S. 84 def. of
race-course
amended by
No. 7621
s. 13(5)(b),
substituted by
No. 114/2003
s. 12.1.3
(Sch. 6
item 10.7(c)).
*
*
*
*
*
racing club means club association society or
body of persons corporate or unincorporate
formed for promoting or controlling horse
racing pony racing or harness racing or
greyhound racing or for holding racemeetings but does not include Racing
Victoria, Harness Racing Victoria and
Greyhound Racing Victoria;
regulations means regulations made under this
Part;
123
S. 84 def. of
race-meeting
amended by
No. 7621
s. 13(5)(b),
repealed by
No. 16/2001
s. 24.
S. 84 def. of
racing club
amended by
Nos 9671
s. 28, 73/1996
s. 88(1)(b),
35/2001
s. 6(Sch. 1
item 10(c)),
19/2002
s. 7(e).
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 84
S. 84 def. of
sports
amended by
No. 7621
s. 13(5)(a),
substituted by
No. 114/2003
s. 12.1.3
(Sch. 6
item 10.7(d)).
S. 84 def. of
sports ground
amended by
No. 7621
s. 13(5)(a),
substituted by
No. 114/2003
s. 12.1.3
(Sch. 6
item 10.7(e)).
sports means bicycle races, foot races, coursing
matches, dog races (other than greyhound
races), cricket matches, football matches or
any other game, exercise, pastime or contest
(other than a horse race) to which persons
commonly resort as spectators;
sports ground means any land to which persons
are admitted, either at all times or only at
certain times and whether on payment of an
entrance fee or otherwise, for the purpose of
taking part in or watching any sports;
S. 84 defs of
substitute
licence and
substitute
permit
repealed by
No. 73/2008
s. 10(2).
*
*
*
*
*
S. 84 def. of
trading
bookmaking
partnership
inserted by
No. 19/2002
s. 7(a),
repealed by
No. 73/2008
s. 10(2).
*
*
*
*
*
S. 84 def. of
write out
inserted by
No. 17/1992
s. 9(b),
repealed by
No. 24/2000
s. 12(2)(c).
*
*
*
*
*
124
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 85
*
*
*
*
*
*
*
*
*
*
S. 85AA
inserted by
No. 16/2001
s. 25,
repealed by
No. 73/2008
s. 10(3).
*
*
*
*
*
S. 85A
inserted by
No. 7230 s. 4,
amended by
Nos 125/1986
s. 13(j),
73/1996
s. 86(b),
repealed by
No. 73/2008
s. 10(3).
125
S. 85
amended by
Nos 7082 s. 4,
8080 s. 5(1),
8209 ss 12,
21(1)(a)(ii),
9671 s. 29,
83/1995
s. 11(5),
97/1998 s. 21,
16/2001
s. 28(Sch.
item 21),
35/2001
s. 6(Sch. 1
item 11),
19/2002 s. 8,
repealed by
No. 73/2008
s. 10(3).
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 86
*
*
*
*
*
S. 86A
inserted by
No. 37/1994
s. 191,
amended by
No. 19/2002
s. 10,
repealed by
No. 73/2008
s. 10(3).
*
*
*
*
*
Ss 86B, 86C
inserted by
No. 19/2002
s. 11,
repealed by
No. 73/2008
s. 10(3).
*
*
*
*
*
S. 86
amended by
Nos 6790 s. 6,
8776 s. 3(1)(a),
9075 s. 5(2),
125/1986
s. 6(1),
65/1988
s. 22(a),
17/1992
s. 8(1),
77/1993
s. 8(1)(2),
83/1995
s. 14(a),
24/2000
s. 12(2)(e),
19/2002 s. 9,
repealed by
No. 73/2008
s. 10(3).
126
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 87
*
*
*
*
*
*
*
*
*
*
S. 87A
inserted by
No. 6790 s. 8,
amended by
Nos 125/1986
s. 6(1),
65/1988 s.
22(c), 32/1991
s. 8, 17/1992
s. 8(3),
83/1995
s. 14(c),
repealed by
No. 73/1996
s. 86(c).
*
*
*
*
*
S. 87B
inserted by
No. 7230 s. 5,
amended by
Nos 9549
s. 2(1)(Sch.
item 188),
125/1986
s. 13(k) (as
amended by
No. 41/1989
s. 9), 24/2000
s. 12(2)(g),
16/2001 s. 26,
19/2002 s. 13,
repealed by
No. 73/2008
s. 10(3).
127
S. 87
amended by
Nos 6790 s. 7,
8776 s. 3(1)(b),
125/1986
s. 6(1),
65/1988
s. 22(b),
17/1992
ss 8(2), 10,
83/1995
s. 14(b),
73/1996 s. 87,
24/2000
s. 12(2)(f),
19/2002 s. 12,
repealed by
No. 73/2008
s. 10(3).
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 88
*
*
*
*
*
S. 89
amended by
Nos 6790
s. 10, 49/1987
s. 17, 65/1988
s. 22(e),
73/1996
s. 86(e),
repealed by
No. 73/2008
s. 10(3).
*
*
*
*
*
S. 90
amended by
Nos 6790
s. 11, 125/1986
s. 7(b),
73/1996
s. 86(f),
40/1997 s.
138(Sch. 2
item 12),
24/2000
s. 12(2)(h),
repealed by
No. 73/2008
s. 10(3).
*
*
*
*
*
S. 88
amended by
Nos 6790 s. 9,
125/1986
s. 6(2),
65/1988
s. 22(d),
83/1995
s. 14(d),
73/1996
s. 86(d),
19/2002 s. 14,
repealed by
No. 73/2008
s. 10(3).
128
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 91
91 Requirements for bookmakers to carry on business
(1) A person must not carry on the business of
bookmaking on a racecourse or part of a
racecourse or a sports ground unless the person—
(a) is a registered bookmaker or an approved
substitute; and
(b) in the case of a registered bookmaker, holds
a club bookmaker's licence issued to the
bookmaker for that racecourse or part of a
racecourse or sports ground if such a licence
is required by a controlling body or by any
racing club or promoter of sports to enable
the bookmaker to carry on the business of
bookmaking.
Penalty: Level 8 imprisonment (1 year
maximum) or level 8 fine (120 penalty
units) or both.
(2) If a controlling body requires a bookmaker to hold
a club bookmaker's licence for race meetings at a
racecourse, then the bookmaker is not required to
obtain a club bookmaker's licence from any racing
club in respect of those race meetings.
(3) If Racing Victoria requires a bookmaker to hold a
club bookmaker's licence for the purposes of
betting in accordance with section 4(4)(b), the
bookmaker is not required to obtain a club
bookmaker's licence from any other racing club in
respect of that betting.
(4) A person carrying on the business of bookmaking
on a racecourse or part of a racecourse or a sports
ground must not employ a person as a
bookmaker's key employee unless the person is a
registered bookmaker's key employee.
Penalty: 20 penalty units.
129
No. 6070 s. 91.
S. 91
amended by
Nos 6790
s. 12,125/1986
s. 13(l),
65/1988
s. 22(f),
41/1989
s. 8(e),
73/1996
ss 86(g),
88(2)(3),
97/1998 s. 22,
16/2001
s. 28(Sch.
item 22),
35/2001
s. 6(Sch. 1
item 12),
19/2002 s. 15,
substituted by
No. 73/2008
s. 11.
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 91A
S. 91A
inserted by
No. 73/1996
s. 89.
S. 91A(1)
amended by
No. 35/2001
s. 6(Sch. 1
item 13(a)).
91A Controlling bodies may make rules
(1) For the purposes of section 91, Racing Victoria
may make rules for or with respect to—
S. 91A(1)(a)
amended by
No. 35/2001
s. 6(Sch. 1
item 13(b)).
(a) the issue of club bookmaker's licences by
Racing Victoria on payment of the fees fixed
by the rules; and
S. 91A(1)(b)
amended by
No. 35/2001
s. 6(Sch. 1
item 13(c)).
(b) fixing the terms and conditions of club
bookmaker's licences issued by Racing
Victoria; and
(c) excluding or removing from a race-course or
part of a race-course bookmakers who are
not so licensed.
S. 91A(2)
amended by
No. 16/2001
s. 28(Sch.
item 23(a)).
(2) For the purposes of section 91 and without
limiting section 49, Harness Racing Victoria may
make rules for or with respect to—
S. 91A(2)(a)
amended by
No. 16/2001
s. 28(Sch.
item 23(a)).
(a) the issue of club bookmaker's licences by
Harness Racing Victoria on payment of the
fees fixed by the rules; and
S. 91A(2)(b)
amended by
No. 16/2001
s. 28(Sch.
item 23(a)).
(b) fixing the terms and conditions of club
bookmaker's licences issued by Harness
Racing Victoria; and
(c) excluding or removing from a race-course or
part of a race-course bookmakers who are
not so licensed.
130
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 91AB
(3) For the purposes of section 91 and without
limiting section 82, Greyhound Racing Victoria
may make rules for or with respect to—
S. 91A(3)
amended by
No. 16/2001
s. 28(Sch.
item 23(b)).
(a) the issue of club bookmaker's licences by
Greyhound Racing Victoria on payment of
the fees fixed by the rules; and
S. 91A(3)(a)
amended by
No. 16/2001
s. 28(Sch.
item 23(b)).
(b) fixing the terms and conditions of club
bookmaker's licences issued by Greyhound
Racing Victoria; and
S. 91A(3)(b)
amended by
No. 16/2001
s. 28(Sch.
item 23(b)).
(c) excluding or removing from a race-course or
part of a race-course bookmakers who are
not so licensed.
(4) A controlling body must advise the Commission
of any disciplinary action taken against a
bookmaker under rules made under this section
within 48 hours of the taking of the action.
S. 91A(4)
inserted by
No. 73/2008
s. 12.
(5) On being advised of any disciplinary action taken
against a bookmaker, the Commission may
request in writing to the controlling body any
further information relating to the disciplinary
action.
S. 91A(5)
inserted by
No. 73/2008
s. 12.
(6) The controlling body must give the information
requested under subsection (5) to the Commission
within 14 days or the longer period allowed by the
Commission.
S. 91A(6)
inserted by
No. 73/2008
s. 12.
91AB Approved substitutes
(1) A registered bookmaker may apply to a
controlling body for approval of a registered
bookmaker's key employee to carry on the
business of the registered bookmaker during a
period of absence.
131
S. 91AB
inserted by
No. 73/2008
s. 13.
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 91B
(2) An approval by the controlling body under
subsection (1) may be given generally or in
relation to particular race meetings or dates.
(3) Each controlling body must establish and maintain
a Register of Approved Substitutes.
(4) The Register must contain the following
information—
(a) the name of each registered bookmaker who
has an approved substitute; and
(b) the name of the approved substitute for that
registered bookmaker; and
(c) the period of time for which the approval
was granted; and
(d) if applicable, the particulars of the race
meetings and dates for which the approved
substitute will substitute for the registered
bookmaker.
(5) A controlling body must make its Register
available for inspection by the Commission.
(6) An approved substitute is subject to the provisions
of this Act and every other Act in all respects as if
the approved substitute were a registered
bookmaker or the holder of a club bookmaker's
licence.
S. 91B
inserted by
No. 24/2000
s. 13.
S. 91B(1)
amended by
No. 35/2001
s. 6(Sch. 1
item 14).
91B Bookmaker's licence levy
(1) A controlling body may make rules—
(a) imposing a periodic levy on a bookmaker
who is required by the controlling body to
hold a club bookmaker's licence; and
132
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 91B
(b) providing for the calculation of the levy,
including the classes of bets that are to be
included or excluded for the purpose of
calculating the levy; and
(c) providing for the payment and recovery of
the levy, including the imposition of interest
on late payment; and
(d) providing for the application of the proceeds
of the levy, including interest on late
payment and fines (other than the proportion
that is paid into a bookmaking development
fund under section 91C(2)(a)); and
(e) imposing requirements for the making and
recording of betting transactions and the
reporting to the controlling body of those
transactions and other information required
by the controlling body; and
(f) imposing sanctions for non-compliance with
the rules, including fines, licence suspension
and disqualification.
(2) A levy imposed by rules made under this section
may differ according to different classes of bets or
different classes of bookmakers, or both.
(3) A levy imposed on a bookmaker in respect of a
period by rules made under this section cannot
exceed 1% of the bookmaker's betting turnover for
that period.
(4) A controlling body may recover any levy, interest
or fine payable by a bookmaker under rules made
under this section in a court of competent
jurisdiction as a debt due to the controlling body.
(5) Rules made under this section, and any
amendments to them, do not come into operation
until they are approved in writing by the Minister
under section 91D.
133
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 91C
S. 91C
inserted by
No. 24/2000
s. 13.
91C Bookmaking development fund
(1) Unless the Minister determines otherwise, a
controlling body that makes rules under section
91B must establish a bookmaking development
fund.
(2) There is to be paid into each fund—
(a) a proportion, determined from time to time
by the relevant controlling body with the
approval of the Minister, of the total amount
received in respect of levies, interest on late
payment and fines imposed under rules made
under section 91B; and
(b) any money derived from any investment of
the fund.
(3) The Minister may at any time withdraw an
approval given under subsection (2)(a).
(4) Money standing to the credit of each fund is to be
applied, as determined from time to time by the
relevant controlling body in accordance with
guidelines issued under subsection (5)—
(a) for the advancement of the bookmaking
profession; and
(b) to defray the reasonable expenses of
administering the fund.
(5) For the purposes of subsection (4), a controlling
body that establishes a fund under this section
must issue guidelines for the administration of the
fund, including guidelines—
(a) specifying the method for determining
payments from the fund (including the
method for determining the reasonable
expenses of administering the fund); and
134
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 91D
(b) providing a process for consultation between
the controlling body and the bookmaking
profession in respect of the application of the
fund.
(6) Guidelines made under subsection (5), and any
amendments to them, do not come into operation
until they are approved in writing by the Minister
under section 91D.
91D Ministerial approval of rules and guidelines
(1) The Minister, in writing given to a controlling
body, may approve rules made under section 91B
by that body or guidelines made under
section 91C by that body or amendments made to
those rules or guidelines by that body.
(2) An approval under this section—
(a) may be given indefinitely or for a specified
period;
(b) may be made subject to conditions, including
a condition that the controlling body review
the rule, guideline or amendment within the
period specified by the Minister;
(c) may at any time be withdrawn in writing by
the Minister.
(3) Without limiting subsection (2)(c), the Minister
may withdraw approval of a rule, guideline or
amendment if the controlling body that made it
does not comply with a condition to which it is
subject.
(4) The withdrawal of approval of a rule or guideline
by the Minister takes effect as a revocation of the
rule or guideline.
(5) If the Minister withdraws approval of an
amendment of a rule or guideline, the rule or
guideline takes effect, after the withdrawal, as if
the amendment had not been made.
135
S. 91D
inserted by
No. 24/2000
s. 13.
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 91E
S. 91E
inserted by
No. 24/2000
s. 13,
amended by
No. 73/2008
s. 14(1).
91E Provision of information regarding betting records
A controlling body may disclose information
relating to betting transactions that it obtains from
a registered bookmaker or registered bookmaker's
key employee to—
(a) another controlling body;
S. 91E(b)
amended by
No. 73/2008
s. 14(2).
(b) the Commission;
(c) the Chief Commissioner of Police or a
member of the police force authorised in
writing by the Chief Commissioner of
Police;
(d) Victorian Bookmakers Association Limited;
S. 91E(da)
inserted by
No. 18/2007
s. 6(i).
(da) a person or body that, in the opinion of the
controlling body, controls, organises or
administers an approved betting event;
(e) the Australian Transaction Reports and
Analysis Centre;
(f) the Commissioner of Taxation of the
Commonwealth;
(g) a person or body that—
(i) has any regulatory or administrative
functions in respect of racing,
bookmaking or betting in Victoria or in
another State or a Territory of the
Commonwealth; and
(ii) is specified by the Minister, by Order
published in the Government Gazette,
for the purposes of this section.
136
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 92
92 Production of documents by bookmakers and
bookmaker's key employees
(1) A bookmaker carrying on the business of
bookmaking on a racecourse or part of a
racecourse or a sports ground must produce for
inspection—
(a) evidence of registration under Part 5A of
Chapter 4 of the Gambling Regulation Act
2003; or
(b) evidence of a licence required under
section 91(1)(b)—
if so requested by an authorised person.
Penalty: 20 penalty units.
(2) A bookmaker's key employee who is working on a
racecourse or part of a racecourse or a sports
ground must produce for inspection evidence of
registration under Part 5A of Chapter 4 of the
Gambling Regulation Act 2003 if so requested
by an authorised person.
Penalty: 20 penalty units.
(3) In this section—
authorised person means—
(a) the secretary or chairman of the club
conducting the races on the racecourse;
or
(b) the promoter of any sports on the sports
ground; or
(c) a police member; or
(d) an inspector appointed under section
10.5.1 of the Gambling Regulation
Act 2003.
137
No. 6070 s. 92.
S. 92
amended by
Nos 6790
s. 13, 125/1986
s. 7(b),
73/1996
s. 86(h),
40/1997
s. 138(Sch. 2
item 12),
24/2000 s. 14,
19/2002 s. 16,
substituted by
No. 73/2008
s. 15.
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 94A
*
*
*
*
*
S. 93A
inserted by
No. 6790 s. 14,
amended by
No. 65/1988
s. 22(h),
repealed by
No. 73/1996
s. 86(i).
*
*
*
*
*
No. 6070 s. 94.
*
*
*
*
*
No. 6070 s. 93.
S. 93
amended by
No. 65/1988
s. 22(g),
repealed by
No. 73/2008
s. 16.
S. 94
amended by
No. 125/1986
s. 13(m),
repealed by
No. 73/2008
s. 16.
S. 94A
inserted by
No. 7230 s. 6.
S. 94A(1AA)
inserted by
No. 73/1996
s. 75(1),
amended by
No. 19/2002
s. 17(1).
94A Guarantee of bookmakers against defaults in
payment of wagers17
(1AA) In this section—
S. 94A(1AA)
def. of bond
inserted by
No. 73/2008
s. 17(1).
bond includes a guarantee;
S. 94A(1AA)
def. of
determined
amount
substituted by
No. 73/2008
s. 17(2).
determined amount, in relation to a bond, class of
registered bookmaker or class of wager,
means the amount determined by Order
under subsection (2B) in respect of that
bond, class of registered bookmaker or class
of wager.
138
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 94A
*
*
*
*
*
(1) The Commission, with the approval of the
Minister, may—
(a) arrange with the Victorian Bookmakers
Association Limited ACN 004 236 677
(the Company) for the Company to lodge
with the Commission a bond in the
determined amount, in the circumstances and
to the extent provided by this section, to
satisfy defaults made by registered
bookmakers or their approved substitutes in
the payment of wagers to persons betting
with them in accordance with section 4, a
club betting permit or section 2.5.10 of the
Gambling Regulation Act 2003; or
S. 94A(1AA)
def. of
registered
bookmaker
repealed by
No. 73/2008
s. 17(3).
S. 94A(1)
amended by
Nos 8603
s. 10(a),
49/1987
s. 18(a),
73/1996
s. 75(2),
97/1998
s. 23(1),
19/2002
s. 17(2)(a)(b)
(c), 114/2003
s. 12.1.3
(Sch. 6
item 10.8(a)),
substituted by
No. 73/2008
s. 17(4).
(b) require a registered bookmaker to make
arrangements satisfactory to the Commission
for the lodgement of a bond in the
determined amount to satisfy defaults made
by the bookmaker or the bookmaker's
approved substitute.
(2) A bond under subsection (1)(a) remains in force,
after being lodged with the Commission, until
revoked by notice in writing by the Company
addressed to the Commission.
139
S. 94A(2)
amended by
Nos 8603
s. 10(b)(i)(ii),
49/1987
s. 18(b),
27/1988 s. 8,
substituted by
No. 73/1996
s. 75(3),
amended by
Nos 19/2002
s. 17(3),
73/2008
s. 17(5).
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 94A
S. 94A(2A)
inserted by
No. 73/1996
s. 75(3),
amended by
No. 19/2002
s. 17(4)(a)-(c),
substituted by
No. 73/2008
s. 17(6).
(2A) A bond under subsection (1)(a) may limit the
liability of the Company—
(a) in relation to each registered bookmaker who
is a member of a class determined by Order
under subsection (2B), to the payment, in
respect of all defaults by that registered
bookmaker in the payment of wagers (not
being defaults to which paragraph (b)
applies)—
(i) of a total amount of not less than the
determined amount in respect of that
class of registered bookmaker; or
(ii) if the registered bookmaker is a
member of more than one class, of a
total amount of not less than the highest
determined amount in respect of those
classes of registered bookmaker; and
(b) in relation to each registered bookmaker, to
the payment, in respect of all defaults by that
registered bookmaker in the payment of
wagers of a class determined by Order under
subsection (2B), of a total amount of not less
than the determined amount in respect of that
class of wager.
S. 94A(2B)
inserted by
No. 73/1996
s. 75(3),
amended by
No. 19/2002
s. 17(5),
substituted by
No. 73/2008
s. 17(7).
(2B) The Governor in Council, by Order published in
the Government Gazette, may determine for the
purposes of this section—
(a) the amount of a bond referred to in
subsection (1)(a) or (b); and
(b) classes of registered bookmaker and an
amount in respect of each class; and
(c) classes of wager and an amount in respect of
each class.
140
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 94A
(2C) If an Order is made under subsection (2B), the
Order is to be taken not to apply in respect of any
wager made before the commencement of that
Order.
(3) The revocation of a bond under subsection (1)(a)
does not affect the liability of the Company to
make any payment due under the conditions of the
bond in respect of defaults occurring in the
payment of wagers made in accordance with—
(a) section 4; or
S. 94A(2C)
inserted by
No. 19/2002
s. 17(6).
S. 94A(3)
substituted by
No. 97/1998
s. 23(2),
amended by
Nos 19/2002
s. 17(7),
73/2008
s. 17(8).
(b) a club betting permit; or
(c) section 2.5.10 of the Gambling Regulation
Act 2003—
S. 94A(3)(c)
amended by
No. 114/2003
s. 12.1.3
(Sch. 6
item 10.8(a)).
while the bond was in force.
(4) If a registered bookmaker, or his or her substitute,
has defaulted in the payment of a wager made in
accordance with—
(a) section 4; or
(b) a club betting permit; or
(c) section 2.5.10 of the Gambling Regulation
Act 2003—
the Company is not liable to satisfy the default
unless the backer who made the wager makes a
written complaint, either to the Company or to the
relevant authority.
141
S. 94A(4)
substituted by
No. 97/1998
s. 23(2),
amended by
Nos 19/2002
s. 17(8)(a)–(c),
73/2008
s. 17(9).
S. 94A(4)(c)
amended by
No. 114/2003
s. 12.1.3(Sch.
6 item 10.8(a)).
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 94A
S. 94A(5)
substituted by
No. 97/1998
s. 23(2).
(5) A complaint must be made—
S. 94A(5)(a)
amended by
Nos 19/2002
s. 17(9)(a)(b),
73/2008
s. 17(10).
(a) if the backer paid the amount to the
registered bookmaker, or his or her
substitute, at the time the wager was made,
within 60 days after the day of the race
meeting or sport in respect of which the
wager was made; or
S. 94A(5)(b)
amended by
Nos 19/2002
s. 17(9)(a)(b),
73/2008
s. 17(11).
(b) if the backer did not pay the amount to the
registered bookmaker, or his or her
substitute, at the time the wager was made,
within 21 days after the day of the race
meeting or sport in respect of which the
wager was made.
S. 94A(5A)
inserted by
No. 97/1998
s. 23(2),
amended by
Nos 19/2002
s. 17(10)(a),
73/2008
s. 17(12).
(5A) If the registration of a bookmaker has been
revoked, surrendered or suspended, the
Commission, or, at the direction of the
Commission, any person or body to whom a
complaint may be made under subsection (4) may,
for the purposes of subsection (5B), do all or any
of the following—
(a) publish notice of that revocation, surrender
or suspension; or
S. 94A(5A)(b)
amended by
Nos 19/2002
s. 17(10)(b)
(i)(ii), 73/2008
s. 17(13).
S. 94A(5B)
inserted by
No. 97/1998
s. 23(2),
amended by
Nos 19/2002
s. 17(11)(a)(b),
73/2008
s. 17(14).
(b) give a notice to any backer who has made a
wager with the registered bookmaker, or his
or her substitute, of that revocation,
surrender, or suspension.
(5B) Despite subsection (5), a backer who had placed a
wager with a registered bookmaker, or his or her
substitute, in respect of whom notice has been
given under subsection (5A), may make a
complaint if—
(a) the complaint is made within 14 days after
the publication or giving of the notice, as the
case requires; and
142
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 94A
(b) if the wager, in respect of which the
complaint is made—
(i) was made within the 21 days
immediately before the bookmaker's
registration, was revoked, surrendered
or suspended; and
(ii) is a wager in respect of which the
backer did not pay the amount to the
registered bookmaker, or his or her
substitute, at the time of the wager.
S. 94A
(5B)(b)(i)
amended by
Nos 19/2002
s. 17(11)(c),
73/2008
s. 17(15).
S. 94A
(5B)(b)(ii)
amended by
Nos 19/2002
s. 17(11)(d)
(i)(ii), 73/2008
s. 17(16).
(5C) A person or body who receives a complaint must,
by the end of the next business day after receiving
the complaint, forward the complaint to the
Commission.
S. 94A(5C)
inserted by
No. 97/1998
s. 23(2),
amended by
No. 73/2008
s. 17(17).
(5D) If the Commission receives a complaint,
forwarded under subsection (5C), about a
registered bookmaker, or his or her substitute, the
Commission may, whether or not it conducts an
investigation into the circumstances of the making
of the wager, cause a demand in writing to be
made on the Company for the Company to pay to
the Commission the amount of the default within
14 days after the date of the demand.
S. 94A(5D)
inserted by
No. 97/1998
s. 23(2),
amended by
Nos 19/2002
s. 17(12)(a)
(b)(c), 73/2008
s. 17(18).
(6) Upon receiving payment from the Company of the
amount of any such default the Commission shall
cause that amount to be paid to the backer in
satisfaction of the default.
143
S. 94A(6)
amended by
Nos 19/2002
s. 17(13),
73/2008
s. 17(19).
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 94A
S. 94A(7)
substituted by
No. 97/1998
s. 23(3),
amended by
Nos 19/2002
s. 17(14)(a)
(b)(c), 73/2008
s. 17(20).
S. 94A(7)(c)
amended by
No. 114/2003
s. 12.1.3(Sch.
6 item 10.8(a)).
(7) Where the total amount of all defaults made by a
registered bookmaker, or his or her substitute, on
wagers made in accordance with—
(a) section 4; or
(b) a club betting permit; or
(c) section 2.5.10 of the Gambling Regulation
Act 2003—
exceeds the limit of the liability of the Company
in relation to them under the bond, the
Commission must determine the proportions in
which moneys becoming available for the
satisfaction of defaults is distributed among the
backers in respect of whose wagers defaults were
made.
S. 94A(8)
amended by
Nos 19/2002
s. 17(15),
73/2008
s. 17(21).
(8) If default is made by the Company in payment to
the Commission of any amount demanded by the
Commission under subsection (5) of this section
in satisfaction of a default the bond shall be
forfeited and the amount thereof may be recovered
as a debt due to Her Majesty.
S. 94A(9)
amended by
Nos 9549
s. 2(1)(Sch.
item 188),
19/2002
s. 17(15).
(9) Any moneys recovered from the Company in
respect of a bond so forfeited shall first be paid in
satisfaction of any defaults outstanding in the
payment of wagers at the time of the recovery and
the balance shall be paid to the Consolidated
Fund.
S. 94A(10)
amended by
No. 73/2008
s. 17(22).
(10) Where the moneys recovered in respect of a
forfeited bond are not sufficient to satisfy all
defaults outstanding at the time of the recovery
thereof the Commission shall cause the moneys
recovered to be distributed rateably among the
backers in respect of whose wagers certificates
144
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 95
have been received by the Commission under
subsection (5) of this section.
(11) In this section—
relevant authority means—
(a) in the case of a wager made in
accordance with section 4(4)(a), the
holder of the licence, permit or
authorisation which allowed the racemeeting, at which the wager was made,
to be held; or
(b) in the case of a wager made in
accordance with section 4(4)(b), Racing
Victoria; or
S. 94A(11)
inserted by
No. 97/1998
s. 23(4).
S. 94A(11)
def. of
relevant
authority
amended by
Nos 35/2001
s. 6(Sch. 1
item 15),
114/2003
s. 12.1.3
(Sch. 6
item 10.8
(a)(b)), 73/2008
s. 17(23).
(c) in the case of a wager made in
accordance with a club betting permit,
the permit holder; or
(d) in the case of a wager made in
accordance with section 2.5.10 of the
Gambling Regulation Act 2003, the
person or body to whom approval was
issued under that section.
No. 6070 s. 95.
95 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) forms for the purposes of this Part (and all
such forms or forms to the like effect shall be
sufficient in law);
(b) generally any matter or thing which by this
Part is authorized or permitted to be
prescribed or which is necessary or
expedient to be prescribed for the purposes
of this Part.
145
Racing Act 1958
No. 6353 of 1958
Part IV—Registered Bookmakers and Controlling Bodies
s. 95
S. 95(2)
repealed by
No. 6886 s. 3,
new s. 95(2)
inserted by
No. 49/1987
s. 23(a).
(2) The regulations may apply, adopt or incorporate
(with or without modification) any matter
contained in any document issued or adopted by
any specified person or body as issued or adopted
at the time the regulation is made or at any time
before then.
__________________
146
Racing Act 1958
No. 6353 of 1958
Part IVA—Racing Victoria Centre Land
s. 95A
PART IVA—RACING VICTORIA CENTRE LAND
95A Application of Part
This Part has effect despite anything to the
contrary in The Victoria Racing Club Act 1871,
The Victoria Racing Club Act 1956, the Land
Act 1958, the Crown Land (Reserves) Act 1978
or any other Act, law, lease or other instrument.
Pt 4A
(Heading and
ss 95A–95F)
inserted by
No. 92/2005
s. 4.
S. 95A
inserted by
No. 92/2005
s. 4.
S. 95B
inserted by
No. 92/2005
s. 4.
95B Definition
In this Part—
Racing Victoria Centre land means Crown
Allotment 28F of Section 2, in the Parish of
Doutta Galla, County of Bourke, being an
area of 2229 hectares.
95C Surrender of Racing Victoria Centre land
(1) The chairman of the committee of the Victoria
Racing Club, by instrument, may surrender to the
Crown the Racing Victoria Centre land which is
vested in the chairman to be held on trust for the
Victoria Racing Club under The Victoria Racing
Club Act 1871 and described in Crown lease
Volume 10757 Folio 757.
(2) On the surrender of the land under
subsection (1)—
(a) Crown lease Volume 10757 Folio 757 is
revoked; and
(b) the chairman of the committee of the
Victoria Racing Club is freed and discharged
from all further duties and liabilities under
any trust in respect of that land; and
147
S. 95C
inserted by
No. 92/2005
s. 4.
Racing Act 1958
No. 6353 of 1958
Part IVA—Racing Victoria Centre Land
s. 95D
(c) the Racing Victoria Centre land is deemed to
be unalienated land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests.
S. 95D
inserted by
No. 92/2005
s. 4.
95D Crown lease
(1) On or after the surrender of the Racing Victoria
Centre land under section 95C, the Governor in
Council, on behalf of the Crown, may grant a
lease of the Racing Victoria Centre land to Racing
Victoria for the purposes of the administration of
horse racing, including—
(a) the use of that land for purposes connected
with and for the benefit of horse racing and
other sports in Victoria; and
(b) training, research and analytical testing.
(2) A lease under subsection (1) may be for an initial
term not exceeding 64 years.
(3) A lease granted under subsection (1)—
(a) may contain provision for the term of the
lease to be extended one or more times,
but—
(i) each extension of the term must not
exceed 64 years; and
(ii) the aggregate of the initial term and any
extensions of the term must not exceed
99 years; and
(b) may contain provision for a lessee to remain
in occupation of the land under the same
terms and conditions as existed under the
lease, at the discretion of the lessor, for a
period of not more than 3 months from the
expiry of the lease; and
148
Racing Act 1958
No. 6353 of 1958
Part IVA—Racing Victoria Centre Land
s. 95E
(c) is subject to any other covenants, exceptions,
reservations and conditions that are
determined by the Governor in Council.
95E Power to enter agreements to use, sub-lease or
assign interest in Racing Victoria Centre land
(1) Subject to subsection (2), on or after the granting
a Crown lease of the Racing Victoria Centre land
under section 95D, Racing Victoria may use,
sub-let or assign its interest in the Racing Victoria
Centre land or any part of that land if, in the
opinion of Racing Victoria the use, letting or
assignment—
S. 95E
inserted by
No. 92/2005
s. 4.
(a) is for a purpose consistent with the purposes
specified in section 95D; and
(b) will not prevent or hinder Racing Victoria
from carrying out its functions.
(2) Racing Victoria must obtain the written approval
of the Minister before exercising a power under
subsection (1).
(3) An agreement to use, a sub-lease or an assignment
of an interest entered into under this section—
(a) may be for a term determined by Racing
Victoria not exceeding 21 years; and
(b) is subject to any other covenants, exceptions,
reservations and conditions that are
determined by Racing Victoria.
95F Registrar of Titles to make necessary amendments
The Registrar of Titles, on being requested to do
so, must make any recordings in or amendments
to the Register under the Transfer of Land Act
1958 that are necessary because of the operation
of any provision of this Part.
__________________
149
S. 95F
inserted by
No. 92/2005
s. 4.
Racing Act 1958
No. 6353 of 1958
s. 96
Pt 5
(Heading and
ss 96–116)
repealed.18
*
*
*
*
*
S. 116G
inserted by
No. 6619
s. 4(2),
amended by
No. 8776
s. 3(2)(a),
substituted by
No. 10014
s. 6(1),
repealed by
No. 17/1996
s. 40.
*
*
*
*
*
S. 116Y
repealed.19
*
*
*
*
*
Pt 5 Divs 3–5
repealed.20
*
*
*
*
*
_______________
150
Racing Act 1958
No. 6353 of 1958
Part V—General
s. 96
PART V—GENERAL
96 Transitional provision on repeal of Part VI
Despite its repeal, Part VI, as in force immediately
before the commencement of section 16 of the
National Taxation Reform (Further
Consequential Provisions) Act 2000, continues
to apply with respect to amounts paid to the
Commissioner of State Revenue by way of stamp
duty on bookmakers' statements in respect of bets
made at race-meetings held before that
commencement.
96AA Transitional provision for change in membership of
Committee—Racing Acts (Amendment) Act 2002
The Bookmakers and Bookmakers' Clerks
Registration Committee is deemed to be the same
body despite the change to its membership made
by section 8 of the Racing Acts (Amendment)
Act 2002.
96A Transitional provision for introduction of Racing
Victoria—Racing (Racing Victoria Ltd) Act 2001
(1) In this section—
amending Act means the Racing (Racing
Victoria Ltd) Act 2001;
appointed day means the day on which sections 3
and 6 of the amending Act come into
operation;
Club means The Victoria Racing Club.
151
New Pt 5
(Heading and
s. 96)
inserted by
No. 24/2000
s. 15.
New s. 96
inserted by
No. 24/2000
s. 15.
S. 96AA
inserted by
No. 19/2002
s. 18.
S. 96A
inserted by
No. 35/2001
s. 5.
Racing Act 1958
No. 6353 of 1958
Part V—General
s. 96A
(2) On and from the appointed day—
(a) an authorisation made by the Club under
section 7 and in force immediately before the
appointed day, is deemed to continue in
force as if it had been made by Racing
Victoria;
(b) a date or time for a horse race-meeting, that
has been fixed by or under rules of the Club
and in force immediately before the
appointed day, is to be taken to be the date or
time of the horse race-meeting as if it had
been fixed by Racing Victoria;
(c) an appeal made under Part IIIB against a
decision of the Club, that has been
commenced but not completed immediately
before the appointed day, is deemed to be an
appeal against a decision of Racing Victoria;
(d) a right of appeal under Part IIIB against a
decision of the Club, that is in existence but
has not been exercised immediately before
the appointed day, is deemed to be a right of
appeal against a decision of Racing Victoria;
(e) an appeal made under Part IIIC against a
decision of the Club, that has been
commenced but not completed immediately
before the appointed day, is deemed to be an
appeal against a decision of Racing Victoria;
(f) a right of appeal under Part IIIC against a
decision of the Club, that is in existence but
has not been exercised immediately before
the appointed day, is deemed to be a right of
appeal against a decision of Racing Victoria;
(g) a club bookmaker's licence within the
meaning given by section 84 issued by the
Club in accordance with Part IV, that is in
force immediately before the appointed day,
152
Racing Act 1958
No. 6353 of 1958
Part V—General
s. 96A
is deemed to continue in force as if it had
been issued by Racing Victoria;
(h) rules made by the Committee of the Club
under section 91A and under section 91B
and in force immediately before the
appointed day, are deemed to be rules made
by Racing Victoria.
(3) On and from the appointed day—
(a) a picnic race-meeting permit issued by the
Minister under section 18, that is in force
immediately before the appointed day, is to
be taken to be not affected by any
amendment to section 18 made by the
amending Act;
(b) a point-to-point steeplechase permit issued
by the Minister under section 20, that is in
force immediately before the appointed day,
is to be taken to be not affected by any
amendment to section 20 made by the
amending Act;
(c) a racing club licence issued by the Minister
under section 24A, that is in force
immediately before the appointed day, is to
be taken to be not affected by any
amendment to section 24A made by the
amending Act;
(d) the appointment of the member of the
Bookmakers and Bookmakers' Clerks
Registration Committee under section
85(2)(b), that is in force immediately before
the appointed day, is to be taken to be not
affected by any amendment to section
85(2)(b) made by the amending Act.
153
Racing Act 1958
No. 6353 of 1958
Part V—General
s. 96B
(4) On and from the appointed day—
(a) all rights, property and assets of the Club in
relation to the fund established under
section 91C by the Club, that immediately
before the appointed day were vested in the
Club, vest in Racing Victoria;
(b) all debts, liabilities and obligations of the
Club, in relation to the fund established
under section 91C by the Club, existing
immediately before the appointed day,
become debts, liabilities and obligations of
Racing Victoria;
(c) any guidelines issued by the Club under
section 91C(5), for the purposes of the fund
established under section 91C by the Club,
and in force immediately before the
appointed day, are deemed to be guidelines
issued by Racing Victoria.
S. 96B
inserted by
No. 35/2001
s. 5.
96B Operation of Racing (Racing Victoria Ltd) Act 2001
S. 96C
inserted by
No. 19/2002
s. 19.
96C Transitional provision for change of expiry date of
certificates of registration—Racing Acts
(Amendment) Act 2002
This Act, as amended by any provision of the
Racing (Racing Victoria Ltd) Act 2001, has
effect despite any provision of the Corporations
(Victoria) Act 1990 or of the applicable
provisions (as defined in that Act) of the State.
(1) Any certificate of registration as a bookmaker
issued under Part IV and in force at the
commencement of section 9(3) of the Racing
Acts (Amendment) Act 2002 is deemed to cease
to have effect on 30 September 2004 unless the
certificate is sooner revoked by the Committee or
sooner surrendered to the Committee.
154
Racing Act 1958
No. 6353 of 1958
Part V—General
s. 96C
(2) Any certificate of registration as a bookmaker's
clerk issued under Part IV and in force at the
commencement of section 12(3) of the Racing
Acts (Amendment) Act 2002 is deemed to cease
to have effect on 30 September 2004 unless the
certificate is sooner revoked by the Committee.
_______________
155
Racing Act 1958
No. 6353 of 1958
Part VI—Transitional Provisions
s. 97
New Pt 6
(Heading and
ss 97–100)
inserted by
No. 16/2001
s. 27.
New s. 97
inserted by
No. 16/2001
s. 27.
PART VI—TRANSITIONAL PROVISIONS
97 Definition
In this Part—
amending Act means the Racing and Betting
Acts (Amendment) Act 2001.
New s. 98
inserted by
No. 16/2001
s. 27.
98 Transitional provision for changes to Harness
Racing Victoria—Racing and Betting Acts
(Amendment) Act 2001
Despite amendments made to section 39 by
sections 10 and 11 of the amending Act—
(a) the Board in the name of Harness Racing
Victoria is deemed to be the same body after
the commencement of those sections as it
was before that commencement; and
(b) any person holding office as a member of the
Board immediately before the
commencement of those amendments,
continues to hold office as a member of the
Board on and from that commencement on
the same terms and conditions as those under
which that person held that office
immediately before that commencement.
New s. 99
inserted by
No. 16/2001
s. 27.
99 Transitional provision for change to Greyhound
Racing Victoria—Racing and Betting Acts
(Amendment) Act 2001
Despite amendments made to section 69 by
section 14 of the amending Act, the Board in the
name of Greyhound Racing Victoria is deemed to
be the same body after the commencement of that
section as it was before that commencement.
156
Racing Act 1958
No. 6353 of 1958
Part VI—Transitional Provisions
s. 100
100 Transitional provision for change in registration of
greyhounds—Racing and Betting Acts
(Amendment) Act 2001
New s. 100
inserted by
No. 16/2001
s. 27.
(1) Despite the commencement of section 16 of the
amending Act, the registration of a greyhound, as
in force immediately before that commencement,
is deemed to continue in force, as if it had been
issued under this Act, as in force on and from the
commencement of section 16 of the amending
Act.
(2) Despite the commencement of section 16 of the
amending Act, any other registration, permission
or other authority required under any rules for the
registration of greyhounds as in force immediately
before the commencement of that section, is
deemed to continue in force, as if it had been
issued under this Act, as in force on and from the
commencement of section 16 of the amending
Act.
_______________
*
*
*
*
*
Pt 6
(Heading)
amended by
No. 97/1998
s. 24(1),
repealed by
No. 24/2000
s. 16.
*
*
*
*
*
Pt 6 Divs 1, 2
repealed.21
*
*
*
*
*
S. 118
repealed.22
*
*
*
*
*
S. 119
repealed.23
*
*
*
*
*
Ss 120–125
repealed.24
157
Racing Act 1958
No. 6353 of 1958
s. 126
Pt 6 Div. 3
(Heading and
ss 126, 127)
repealed.25
Pt 6 Div. 4
(Heading and
ss 128, 129)
repealed.26
*
*
*
*
*
*
*
*
*
*
__________________
158
Racing Act 1958
No. 6353 of 1958
Sch. 1
SCHEDULES
*
*
*
*
*
Schs 1–4
repealed.27
__________________
SCHEDULE 1
REQUIREMENTS FOR THE CONSTITUTION OF RACING
VICTORIA
1 Incorporation of the company
(1) The name of the company is to be Racing Victoria
Limited.
(2) The company is to be registered as a company
limited by guarantee.
2 Members
The members of the company are to be—
(a) the Victoria Racing Club;
(b) the Victoria Amateur Turf Club;
(c) the Moonee Valley Racing Club Inc;
(d) the Victorian Country Racing Council Inc.
3 Object
The object of the company is to develop, encourage
and manage the conduct of thoroughbred racing in
Victoria in a manner which—
(a) promotes Victoria as a centre of
thoroughbred racing excellence;
(b) promotes probity in conducting
thoroughbred racing;
159
New Sch. 1
inserted by
No. 35/2001
s. 7(Sch. 2).
Racing Act 1958
No. 6353 of 1958
Sch. 1
(c) promotes effectiveness and efficiency in the
management of the business performance of
the thoroughbred racing industry;
(d) promotes the provision of excellent service
to customers of the thoroughbred racing
industry;
(e) promotes the widest possible participation in
thoroughbred racing, particularly
participation by women and young persons;
(f) promotes the provision of economic benefits
to the State and to participants and
stakeholders in thoroughbred racing and to
communities in which thoroughbred racing
operates;
(g) has regard to the need to—
(i) promote Victorian country
thoroughbred racing;
(ii) encourage responsible wagering and
gaming;
(iii) promote employment within the
thoroughbred racing industry;
(h) is independent and free from improper
external commercial influence particularly in
respect of sponsorship agreements and
activities.
4 Powers and functions
The company is to have the legal capacity and
power—
(a) to exercise any power and perform any
function conferred by or under this Act on
the company certified by the Minister under
section 3A to be Racing Victoria;
160
Racing Act 1958
No. 6353 of 1958
Sch. 1
(b) to exercise any power and perform any
function conferred by any rules relating to
the proper management of thoroughbred
racing in Victoria made by the Australian
Racing Board;
(c) to receive funding from the TABCORP joint
venture as the body responsible for
managing thoroughbred racing in Victoria;
(d) to act as the representative of thoroughbred
racing, in particular in relation to—
(i) the TABCORP joint venture;
(ii) the Australian Racing Board;
(iii) Racing Analytical Services Ltd;
(e) to market Victorian thoroughbred racing;
(f) to act as the representative of Victorian
thoroughbred racing clubs.
5 Board of Directors
(1) Subject to provisions relating to casual vacancies
and additional appointments, the Board of
Directors of the company is to be comprised of the
following—
(a) 5 persons appointed by the Appointment
Panel;
(b) 1 person nominated by the Victoria Racing
Club;
(c) 1 person nominated by the Victoria Amateur
Turf Club;
(d) 1 person nominated by the Moonee Valley
Racing Club Inc;
(e) 2 persons nominated by the Victorian
Country Racing Council Inc;
161
Racing Act 1958
No. 6353 of 1958
Sch. 1
(f) the Chief Executive of the Company
appointed by the Board.
(2) The body making an appointment referred to in
subclause (1)(a) and any body making a
nomination referred to in subclause (1)(b), (c), (d)
or (e)—
(a) must ensure that the person so appointed or
nominated has knowledge of or experience
in one or more of the following areas—
(i) business, finance, marketing,
technology or administration;
(ii) the thoroughbred racing industry;
(b) must ensure that the person so appointed or
nominated has the capacity to ensure best
practice in the management of thoroughbred
racing;
(c) must have regard to the need to have a
diversity of skills and expertise on the Board.
(3) Despite subclause (4), a person who holds an
office in any racing club, either as a committee
member or employee, may be nominated and hold
office as a nominated Director until the first
annual general meeting of the members of the
company.
(4) A Director must not have any real, perceived or
potential material conflict of interest in respect of
the status or position or the performance of the
duties or responsibilities as a Director, which may
reasonably be regarded as likely to have a
significant adverse effect on either the ability of
the Director to properly perform his or her duties
or responsibilities as a Director or on the
reputation of the Board or both, whether arising
by reason of the Director or any person associated
with the Director—
162
Racing Act 1958
No. 6353 of 1958
Sch. 1
(a) holding any office or position; or
(b) holding any licence, permit or registration; or
(c) having any direct or indirect interest in any
enterprise or property; or
(d) for any other reason.
6 Chairperson and deputy chairperson
(1) The first appointment of the chairperson is to be
made by the Appointment Panel, from the
appointed Directors.
(2) The first appointment of the deputy chairperson is
to be made by the Board, from the appointed
Directors.
(3) Any other appointment of the chairperson and the
deputy chairperson, is to be made by the Board
from the appointed Directors.
7 Terms of appointment
(1) Subject to subclauses (2) and (3), Directors are to
retire at the end of the third annual general
meeting of the members of the company next
following their appointment, but are to be eligible
to be reappointed in accordance with the
constitution.
(2) The persons first appointed to the positions of
appointed and nominated Directors are to continue
in office until the end of the annual general
meeting of the members in 2004, subject to any
casual vacancies.
(3) In the case of the appointments to positions of
appointed and nominated Directors which
immediately follow the first appointments, the
following principles are to apply—
163
Racing Act 1958
No. 6353 of 1958
Sch. 1
(a) the chairperson, deputy chairperson and 2 of
the nominated Directors are to retire at the
end of the annual general meeting of
members in 2007;
(b) 2 appointed Directors and 1 nominated
Director are to retire at the end of the annual
general meeting of members in 2006;
(c) 1 appointed Director and 2 nominated
Directors are to retire at the end of the annual
general meeting of members in 2005.
(4) An appointed or nominated Director is not to hold
office for more than 4 terms.
8 Casual vacancies
(1) If the office of an appointed Director becomes
vacant, otherwise than by the retirement of the
Director at the end of his or her term of
appointment, the vacancy may be filled by a
person appointed to fill that vacancy by the
remaining appointed Directors.
(2) If the office of a nominated Director becomes
vacant, otherwise than by the retirement of the
Director at the end of his or her term of office, the
vacancy may be filled by a person nominated to
fill that vacancy by the relevant body referred to
in clause 5(1).
(3) A person appointed to fill a vacancy referred to in
subclause (1) or (2) holds office for the remainder
of the term of the original Director.
9 Quorum
A quorum of the Board is to be 6 Directors.
164
Racing Act 1958
No. 6353 of 1958
Sch. 1
10 Voting
In the case of an equality of votes at any meeting
of the Board, the person presiding at the meeting
has a casting vote in addition to his or her
deliberative vote.
11 Remuneration
(1) The first determination of remuneration for
Directors is to be made by the Appointment Panel.
(2) Subsequent determinations of remuneration for
Directors are to be made by the company in
general meeting
(3) In making a determination of remuneration, the
person making the determination must—
(a) have regard to the rates of remuneration
generally paid to Directors of other bodies
with similar operations to those of the
company; and
(b) obtain advice from persons or bodies
qualified to give advice on remuneration.
(4) The remuneration of the Chief Executive is to be
determined by the Board.
12 Consultation
(1) The Board must establish proper procedures for
consulting with the following bodies—
(a) the Australian Jumping Racing Association;
(b) the Australian Services Union (Victorian
Branch);
(c) the Australian Trainers Association
(Victorian Branch);
(d) the Australian Workers Union (Victorian
Branch);
(e) the Media and Entertainment Arts Alliance;
165
Racing Act 1958
No. 6353 of 1958
Sch. 1
(f) Thoroughbred Breeders Victoria;
(g) the Thoroughbred Racehorse Owners
Association;
(h) the Victorian Bookmakers Association;
(i) the Victorian Jockeys Association;
(j) any other persons or bodies that are entitled
to participate in the making of the
nomination referred to in clause 13(1)(e)
or (2)(e).
(2) The annual general meeting of the Board must be
open to the public.
13 Appointment Panel
(1) The first Appointment Panel is to consist of—
(a) 1 person who is a joint nominee of the
Victoria Racing Club, the Victoria Amateur
Turf Club and the Moonee Valley Racing
Club Inc;
(b) 1 person who is a joint nominee of the
Victoria Racing Club, the Victoria Amateur
Turf Club, the Moonee Valley Racing Club
Inc and the Victorian Country Racing
Council Inc;
(c) 1 person who is a nominee of the Victorian
Country Racing Council Inc;
(d) 1 person who is a nominee of the Minister;
(e) 1 person who is a joint nominee of—
(i) the Australian Jumping Racing
Association;
(ii) the Australian Services Union
(Victorian Branch);
(iii) the Australian Trainers Association
(Victorian Branch);
166
Racing Act 1958
No. 6353 of 1958
Sch. 1
(iv) the Australian Workers Union
(Victorian Branch);
(v) the Media and Entertainment Arts
Alliance;
(vi) Thoroughbred Breeders Victoria;
(vii) the Thoroughbred Racehorse Owners
Association;
(viii) the Victorian Bookmakers Association
Ltd;
(ix) the Victorian Jockeys Association;
(x) any other persons or bodies on whom
the Appointment Panel agrees.
(2) Subject to subclauses (3) and (4), the membership
of the Appointment Panel (after the first
Appointment Panel) is to consist of—
(a) 1 person who is a joint nominee of the
Victoria Racing Club, the Victoria Amateur
Turf Club and the Moonee Valley Racing
Club Inc;
(b) 1 person who is a nominee of the Victorian
Country Racing Council Inc;
(c) 1 person who is a joint nominee of the
Victoria Racing Club, the Victoria Amateur
Turf Club, the Moonee Valley Racing Club
Inc and the Victorian Country Racing
Council Inc;
(d) 1 person who is a nominee of the Minister;
(e) 1 person who is a joint nominee of—
(i) the Australian Jumping Racing
Association;
(ii) the Australian Services Union
(Victorian Branch);
167
Racing Act 1958
No. 6353 of 1958
Sch. 1
(iii) the Australian Trainers Association
(Victorian Branch);
(iv) the Australian Workers Union
(Victorian Branch);
(v) the Media and Entertainment Arts
Alliance;
(vi) Thoroughbred Breeders Victoria;
(vii) the Thoroughbred Racehorse Owners
Association;
(viii) The Victorian Bookmakers Association
Ltd;
(ix) the Victorian Jockeys Association;
(x) any other persons or bodies on whom
the Panel agrees;
(f) the chairperson of the Board, when the
Appointment Panel is not considering the
re-appointment of the Director occupying the
position of chairperson;
(g) the deputy chairperson of the Board, when
the Appointment Panel is not considering the
re-appointment of the Director occupying the
position of deputy chairperson.
(3) When the Appointment Panel is considering the
re-appointment of the Director occupying the
position of chairperson—
(a) the Director occupying that position must not
be a member of the Appointment Panel; and
(b) the appointed Directors (other than the
Director occupying the position of
chairperson) may nominate one of their
number to be a member of the Appointment
Panel for the purposes of considering that
re-appointment.
168
Racing Act 1958
No. 6353 of 1958
Sch. 1
(4) When the Appointment Panel is considering the
re-appointment of the Director occupying the
position of deputy chairperson—
(a) the Director occupying that position must not
be a member of the Appointment Panel; and
(b) the appointed Directors (other than the
Director occupying the position of deputy
chairperson) may nominate one of their
number to be a member of the Appointment
Panel for the purposes of considering that
re-appointment.
14 Chairperson of Appointment Panel
(1) Subject to subclause (2), the chairperson of the
Board is to be the chairperson of the Appointment
Panel except when the Appointment Panel is
considering the re-appointment of the Director
occupying the position of chairperson or the
re-appointment of the chairperson.
(2) When the Appointment Panel is considering the
re-appointment of the Director occupying the
position of chairperson or the re-appointment of
the chairperson, the deputy chairperson must act
as the chairperson of the Panel.
15 Voting on decisions
(1) In the case of any vote by the Appointment Panel
(as constituted under clause 13(1)), the vote must
be decided on the basis of not less than 4 votes
to 1.
(2) In the case of any vote by the Appointment Panel
(as constituted under clause 13(2)), the vote must
be decided on the basis of not less than 5 votes
to 2.
169
Racing Act 1958
No. 6353 of 1958
Sch. 1
16 Process for determining representative nominee
For the purposes of determining the nominee
referred to in clause 13(2)(e), if the bodies who
are entitled to determine the nominee are unable
to reach agreement on the nominee by a majority
of not less than two-thirds within 45 days after
being invited to submit the nomination, the
Appointment Panel (constituted without that
member) may appoint a person that that Panel
considers has a good understanding of the views
of those bodies.
17 Alteration etc. of the constitution
The constitution of the company must not be
modified or repealed unless the requirements
imposed on the company and the Minister under
section 3B have been complied with and no
resolution to disapprove the modification or repeal
has been passed by a House of Parliament.
18 Definitions
In this Schedule—
appointed Director means a Director occupying a
position referred to in clause 5(1)(a) of this
Schedule;
nominated Director means a Director occupying a
position referred to in clause 5(1)(b), (c), (d)
or (e) of this Schedule.
__________________
170
Racing Act 1958
No. 6353 of 1958
Sch. 2
New Sch. 2
inserted by
No. 55/2005
s. 5.
SCHEDULE 2
SPECIFIED RACE-COURSES
Item 1—Beckley Park
Situation of land
Parish of
Moranghurk
County of
Grant being
Crown
Allotment 79E
Instrument and
date of
reservation
Order in
Council dated
7 February
1984
Description of land
by reference to
Government
Gazette
Government
Gazette dated
8 February 1984,
page 400, less
authorised
excisions
Purpose of
reservation
Racecourse and
Recreation,
temporary
Item 2—Caulfield Racecourse
Crown Grant or Certificate
of Title details
Situation of land
Parish of Prahran at Caulfield, County of
Bourke, being Crown Allotment A, subject
to two reservations
Volume 7275 Folio 814
Item 3—Cranbourne Racecourse
Situation of land
Township of
Cranbourne,
Parish of
Cranbourne,
County of
Mornington,
being Crown
Allotment 21H
Instrument and
date of
reservation
Order in
Council dated
20 August
1888
Description of land
by reference to
Government
Gazette
Purpose of
reservation
Government
Gazettes dated
13 July 1888,
page 2304 and
24 August 1888,
page 2658
Site for
Racecourse and
other purposes of
Public
Recreation,
permanent
171
Racing Act 1958
No. 6353 of 1958
Sch. 2
Situation of land
Parish of
Cranbourne,
County of
Mornington
being Crown
Allotment 17G,
formerly Lot 1
on Plan of
Subdivision
No. 210254M
Instrument and
date of
reservation
Description of land
by reference to
Government
Gazette
Purpose of
reservation
Order in
Council dated
10 August
1999
Government
Gazette dated
12 August 1999,
page 1885
Racecourse and
Public
Recreation,
temporary
Item 4—Flemington Racecourse
Situation of land
Certificate of Title details
Parish of Doutta Galla, County of Bourke,
being Crown Allotment 28E Section 2,
shown as Lot 1 on Title Plan 843408B
Crown Lease: Volume
1205 Folio 019
Parish of Doutta Galla, County of Bourke,
being Crown Allotment 28F section 2
Crown Lease: Volume
10757 Folio 757
Parish of Doutta Galla, County of Bourke,
being Lot 1 on Title Plan 633379A,
(formerly known as part of Crown
Allotment 29)
Volume 1428 Folio 407
Item 5—Geelong Racecourse
Situation of land
City of
Geelong,
Parish of
Corio, County
of Grant, being
Crown
Allotment 14
of Section 6A
Instrument and
date of
reservation
Order in
Council dated
30 July 1963
Description of land
by reference to
Government
Gazette
Purpose of
reservation
Government
Gazette dated
7 August 1963,
page 2436
Site for Public
Racecourse and
Recreation,
temporary
172
Racing Act 1958
No. 6353 of 1958
Sch. 2
Situation of land
City of
Geelong,
Parish of
Corio, County
of Grant, being
Crown
Allotment 13
of Section 6A
Instrument and
date of
reservation
Order in
Council dated
30 July 1963
Description of land
by reference to
Government
Gazette
Government
Gazette dated
7 August 1963,
page 2436
Purpose of
reservation
Site for Public
purposes (Car
Park), temporary
Item 6—Kilmore Racing Complex
Situation of
Land
Instrument
and date of
reservation
Description of
land by
reference to
Government
Gazette
Crown Grant
or Certificate
of Title
details
Parish of
Glenburnie,
County of
Dalhousie,
being
Crown
Allotment
13M1
Order in
Council
dated
8 August
1887
Government
Gazettes dated
8 July 1887,
page 2011 and
12 August
1887,
page 2408
Parish of
Glenburnie,
County of
Dalhousie,
being
Crown
Allotment
13M2
Order in
Council
dated
14 August
1973
Government
Gazette dated
22 August
1973,
pages 3015
and 3016
Site for
Public Park
and
Gardens,
temporary
Parish of
Glenburnie,
County of
Dalhousie
being
Crown
Allotment
13M3
Order in
Council
dated
14 August
1973
Government
Gazette dated
22 August
1973, page
3015
Site for
Racecourse
and other
purposes
of Public
Recreation,
temporary
173
Volume
1989 Folio
650
Purpose of
reservation
Site for a
Racecourse
and other
purposes of
Public
Recreation,
permanent
Racing Act 1958
No. 6353 of 1958
Sch. 2
Situation of
Land
Parish of
Glenburnie,
County of
Dalhousie,
being
Crown
Allotment
13M4
Instrument
and date of
reservation
Description of
land by
reference to
Government
Gazette
Order in
Council
dated
14 August
1973
Government
Gazette dated
22 August
1973, pages
3015 and 3016
Crown Grant
or Certificate
of Title
details
Purpose of
reservation
Site for
Public Park
and
Gardens,
temporary
Item 7—Moonee Valley Racecourse
Crown Grant or Certificate of
Title details
Situation of land
Parish of Doutta Galla, County of Bourke,
being Lots 1 to 45 inclusive on Title Plan
856995J, formerly known as part of Crown
Allotment 4 Section 5, being Lots 81, 82, 83,
84, 85, 86, 87, 88, 89, 90, 158, 159, 160,
161, 192, 193, 194, 195, 196, 197, 198, 199,
200, 201, 202 and parts of lots 80, 100, 162,
163, 164, 165, 166, 167 and parts of roads
and reserve on Plan of Subdivision 2241
Volume 9681 Folio 756
Parish of Doutta Galla, County of Bourke,
being Lot 1 on Title Plan 107267A, formerly
known as part of Crown Allotment 5
Section 5
Volume 9681 Folio 753
Parish of Doutta Galla, County of Bourke,
being Lot 1 on Title Plan 107266C, formerly
known as part of Crown Allotment 4
Section 5
Volume 9681 Folio 752
Parish of Doutta Galla, County of Bourke,
being Lot 1 on Title Plan 107269V, formerly
known as part of Crown Allotment 4
Section 5
Volume 9681 Folio 755
Parish of Doutta Galla, County of Bourke,
being Lots 1 and 2 on Title Plan 107268X,
formerly known as part of Crown
Allotment 5 and 6 Section 5
Volume 9681 Folio 754
174
Racing Act 1958
No. 6353 of 1958
Sch. 2
Item 8—Mornington Racecourse
Situation of Land
Parish of
Moorooduc,
County of
Mornington,
being Crown
Allotment B1
Description of land
by reference to
Government
Gazette
Instrument and
date of
reservation
Order in
Council dated
14 May 1974
Government
Gazette dated
22 May 1974,
pages 1740 and
1741, less
authorised
excision
Purpose of
reservation
Site for
Racecourse and
Recreation,
temporary
Item 9—Pakenham Racecourse
Crown Grant or Certificate of
Title details
Situation of land
Parish of Nar-nar-goon, County of
Mornington, being Lots 1, 2, 3, 4, 5, 6, 7, 8,
9 and 10 on Title Plan 121556M, formerly
known as Lots 31, 32, 33, 35, 36, 37, 38, 39,
40 and 41 on Plan of Subdivision 1337
Volume 10244 Folio 195
Parish of Nar-nar-goon, County of
Mornington, being Lot 1 Title Plan
649221B, formerly known as part of Crown
Portion 42
Volume 9897 Folio 958
Parish of Nar-nar-goon, County of
Mornington, being Lot 3 on Plan of
Subdivision 210772N
Volume 9884 Folio 194
Parish of Nar-nar-goon, County of
Mornington, being Crown Allotment 42A,
freehold
Volume 10115 Folio 011
Parish of Nar-nar-goon, County of
Mornington, being land in Plan of
Consolidation 100914
Volume 8944 Folio 332
175
Racing Act 1958
No. 6353 of 1958
Sch. 2
Item 10—Sandown Park
Crown Grant or Certificate of
Title details
Situation of land
Parish of Dandenong, County of Bourke,
being Lot 1 on Title Plan 817734K, being
the Land remaining untransferred in Volume
8795 Folio 787
Volume 8795 Folio 787
Item 11—Sandown Racecourse
Crown Grant or Certificate of
Title details
Situation of land
Parish of Dandenong, County of Bourke,
being Lot 1 on Title Plan 710223H, formerly
known as part of Lot 2 on Plan of
Subdivision 48537
Volume 8349 Folio 488
Item 12—The Meadows Racecourse
Crown Grant or Certificate of
Title details
Situation of land
Parish of Will-will-rook, County of Bourke,
being Lot 4 on Plan of Subdivision 348064G
Volume 10389 Folio 017
Item 13—Werribee Racecourse
Situation of land
Township of
Werribee,
(formerly known
as Township
Reserve of
Wyndham),
Parish of
Mambourin,
County of Grant,
being Crown
Allotment 25D
Section 17
Instrument
and date of
reservation
Description of land
by reference to
Government
Gazette
Purpose of
reservation
Order in
Council
dated
22 April
1861
Government
Gazette dated
3 May 1861,
pages 875
and 876
Racecourse and
purposes of
General
Recreation,
temporary
176
Racing Act 1958
No. 6353 of 1958
Sch. 2
Item 14—Yarra Valley Racecourse
Situation of land
Instrument and
date of
reservation
Description of land
by reference to
Government
Gazette
Purpose of
reservation
Government
Gazette dated
11 September
1974 pages 3371
and 3372
Site for Public
purposes
(Racecourse and
Recreation),
temporary
Parish of
Tarrawarra,
County of
Evelyn, being
Crown
Allotment 23B
Section B
Parish of
Tarrawarra,
County of
Evelyn, being
Crown
Allotment 23C
Section B
(shown in
gazettal as
Allotment 23A
Section B
Parish of
Tarrawarra)
Order in
Council dated
5 September
1974
═══════════════
177
Racing Act 1958
No. 6353 of 1958
Endnotes
ENDNOTES
1. General Information
The Racing Act 1958 was assented to on 30 September 1958 and came into
operation on 1 April 1959: Government Gazette 18 March 1959 page 893.
178
Racing Act 1958
No. 6353 of 1958
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Racing Act 1958 by
Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Racing (Amendment) Act 1958, No. 6462/1958 (as amended by No. 6489)
Assent Date:
9.12.58
Commencement Date:
9.12.58
Current State:
All of Act in operation
Racing (Meetings) Act 1959, No. 6574/1959
Assent Date:
1.12.59
Commencement Date:
1.12.59
Current State:
All of Act in operation
Anzac Day Act 1960, No. 6607/1960 (as amended by No. 9549)
Assent Date:
7.4.60
Commencement Date:
7.4.60
Current State:
All of Act in operation
Racing (Totalizators Extension) Act 1960, No. 6619/1960
Assent Date:
1.6.60
Commencement Date:
S. 3(1)(b)(2) on 1.6.60: s. 1(3); rest of Act on
20.7.60: Government Gazette 20.7.60 p. 2508
Current State:
All of Act in operation
Racing (Dog Races) Act 1960, No. 6638/1960
Assent Date:
7.6.60
Commencement Date:
1.8.60: Government Gazette 29.6.60 p. 2149
Current State:
All of Act in operation
Racing (Trotting Races) Act 1960, No. 6678/1960
Assent Date:
29.11.60
Commencement Date:
29.11.60
Current State:
All of Act in operation
Racing (Bookmakers' Course Agents) Act 1961, No. 6790/1961
Assent Date:
31.10.61
Commencement Date:
5.3.62: Government Gazette 25.2.62 p. 570
Current State:
All of Act in operation
Racing (Off-Course Doubles Totalizators) Act 1961, No. 6836/1961
Assent Date:
12.12.61
Commencement Date:
Ss 4, 10 on 20.12.61; s. 5 on 26.12.61: Government
Gazette 20.12.61 p. 4336; rest of Act on 18.4.62:
Government Gazette 18.4.62 p. 1400
Current State:
All of Act in operation
Racing (Anzac Day) Act 1962, No. 6851/1962
Assent Date:
3.4.62
Commencement Date:
3.4.62
Current State:
All of Act in operation
179
Racing Act 1958
No. 6353 of 1958
Endnotes
Statute Law Revision Act 1962, No. 6867/1962
Assent Date:
16.4.62
Commencement Date:
16.4.62: subject to ss 3, 4
Current State:
All of Act in operation
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date:
8.5.62
Commencement Date:
1.8.62: Government Gazette 4.7.62 p. 2314
Current State:
All of Act in operation
Racing (Dog Racing Control Board) Act 1962, No. 6954/1962
Assent Date:
11.12.62
Commencement Date:
11.12.62
Current State:
All of Act in operation
Racing (Amendment) Act 1962, No. 6962/1962
Assent Date:
18.12.62
Commencement Date:
18.12.62
Current State:
All of Act in operation
Racing (Totalizator Percentages) Act 1963, No. 6981/1963
Assent Date:
30.4.63
Commencement Date:
1.4.63: s. 1(3)
Current State:
All of Act in operation
Racing (Trotting Control) Act 1963, No. 7000/1963
Assent Date:
21.5.63
Commencement Date:
1.8.63: Government Gazette 19.6.63 p. 1847
Current State:
All of Act in operation
Victorian Amateur Turf Club (Incorporating the Melbourne Racing Club)
Act 1963, No. 7015/1963
Assent Date:
28.5.63
Commencement Date:
S. 12 on 1.8.63: s. 12(2); rest of Act on 28.5.63
Current State:
All of Act in operation
Racing (Totalizators) Act 1963, No. 7082/1963
Assent Date:
10.12.63
Commencement Date:
Ss 1–3, 5–7, 9–14 on 18.12.63: Government
Gazette 18.12.63 p. 3657; ss 4, 8 on 15.1.64:
Government Gazette 15.1.64 p. 82; s. 15 on
25.3.64: Government Gazette 25.3.64 p. 641
Current State:
All of Act in operation
Racing (Interstate Totalizators) Act 1964, No. 7138/1964
Assent Date:
5.5.64
Commencement Date:
5.5.64
Current State:
All of Act in operation
Racing (Amendment) Act 1964, No. 7230/1964
Assent Date:
22.12.64
Commencement Date:
22.12.64
Current State:
All of Act in operation
180
Racing Act 1958
No. 6353 of 1958
Endnotes
Racing (Totalizator Percentages) Act 1965, No. 7301/1965
Assent Date:
26.10.65
Commencement Date:
26.10.65
Current State:
All of Act in operation
Racing (Dog Racing) Act 1965, No. 7351/1965
Assent Date:
14.12.65
Commencement Date:
1.3.66: Government Gazette 16.2.66 p. 599
Current State:
All of Act in operation
Racing (Amendment) Act 1966, No. 7404/1966
Assent Date:
17.5.66
Commencement Date:
17.5.66
Current State:
All of Act in operation
Racing (Totalizator Percentages) Act 1966, No. 7442/1966
Assent Date:
25.10.66
Commencement Date:
25.10.66
Current State:
All of Act in operation
Racing Act 1967, No. 7621/1967
Assent Date:
12.12.67
Commencement Date:
S. 4(1) on 1.3.66: s. 4(2); rest of Act on 12.12.67
Current State:
All of Act in operation
Racing (Amendment) Act 1968, No. 7684/1968
Assent Date:
7.5.68
Commencement Date:
1.7.68: Government Gazette 29.5.68 p. 1968
Current State:
All of Act in operation
Racing (Trotting Meetings) Act 1968, No. 7691/1968
Assent Date:
7.5.68
Commencement Date:
7.5.68
Current State:
All of Act in operation
Racing (Amendment) Act 1969, No. 7828/1969
Assent Date:
13.5.69
Commencement Date:
Ss 1–8, 10, 11 on 21.5.69: Government Gazette
21.5.69 p. 1505; s. 9 on 1.8.69: Government
Gazette 16.7.69 p. 2213
Current State:
All of Act in operation
Racing (Trotting Racing) Act 1969, No. 7899/1969
Assent Date:
9.12.69
Commencement Date:
1.1.70: Government Gazette 19.12.69 p. 4136
Current State:
All of Act in operation
Racing (Amendment) Act 1970, No. 8080/1970
Assent Date:
22.12.70
Commencement Date:
All of Act (except ss 5, 13(g)) on 27.1.71:
Government Gazette 27.1.71 p. 200; s. 5 on
19.4.71; s. 13(g) on 2.8.71: Government Gazette
16.4.71 pp. 887, 889
Current State:
All of Act in operation
181
Racing Act 1958
No. 6353 of 1958
Endnotes
Statute Law Revision Act 1971, No. 8181/1971
Assent Date:
23.11.71
Commencement Date:
23.11.71: subject to s. 2(2)
Current State:
All of Act in operation
Racing (Amendment) Act 1971, No. 8209/1971
Assent Date:
14.12.71
Commencement Date:
Ss 1–4, 6, 7, 9, 12, 13, 16, 17, 18, 21 on 15.12.71:
Government Gazette 15.12.71 p. 3845; rest of Act
on 1.1.72: Government Gazette 22.12.71 p. 3907
Current State:
All of Act in operation
Racing (Totalizator Commissions) Act 1972, No. 8269/1972
Assent Date:
9.5.72
Commencement Date:
5.6.72: Government Gazette 24.5.72 p. 1677
Current State:
All of Act in operation
Sport and Recreation Act 1972, No. 8344/1972
Assent Date:
12.12.72
Commencement Date:
19.12.72: Government Gazette 13.12.72 p. 3978
Current State:
All of Act in operation
Racing (Amendment) Act 1973, No. 8450/1973
Assent Date:
30.10.73
Commencement Date:
31.10.73: Government Gazette 31.10.73 p. 3598
Current State:
All of Act in operation
Racing (Further Amendment) Act 1973, No. 8503/1973
Assent Date:
11.12.73
Commencement Date:
11.12.73
Current State:
All of Act in operation
Racing (Amendment) Act 1974, No. 8566/1974
Assent Date:
14.5.74
Commencement Date:
22.5.74: Government Gazette 22.5.74 p. 1712
Current State:
All of Act in operation
Racing (Further Amendment) Act 1974, No. 8603/1974
Assent Date:
26.11.74
Commencement Date:
4.12.74: Government Gazette 4.12.74 p. 4154
Current State:
All of Act in operation
Racing Act 1975, No. 8690/1975
Assent Date:
2.5.75
Commencement Date:
1.8.75: Government Gazette 30.7.75 p. 2708
Current State:
All of Act in operation
Racing (Totalizator Commissions) Act 1975, No. 8739/1975
Assent Date:
29.10.75
Commencement Date:
1.11.75: Government Gazette 30.10.75 p. 3715
Current State:
All of Act in operation
Racing (Mid-week Racing) Act 1975, No. 8776/1975
Assent Date:
25.11.75
Commencement Date:
25.11.75
Current State:
All of Act in operation
182
Racing Act 1958
No. 6353 of 1958
Endnotes
Racing (Amendment) Act 1976, No. 8885/1976
Assent Date:
19.10.76
Commencement Date:
19.10.76
Current State:
All of Act in operation
Racing (Tabella Totalizators) Act 1977, No. 8975/1977
Assent Date:
27.4.77
Commencement Date:
28.4.77: Government Gazette 27.4.77 p. 1062
Current State:
All of Act in operation
Racing (Amendment) Act 1977, No. 8989/1977
Assent Date:
10.5.77
Commencement Date:
10.5.77
Current State:
All of Act in operation
Racing (Fees) Act 1977, No. 9038/1977
Assent Date:
22.11.77
Commencement Date:
22.11.77
Current State:
All of Act in operation
Racing (Mixed Sports Gatherings) Act 1977, No. 9050/1977
Assent Date:
22.11.77
Commencement Date:
22.11.77
Current State:
All of Act in operation
Age of Majority Act 1978, No. 9075/1978
Assent Date:
6.12.77
Commencement Date:
1.2.78: Government Gazette 11.1.78 p. 97
Current State:
All of Act in operation
Racing (Amendment) Act 1978, No. 9146/1978
Assent Date:
30.5.78
Commencement Date:
8.6.78: Government Gazette 8.6.78 p. 1641
Current State:
All of Act in operation
Racing (Amendment) Act 1978, No. 9201/1978 (as amended by No. 9427)
Assent Date:
5.12.78
Commencement Date:
All of Act (except ss 3, 16–18) on 1.8.78: s. 23;
ss 3, 16–18 on 5.12.78: s. 1(3)
Current State:
All of Act in operation
Crown Land (Reserves) Act 1978, No. 9212/1978
Assent Date:
19.12.78
Commencement Date:
1.3.79: Government Gazette 21.2.79 p. 441
Current State:
All of Act in operation
Racing (Restricted Trotting Meetings) Act 1979, No. 9269/1979
Assent Date:
10.7.79
Commencement Date:
10.7.79
Current State:
All of Act in operation
Racing (Financial Provisions) Act 1979, No. 9319/1979
Assent Date:
18.12.79
Commencement Date:
18.12.79
Current State:
All of Act in operation
183
Racing Act 1958
No. 6353 of 1958
Endnotes
Racing (Amendment) Act 1980, No. 9388/1980 (as amended by No. 9549)
Assent Date:
13.5.80
Commencement Date:
5.6.80: Government Gazette 5.6.80 p. 1833—see
Acts Interpretation Act 1958
Current State:
All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980
Assent Date:
27.5.80
Commencement Date:
27.5.80 but see s. 6(2)
Current State:
All of Act in operation
Racing (Further Amendment) Act 1980, No. 9473/1980 (as amended by No. 9549)
Assent Date:
23.12.80
Commencement Date:
25.3.81: Government Gazette 25.3.81 p. 935
Current State:
All of Act in operation
Statute Law Revision Act 1981, No. 9549/1981
Assent Date:
19.5.81
Commencement Date:
19.5.81: subject to s. 2(2)
Current State:
All of Act in operation
Racing (Amendment) Act 1981, No. 9671/1981 (as amended by No. 9902)
Assent Date:
22.12.81
Commencement Date:
Ss 2, 4, 6, 18, 20, 22(e) on 6.1.82: Government
Gazette 6.1.82 p. 5; s. 24(c) on 27.1.82:
Government Gazette 27.1.82 p. 264; ss 1, 8–11,
15–17 on 17.2.82: Government Gazette 17.2.82
p. 511; ss 22, 23, 24(a)(b)(d), 25–33 on 3.3.82:
Government Gazette 3.3.82 p. 604; ss 3, 5, 7,
12–14, 19, 21 on 2.8.82: Government Gazette
31.3.82 p. 885
Current State:
All of Act in operation
Racing (Payment of Dividends) Act 1982, No. 9738/1982
Assent Date:
29.6.82
Commencement Date:
29.6.82
Current State:
All of Act in operation
Public Account (Trust Funds) Act 1982, No. 9861/1982
Assent Date:
5.1.83
Commencement Date:
12.1.83: Government Gazette 12.1.83 p. 81
Current State:
All of Act in operation
Statute Law Revision Act 1983, No. 9902/1983
Assent Date:
15.6.83
Commencement Date:
15.6.83: subject to s. 2(2)
Current State:
All of Act in operation
Racing (Amendment) Act 1983, No. 9924/1983 (as amended by Nos 10087, 10133)
Assent Date:
23.6.83
Commencement Date:
Ss 1, 4–10, 11(1), 12–15 on 5.7.83: Government
Gazette 5.7.83 p. 1999; ss 2, 3 on 3.1.84:
Government Gazette 26.10.83 p. 3468; ss 11(2), 16
on 18.9.84: Government Gazette 18.9.84 p. 3217
Current State:
All of Act in operation
184
Racing Act 1958
No. 6353 of 1958
Endnotes
Racing (Further Amendment) Act 1983, No. 10014/1983
Assent Date:
13.12.83
Commencement Date:
Ss 1–6 on 14.3.84: Government Gazette 14.3.84
p. 844; s. 7 on 1.6.84: Government Gazette 30.5.84
p. 1673
Current State:
All of Act in operation
Statute Law Revision Act 1984, No. 10087/1984
Assent Date:
22.5.84
Commencement Date:
22.5.84: subject to s. 3(2)
Current State:
All of Act in operation
Racing (Amendment) Act 1985, No. 10184/1985
Assent Date:
12.6.85
Commencement Date:
26.6.85: Government Gazette 26.6.85 p. 2400
Current State:
All of Act in operation
Racing (Fixed Percentage Distribution) Act 1985, No. 10193/1985
Assent Date:
1.10.85
Commencement Date:
1.5.86: Government Gazette 16.4.86 p. 898
Current State:
All of Act in operation
Lotteries Gaming and Betting (Amendment) Act 1986, No. 19/1986
Assent Date:
22.4.86
Commencement Date:
S. 16 on 14.5.86: Government Gazette 14.5.86
p. 1373
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Racing (Amendment) Act 1986, No. 28/1986
Assent Date:
20.5.86
Commencement Date:
Ss 1–7, 9, 10 on 18.6.86; ss 8, 11–13 on 1.8.86:
Government Gazette 18.6.86 p. 2067
Current State:
All of Act in operation
Racing (Sunday Racing and Betting) Act 1986, No. 66/1986
Assent Date:
23.9.86
Commencement Date:
23.9.86
Current State:
All of Act in operation
Racing (Miscellaneous Amendments) Act 1986, No. 125/1986 (as amended by
Nos 49/1987, 41/1989)
Assent Date:
23.12.86
Commencement Date:
Ss 1–5, 9–12, 14 on 31.1.87: Government Gazette
21.1.87 p. 126; ss 6, 13(a)–(u), (w)–(z) on 17.5.87:
Government Gazette 13.5.87 p. 1087; ss 7, 8 on
1.8.87: Government Gazette 15.7.87 p. 1860;
s. 13(v) on 4.11.87: Government Gazette 4.11.87
p. 2944
Current State:
All of Act in operation
Racing (Amendment) Act 1987, No. 5/1987
Assent Date:
31.3.87
Commencement Date:
31.3.87
Current State:
All of Act in operation
185
Racing Act 1958
No. 6353 of 1958
Endnotes
Racing (Further Amendment) Act 1987, No. 49/1987
Assent Date:
22.9.87
Commencement Date:
23.9.87: Government Gazette 23.9.87 p. 2520
Current State:
All of Act in operation
Racing (Miscellaneous Amendments) Act 1987, No. 92/1987
Assent Date:
1.12.87
Commencement Date:
16.12.87: Government Gazette 16.12.87 p. 3459
Current State:
All of Act in operation
Liquor Control Act 1987, No. 97/1987
Assent Date:
1.12.87
Commencement Date:
Ss 8, 10–14, 35–38 on 26.4.88: Government
Gazette 30.3.88 p. 753; rest of Act (except
ss 176(3), 177) on 3.5.88: Government Gazette
27.4.88 p. 1044; s. 176(3) repealed by
No. 122/1993 s. 26(m); s. 177 repealed by
No. 70/1988 s. 6(f)
Current State:
All of Act in operation
Racing (Amendment) Act 1988, No. 27/1988
Assent Date:
17.5.88
Commencement Date:
S. 8 on 23.9.87: s. 2(2); rest of Act on 17.5.88:
s. 2(1)
Current State:
All of Act in operation
Health Services Act 1988, No. 49/1988
Assent Date:
24.5.88
Commencement Date:
S. 182 on 14.5.89: Government Gazette 3.5.89
p. 998
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Stamps (Further Amendment) Act 1988, No. 65/1988
Assent Date:
9.12.88
Commencement Date:
S. 21(3)–(5) on 1.7.87: s. 2(1); s. 24(2) on 1.11.87:
s. 2(2); ss 11(1), 21(2), 24(1) on 12.11.87: s. 2(3);
ss 9, 20, 22 on 1.12.88: s. 2(4); ss 11(5), 12, 19 on
1.1.89: s. 2(5); rest of Act on 9.12.88: s. 2(6)
Current State:
All of Act in operation
Racing (Further Amendment) Act 1988, No. 73/1988
Assent Date:
15.12.88
Commencement Date:
21.12.88: Government Gazette 21.12.88 p. 3797
Current State:
All of Act in operation
Borrowing and Investment Powers (Amendment) Act 1988, No. 78/1988
Assent Date:
20.12.88
Commencement Date:
S. 10(1) on 18.11.87: s. 2(2); rest of Act on 27.4.89:
Special Gazette (No. 21) 27.4.89 p. 1
Current State:
All of Act in operation
186
Racing Act 1958
No. 6353 of 1958
Endnotes
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date:
9.5.89
Commencement Date:
S. 4(1)(Sch. 2 items 103.1–103.4) on 1.11.89:
Government Gazette 1.11.89 p. 2798
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Racing (Amendment) Act 1989, No. 41/1989
Assent Date:
6.6.89
Commencement Date:
S. 9 on 17.5.87: s. 2(2); rest of Act on 1.7.89:
Government Gazette 28.6.89 p. 1558
Current State:
All of Act in operation
Racing (TAB Surplus) Act 1989, No. 71/1989
Assent Date:
28.11.89
Commencement Date:
9.8.89: s. 2
Current State:
All of Act in operation
Racing (Sunday Mixed Sports Gatherings) Act 1991, No. 12/1991
Assent Date:
23.4.91
Commencement Date:
23.4.91
Current State:
All of Act in operation
Racing (Miscellaneous Amendments) Act 1991, No. 32/1991
Assent Date:
12.6.91
Commencement Date:
13.6.91: Government Gazette 12.6.91 p. 1530
Current State:
All of Act in operation
Gaming Machine Control Act 1991, No. 53/1991
Assent Date:
15.10.91
Commencement Date:
S. 162 on 19.11.91: Special Gazette (No. 56)
19.11.91 p. 1
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Racing (Betting Competitions and Mixed Sports) Act 1991, No. 66/1991
Assent Date:
19.11.91
Commencement Date:
27.11.91: Government Gazette 27.11.91 p. 3276
Current State:
All of Act in operation
Racing (Further Miscellaneous Amendments) Act 1992, No. 17/1992
Assent Date:
16.6.92
Commencement Date:
17.6.92: Government Gazette 17.6.92 p. 1482
Current State:
All of Act in operation
Racing (Amendment) Act 1993, No. 49/1993 (as amended by Nos 77/1993,
117/1993)
Assent Date:
1.6.93
Commencement Date:
Ss 1, 2 on 1.6.93: s. 2(1); s. 12 on 1.7.98: s. 2(2);
ss 3, 4, 7–9, 11, 13, 14 on 1.6.93: Special Gazette
(No. 34) 1.6.93 p. 1; s. 6 on 12.7.93: Government
Gazette 8.7.93 p. 1807; s. 10 on 1.8.93:
Government Gazette 15.7.93 p. 1869; ss 5, 12 were
never proclaimed, repealed by No. 117/1993 s. 32
Current State:
All of Act in operation
187
Racing Act 1958
No. 6353 of 1958
Endnotes
Club Keno Act 1993, No. 56/1993
Assent Date:
8.6.93
Commencement Date:
8.6.93: s. 2
Current State:
All of Act in operation
Racing (Further Amendment) Act 1993, No. 77/1993
Assent Date:
29.10.93
Commencement Date:
Ss 1, 2, 11 on 29.10.93: s. 2(1); s. 12 on 1.6.93:
s. 2(2); ss 3, 4, 7–10 on 2.12.93: Government
Gazette 2.12.93 p. 3201; rest of Act on 1.2.94:
Government Gazette 13.1.94 p. 88
Current State:
All of Act in operation
Gaming Machine Control (General Amendment) Act 1993, No. 117/1993
Assent Date:
7.12.93
Commencement Date:
All of Act (except ss 8, 31) on 7.12.93: s. 2(1); s. 31
on 1.7.98: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Public Holidays Act 1993, No. 119/1993
Assent Date:
7.12.93
Commencement Date:
7.12.93
Current State:
All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 4(Sch. 2 items 71.1–71.3) on 1.1.95:
Government Gazette 28.7.94 p. 2055
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Gaming and Betting Act 1994, No. 37/1994
Assent Date:
2.6.94
Commencement Date:
Ss 173, 195–197, 198 (1)(2), 199–203 on 3.6.94:
Special Gazette (No. 31) 2.6.94 p. 1; s. 191 on
1.7.94: Government Gazette 23.6.94 p. 1669;
ss 174–190, 192, 193, 194(1)–(4)(6)–(9), 198(3),
204, 205 on 15.8.94: Special Gazette (No. 55)
15.8.94 p. 1; ss 194(5), 206 on 2.6.95: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Gaming and Betting (Amendment) Act 1994, No. 98/1994
Assent Date:
13.12.94
Commencement Date:
Ss 27, 28 on 16.2.95: Government Gazette 16.2.95
p. 326
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
188
Racing Act 1958
No. 6353 of 1958
Endnotes
Racing (Amendment) Act 1995, No. 83/1995
Assent Date:
28.11.95
Commencement Date:
Pt 1 (ss 1–3), ss 12–15 on 28.11.95: s. 2(1); s. 11 on
19.12.95; Pt 2 (ss 4–10) on 1.3.96: Government
Gazette 14.12.95 p. 3488
Current State:
All of Act in operation
Gaming Acts (Amendment) Act 1996, No. 17/1996
Assent Date:
2.7.96
Commencement Date:
S. 40 on 2.7.96: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 item 70) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996
Assent Date:
17.12.96
Commencement Date:
Ss 74, 85, 88–90 on 17.12.96 : s. 2(1); ss 75, 86, 87,
91(1)(8) on 19.12.96: Government Gazette 19.12.96
p. 3251; ss 83, 91(6) on 27.3.97: Government Gazette
27.3.97 p. 665; ss 76–82, 84, 91(2)–(5)(7) on 1.7.97:
s. 2(6)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Racing (Amendment) Act 1997, No. 11/1997
Assent Date:
29.4.97
Commencement Date:
Ss 1, 2 on 29.4.97: s. 2(1); rest of Act on 1.7.97: s. 2(3)
Current State:
All of Act in operation
Taxation Administration Act 1997, No. 40/1997
Assent Date:
3.6.97
Commencement Date:
S. 138(Sch. 2 item 12) on 1.7.97: Government Gazette
12.6.97 p. 1330
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Audit (Amendment) Act 1997, No. 93/1997
Assent Date:
16.12.97
Commencement Date:
S. 28(Sch. item 26) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
189
Racing Act 1958
No. 6353 of 1958
Endnotes
State Taxation (Amendment) Act 1998, No. 48/1998
Assent Date:
26.5.98
Commencement Date:
S. 10 on 1.7.98: Government Gazette 18.6.98 p. 1511
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Racing and Betting Acts (Amendment) Act 1998, No. 97/1998
Assent Date:
24.11.98
Commencement Date:
Ss 3–13, 16–24 on 10.12.98: Government Gazette
10.12.98 p. 2998; ss 14, 15 on 18.2.99: Government
Gazette 18.2.99 p. 437
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
National Taxation Reform (Further Consequential Provisions) Act 2000,
No. 24/2000
Assent Date:
16.5.00
Commencement Date:
Ss 12–16 on 3.7.00: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 107) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001,
No. 11/2001
Assent Date:
8.5.01
Commencement Date:
S. 3(Sch. item 62) on 1.6.01: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Racing and Betting Acts (Amendment) Act 2001, No. 16/2001
Assent Date:
22.5.01
Commencement Date:
Ss 3–9, 13, 24–26 on 31.5.01: Government Gazette
31.5.01 p. 1076; ss 10–12, 14–23, 27, 28, Sch. on
1.7.01: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Racing (Racing Victoria Ltd) Act 2001, No. 35/2001
Assent Date:
19.6.01
Commencement Date:
S. 4 on 20.6.01: s. 2(1); ss 3, 5, 6, Schs 1, 2 on
19.12.01: Special Gazette (No. 233) 19.12.01 p. 1
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
190
Racing Act 1958
No. 6353 of 1958
Endnotes
Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001
Assent Date:
7.11.01
Commencement Date:
S. 3(Sch. item 11) on 20.12.01: Government Gazette
20.12.01 p. 3127
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Racing Acts (Amendment) Act 2002, No. 19/2002
Assent Date:
21.5.02
Commencement Date:
Ss 8, 18 on 11.7.02: Government Gazette 11.7.02
p. 1593; ss 3–7, 9–17, 19 on 26.9.02: Government
Gazette 26.9.02 p. 2616
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
ANZAC Day (Amendment) Act 2003, No. 96/2003
Assent Date:
2.12.03
Commencement Date:
S. 17 on 3.12.03: s. 2
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Gambling Regulation Act 2003, No. 114/2003
Assent Date:
16.12.03
Commencement Date:
S. 12.1.3(Sch. 6 items 10.1–10.8) on 1.7.04:
Government Gazette 1.7.04 p. 1843
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Racing and Gaming Acts (Amendment) Act 2004, No. 45/2004
Assent Date:
16.6.04
Commencement Date:
Ss 4–13 on 1.8.04: Government Gazette 22.7.04
p. 2069
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 171) on 5.4.05: Government
Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 91) on 12.12.05: Government
Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
191
Racing Act 1958
No. 6353 of 1958
Endnotes
Racing and Gaming Acts (Police Powers) Act 2005, No. 55/2005
Assent Date:
13.9.05
Commencement Date:
Ss 3–5 on 14.9.05: s. 2
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Racing and Gambling Acts (Amendment) Act 2005, No. 92/2005
Assent Date:
29.11.05
Commencement Date:
S. 4 on 30.11.05: s. 2(1); s. 3 on 31.12.05: s. 2(4)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Victoria Racing Club Act 2006, No. 40/2006
Assent Date:
20.6.06
Commencement Date:
S. 41 on 1.8.06: Government Gazette 27.7.06 p. 1534
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006,
No. 80/2006
Assent Date:
10.10.06
Commencement Date:
S. 26(Sch. item 90) on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Gambling and Racing Legislation Amendment (Sports Betting) Act 2007,
No. 18/2007
Assent Date:
29.5.07
Commencement Date:
S. 6 on 1.10.07: Government Gazette 20.9.07 p. 2143
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Relationships Act 2008, No. 12/2008
Assent Date:
15.4.08
Commencement Date:
S. 73(1)(Sch. 1 item 50) on 1.12.08: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
Racing and Gambling Legislation Amendment Act 2008, No. 73/2008
Assent Date:
25.11.08
Commencement Date:
Ss 3–17 on 1.1.09: Government Gazette 18.12.08
p. 2998
Current State:
This information relates only to the provision/s
amending the Racing Act 1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Metric Conversion (Racing Act 1958) Regulations 1974, S.R. No. 166/1974
Date of Making:
14.5.74
Date of Commencement:
14.5.74
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
192
Racing Act 1958
No. 6353 of 1958
Endnotes
Government Gazette
Government Gazette
Government Gazette
24 June 1963 page 2207
28 August 1963 page 2578
13 November 1963 page 3394
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
193
Racing Act 1958
No. 6353 of 1958
Endnotes
3. Explanatory Details
1
Ss 8–14:
S. 8 amended by S.R. No. 166/1974 reg. 2, substituted by No. 9924 s. 7,
repealed by No. 37/1994 s. 178(a).
S. 9 amended by Nos 6836 s. 11(a), 7828 s. 2, S.R. No. 166/1974 reg. 2,
repealed by No. 37/1994 s. 178(a).
S. 10 amended by Nos 9671 s. 28, 9924 s. 10(1), repealed by No. 37/1994
s. 178(a).
S. 11 amended by No. 6836 s. 11(a), S.R. No. 166/1974 reg. 2, Nos 9671
s. 28, 9924 s. 15(c), repealed by No. 37/1994 s. 178(a).
Heading preceding s. 12 repealed by No. 37/1994 s. 178(b).
S. 12 amended by Nos 6574 s. 2, 9671 s. 28, repealed by No. 37/1994
s. 178(b).
Heading preceding s. 13 repealed by No. 37/1994 s. 178(c).
S. 13 amended by Nos 6836 s. 11(a)(b)(i)(ii), 6962 s. 2, 7015 s. 12(1)(a),
7684 s. 3, 7828 s. 3, 8344 s. 26(3)(c), 8566 s. 3(a)(b), S.R. No. 166/1974
reg. 2, Nos 8776 s. 2(c)–(e), 9671 s. 28, substituted by No. 9924 s. 8,
amended by Nos 49/1987 ss 6, 10, 77/1993 s. 7(1), repealed by
No. 37/1994 s. 178(c).
S. 14 amended by Nos 8344 s. 26(3)(d), 9146 s. 2(1), 9671 s. 28, repealed
by No. 37/1994 s. 178(d).
2
Ss 15–18A:
S. 15 amended by No. 9671 ss 28, 29, repealed by No. 37/1994 s. 180(a).
Heading preceding s. 16 repealed by No. 37/1994 s. 180(b).
S. 16 amended by Nos 6574 s. 3, 6836 s. 11(a), 7000 s. 2, substituted by
No. 7230 s. 2, amended by No. 8209 s. 2, S.R. No. 166/1974 reg. 2,
Nos 8603 s. 2(a)–(d), 9671 s. 28, 49/1987 s. 13, 12/1989
s. 4(1)(Sch. 2 item 103.1), 17/1992 s. 5, repealed by No. 37/1994 s. 180(b).
Heading preceding s. 17 repealed by No. 37/1994 s. 180(c).
S. 17 amended by Nos 6836 s. 11(a), 7621 s. 12(1)(a)(i)(ii)(b)(i)(ii)(c),
8344 s. 26(3)(e), S.R. No. 166/1974 reg. 2, substituted by No. 9924 s. 9,
repealed by No. 37/1994 s. 180(c).
S. 18 amended by No. 8344 s. 26(3)(f), repealed by No. 37/1994 s. 180(d).
S. 18A inserted by No. 49/1987 s. 11, amended by No. 77/1993
s. 7(2)(a)(b), repealed by No. 37/1994 s. 180(d).
194
Racing Act 1958
No. 6353 of 1958
3
S. 22C inserted by No. 49/1987 s. 7, amended by Nos 12/1991 s. 3(b),
17/1992 s. 6(3)(4), 49/1993 s. 11(1)(2), 77/1993 s. 7(3)–(5), repealed by
No. 37/1994 s. 182(i).
4
Ss 27, 28:
S. 27 amended by Nos 7621 s. 11(1), 9038 s. 2(b), 9549 s. 2(1)(Sch.
item 188), repealed by No. 37/1994 s. 184(b).
S. 28 amended by Nos 6836 s. 11(a), 8344 s. 26(3)(o), S.R. No. 166/1974
reg. 2, repealed by No. 37/1994 s. 184(b).
5
Ss 30, 31:
S. 30 amended by S.R. No. 166/1974 reg. 2, repealed by No. 37/1994
s. 186(a).
Heading preceding s. 31 repealed by No. 37/1994 s. 186(b).
S. 31 amended by No. 6836 s. 11(a), S.R. No. 166/1974 reg. 2, No. 9671
s. 28, repealed by No. 37/1994 s. 186(b).
6
S. 32(1)–(6):
S. 32(1) amended by Nos 6574 s. 4(a)(b), 8080 s. 2, 8344 s. 26(3)(p), 8603
s. 3, substituted by No. 8885 s. 2, amended by No. 9671 ss 28, 29, repealed
by No. 37/1994 s. 186(c).
S. 32(1A)–(1C) inserted by No. 8885 s. 2, amended by No. 9671 s. 28,
repealed by No. 37/1994 s. 186(c).
S. 32(2) amended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(c).
S. 32(3) amended by Nos 6607 s. 2(c), 9671 ss 28, 29, 49/1987 s. 8,
77/1993 s. 7(6), repealed by No. 37/1994 s. 186(c).
S. 32(4) amended by No. 6867 s. 2(Sch. 1), S.R. No. 166/1974 reg. 2,
No. 9671 ss 28, 29, repealed by No. 37/1994 s. 186(c).
S. 32(5) amended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(c).
S. 32(6) inserted by No. 7691 s. 2, amended by Nos 8344 s. 26(3)(p), 9671
ss 28, 29, 32/1991 s. 4, repealed by No. 37/1994 s. 186(c).
7
S. 47 amended by No. 7621 s. 12(6), substituted by No. 9201 s. 16,
amended by Nos 9388 s. 8, 37/1994 s. 193(1), repealed by No. 31/1994 s. 4
(Sch. 2 item 71.1).
8
S. 52:
Heading preceding s. 52 repealed by No. 37/1994 s. 188(b).
S. 52 amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(u), repealed by
No. 37/1994 s. 188(b).
195
Racing Act 1958
No. 6353 of 1958
9
Ss 53–54A:
S. 53 amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994
s. 188(e).
S. 54 amended by Nos 6607 s. 3(a), 8209 s. 21(1)(a)(ii), substituted by
No. 49/1987 s. 9, amended by Nos 17/1992 s. 6(5)(6), 49/1993 s. 11(3)(4),
77/1993 s. 7(7)–(9), repealed by No. 37/1994 s. 188(f).
S. 54A inserted by No. 49/1987 s. 12, amended by Nos 41/1989 s. 8(a)(b),
77/1993 s. 7(10), repealed by No. 37/1994 s. 188(f).
10
Ss 56–59:
S. 56 amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(w), repealed by
No. 9146 s. 4.
S. 57 amended by Nos 7621 s. 13(4)(a)(b), 8209 s. 21(1)(a)(ii), 9146 s. 6,
9671 s. 6(a)(b), repealed by No. 37/1994 s. 188(f).
S. 57A inserted by No. 6638 s. 2, repealed by No. 7351 s. 4.
S. 57A was repealed on 1.7.67: GG 21.6.67 p. 2027.
Heading preceding s. 58 amended by No. 8209 s. 21(1)(a)(ii), repealed by
No. 37/1994 s. 188(g).
S. 58 amended by Nos 7621 s. 11(2), 8080 s. 3, 8209 s. 21(1)(a)(ii), 8344
s. 26(3)(x), 9038 s. 2(c), 9146 s. 7(1), 41/1989 s. 8(c), repealed by
No. 37/1994 s. 188(g).
S. 59 substituted by No. 6638 s. 3(a), amended by Nos 7621 s. 11(2), 8344
s. 26(3)(y), 9038 s. 2(d), repealed by No. 37/1994 s. 188(g).
11
Ss 60–63:
S. 60 repealed by No. 37/1994 s. 188(i).
S. 61 amended by Nos 8209 ss 6, 21(1)(a)(ii), 8344 s. 26(3)(aa), repealed
by No. 37/1994 s. 188(i).
S. 62 amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994
s. 188(i).
S. 63 amended by Nos 6638 s. 4, 7082 s. 3, 8209 ss 7, 21(1)(a)(ii), 8344
s. 26(3)(bb), S.R. No. 166/1974 reg. 2, Nos 8776 s. 3(2)(a), 9146 s. 9(a)(b),
9671 s. 7, 12/1989 s. 4(1)(Sch. 2 item 103.2), 32/1991 s. 6(1)(a)–(d),
119/1993 s. 16(4), repealed by No. 37/1994 s. 188(i).
196
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No. 6353 of 1958
12
S. 67:
S. 67 amended by No. 12/1989 s. 4(1)(Sch. 2 items 103.3, 103.4), repealed
by No. 37/1994 s. 188(n).
13
S. 79:
S. 79 amended by Nos 8209 s. 21(1)(a)(ii), 125/1986 s. 13(i), 41/1989
s. 8(d), repealed by No. 37/1994 s. 188(r).
14
Ss 80A, 81:
S. 80A inserted by No. 9671 s. 13, repealed by No. 9924 s. 3(e).
S. 81 amended by No. 9146 s. 7(2)(a)(b), substituted by No. 9201 s. 17,
amended by Nos 9388 s. 8, 37/1994 s. 193(2), repealed by No. 31/1994
s. 4(Sch. 2 item 71.2).
15
Pt 3A (Heading and ss 83A–83E):
Pt 3A (Heading) inserted by No. 8209 s. 10, repealed by No. 37/1994
s. 194(1).
S. 83A inserted by No. 8209 s. 10, amended by Nos 8344 s. 26(3)(gg),
9146 s. 10, 9671 ss 15(a)(b), 16, 41/1989 s. 7(1)(a)(b), repealed by
No. 37/1994 s. 194(1).
S. 83B inserted by No. 8209 s. 10, amended by No. 41/1989 s. 7(2),
repealed by No. 37/1994 s. 194(1).
S. 83C inserted by No. 8209 s. 10, repealed by No. 37/1994 s. 194(1).
S. 83D inserted by No. 8209 s. 10, amended by Nos 8269 s. 9(a), 8503
s. 3, 8603 s. 9(1), 8975 s. 2(2), 9201 s. 20, 9671 s. 17(a)(b), 9861 s. 3(1),
repealed by No. 37/1994 s. 194(2).
S. 83E inserted by No. 8603 s. 8(2), repealed by No. 37/1994 s. 194(1).
16
S. 83K: Section 15 of the Racing (Amendment) Act 1995,
No. 83/1995 reads as follows:
15 Transitional
The Principal Act as amended by section 12 of
this Act applies to an appeal against a penalty
imposed, or a decision or order made, on or after
the day on which section 12 comes into operation.
197
Racing Act 1958
No. 6353 of 1958
17
S. 94A: Section 91 of the Miscellaneous Acts (Further Omnibus
Amendments) Act 1996, No. 73/1996 reads as follows:
91 Transitional
(1) The Principal Act as amended by section 75 of
this Act applies—
(a) to a bond lodged after the commencement of
section 75; and
(b) in respect of a default made by a registered
bookmaker or his or her approved substitute
in the payment of a wager placed at a racemeeting or sports held after the
commencement of section 75.
(2) A consent given under section 19 of the Principal
Act as in force immediately before the
commencement of this subsection to hold a picnic
race-meeting after that commencement continues
to have force and effect as if this Act had not been
enacted.
(3) An authorisation given under section 19A of the
Principal Act as in force immediately before the
commencement of this subsection to hold a
restricted harness racing meeting after that
commencement continues to have force and effect
as if this Act had not been enacted.
(4) A consent given under section 20 of the Principal
Act as in force immediately before the
commencement of this subsection to hold pointto-point steeplechase races for horses after that
commencement continues to have force and effect
as if this Act had not been enacted.
(5) A licence in force under section 24 or 24A of the
Principal Act immediately before the
commencement of this subsection is deemed to be
issued under section 24 or 24A, as the case may
be, of the Principal Act as amended by this Act.
198
Racing Act 1958
No. 6353 of 1958
(6) A permit issued under section 52A of the
Principal Act as in force immediately before the
commencement of this subsection to hold
plumpton coursing matches after that
commencement continues to have force and effect
as if this Act had not been enacted.
(7) A permit issued under section 52B of the Principal
Act as in force immediately before the
commencement of this subsection to hold
greyhound races after that commencement
continues to have force and effect as if this Act
had not been enacted.
(8) All bets made and all betting-tickets issued by a
bookmaker's course agent in accordance with
section 87A of the Principal Act as in force
immediately before the commencement of this
subsection continue to be valid and effectual for
all purposes as if this Act had not been enacted.
18
Pt 5 (Heading and ss 96–116):
Pt 5 (Heading) amended by No. 10184 s. 21(1), repealed by No. 37/1994
s. 194(3).
S. 96 amended by Nos 6619 s. 3, 6836 s. 3, 7082 s. 5(a)(b), 7230
s. 7(a), 7351 s. 2, 8209 ss 13(1)(a)–(c), 21(1)(a)(ii), S.R. No. 166/1974
reg. 2, Nos 8566 s. 6(1), 9473 s. 2(1)(a)–(e)(2), 9671 s. 28, 125/1986
s. 7(c)(i)(ii), repealed by No. 37/1994 s. 194(3).
Pt 5 Div. 1 (Heading and ss 97–116) amended by Nos 6619 s. 4(1), 6836
ss 4, 5, 6886 s. 3, 7082 ss 6, 7, 7301 s. 2(a)(i), 7442 s. 2(a), 7621
s. 12(9)–(11), 7828 ss 6, 7(2), 8080 s. 6(1), 8209 s. 13(2), 8269 s. 2, 8344
s. 26(3)(hh), S.R. No. 166/1974 reg. 2, Nos 8566 s. 6(2), 8739 s. 2, 9201
ss 2(1), 9, 9319 s. 2, 9473 ss 3, 4, 14, 9549 s. 2(1)(Sch. item 188), 9671
s. 28, 9861 s. 3(1), 125/1986 ss 7(d)(e), 13(e)(n)–(v) (as amended by
No. 49/1987 s. 24(2)(a)(b))(w), 14(b)(c), 49/1987 ss 19(1), 23(a), 92/1987
s. 3, 49/1988 s. 182, 41/1989 s. 8(f), 32/1991 s. 9, 49/1993 s. 10(1)–(3),
77/1993 s. 9(1)(2), repealed by No. 37/1994 s. 194(3)(4).
199
Racing Act 1958
No. 6353 of 1958
Pt 5 Div. 2 (Heading and ss 116A–116ZB (except ss 116G, 116Y))
amended by Nos 6619 s. 4(2), 6836 ss 6–8, 6886 s. 3, 6981 s. 2(a), 7015
s. 12(1)(b)(c), 7082 ss 8–11, 7138 s. 2, 7230 s. 8, 7301 s. 2(b), 7351 s. 3,
7404 s. 3, 7442 s. 2(b), 7621 ss 7, 8, 13(6), 7684 s. 8, 7828 ss 5, 8, 8080
ss 7–9, 10(1), 11–14, 8209 ss 14–17, 21(1)(a)(ii), 8269 ss 3, 4, 8344
s. 26(3)(ii), S.R. No. 166/1974 reg. 2, Nos 8566 ss 7, 10, 8603 ss 11, 12,
8739 s. 3, 8776 s. 3(2)(a)(b), 8989 ss 4–6, 9201 ss 4, 7, 14, 15, 9319 ss 3, 7,
9388 s. 3, 9473 ss 5, 13, 9671 ss 18, 19(a)(b) (as amended by
No. 9902 s. 2(1)(Sch. item 216)), 20, 21(1), 28–30, 9738 s. 2, 9861 s. 3(1),
9924 ss 3(g), 12, 10014 s. 7(1)–(3), 10184 ss 16, 19(1), 20, 10193 s. 4,
28/1986 ss 8–10, 125/1986 ss 7(f), 9–11, 12(a), 13(w)–(y), 14(d), 5/1987
s. 3(1)(2), 49/1987 ss 20, 21, 23(b), 24(1)(g), 92/1987 s. 4, 97/1987
s. 181(13), 27/1988 ss 4(3)–(5), 9, 73/1988 s. 4, 78/1988 s. 11, 41/1989
s. 8(g)(h), 71/1989 ss 4, 7, 9, 32/1991 ss 10(1), 12–15, 17, 53/1991
s. 162(1), 49/1993 ss 8, 9, 10(4)–(6), 56/1993 s. 17, 77/1993 ss 10(1), 11,
repealed by No. 37/1994 s. 194(3)(5).
S. 116IA (repealed): Section 12(1) of the Borrowing and Investment
Powers (Amendment) Act 1988, No. 78/1988 reads as follows:
12 Transitional provisions
(1) Section 116IA of the Racing Act 1958, as in force
immediately before the commencement of
section 11 of this Act, continues to apply to and in
respect of—
(a) money borrowed or re-borrowed and any
other thing done under borrowing powers or
powers to obtain financial accommodation
conferred by the Racing Act 1958 before the
commencement of section 11; and
(b) money borrowed or re-borrowed and any
other thing done under borrowing powers or
powers to obtain financial accommodation
conferred by the Racing Act 1958 after that
commencement, pursuant to arrangements
entered into before that commencement—
as if section 11 had not been enacted.
200
Racing Act 1958
No. 6353 of 1958
S. 116IB (repealed): Section 12(2) of the Borrowing and Investment
Powers (Amendment) Act 1988, No. 78/1988 reads as follows:
12 Transitional provisions
(2) Section 116IB of the Racing Act 1958 as in force
immediately before the commencement of
section 11 of this Act, continues to apply to or in
respect of the investment of money or exercise of
powers made before the commencement of
section 11 as if section 11 had not been enacted.
19
S. 116Y inserted by No. 7828 s. 9, substituted by No. 9201 s. 18, amended
by Nos 9388 s. 8, 37/1994 s. 194(3), repealed by No. 31/1994 s. 4(Sch. 2
item 71.3).
The proposed repeal of section 116Y(1) by No. 37/1994 s. 194(5) is
therefore not included in this publication.
20
Pt 5 Divs 3–5:
Pt 5 Div. 3 (Heading and ss 116AA–116AP) inserted by No. 6836 s. 9,
amended by Nos 7082 ss 12(a)(b), 13, 7301 s. 2(c)(d), 7442 s. 2(c), 7684
ss 6, 7, 7899 s. 4(a)(b), 8080 ss 15, 16, 8209 ss 18–20, 8269 ss 5, 6(a)–(d),
8344 s. 26(3)(ii), 8450 ss 2, 3, 8566 s. 8(1)(2), 9201 s. 5, 9388 s. 4(a)(b),
9473 ss 6(a)–(c), 7(a)(b), 8, 9(a)–(d), 14, 9549 s. 2(1)(Sch. items 188, 189),
9671 s. 21(2)(a)–(g), 9861 s. 3(1), 125/1986 ss 7(g), 12(b), 13(w)(z), 14(e),
49/1987 s. 14(2), repealed by No. 37/1994 s. 194(3).
Pt 5 Div. 4 (Heading and ss 116BA–116BS) inserted by No. 7082 s. 15,
amended by Nos 7230 ss 9, 10(a)(b), 7301 s. 2(e)(f)(i)(ii), 7442
s. 2(e)(f)(i)(ii), 7621 ss 9, 10, 13(7), 7828 s. 6, 8080 s. 15, 8269 ss 7,
8(a)–(d), 8344 s. 26(3)(kk), 8566 s. 9(1)(a)(b)(2), 8603 s. 13(a)(b), 8739
s. 4(a)(b)(i)(ii), 8776 s. 3(2)(a), 8989 s. 6, 9201 s. 6, 9319 ss 4(a)(b), 5,
6(a)(b), 9388 s. 5, 9473 s. 14, 9549 s. 2(1)(Sch. item 188), 9671
s. 21(3)(a)–(e)(i)(ii), 9861 s. 3(1), 125/1986 ss 7(g), 13(w)(y)(z), 49/1987
ss 19(2), 23(e), 49/1993 s. 10(7)(a)(b)(i)(ii)(8)(9)(a)–(e)(10)(a), repealed by
No. 37/1994 s. 194(3).
Pt 5 Div. 5 (Heading and ss 116BT–116CI) inserted by No. 8975 s. 2(1),
amended by Nos 9473 ss 10(a)(b), 11(a)(b), 12, 9671 s. 32, 9861 s. 3(1),
10184 ss 4(a)–(d), 5(a)(b), 6, 7(a)(i)(ii)(b)(i)(ii), 8, 9, 10(a)(b), 11, 12(a)(b),
13, 14(a)(b), 15(a)(i)(ii)(b)(i)(ii), 17, 18(a)–(c), 21(2), 125/1986 ss 7(h),
13(w)(y)(z), 49/1987 ss 23(e), 24(1)(f), 73/1988 s. 6(a)(i)(ii)(b)(c)
(i)–(iii)(d), 41/1989 s. 8(i), 32/1991 ss 10(2), 11(1)–(8), 53/1991 s. 162(2),
66/1991 ss 4, 5, 49/1993 s. 4(1)(2) (as amended by No. 77/1993
s. 12(a)(b)), 117/1993 s. 30, repealed by No. 37/1994 s. 194(3).
201
Racing Act 1958
No. 6353 of 1958
21
Pt 6 Divs 1, 2:
Pt 6 Div. 1 (Heading and s. 117) amended by No. 8344 s. 26(3)(ii), repealed
by No. 8566 s. 11, new s. 117 inserted by No. 9671 s. 21(4), repealed by
No. 37/1994 s. 194(8).
Pt 6 Div. 2 (Heading) amended by No. 8209 s. 21(1)(a)(ii), repealed by
No. 37/1994 s. 194(6).
22
S. 118:
S. 118 repealed by No. 37/1994 s. 194(6).
23
S. 119:
S. 119 amended by Nos 6836 s. 10, 7015 s. 12(1)(d), 8209 s. 21(1)(a)(ii),
8269 s. 10(a)–(c), 8885 s. 3(a)–(c), 9201 s. 8(a)–(e), 9671 ss 28, 32,
125/1986 s. 14(b), 41/1989 s. 8(j)(k), 66/1991 s. 6, substituted by
No. 37/1994 s. 192, amended by Nos 98/1994 s. 28(a)(b), 83/1995 s. 14(e),
40/1997 s. 138(Sch. 2 item 12), 48/1998 s. 10(1)(2) (ILA s. 39B(1)),
97/1998 s. 24(2), repealed by No. 24/2000 s. 16.
24
Ss 120–125:
S. 120 amended by No. 7015 s. 12(1)(d), repealed by No. 37/1994
s. 194(6).
S. 121 amended by No. 9671 ss 29, 32, repealed by No. 37/1994 s. 194(6).
S. 122 amended by Nos 7015 s. 12(1)(d), 7621 s. 12(12), 7684 s. 9(a)(b),
17/1992 s. 11(1), repealed by No. 37/1994 s. 194(6).
S. 123 amended by Nos 9671 ss 29, 30, 32, 17/1992 s. 11(2), repealed by
No. 37/1994 s. 194(6).
S. 124 amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994
s. 194(6).
S. 124A inserted by No. 66/1991 s. 7, repealed by No. 37/1994 s. 194(6).
S. 125 repealed by No. 37/1994 s. 194(6).
25
Pt 6 Div. 3 (Heading and ss 126, 127):
Pt 6 Div. 3 (Heading and s. 126) inserted by No. 7684 s. 10, amended by
Nos 7828 s. 10, 7899 s. 6(a)–(c)(i)–(iv)(d)(e)(i)(ii), 8080 s. 17(a)(i)–(v)
(b)(c), 8209 s. 20(2), 8269 s. 9(b)(c), 8503 s. 3, 8603 s. 9(2)(a)–(c), 8975
s. 2(3)(4), 9201 s. 21, 9388 s. 7, 9671 ss 22(a)(b)(i)–(iii)(c)–(e), 29, 9861
s. 3(1), 9924 s. 13, 49/1987 s. 24(1)(h), repealed by No. 37/1994 s. 194(8).
S. 127 inserted by No. 8603 s. 8(1), amended by No. 9212 s. 2(2), repealed
by No. 37/1994 s. 194(7).
202
Racing Act 1958
No. 6353 of 1958
26
Pt 6 Div. 4 (Heading and ss 128, 129) inserted by No. 9201 s. 3, amended
by Nos 9671 ss 28, 32, 9861 s. 3(1), 28/1986 ss 11, 12, 49/1987 s. 22(a)(b),
49/1993 s. 10(11), repealed by No. 37/1994 s. 194(6).
27
Schs 1–4:
Sch. 1 repealed by No. 49/1993 s. 13(2).
Sch. 2 amended by Nos 6462 s. 4, 6836 s. 11(c), 8344 s. 26(3)(mm), 8566
s. 4(3)(a)–(c), substituted by No. 8776 s. 2(g), repealed by No. 9924
s. 10(3).
Sch. 3 amended by GGs 24.7.63 p. 2207, 28.8.63 p. 2578, 13.11.63 p. 3394,
substituted by No. 8776 s. 3(2)(c), amended by No. 49/1987 s. 24(1)(i),
repealed by No. 37/1994 s. 194(9).
Sch. 4 inserted by No. 9201 s. 24, repealed by No. 37/1994 s. 194(9).
203