Racing Integrity Bill 2015

An Act to safeguard the welfare of animals, to ensure the integrity of persons involved in the racing industry and to manage matters relating to betting and sporting contingencies, and to amend the Animal Care and Protection Act 2001 , the Bail Act 1980 , the Criminal Organisation Act 2009 , the Interactive Gambling (Player Protection) Act 1998 , the Liquor Act 1992 , the Police Powers and Responsibilities Act 2000 , the Public Service Act 2008 , the Racing Act 2002 , the Trading (Allowable Hours) Act 1990 and the Wagering Act 1998 for particular purposes

1Short title

This Act may be cited as the Racing Integrity Act 2015 .

2Commencement

This Act commences on a day to be fixed by proclamation.

3Main purposes of Act and their achievement

(1)The main purposes of this Act are—

(a)to maintain public confidence in the racing of animals in Queensland for which betting is lawful; and

(b)to ensure the integrity of all persons involved with racing or betting under this Act or the Racing Act; and

(c)to safeguard the welfare of all animals involved in racing under this Act or the Racing Act.

(2)The purposes are to be achieved primarily by—

(a)establishing the Queensland Racing Integrity Commission; and

(b)regulating racing bookmakers by establishing a framework that provides for—

(i)the obtaining of eligibility certificates; and

(ii)licensing by the commission; and

(iii)the granting of offcourse approvals.

4Extraterritorial application of Act

(1)This Act applies both within and outside Queensland.

(2)This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.

5Dictionary

The dictionary in schedule 1 defines particular words used in this Act.

6Act binds State, Commonwealth and other States

(1)This Act binds the State and, as far as the legislative authority of the Parliament permits, the Commonwealth and the other States.

(2)However, an entity mentioned in subsection (1) can not be prosecuted for an offence against this Act.

7Establishment and status

(1)The Queensland Racing Integrity Commission (the commission) is established.

(2)The commission consists of the commissioner, the deputy commissioners and the staff of the commission.

(3)The staff are to be employed under the Public Service Act 2008 .

8Commission represents the State

(1)The commission represents the State.

(2)Without limiting subsection (1), the commission has the status, privileges and immunities of the State.

9Application of other Acts

(1)The commission is—

(a)a unit of public administration under the Crime and Corruption Act 2001 ; and

(b)a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .

(2)The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the commission’s powers.

10Functions

(1)The commission has the following functions—

(a)to license animals, clubs, participants and venues that are suitable to be licensed for a code of racing;

(b)to assess under this Act the suitability of an applicant to be an approved control body;

(c)to conduct audits of licence holders to decide if the license holders continue to be suitable to be licensed, on the commission’s own initiative or at the request of the Minister;

(d)to investigate complaints about matters relevant to a code of racing, on the commission’s own initiative or at the request of the Minister, including—

(i)complaints about the processes of a control body; and

(ii)complaints about a licence holder;

(e)complaints about the processes of a control body; and

(f)to oversee the integrity of race meetings, including matters preliminary to race meetings;

Examples of matters preliminary to race meetings——

jumpouts, trackwork sessions, trials

(g)to manage testing of things, including developing or adopting procedures about the way things for analysis are to be taken and dealt with;

(h)to keep records that provide for the identification and monitoring of animals;

Example—

records that show the ‘end-to-end tracking’ of an animal

(i)to safeguard the welfare of any animal involved, whether directly or indirectly and whether lawfully or unlawfully, in racing;

(j)to make decisions about disciplinary matters;

(k)to prevent noncompliance and lapses in integrity, as far as practicable, in the racing industry;

(l)to promote compliance and integrity by educating, providing information for, and working with, participants;

(m)to regularly review and assess compliance and the integrity of participants, clubs and practices in the racing industry, on the commission’s own initiative or at the request of the Minister;

(n)to work collaboratively with entities responsible for investigating and prosecuting offences, including—

(i)sharing information with the entities for crime prevention; and

(ii)in circumstances where the commission reasonably suspects an offence may have been committed;

(o)to identify opportunities for cooperative partnerships with entities to improve compliance and integrity in the racing industry;

(p)to report and make recommendations to the Minister about matters relevant to the performance of its functions and any other matters referred to it by the Minister;

(q)to make all necessary inquiries it believes necessary to fulfil a function mentioned in paragraphs (a) to (o);

(r)to perform a function incidental to a function mentioned in paragraphs (a) to (o);

(s)to perform a function given to it under another Act.

(2)In this section—

compliance includes compliance with this Act or the Racing Act.

processes, of a control body, includes policies, systems, actions and decisions made by the control body.

11General restriction on functions

It is not a function of the commission to investigate—

(a)a matter that has already been decided by a court or the tribunal; or

(b)a matter the subject of an unfinished proceeding that has started in a court or the tribunal.

12Powers

(1)The commission has all the powers of an individual and may, for example—

(a)enter into contracts or agreements; and

(b)acquire, hold, deal with, and dispose of, property; and

(c)appoint agents and attorneys; and

(d)engage consultants and researchers; and

(e)charge a fee for services and other facilities it supplies; and

(f)do anything else necessary or convenient to be done in performing its functions.

(2)Without limiting subsection (1), the commission has the powers given to it under this Act or another Act.

13Ministerial directions

(1)The Minister may give the commission a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is in the best interests of the Queensland racing industry to give the direction.

(2)However, the Minister may not give the commission a direction about any of the following—

(a)a decision of the commission that is an original decision;

(b)a decision mentioned in section 262(2);

(c)a matter for which the commission is conducting an audit or investigation.

(3)The commission must comply with a direction given under subsection (1).

(4)The commission—

(a)must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63, details of any direction given by the Minister under subsection (1) during the financial year to which the report relates; and

(b)may include in the report a comment about the effect on the commission’s activities of complying with the direction.

14Directions to licensed clubs

(1)The commission may give a written direction to a licensed club relating to—

(a)the operations of the club; or

(b)a licensed venue for which the club is the licence holder

(2)The direction may require the licensed club to do something or to refrain from doing something.

Note—

The failure to comply with a direction is a ground for cancelling or suspending the club’s licence under section 71(1).

15Commission direction prevails over control body direction

If there is an inconsistency between a direction given under this Act or the Racing Act to a licensed club by the commission or a control body, the direction of the commission prevails to the extent of the inconsistency.

16Racing Integrity Commissioner

(1)There is to be a Racing Integrity Commissioner (the commissioner).

(2)The Governor in Council is to appoint the commissioner.

(3)A person may be appointed as the commissioner for a term of not more than 3 years.

(4)The commissioner may be reappointed.

(5)The commissioner is to be paid the remuneration and allowances decided by the Governor in Council.

(6)Subject to this Act, a person holds office as the commissioner on the conditions decided by the Governor in Council.

(7)The commissioner must be appointed under this Act and not under the Public Service Act 2008 .

17Deputy Racing Integrity Commissioners

(1)There are to be 2 or more Deputy Racing Integrity Commissioners (each a deputy commissioner).

(2)The Governor in Council is to appoint each deputy commissioner, including—

(a)a deputy commissioner who is to be called the 1st deputy commissioner; and

(b)a deputy commissioner who is to be called the 2nd deputy commissioner.

(3)A person may be appointed as a deputy commissioner for a term of not more than 3 years.

(4)A deputy commissioner may be reappointed.

(5)A deputy commissioner is to be paid the remuneration and allowances decided by the Governor in Council.

(6)Subject to this Act, a person holds office as a deputy commissioner on the conditions decided by the Governor in Council.

(7)A deputy commissioner must be appointed under this Act and not under the Public Service Act 2008 .

18Persons eligible to be commissioner or deputy commissioner

A person is eligible to be the commissioner or a deputy commissioner if the person—

(a)is an eligible individual within the meaning of the Racing Act; and

(b)is not, and has not been in the previous 2 years, a member or employee of a control body; and

(c)is not, and has not been in the previous 2 years, an executive office of a corporation that is an approved control body.

19Functions of commissioner

(1)The main functions of the commissioner are—

(a)to ensure the effective and efficient administration and operation of the commission and the performance of its functions; and

(b)to manage the staff of the commission in accordance with the requirements of this Act and the Public Service Act 2008 .

(2)The commissioner’s functions also include any other function given to the commissioner under this Act or another Act.

20Functions of deputy commissioner

(1)The main functions of a deputy commissioner are—

(a)to assist the commissioner in ensuring the effective and efficient administration and operation of the commission and the performance of its functions; and

(b)to assist the commissioner in managing the staff of the commission in accordance with the requirements of this Act and the Public Service Act 2008 ; and

(c)for the 1st deputy commissioner—to act in the office of the commissioner if the commissioner is absent or for any other reason is unable to perform the functions of the office; and

(d)for the 2nd deputy commissioner—to act in the office of the commissioner if the commissioner and 1st deputy commissioner are absent or for any other reason are unable to perform the functions of the office.

(2)A deputy commissioner’s functions also include any other function given to the deputy commissioner under this Act or another Act.

21Powers of commissioner and deputy commissioners

(1)The commissioner and deputy commissioners have the powers necessary for performing the commissioner’s or deputy commissioners’ functions.

(2)The commissioner and deputy commissioners also have the other powers given to the commissioner and deputy commissioners under this Act or another Act.

(3)The commissioner may exercise the powers of the commission, and any other powers given to the commissioner, under this Act or another Act.

22Vacancy in office

(1)The office of the commissioner becomes vacant if the commissioner—

(a)ceases to be eligible to be the commissioner under section 18; or

(b)resigns under section 23; or

(c)is removed from office under section 24.

(2)The office of a deputy commissioner becomes vacant if the deputy commissioner—

(a)ceases to be eligible to be a deputy commissioner under section 18; or

(b)resigns under section 23; or

(c)is removed from office under section 24.

23Resignation

(1)The commissioner or a deputy commissioner may resign the commissioner’s or deputy commissioner’s office by giving the Minister a signed letter of resignation.

(2)The resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day.

24Removal or suspension

The Governor in Council may remove or suspend a person from office as the commissioner or as a deputy commissioner if the person—

(a)becomes incapable of performing the functions of the commissioner or deputy commissioner because of mental or physical incapacity; or

(b)has performed the duties of the commissioner or deputy commissioner carelessly, incompetently or inefficiently; or

(c)has engaged in dishonourable conduct; or

(d)has been found guilty of an offence the Governor in Council considers make the person inappropriate to perform the functions of the commissioner or deputy commissioner.

25Acting commissioner

(1)This section applies if—

(a)there is a vacancy in the office of commissioner or the commissioner is absent or for any other reason is unable to perform the functions of the office; and

(b)both the 1st deputy commissioner and 2nd deputy commissioner are unable to perform the functions of the commissioner’s office.

(2)The Minister may appoint a person to act as commissioner for a period of not more than 3 months.

(3)However, the Minister may extend the appointment for a further 3 months.

(4)A person appointed to act as commissioner—

(a)has all the functions and powers of the commissioner; and

(b)is taken to be the commissioner for all purposes relating to this Act.

26Acting deputy commissioner

(1)This section applies if there is a vacancy in the office of a deputy commissioner or a deputy commissioner is absent or for any other reason is unable to perform the functions of the office.

(2)The Minister may appoint a person to act as a deputy commissioner for a period of not more than 3 months.

(3)However, the Minister may extend the appointment for a further 3 months.

(4)A person appointed to act as a deputy commissioner—

(a)has all the functions and powers of a deputy commissioner; and

(b)is taken to be a deputy commissioner for all purposes relating to this Act.

27Preservation of rights of commissioner and deputy commissioners

(1)This section applies if a person who is a public service officer is appointed as the commissioner or as a deputy commissioner.

(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner or as a deputy commissioner were a continuation of service as a public service officer.

(3)At the end of a person’s term of office or resignation as the commissioner or as a deputy commissioner, the person’s service as the commissioner or as a deputy commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.

28Delegations

(1)The commissioner may delegate any of the commissioner’s functions under this Act or another Act to a deputy commissioner.

(2)The commissioner may delegate any of the commissioner’s functions under this Act or another Act, other than section 38, 39, 40 or 42, to an appropriately qualified person, including an employee of the commission or of a department.

(3)A person delegated a function under subsection (2) may subdelegate the function to an appropriately qualified person.

(4)In this section—

function includes power.

29Assessment of approval applications

(1)The commission must assess an approval application referred under the Racing Act, section 13(1)(b), to the commission.

(2)The commission must prepare and give to the Minister a report relating to the approval application that includes the following matters—

(a)whether the commission is reasonably satisfied the applicant for the approval application is suitable to be an approved control body;

(b)whether the commission is reasonably satisfied the commission can adequately regulate the activities relating to the proposed code of racing for the approval application, including licensing participants and appointing stewards to be in charge of race meetings for the code;

(c)whether the commission is reasonably satisfied the commission can license persons who would become racing bookmakers for the proposed code of racing;

(d)whether the applicant’s draft strategic plan and operation plan that, under the Racing Act, section 11, accompanied the approval application have satisfied all relevant operational and integrity matters associated with the applicant becoming an approved control body;

(e)any submissions given to the commission under the Racing Act, section 15(1) about the approval application, and the commission’s assessment of and response to the submissions;

(f)any other matter relating to the approval application that, in the commission’s opinion, may impact on the applicant’s suitability as a control body.

(3)If the commission is given a submission about the approval application as mentioned in subsection (2)(e), the commission must give the chief executive (racing) a copy of it.

30Assessment if 2 or more approval applications

(1)This section applies if—

(a)there are 2 or more approval applications for approval as the control body for a code of racing; and

(b)the chief executive (racing) calls a meeting of the approval applicants under the Racing Act, section 17(1); and

(c)there is no mediated agreement supported by all of the approval applicants.

(2)The commission must prepare and give to the Minister a single report relating to each of the approval applications that includes the following matters—

(a)the matters mentioned in section 29 for each approval application;

(b)an assessment about the merits of each approval application compared to the other approval applications;

(c)the commission’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code of racing, having regard to the matters mentioned in section 31.

31Assessing applicants for approval applications

(1)This section applies to the commission in assessing an approval application as mentioned in section 29.

(2)The commission must decide whether the applicant for the approval application is suitable to be approved as the control body for the proposed code of racing.

(3)For subsection (2), the commission must have regard to and, if necessary, investigate—

(a)the approval application, matters accompanying or included in the approval application as mentioned in the Racing Act, section 11, and evidence given by the approval applicant in support of the application about the matters mentioned in section 12 of that Act; and

(b)the suitability of every business associate and executive associate of the applicant to be associated with the applicant as a control body; and

(c)if the approval applicant has a business association with another entity—the entity’s character or business reputation.

(4)In deciding about the suitability of a business associate or executive associate of the applicant, the commission must have regard to and, if necessary, investigate—

(a)the associate’s character or business reputation; and

(b)if the associate has a business association with another entity—the entity’s character or business reputation.

32Commission may require further information or documents

(1)For an investigation under section 31 relating to an approval application, the commission may, by notice given to the applicant for the approval application, require the applicant to give the commission further information or a document relating to any of the following within the reasonable period stated in the notice—

(a)the approval application;

(b)the applicant;

(c)a business associate or executive associate of the applicant;

(d)an entity with which the applicant has a business association.

(2)For an investigation under section 31 relating to a business associate or executive associate of an applicant, the commission may, by notice given to the associate and a copy of the notice given to the applicant, require the associate to give the commission information or a document relating to the following within the reasonable period stated in the notice—

(a)the association with the applicant;

(b)an entity with which the associate has a business association.

(3)When making the requirement, the commission must warn the applicant and associate that the approval application will not be considered further until the requirement is complied with.

33Investigations into suitability of a control body

The commission may investigate a control body to find out whether it is suitable under this Act to continue to manage its code of racing.

34Investigation into suitability of associate of control body

The commission may investigate a control body associate to decide whether the associate is a suitable person to be, or to continue to be, associated with the control body’s operations.

35Requirement to give information or document for investigation

(1)In investigating a control body or a control body associate, the commission may, by notice given to the control body or the associate, require the control body or associate to give the commission information or a document the commission reasonably believes relevant to the investigation.

(2)The notice must include—

(a)the reasonable period within which the control body or control body associate must comply with the requirement; and

(b)a warning that it is an offence to fail to comply with the requirement, unless the control body or associate has a reasonable excuse.

(3)If the requirement is made of a control body associate, the commission must give a copy of the notice to the control body.

36Failure to give information or document for investigation

(1)A person to whom a notice is given under section 35(1) must comply with the requirement in the notice within the period stated in the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.

(3)The person does not commit an offence against this section if the information or document sought by the commission is not in fact relevant to the investigation.

37Criminal history report for investigation

(1)If the commission, in investigating a person under section 33 or 34, asks the police commissioner for a written report on the person’s criminal history, the police commissioner must give the report to the commission.

(2)The report is to contain—

(a)the person’s criminal history; and

(b)a brief description of the circumstances of a conviction mentioned in the person’s criminal history.

(3)However, the duty imposed on the police commissioner applies only to information in the police commissioner’s possession or to which the police commissioner has access.

38Powers for audits and investigations

(1)If the commission is conducting an audit or investigation, the commissioner may—

(a)act in the absence of a person who has been given reasonable notice of the audit or investigation; and

(b)receive evidence on oath or affirmation or by statutory declaration; and

(c)disregard a minor defect, error, omission or insufficiency in a document.

(2)The commissioner may administer an oath or affirmation to a person appearing as a witness before the commissioner.

39Power to require attendance and giving of evidence

(1)If the commissioner reasonably believes a person has information relevant to an audit or investigation, the commissioner may, by notice given to the person, require the person to attend before the commissioner to answer questions relevant to the audit or investigation.

(2)The notice must state—

(a)the place at which the person must attend; and

(b)a reasonable time at which, or a reasonable period for which, the person must attend.

(3)The notice may require the person to give evidence on oath or affirmation.

40Power to require information, document or thing

(1)If the commissioner reasonably believes a person has information or a document or thing relevant to an audit or investigation, the commissioner may, by notice given to the person, require the person to—

(a)give the information to the commissioner in writing signed by the person or, in the case of a corporation, by an officer of the corporation; or

(b)produce the document or thing to the commissioner.

(2)The notice must state—

(a)the place at which the information, document or thing must be given or produced to the commissioner; and

(b)a reasonable time at which, or a reasonable period within which, the information, document or thing must be given or produced.

41Offences by witnesses

(1)A person who is given a notice under section 39 or 40 must not, without reasonable excuse—

(a)fail to attend as required by the notice; or

(b)fail to continue to attend as required by the commissioner until excused from further attendance; or

(c)fail to produce a document or thing the person is required to produce by the notice.

Maximum penalty—100 penalty units.

(2)A person appearing as a witness at the audit or investigation must not, without reasonable excuse—

(a)fail to take an oath or make an affirmation when required by the commissioner; or

(b)fail to answer a question the person is required to answer by the commissioner.

Maximum penalty—100 penalty units.

(3)A person appearing as a witness at the audit or investigation must not give the commissioner information the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(4)A person who is given a notice under section 40 must not give the commissioner information, or a document containing information, the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(5)Subsection (3) or (4) does not apply to a person who, when giving a document—

(a)tells the commissioner, to the best of the person’s ability, how the information is false or misleading; and

(b)if the person has, or can reasonably get, the correct information—gives the correct information to the commissioner.

42Power to refuse to investigate complaint

(1)This section applies if a person makes a complaint to the commission about a matter relevant to a code of racing.

(2)The commissioner may refuse to investigate the complaint or, having started to investigate the complaint, may refuse to continue the investigation if—

(a)the matter is being investigated by another entity; or

(b)the commissioner is reasonably satisfied—

(i)it is appropriate for another entity to investigate the matter; or

(ii)the complaint is about a frivolous matter or was made vexatiously.

(3)If the commissioner refuses to investigate or continue to investigate a complaint under subsection (2), the commissioner must prepare a report stating—

(a)the reasons the commissioner refused to investigate or to continue to investigate the complaint; and

(b)whether the commissioner is likely to investigate or continue to investigate the complaint in the future; and

(c)any other matter the commissioner considers reasonable to include in the report.

(4)The commissioner must give a copy of the report to the Minister.

43Quarterly reports

(1)The commission must give the Minister a report on its operations for each quarter in a financial year.

(2)A quarterly report must be given to the Minister—

(a)within 6 weeks after the end of the quarter; or

(b)if another period after the end of the quarter is agreed between the commission and the Minister—within the agreed period.

(3)A quarterly report must contain the information required to be given in the report under the commission’s operational plan.

(4)In this section—

quarter, in a financial year, means the following periods in the year—

(a)1 July to 30 September;

(b)1 October to 31 December;

(c)1 January to 31 March;

(d)1 April to 30 June.

44Commission to keep Minister informed

The commission must—

(a)keep the Minister reasonably informed of its operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and

(b)immediately inform the Minister of any matters that arise that, in the commission’s opinion, may—

(i)prevent, or significantly affect, achievement of the objectives in its strategic and operational plans; or

(ii)significantly impact on public confidence in the integrity of the Queensland racing industry.

45Reporting to department

(1)The Minister may act under this section for the purpose of monitoring, assessing or reporting on the commission’s performance of its functions.

(2)The Minister may require the commission to report to the department by, for example, giving stated information at stated times to the chief executive.

(3)The commission must comply with the requirement.

46Other reporting requirements

Sections 44 and 45 do not limit the matters of which the commission is required to keep the Minister informed, or limit the reports or information that the commission is required, or may be required, to give under another Act.

47Annual report

(1)The annual report for a financial year must contain details of the operations of the commission during the financial year.

(2)Without limiting subsection (1), the annual report must contain the following—

(a)a review of the work undertaken by the commission during the financial year; and

(b)proposals, if any, for improving the operations of the commission; and

(c)a forecast of the work of the commission for the following financial year.

(3)In this section—

annual report means the commission’s annual report under the Financial Accountability Act 2009 .

48Interaction with the Financial Accountability Act 2009

(1)If something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with this division is sufficient compliance with the Financial Accountability Act 2009 .

(2)Otherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009 .

(3)If there is an inconsistency between this division and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.

49Draft strategic and operational plans

(1)Before 31 March each year, the commission must prepare, and give to the Minister, a draft strategic plan and a draft operational plan for the next financial year.

(2)The commission and the Minister must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.

50Procedures

(1)The Minister may return the draft strategic or operational plan to the commission and ask the commission—

(a)to consider, or further consider, a stated thing and deal with the thing in the draft plan; and

(b)to revise the draft plan in the light of its consideration or further consideration.

(2)The commission must comply with the request as a matter of urgency.

(3)If the draft plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the commission—

(a)to take stated steps in relation to the draft plan; or

(b)to make stated modifications of the draft plan.

(4)The commission must immediately comply with the direction and include a copy of the direction in the plan.

51Strategic or operational plan pending agreement

(1)This section applies if the Minister and the commission have not agreed to the draft strategic or operational plan before the start of the relevant financial year.

(2)The draft plan given, or last given, by the commission to the Minister before the start of the financial year, with any modifications made by the commission, whether before or after that time, at the direction of the Minister, is taken to be the commission’s strategic or operational plan.

(3)Subsection (2) applies until a draft strategic or operational plan becomes the commission’s strategic or operational plan under section 52.

52Strategic or operational plan on agreement

When the draft strategic or operational plan has been agreed to in writing by the Minister, it becomes the commission’s strategic or operational plan for the relevant financial year.

53Compliance with strategic and operational plans

The commission must comply with its strategic and operational plans for a financial year.

54Modifications of strategic or operational plan

(1)The commission may modify its strategic or operational plan only with the written agreement of the Minister.

(2)The Minister may, by written notice, direct the commission to modify its strategic or operational plan.

55Content of strategic and operational plans

(1)The commission’s strategic plan for a financial year must include the matters prescribed by regulation.

(2)The commission’s operational plan for a financial year must include the matters prescribed by regulation.

56Funding

(1)The cost of the performance of the commission’s functions is to be funded mainly by the control bodies.

(2)The chief executive must—

(a)decide the amount a control body must pay from time to time towards the cost of the performance of the commission’s functions; and

(b)give the control body an invoice for the amount.

(3)The amount of the invoice is payable 28 days after the control body receives the invoice.

57Recovery of unpaid amounts

If a control body does not pay an amount payable under section 56(3), the State may recover the amount from the control body as a debt.

58Purposes of chapter

(1)The main purposes of this chapter are to provide for the way the commission may perform its functions in relation to—

(a)each code of racing; and

(b)licensed clubs.

(2)Generally, the commission performs its functions by—

(a)making standards for each code of racing, particularly about the licensing scheme for controlling activities relating to animals, clubs, participants and venues and about the way in which races are to be held for the code of racing; and

(b)giving directions to licensed clubs and ensuring compliance by taking disciplinary action relating to the licence of a club that does not comply with a direction.

(3)The standards ensure there is guidance for persons involved in the code of racing and transparent decision-making relating to matters dealt with by the standards.

(4)This chapter also provides for offences relevant to matters dealt with in the chapter.

59Standards for codes of racing

(1)The commission may make a standard for a code of racing if—

(a)the standard is required under this Act or a Ministerial direction; or

(b)the commission reasonably believes it is good management to have the standard.

(2)A regulation may prescribe that the commission must make a standard for a particular matter and the provisions to be included in the standard for the matter.

60Form of standards

(1)A standard must state the following—

(a)its name;

(b)the day the commission made the standard;

(c)the day it takes effect;

(d)its purpose;

(e)who will be affected by it;

(f)how the commission will make decisions about matters provided for by the standard;

(g)whether the standard will provide for matters about rules of racing.

(2)The commission makes a standard when the standard is approved by the commissioner.

(3)A standard can not take effect on a day earlier than the day the commissioner approves the standard.

(4)If the commission wishes to amend a standard, it must make a new standard.

61Availability of standards

(1)The commission must ensure each standard is publicly available.

(2)Without limiting subsection (1), the commission must, for each of the standards—

(a)give a copy of the standard to the chief executive within 14 days after it makes the standard; and

(b)make the standard available for inspection, free of charge, at its business address during its ordinary office hours and on its website; and

(c)if a person asks for a copy of the standard, give the person a copy on payment of a fee that is no more than the reasonable cost of providing the copy.

62Application of standards

To remove any doubt, it is declared that a standard may apply to an animal, club, participant or venue even though it was not licensed when the standard was made.

63Standards are statutory instruments

A standard is a statutory instrument.

64Purposes of licensing schemes

The purposes of the licensing scheme for a code of racing are to ensure—

(a)the integrity of racing activities conducted as part of the code; and

(b)the safety of persons involved in racing or training licensed animals; and

(c)the welfare of licensed animals while involved in racing or training, or activities associated with racing or training.

65Developing standards for a licensing scheme

In developing the standard for a licensing scheme for a code of racing, the commission must consider the privileges and duties that are to attach to a licence it issues and other matters relevant to an effective licensing scheme.

66Standards for a licensing scheme—mandatory matters

(1)The standard for a licensing scheme must provide for all of the following matters—

(a)the licences the commission may issue for each code of racing, including identifying the activities for which a licence is required;

(b)the way a person may apply for a licence, having regard to section 68;

(c)the criteria for each type of licence, including appropriate qualifications for, and disqualifications from, obtaining the licence;

(d)the way the commission will deal with an application for a licence, including the applicant’s right to make further submissions relating to the application;

(e)the grant, issue and form of a licence, including, for example, whether the licence is to include a photograph of the licensee;

(f)the giving of an information notice about a decision relating to an application;

(g)the duration of a licence, its renewal and the procedure for surrendering it;

(h)how and when the suitability of licensed animals, clubs, participants and venues will be audited to decide if a licensed animal, club, participant or venue continues to be suitable to be licensed;

(i)the grounds for taking disciplinary action relating to a licence in relation to matters dealt with in the rules of racing for the code of racing for which the licence is issued or as mentioned in subsection (3);

(j)when and how a licence may be immediately suspended to protect the safety of persons or welfare of animals;

(k)how disciplinary action relating to a licence, other than immediate suspension, must be taken, including the following—

(i)the procedure for giving a licence holder notice of the grounds for taking the disciplinary action;

(ii)the proposed action;

(iii)the way the licence holder may make submissions about the proposed action;

(l)keeping a register of licences and correcting the register;

(m)exhibiting and producing a licence;

(n)replacing a lost licence;

(o)requiring a licence holder to give the commission notice of—

(i)a change of address; or

(ii)a change to the place for the keeping of a licensed animal; or

(iii)if the licence holder is a corporation—a change to the corporation’s executive officers;

(p)serving notices on licence holders.

(2)The standard for a licensing scheme relating to licensed clubs must provide that when auditing a licensed club, the commission must have regard to the following matters for a period stated in the standard—

(a)the number of race meetings allotted to the licensed club;

(b)the number of races held at each race meeting;

(c)the number of licensed animals in each race.

(3)The standard for a licensing scheme relating to licensed animals, clubs, participants and venues must provide that, after auditing a licensed animal, club, participant or venue, if the commission is not satisfied it is suitable to continue to be licensed, the commission must take disciplinary action relating to the licence.

(4)This section does not limit section 65.

67Standards for a licensing scheme—discretionary matters

(1)The standard for a licensing scheme may provide for the following matters—

(a)whether an applicant for a licence is required to give notice about the application by advertisement in a newspaper, in another publication or by a sign placed on land, because of the particular nature of the licence;

(b)whether there is provision for provisional or temporary licences;

(c)the attaching of conditions to the grant of a licence, including, for example, that the licence may allow access to the licence holder’s place of business or where a licensed animal is kept.

(2)The standard for a licensing scheme may also provide for matters relating to an offcourse approval held by a racing bookmaker that are relevant to an effective licensing scheme.

(3)This section does not limit section 65.

68Application for licence

(1)The standard for a licensing scheme must require a person who wishes to obtain a licence for an animal, club, participant or venue (the proposed licensee) to apply for the licence in the approved form.

(2)To the extent it is relevant to the application for the licence, the application must include all of the following—

(a)the type of licence applied for;

(b)the type of work or activity to be performed by the proposed licensee;

(c)particulars of the proposed licensee;

(d)if the proposed licensee is an individual—appropriate training courses completed, or appropriate experience obtained, by the proposed licensee.

(3)The standard for a licensing scheme relating to the licensing of a club must provide for all of the following—

(a)for the club’s application to be accompanied by a copy of a national police certificate for each executive officer of the applicant;

(b)the application can not be granted if an executive officer of the applicant has a conviction for any of the following, other than a spent conviction—

(i)an offence against this Act, the Racing Act or the repealed Racing and Betting Act 1980 ;

(ii)an indictable offence, or a summary offence that involved dishonesty, fraud, stealing or unlawful betting, under any other Act or repealed Act;

(iii)an offence against a law of another State, that is prescribed by regulation as a law about racing or betting;

(c)the extent to which the commission must have regard to another conviction stated on the national police certificate other than a conviction mentioned in paragraph (b).

(4)The standard for a licensing scheme may require an application for a licence, other than a licence for a club, to be accompanied by a copy of a national police certificate for—

(a)if the applicant is an individual—the individual; or

(b)if the applicant is a corporation—each executive officer of the corporation.

(5)If a national police certificate is required under subsection (4), the commission may consider all convictions stated in the national police certificate as relevant to the application for the licence.

(6)In this section—

national police certificate means a document known as a national police certificate and available from the police commissioner.

69Licences may not be transferred

The standard for a licensing scheme must not allow a person who is licensed to transfer the licence to another person.

70Same animal, participant or venue may be licensed for multiple codes of racing

This Act does not prevent an animal, participant or venue licensed for a code of racing being licensed for another code of racing.

71Grounds for cancellation or suspension

(1)Each of the following is a ground for cancelling or suspending a licensed club’s licence—

(a)the club is not complying, or has not complied, with a direction of the commission, or a control body direction under the Racing Act, given to the club;

Note—

See, however, section 15.

(b)a ground that another provision of this Act states is a ground for cancelling or suspending a licensed club’s licence;

Note—

See section 78.

(c)for a non-proprietary club—the club contravened the Racing Act, section 112 or 113.

(2)Subsection (1) does not limit the grounds that, under the rules of racing for a code of racing about disciplinary action, may be grounds for taking disciplinary action relating to a licensed club’s licence.

(3)In this section—

non-proprietary club means a club with a constitution that does both of the following—

(a)provides for the application of all of the club’s profits and other income to the promotion of the club’s objects;

(b)prohibits the payment of dividends to the members of the club.

72Show cause notice

(1)If the commission reasonably believes a ground exists to cancel or suspend a licensed club’s licence as mentioned in section 71(1), the commission must, subject to section 75(1)(a), give the club a notice (a show cause notice).

(2)The show cause notice must state the each of the following—

(a)the action the commission proposes taking under this part (the proposed action);

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)if the proposed action is to suspend the licence—the proposed suspension period;

(e)an invitation to the club to show within a stated period (the show cause period) why the proposed action should not be taken.

(3)The show cause period must end at least 28 days after the club is given the show cause notice.

73Submissions about show cause notice

(1)The licensed club may, in the show cause period, make submissions to the commission about the show cause notice.

(2)The commission must consider the submissions.

74Immediate suspension of licensed club’s licence

(1)The commission may suspend the licensed club’s licence immediately if the commission reasonably believes—

(a)a ground exists to cancel or suspend the licence; and

(b)the circumstances are so extraordinary that it is imperative to suspend the licence immediately to ensure—

(i)the public interest is not affected in an adverse and material way; or

(ii)the conduct of racing by the club is not jeopardised in a material way.

(2)The suspension—

(a)can be effected only by the commission giving the club an information notice about the decision to suspend its licence, together with a show cause notice; and

(b)operates immediately the information notice is given to the club; and

(c)continues to operate until the show cause notice is finally dealt with.

75Censuring licensed club

(1)The commission may censure a licensed club if the commission—

(a)reasonably believes a ground exists to cancel or suspend the club’s licence but does not believe that giving a show cause notice to the club is warranted; or

(b)after considering the submissions for a show cause notice, still believes a ground exists to cancel or suspend the licensed club’s licence but does not believe its cancellation or suspension is warranted.

(2)The censure can be effected only by the commission giving the club an information notice about the decision to censure it.

76Direction to licensed club to rectify matter

(1)This section applies if, after considering the submissions for a show cause notice, the commission—

(a)still believes a ground exists to cancel or suspend the licensed club’s licence; and

(b)reasonably believes a matter relating to the ground to cancel or suspend the licence is capable of being rectified and it is appropriate to give the club an opportunity to rectify the matter.

(2)The commission may direct the club to rectify the matter.

(3)The direction can be effected only by the commission giving the club an information notice about the decision to give the direction to it, including the period for rectifying the matter.

(4)The period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified.

(5)A licensed club must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse.

Maximum penalty—400 penalty units.

(6)The licensed club can not be prosecuted, or have its licence cancelled or suspended, for the ground giving rise to the information notice unless the club—

(a)fails to comply with the notice within the period stated in the notice as the period for rectifying the matter; and

(b)does not have a reasonable excuse for failing to comply with the notice.

(7)The commission’s power to give a direction to a licensed club under another provision of this Act is not limited by the commission’s power to give a direction under this section.

77Cancellation or suspension

(1)Subject to section 76(6), this section applies if—

(a)there are no submissions for a show cause notice; or

(b)after considering the submissions for a show cause notice, the commission still believes the ground exists to cancel or suspend the licensed club’s licence.

(2)The commission may—

(a)if the proposed action was to cancel the licence—

(i)cancel the licence; or

(ii)suspend the licence for a period; or

(b)if the proposed action was to suspend the licence—suspend the licence for a period not longer than the proposed suspension period.

(3)If the commission decides to take action under subsection (2), the commission must immediately give the licensed club an information notice about the decision.

(4)If the decision is that the licence is cancelled or suspended, the information notice must include a direction to the club to return the licence to the commission, within 14 days after receiving the notice, for relevant action by the commission.

(5)The decision takes effect on the later of the following—

(a)the day the licensed club is given the information notice;

(b)the day of effect stated in the information notice.

78Contravention by licensed club constitutes a ground for disciplinary action

(1)If a licensed club contravenes a provision of this part or an obligation provision, the contravention constitutes a ground for cancelling or suspending the licensed club’s licence.

(2)For subsection (1), it is immaterial whether the licensed club is prosecuted for an offence constituted by the contravention.

(3)This part and an obligation provision do not limit the matters that the standard about the licensing scheme for the code of racing that applies to the club may provide is a ground for disciplinary action relating to the licence of the club.

(4)In this section—

obligation provision means the Racing Act, section 110, 112, 113 or 113AA.

79Licensed club to hold race and betting meeting at licensed venue

(1)A licensed club must not hold a contest, contingency or event in which 2 or more animals compete against each other for the purpose of providing a contest, contingency or event on which bets may be made unless—

(a)the contest, contingency or event is held at a licensed venue of the licensed club; and

(b)the control body for the code of racing for which the club and venue are licensed is managing the venue at the time; and

(c)the commission is exercising control at the venue at the time.

Maximum penalty—200 penalty units.

(2)A licensed club must not hold a meeting at which betting is carried on and at which a race is not held unless—

(a)the meeting is held at a licensed venue of the licensed club; and

(b)the control body for the code of racing for which the club and venue are licensed is managing the venue at the time; and

(c)the control body for the code of racing for which the club and venue are licensed is managing the venue at the time; and

Maximum penalty—200 penalty units.

80Requirement to hold racing bookmaker’s licence or approval

(1)A person must not carry on bookmaking for a code of racing at any time at a licensed venue unless—

(a)the person is a racing bookmaker for the code of racing; and

(b)the control body for the code of racing is managing the venue at the time; and

(c)the commission is exercising control at the venue at the time.

Maximum penalty—600 penalty units.

(2)A person must not carry on bookmaking at a place unless—

(a)the person is a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place; and

(b)the place is an approved place for the offcourse approval.

Maximum penalty—600 penalty units.

(3)A racing bookmaker for a code of racing who is an individual must, unless the individual has a reasonable excuse, have the individual’s licence with the individual at all times the individual is carrying on bookmaking at a licensed venue when—

(a)the control body for the code of racing is managing the venue; and

(b)the commission is exercising control at the venue.

Maximum penalty—40 penalty units.

(4)A racing bookmaker who is an individual and holds an offcourse approval for carrying on bookmaking at an approved place must have the individual’s approval with the individual at all times the individual is carrying on bookmaking at the approved place, unless the individual has a reasonable excuse.

Maximum penalty—40 penalty units.

(5)A licensed executive officer of a corporation that is a racing bookmaker for a code of racing must, unless the officer has a reasonable excuse, have the corporation’s licence, or a certified copy of the corporation’s licence, with the officer at all times the officer is carrying on bookmaking for the corporation at a licensed venue when—

(a)the control body for the code of racing is managing the venue; and

(b)the commission is exercising control at the venue.

Maximum penalty—40 penalty units.

(6)A licensed executive officer of a corporation that is a racing bookmaker and holds an offcourse approval for carrying on bookmaking at an approved place must have the corporation’s approval, or a certified copy of the corporation’s approval, with the officer at all times the officer is carrying on bookmaking for the corporation at the approved place, unless the officer has a reasonable excuse.

Maximum penalty—40 penalty units.

81Requirement for racing bookmaker to hire licensed clerk

(1)A racing bookmaker for a code of racing must not, at a licensed venue, employ someone else in the conduct of the racing bookmaker’s business unless—

(a)the other person is a racing bookmaker’s clerk; and

(b)the control body for the code of racing is managing the venue at the time; and

(c)the commission is exercising control at the venue at the time.

Maximum penalty—200 penalty units.

(2)A racing bookmaker for a code of racing who holds an offcourse approval for carrying on bookmaking at an approved place must not, at the approved place, employ someone else in the conduct of the racing bookmaker’s business unless the other person is a racing bookmaker’s clerk for that code of racing.

Maximum penalty—200 penalty units.

(3)A racing bookmaker that is a corporation does not commit an offence against subsection (1) or (2) merely because a licensed executive officer of the corporation carries on bookmaking for the corporation.

82Requirement to hold licence as racing bookmaker’s clerk

(1)A person must not be employed by a racing bookmaker for a code of racing at a licensed venue in the conduct of the racing bookmaker’s business unless the person—

(a)is a racing bookmaker’s clerk for the code of racing; or

(b)if the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation.

Maximum penalty—200 penalty units.

(2)A person must not be employed by a bookmaker for a code of racing who holds an offcourse approval for carrying on bookmaking at an approved place in the conduct of the racing bookmaker’s business unless the person—

(a)is a racing bookmaker’s clerk for the code of racing; or

(b)if the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation.

Maximum penalty—200 penalty units.

(3)A racing bookmaker’s clerk at a licensed venue must have the person’s licence with the person at all times the person is employed by a racing bookmaker in the conduct of the racing bookmaker’s business at the licensed venue, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(4)Subsection (5) applies in relation to a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place.

(5)A person who is a racing bookmaker’s clerk at the approved place must have the person’s licence with the person at all times the person is employed by the racing bookmaker in the conduct of the racing bookmaker’s business at the approved place, unless the person has a reasonable excuse.

Maximum penalty for subsection (5)—40 penalty units.

83Requirement to produce licence or approval

(1)A racing bookmaker who is an individual and who is, or appears to be, carrying on bookmaking at a licensed venue must produce the person’s licence to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)Subsection (3) applies to a racing bookmaker who—

(a)is an individual; and

(b)holds an offcourse approval for carrying on bookmaking at an approved place; and

(c)is, or appears to be, carrying on bookmaking at the approved place.

(3)The racing bookmaker must produce the person’s offcourse approval to an official of the commission if asked to do so by the official, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(4)A licensed executive officer of a corporation that is a racing bookmaker and who is, or appears to be, carrying on bookmaking for the corporation at a licensed venue must produce the corporation’s licence, or a certified copy of the corporation’s licence, to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the officer has a reasonable excuse.

Maximum penalty—40 penalty units.

(5)Subsection (6) applies to a licensed executive officer of a corporation that is a racing bookmaker and holds an offcourse approval for carrying on bookmaking at an approved place and who is, or appears to be, carrying on bookmaking for the corporation at the approved place.

(6)The executive officer must produce the corporation’s approval, or a certified copy of the corporation’s approval, to an official of the commission if asked to do so by the official, unless the officer has a reasonable excuse.

Maximum penalty—40 penalty units.

(7)A racing bookmaker’s clerk who is, or appears to be, employed in the conduct of a racing bookmaker’s business at a licensed venue must produce the person’s licence to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(8)Subsection (9) applies in relation to a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place.

(9)A racing bookmaker’s clerk who is, or appears to be, employed in the conduct of the racing bookmaker’s business at the approved place must produce the person’s licence to an official of the commission if asked to do so by the official, unless the person has a reasonable excuse.

Maximum penalty for subsection (9)—40 penalty units.

84Requirement for commission to ensure particular persons have current licences

The commission must ensure that, unless a person has a current appropriate licence with the person at the time, the person is not permitted, at any time, to carry on bookmaking for a code of racing, or to be employed by a racing bookmaker for a code of racing in the conduct of a racing bookmaker’s business, at a race meeting held at a licensed venue when—

(a)the control body for the code of racing is managing the venue; and

(b)the commission is exercising control at the venue.

85Unlawful bookmaking by racing bookmaker

(1)A racing bookmaker for a code of racing must not carry on bookmaking at a place unless—

(a)when the racing bookmaker carries on the bookmaking, the place is a licensed venue managed by the control body for the code of racing and at which the commission is exercising control; and

(b)at the place when the racing bookmaker is carrying on bookmaking—

(i)a race meeting is being held under this Act; and

(ii)betting with racing bookmakers may take place, under a direction given by the steward who is in charge of the race meeting.

Maximum penalty—600 penalty units or 2 years imprisonment.

(2)However, a racing bookmaker does not commit an offence against subsection (1) if—

(a)the racing bookmaker holds an offcourse approval for carrying on bookmaking at an approved place; and

(b)the place where the racing bookmaker carries on bookmaking is an approved place for the offcourse approval; and

(c)the bookmaking is carried on at the place at a time permitted under the offcourse approval.

86Requirements for betting by racing bookmakers

(1)This section applies to a racing bookmaker at a race meeting held at a licensed venue (the first venue) when—

(a)a control body (the first control body) is managing the venue; and

(b)the commission is exercising control at the venue.

(2)The racing bookmaker must not make a bet on a contest, contingency or event other than—

(a)a race to be decided at the first venue; or

(b)a race to be decided at another race meeting at another licensed venue managed by a control body and at which the commission is exercising control; or

(c)a sporting contingency declared, under section 158, by the first control body as a declared sporting contingency; or

(d)a contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the first control body has entered into an arrangement as mentioned in the Racing Act, section 34(2)(k) and at which the commission is exercising control.

Maximum penalty—400 penalty units.

(3)Subject to section 152, the racing bookmaker must not make a bet with a person who is not present at the first venue at the time the bet is made.

Maximum penalty—400 penalty units.

87Special requirements for betting by racing bookmaker who holds offcourse approval

A racing bookmaker for a code of racing who holds an offcourse approval must not make a bet on a contest, contingency or event other than—

(a)a race to be decided at a race meeting at a licensed venue managed by the control body for the code of racing and at which the commission is exercising control; or

(b)a sporting contingency declared, under section 158, by the control body for that code of racing as a declared sporting contingency; or

(c)a contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the control body for the code of racing has entered into an arrangement as mentioned in the Racing Act, section 34(2)(k) and at which the commission is exercising control.

Maximum penalty—400 penalty units.

88Applicant for racing bookmaker’s licence to hold eligibility certificate

An applicant for a racing bookmaker’s licence must be a certificate holder.

89What corporate licence must include

(1)This section applies to a racing bookmaker’s licence for a corporation.

(2)The licence must state the name of each executive officer of the corporation who may carry on bookmaking for the corporation under the licence.

(3)The commission must not, under subsection (2), state an executive officer’s name in the licence unless the executive officer—

(a)is identified under section 105(2) in the eligibility certificate for the corporation; and

(b)is a person whom the commission reasonably believes has the experience and knowledge necessary to properly carry on bookmaking for the corporation under the licence.

90Suitability of applicants for eligibility certificate

(1)This section applies to the gaming executive in deciding whether an applicant for an eligibility certificate is a suitable person to hold an eligibility certificate.

(2)The gaming executive may have regard to all of the following matters—

(a)the applicant’s character or business reputation;

(b)the applicant’s current financial position and financial background;

(c)if the applicant has a business association with another entity—

(i)the other entity’s character or business reputation; and

(ii)the other entity’s current financial position and financial background;

(d)if the applicant is a corporation—the persons who have a substantial holding in the applicant, or in a corporation that is a holding company of the applicant.

Note—

See also section 98(2) which provides that an applicant for an eligibility certificate is not a suitable person to hold an eligibility certificate if the applicant, or a business associate or executive associate of the applicant, is an identified participant in a criminal organisation.

91Suitability of associates

(1)This section applies to the gaming executive in deciding whether a business associate or executive associate of an applicant for an eligibility certificate is a suitable person to be associated with the applicant.

(2)The gaming executive may have regard to all of the following matters—

(a)the associate’s character or business reputation;

(b)the associate’s current financial position and financial background;

(c)f the associate has a business association with another entity—

(i)the other entity’s character or business reputation; and

(ii)the other entity’s current financial position and financial background;

(d)if the associate is a corporation—the persons who have a substantial holding in the associate, or in a corporation that is a holding company of the associate.

92Other matters about suitability

Sections 90 and 91 do not limit the matters the gaming executive may have regard to in deciding matters to which the sections relate.

93Application for eligibility certificate

An application for an eligibility certificate may be made only by an adult or a corporation.

94Requirements about applications

(1)An application for an eligibility certificate must be—

(a)made to the gaming executive; and

(b)in the gaming executive form.

(2)The application must be accompanied by—

(a)the application fee prescribed by regulation; and

(b)if the applicant is an individual—a consent, in the gaming executive form, signed by the individual for the following—

(i)the individual’s fingerprints to be taken for the gaming executive;

(ii)information about the individual to be obtained by the gaming executive;

(iii)the individual’s background to be investigated by the gaming executive; and

(c)if the applicant is a corporation—a consent, in the gaming executive form, signed by each person the applicant considers is a business associate or executive associate of the corporation for each of the following—

(i)if the associate is an individual—the associate’s fingerprints to be taken for the gaming executive;

(ii)information about the associate to be obtained by the gaming executive;

(iii)the associate’s background to be investigated by the gaming executive; and

(d)if the applicant is a corporation—the corporation’s agreement to obtain a consent of the type mentioned in paragraph (c) for a person whom the gaming executive reasonably believes to be a business associate or executive associate of the corporation but whose consent does not accompany the application.

95Further information or documents to support application

(1)The gaming executive may, by notice given to the applicant, require the applicant to give the gaming executive, within the reasonable period of at least 28 days stated in the notice, further information or a document the gaming executive reasonably requires to decide the application.

(2)When making the requirement, the gaming executive must warn the applicant that the application for the eligibility certificate will not be considered further until the requirement is complied with unless the person has a reasonable excuse for the failure to comply.

96Taking fingerprints

(1)On receipt of the application, and compliance by the applicant with this part in relation to the application, the gaming executive must—

(a)for an application by an individual—cause the fingerprints to be taken of the applicant; and

(b)for an application by a corporation—cause the fingerprints to be taken of each of the business associates and executive associates of the applicant, who is an individual.

(2)The gaming executive may also cause the fingerprints to be taken of an individual who has consented, as mentioned in section 94(2)(d), to the individual’s fingerprints being taken.

(3)However, if the gaming executive is satisfied an individual’s fingerprints are already held by the gaming executive, the gaming executive need not cause the individual’s fingerprints to be taken under this section.

97Consideration of application

(1)The gaming executive must consider the application and either grant or refuse to grant the application.

(2)However, the gaming executive is not required to decide the application if—

(a)the gaming executive has given a person a notice under section 95 or 102 relating to the application requiring the person to give the gaming executive information or a document as stated in the section; and

(b)the person has failed, without reasonable excuse, to comply with the requirement within the period stated in the notice.

98Conditions for granting application

(1)The gaming executive may grant the application only if the gaming executive is satisfied—

(a)the applicant is a suitable person to hold an eligibility certificate; and

(b)each business associate and executive associate of the applicant is a suitable person to be associated with the applicant.

(2)An applicant is not a suitable person to hold an eligibility certificate if—

(a)the applicant is an identified participant in a criminal organisation; or

(b)a business associate or executive associate of the applicant is—

(i)if the associate is an individual—an identified participant in a criminal organisation; or

(ii)if the associate is a corporation—a criminal organisation; or

(c)the applicant is an unsuitable corporation.

99Investigation of suitability of persons

(1)The gaming executive may investigate the applicant to help the gaming executive decide whether the applicant is a suitable person to be a certificate holder.

(2)The gaming executive may investigate a business associate or executive associate of the applicant to help the gaming executive decide whether the associate is a suitable person to be associated with the applicant.

(3)The gaming executive may investigate an executive officer of the holder of an eligibility certificate for the purpose of deciding whether to grant a request made under section 109.

100Information about whether persons are identified participants in criminal organisations

(1)The gaming executive must ask the police commissioner if an applicant or certificate holder—

(a)is an identified participant in a criminal organisation; or

(b)has a business associate or executive associate who is—

(i)if the associate is an individual—an identified participant in a criminal organisation; or

(ii)if the associate is a corporation—a criminal organisation; or

(c)if the certificate holder, business associate or executive associate is a corporation—is an unsuitable corporation.

(2)The police commissioner must give the gaming executive the information requested under subsection (1).

(3)The gaming executive may use the advice given by the police commissioner only for—

(a)deciding an application for an eligibility certificate; or

(b)deciding whether an eligibility certificate should be cancelled.

101Criminal history reports for investigations

(1)If the gaming executive, in investigating a person under section 99, asks the police commissioner for a written report on the person’s criminal history, the commissioner must give the report to the gaming executive.

(2)The report is to contain—

(a)the person’s criminal history; and

(b)a brief description of the circumstances of a conviction mentioned in the person’s criminal history.

(3)However, the duty imposed on the commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.

102Requirement of associate to give information or document for investigation

(1)In investigating a business associate or executive associate of an applicant, the gaming executive may, by notice given to the associate, require the associate to give the gaming executive, within the reasonable period of at least 28 days stated in the notice, information or a document the gaming executive reasonably believes is relevant to the investigation.

(2)When making the requirement, the gaming executive must—

(a)warn the associate that the application for the eligibility certificate will not be considered further until the requirement is complied with; and

(b)give a copy of the notice to the applicant.

103Requirement of commission to give information or document for investigation

In investigating an applicant, or a business associate or executive associate of an applicant, the gaming executive may, by notice given to the commission, require the commission to give the gaming executive, within the reasonable period of at least 28 days stated in the notice, information or a document the gaming executive reasonably believes is relevant to the investigation.

104Decision on application

(1)If the gaming executive grants an application for an eligibility certificate, the gaming executive must give the applicant the certificate.

(2)If the gaming executive refuses to grant an application for an eligibility certificate, the gaming executive must give the applicant an information notice about the decision.

(3)The Acts Interpretation Act 1954 , section 27B, does not apply to the information notice to the extent to which the decision is the result of advice given by the police commissioner to the gaming executive under section 100.

105Form of eligibility certificate

(1)An eligibility certificate is to be in the gaming executive form.

(2)An eligibility certificate for a corporation must identify the corporation’s executive officers who have been investigated by the gaming executive and have been found suitable to be associated with the certificate holder.

106Period for which eligibility certificate has effect

An eligibility certificate continues to have effect until the earliest of the following happens—

(a)the certificate lapses under section 107(3);

(b)the certificate is cancelled under section 123;

(c)a surrender of the certificate takes effect under section 128.

107Day by which certificate holder must apply for racing bookmaker’s licence

(1)An eligibility certificate must state the day by which the certificate holder stated in the certificate must apply for a licence as a racing bookmaker.

(2)The day must be at least 2 months after the day the certificate is given to the certificate holder.

(3)If the certificate holder does not apply to the commission for a racing bookmaker’s licence before the day stated in the certificate, the certificate lapses at the end of the day stated in the certificate.

108Corporate certificate holder must advise gaming executive of change in executive officers or persons with substantial holdings

(1)This section applies to a certificate holder that is a corporation.

(2)Within 14 days after either of the following changes, the certificate holder must give the gaming executive notice of the change—

(a)a change to the persons who are executive officers of the corporation;

(b)a change to the persons who have substantial holdings in the corporation, or a holding company of the corporation.

Maximum penalty—100 penalty units.

109Gaming executive may amend eligibility certificate to show change in executive officers

(1)This section applies if a certificate holder has given the gaming executive notice under section 108(2)(a) and asks the gaming executive to amend the eligibility certificate to omit or include an executive officer as a person who has been investigated by the gaming executive and been found suitable to be associated with the certificate holder.

(2)The gaming executive may comply with the request.

(3)However, the gaming executive must not include the name of an executive officer in the certificate unless the gaming executive has investigated the executive officer and found the person to be suitable to be associated with the certificate holder.

110Audit program

(1)The gaming executive may approve an audit program for investigating certificate holders, and the business associates and executive associates of certificate holders.

(2)The gaming executive is responsible for ensuring that investigations of certificate holders, and business associates and executive associates of certificate holders, are conducted under the audit program.

(3)A person may be investigated under an audit program only if there has not been an investigation of the person within the preceding 3 years.

111Investigations into suitability of certificate holder

(1)The gaming executive may investigate a certificate holder to find out whether the certificate holder is a suitable person to hold, or to continue to hold, an eligibility certificate.

(2)Subject to subsection (3), the gaming executive may investigate the certificate holder under this section only if—

(a)the gaming executive reasonably suspects the certificate holder is not, or is no longer, a suitable person to hold an eligibility certificate; or

(b)the investigation is made under an audit program approved by the gaming executive.

(3)The gaming executive may, at any time, ask the police commissioner whether the certificate holder—

(a)is an identified participant in a criminal organisation; or

(b)has a business associate or executive associate who is—

(i)if the associate is an individual—an identified participant in a criminal organisation; or

(ii)if the associate is a corporation—a criminal organisation; or

(c)if the certificate holder, business associate or executive associate is a corporation—is an unsuitable corporation.

(4)The police commissioner must give the gaming executive the information requested under subsection (3).

(5)The gaming executive may use the advice given by the police commissioner only for deciding whether an eligibility certificate should be cancelled.

112Investigation into suitability of associate of certificate holder

(1)The gaming executive may investigate a business associate or executive associate of a certificate holder to decide whether the associate is a suitable person to be, or to continue to be, associated with the certificate holder’s operations.

(2)Subject to subsection (3), the gaming executive may investigate a business associate or executive associate of a certificate holder under this section only if—

(a)the gaming executive reasonably suspects the associate is not, or is no longer, a suitable person to be associated with a certificate holder’s operations; or

(b)the investigation is part of an investigation under this division of the certificate holder in relation to whom the associate is a business associate or executive associate; or

(c)the investigation is made under an audit program approved by the gaming executive; or

(d)the person—

(i)became a business associate or executive associate of the certificate holder after the issue of the eligibility certificate to the certificate holder; or

(ii)has not been investigated previously under an audit program mentioned in paragraph (c).

(3)The gaming executive may, at any time, ask the police commissioner whether a business associate or executive associate of a certificate holder—

(a)is an identified participant in a criminal organisation; or

(b)has a business associate or executive associate who is—

(i)if the associate is an individual—an identified participant in a criminal organisation; or

(ii)if the associate is a corporation—a criminal organisation; or

(c)if the certificate holder, business associate or executive associate is a corporation—is an unsuitable corporation.

(4)The police commissioner must give the gaming executive the information requested under subsection (3).

(5)The gaming executive may use the advice given by the police commissioner only for deciding whether an eligibility certificate should be cancelled.

113Criminal history report for investigation

(1)If the gaming executive in investigating a person under section 111 or 112 asks the police commissioner for a written report on the person’s criminal history, the commissioner must give the report to the gaming executive.

(2)The report is to contain—

(a)the person’s criminal history; and

(b)a brief description of the circumstances of a conviction mentioned in the person’s criminal history.

(3)However, the duty imposed on the commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.

114Requirement to give information or document for investigation

(1)In investigating a certificate holder, or a business associate or executive associate of a certificate holder, the gaming executive may, by notice given to the person, require the person to give the gaming executive information or a document the gaming executive reasonably believes relevant to the investigation.

(2)The notice must state a reasonable period of at least 28 days within which the person must comply with the requirement.

(3)When making the requirement, the gaming executive must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

115Failure to give information or document for investigation

(1)A person of whom a requirement is made under section 114 must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.

(3)The person does not commit an offence against this section if the information or document sought by the gaming executive is not in fact relevant to the investigation.

116Gaming executive may require commission to give information or document for investigation

(1)As part of an investigation under this division, the gaming executive may, by notice given to the commission, require the commission to give the gaming executive information or a document the gaming executive reasonably believes is relevant to the investigation.

(2)The notice must state a reasonable period of at least 28 days within which the commission must comply with the requirement.

117Grounds for cancellation

(1)A ground for cancelling an eligibility certificate exists if the certificate holder—

(a)is not a suitable person to hold an eligibility certificate; or

(b)is convicted for an offence against—

(i)this Act or the Racing Act; or

(ii)a law of another State, that is prescribed by regulation as a law about racing or betting; or

(c)is convicted of an indictable offence against another Act or law; or

(d)contravenes a provision of this Act, whether or not a penalty is provided for the provision; or

(e)is affected by bankruptcy action; or

(f)has a business associate or executive associate who is—

(i)if the associate is an individual—an identified participant in a criminal organisation; or

(ii)if the associate is a corporation—a criminal organisation.

(2)Also, a ground for cancelling an eligibility certificate exists if—

(a)the commission cancels a racing bookmaker’s licence held by the certificate holder; or

(b)the eligibility certificate was granted because of a materially false or misleading representation or declaration; or

(c)a business associate or executive associate of the certificate holder is not a suitable person to be associated with a certificate holder.

118Immediate cancellation of eligibility certificate

(1)The gaming executive must cancel a certificate holder’s eligibility certificate if, after the certificate is granted, the gaming executive is advised by the police commissioner that a certificate holder is—

(a)an identified participant in a criminal organisation; or

(b)an unsuitable corporation.

(2)Immediately after cancelling the eligibility certificate, the gaming executive must give the certificate holder an information notice about the decision to cancel the certificate.

(3)The decision takes effect on the day the information notice is given to the certificate holder.

(4)The information notice must include—

(a)a direction to the certificate holder to return the eligibility certificate to the gaming executive within 14 days after the cancellation; and

(b)a warning to the certificate holder that, without a reasonable excuse, it is an offence to fail to comply with the direction.

(5)The Acts Interpretation Act 1954 , section 27B, does not apply to the information notice.

119Show cause notice

(1)The gaming executive must give a certificate holder a notice (a show cause notice) if the gaming executive reasonably believes—

(a)a ground exists to cancel an eligibility certificate; and

(b)the act, omission or other thing forming the ground is of a serious and fundamental nature; and

(c)the public interest may be affected in an adverse and material way.

(2)The show cause notice must state the following—

(a)the action (the proposed action) the gaming executive proposes taking under this division;

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)that the certificate holder may, within a stated period (the show cause period), make submissions to the gaming executive to show why the proposed action should not be taken.

(3)The Acts Interpretation Act 1954 , section 27B, does not apply to the show cause notice to the extent to which the decision is the result of advice given by the police commissioner to the gaming executive under section 111(4).

(4)The show cause period must end at least 28 days after the certificate holder is given the show cause notice.

(5)The certificate holder may, in the show cause period, make submissions to the gaming executive about the show cause notice.

120Involvement of commission in show cause process

(1)The gaming executive must immediately give a copy of the show cause notice to the commission.

(2)The commission may, in the show cause period, make submissions to the gaming executive about the show cause notice.

121Consideration of submissions

The gaming executive must consider all the submissions made in the show cause period by each of the following—

(a)the certificate holder;

(b)the commission.

122Ending show cause process without further action

If, after considering the submissions for the show cause notice, the gaming executive no longer believes a ground exists to cancel the eligibility certificate, the gaming executive must—

(a)take no further action about the show cause notice; and

(b)give to the following a notice that no further action is to be taken—

(i)the certificate holder;

(ii)the commission.

123Cancellation

(1)The gaming executive may cancel an eligibility certificate if—

(a)there are no submissions for a show cause notice; or

(b)after considering the submissions for a show cause notice, the gaming executive still believes—

(i)a ground exists to cancel the eligibility certificate; and

(ii)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and

(iii)the public interest may be affected in an adverse and material way.

(2)The gaming executive must cancel an eligibility certificate if—

(a)the certificate holder is a corporation; and

(b)a show cause notice was given to the corporation because an executive associate or a business associate of the corporation is an identified participant in a criminal organisation; and

(c)either—

(i)there are no submissions for the show cause notice; or

(ii)submissions were made for the show cause notice, and the gaming executive still believes cancelling the eligibility certificate is warranted.

(3)The gaming executive must immediately give the certificate holder an information notice about the decision to cancel the eligibility certificate.

(4)The information notice must include—

(a)a direction to the certificate holder to return the eligibility certificate to the gaming executive within 14 days after the cancellation; and

(b)a warning to the certificate holder that, without a reasonable excuse, it is an offence to fail to comply with the direction.

(5)The decision takes effect on the later of the following—

(a)the day the information notice is given to the certificate holder;

(b)the day of effect stated in the information notice.

(6)The Acts Interpretation Act 1954 , section 27B, does not apply to the information notice to the extent to which the decision is the result of advice given by the police commissioner to the gaming executive under section 111(4).

124Return of cancelled eligibility certificate

(1)A person must comply with a direction to the person under section 118(4)(a) or 123(4)(a) unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)If a person is unable to comply with subsection (1) because the person’s eligibility certificate has been lost or destroyed, the person must, within 14 days after the cancellation, give the gaming executive a statutory declaration stating details of the loss or destruction.

Maximum penalty—40 penalty units.

(3)A person does not commit an offence against subsection (1) if the person is not given a warning that, without a reasonable excuse, it is an offence to fail to comply with the direction.

125Automatic cancellation of all licences granted to racing bookmakers

(1)This section applies if a person’s eligibility certificate is cancelled under section 118 or 123 and the person is the holder of a racing bookmaker’s licence.

(2)On the cancellation of the eligibility certificate, the licence is cancelled.

126Censuring certificate holder

(1)This section applies if the gaming executive—

(a)reasonably believes a ground exists to cancel the eligibility certificate but does not believe that giving a show cause notice is warranted; or

(b)after considering the submissions for a show cause notice, still believes a ground exists to cancel the eligibility certificate but does not believe cancellation of the certificate is warranted.

(2)However, this section does not apply if the ground that exists to cancel the certificate is that the certificate holder is no longer a suitable person because the holder has a business associate or executive associate who is—

(a)if the associate is an individual—an identified participant in a criminal organisation; or

(b)if the associate is a corporation—a criminal organisation.

(3)The gaming executive may censure the holder for a matter relating to the ground for cancellation.

(4)The censure can be effected only by the gaming executive giving the certificate holder an information notice about the decision to censure the holder.

127Notice of decision

(1)This section applies if the gaming executive decides to—

(a)cancel an eligibility certificate under section 118 or 123; or

(b)censure the certificate holder under section 126.

(2)The gaming executive must give the commission and each control body notice of the decision.

128Surrender of eligibility certificate

(1)A certificate holder may surrender the holder’s eligibility certificate by notice given to the gaming executive.

(2)The surrender of an eligibility certificate takes effect—

(a)on the day the notice is given to the gaming executive; or

(b)if a later day of effect is stated in the notice—on the later day.

(3)The gaming executive must give the commission and each control body notice of the surrender.

129Destruction of fingerprints

(1)After the gaming executive refuses to grant an application for an eligibility certificate or an eligibility certificate is surrendered or cancelled, the gaming executive must destroy the fingerprints of any individual who is—

(a)the applicant or certificate holder; or

(b)a business associate or executive associate of the applicant or certificate holder.

(2)Also, if the gaming executive is reasonably satisfied an individual who was a business associate or executive associate of an applicant or certificate holder is no longer a business associate or executive associate of the applicant or certificate holder, the gaming executive must destroy the individual’s fingerprints.

130Review by QCAT of decisions relating to eligibility certificates

(1)This section applies if the gaming executive makes a decision (a gaming executive decision)—

(a)refusing an application for an eligibility certificate; or

(b)cancelling an eligibility certificate; or

(c)censuring a certificate holder.

(2)The applicant or certificate holder may apply, as provided under the QCAT Act, to the tribunal for a review of the gaming executive decision.

131Confidentiality of criminal intelligence in proceedings

(1)This section applies if a person seeks a review under section 130 of a gaming executive decision made because the person is not a suitable person because the person—

(a)is an identified participant in a criminal organisation; or

(b)has a business associate or executive associate who is—

(i)if the associate is an individual—an identified participant in a criminal organisation; or

(ii)if the associate is a corporation—a criminal organisation; or

(c)is an unsuitable corporation.

(2)For a proceeding relating to an application for review of the decision by QCAT or a proceeding about the decision in the Supreme Court—

(a)the police commissioner is a party to the proceeding; and

(b)the police commissioner must give QCAT or the Supreme Court a statement of reasons about the identification of the person by the police commissioner as a person mentioned in subsection (1).

(3)For a proceeding mentioned in subsection (2), QCAT or the Supreme Court may—

(a)review the identification by the police commissioner of the person as a person mentioned in subsection (1); and

(b)as it considers appropriate to protect the confidentiality of criminal intelligence—

(i)receive evidence and hear argument about the criminal intelligence in the absence of parties to the proceeding and their representatives; and

(ii)take evidence consisting of criminal intelligence by way of affidavit of a police officer of at least the rank of superintendent.

(4)If QCAT or the Supreme Court considers information has been incorrectly categorised by the police commissioner as criminal intelligence, the police commissioner may withdraw the information from consideration by QCAT or the court.

(5)Information that is withdrawn under subsection (4) by the police commissioner must not be—

(a)disclosed to any person; or

(b)taken into consideration by QCAT or the Supreme Court.

(6)In this section—

criminal intelligence means—

(a)advice given by the police commissioner to the gaming executive under section 100 or 112 that a person is—

(i)an identified participant in a criminal organisation; or

(ii)a criminal organisation; and

(b)information held by the police commissioner that is relevant to whether the person is a person mentioned in subsection (1).

132Application of Judicial Review Act 1991

(1)The Judicial Review Act 1991 , part 4 does not apply to a gaming executive decision mentioned in section 131(1).

(2)Subject to this division, unless the Supreme Court decides that the decision is affected by jurisdictional error, the decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, or another court, a tribunal or another entity); and

(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(3)The Judicial Review Act 1991 , part 5 applies to the decision mentioned in subsection (2) to the extent it is affected by jurisdictional error.

133Application for offcourse approval

(1)A racing bookmaker may apply to the Minister for an approval (an offcourse approval) to carry on bookmaking at a place, other than a licensed venue, using a telecommunications system.

(2)The application must be in the approved form and accompanied by each of the following—

(a)details of the place or places (each an approved place), other than a licensed venue, at which the racing bookmaker will carry on bookmaking using a telecommunications system;

Example of an approved place—

the racing bookmaker’s home or office

(b)details of the times during which the racing bookmaker will carry on bookmaking at the place or each of the places mentioned in paragraph (a);

(c)details of the number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker carried on bookmaking in person for the 12 months immediately before making the application;

(d)details of the number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker proposes to carry on bookmaking in person for the 12 months immediately after the offcourse approval is granted;

(e)if the details mentioned in paragraph (d) differ from those mentioned in paragraph (c)—an explanation for the difference;

(f)n undertaking as to the minimum number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker will carry on bookmaking in person if the offcourse approval applied for is granted;

(g)the prescribed fee.

134Further information or documents to support application

(1)The Minister may, by notice given to the applicant, require the applicant to give the Minister, within the reasonable period of at least 28 days stated in the notice, further information or a document the Minister reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.

135Requirement of commission to give information or documents relating to application

(1)The Minister may, by notice given to the commission, require the commission to give the Minister, within the reasonable period of at least 28 days stated in the notice, information or a document the Minister reasonably considers is relevant to deciding the application.

(2)The commission must comply with the notice.

136Consideration of application

(1)In considering the application, the Minister must have regard to how often the applicant has undertaken to carry on bookmaking in person at race meetings at licensed venues.

(2)The Minister may, by notice given to the applicant, ask the applicant to review the undertaking that accompanied the application and give the Minister, within the reasonable period of at least 28 days stated in the notice, a revised undertaking.

(3)The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.

137Decision on application

(1)The Minister must consider the application and decide to—

(a)grant the offcourse approval; or

(b)refuse to grant the offcourse approval.

(2)A grant of an offcourse approval is subject to the mandatory conditions, and may be subject to other conditions imposed by the Minister.

138What are the conditions of an offcourse approval

(1)The conditions of a racing bookmaker’s offcourse approval are—

(a)for a racing bookmaker who is an individual—the racing bookmaker must carry on bookmaking in person at a licensed venue in accordance with the accepted undertaking for the offcourse approval; and

(b)for a racing bookmaker who is a corporation—the executive officers of the racing bookmaker must carry on bookmaking in person at a licensed venue in accordance with the accepted undertaking for the offcourse approval; and

(c)an approved place for the offcourse approval must not be open to, or available for use by, the public; and

(d)a condition imposed by the Minister on the offcourse approval when granting the approval.

(2)A condition mentioned in subsection (1)(a), (b) or (c) is a mandatory condition of the offcourse approval.

139What is the accepted undertaking for an offcourse approval

(1)The accepted undertaking for an offcourse approval is—

(a)the undertaking that accompanied the application; or

(b)if the Minister asked the applicant under section 136(2) to review the undertaking—the revised undertaking.

(2)However, if—

(a)the offcourse approval is granted; and

(b)the racing bookmaker who holds the offcourse approval applies to the Minister to vary the accepted undertaking for the offcourse approval; and

(c)the Minister varies the accepted undertaking;

the undertaking as varied is the accepted undertaking for the offcourse approval.

140Notice of decision on application

The Minister must, as soon as practicable after deciding the application, give the applicant and the commission notice of the decision.

141Grounds for cancellation

Each of the following is a ground for cancelling a racing bookmaker’s offcourse approval—

(a)the racing bookmaker has contravened—

(i)a condition of the offcourse approval; or

(ii)the accepted undertaking for the offcourse approval;

(b)the offcourse approval was granted because of a materially false or misleading representation or declaration;

(c)the racing bookmaker has been convicted of an indictable offence or an offence against this Act or the Racing Act;

(d)the racing bookmaker is affected by bankruptcy action.

142Show cause notice

(1)The Minister must give the racing bookmaker a notice under this section (a show cause notice) if the Minister reasonably believes—

(a)a ground exists to cancel the offcourse approval; and

(b)the act, omission or other thing forming the ground is of a serious and fundamental nature; and

(c)the public interest may be affected by the act, omission or other thing in an adverse and material way.

(2)The show cause notice must state the following—

(a)the Minister proposes to cancel the offcourse approval;

(b)the grounds for the proposed cancellation;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)that the racing bookmaker may, within a stated period (the show cause period), make submissions to the Minister to show why the offcourse approval should not be cancelled.

(3)The show cause period must end at least 28 days after the racing bookmaker is given the show cause notice.

(4)The racing bookmaker may, in the show cause period, make submissions about the show cause notice to the Minister.

143Involvement of commission in show cause process

(1)The Minister must immediately give the commission a copy of the show cause notice.

(2)The commission may, in the show cause period, make submissions about the show cause notice to the Minister.

144Consideration of submissions

The Minister must consider all submissions made in the show cause period by each of the following—

(a)the racing bookmaker;

(b)the commission.

145Ending show cause process without further action

If, after considering the submissions for the show cause notice, the Minister no longer believes a ground exists to cancel the offcourse approval, the Minister must—

(a)take no further action about the show cause notice; and

(b)give to the following a notice that no further action about the show cause notice is to be taken—

(i)the racing bookmaker;

(ii)the commission.

146Cancellation

(1)This section applies if, after considering the submissions for the show cause notice, the Minister—

(a)still believes—

(i)a ground exists to cancel the offcourse approval; and

(ii)the act, omission or other thing constituting the ground is of a serious and fundamental nature; and

(iii)the public interest may be affected in an adverse and material way; and

(b)believes cancellation of the offcourse approval is warranted.

(2)This section also applies if there are no submissions for the show cause notice.

(3)The Minister may cancel the offcourse approval.

(4)The Minister must immediately give the racing bookmaker an information notice about the decision to cancel the offcourse approval.

(5)The notice must include—

(a)a direction to the racing bookmaker to return the offcourse approval to the Minister within 14 days after the cancellation; and

(b)a warning to the racing bookmaker that, without a reasonable excuse, it is an offence to fail to comply with the direction.

147Return of cancelled offcourse approval

(1)A person must comply with a direction to the person under section 146(5)(a) unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)If the person is unable to comply with subsection (1) because the person’s offcourse approval has been lost or destroyed, the person must, within 14 days after the cancellation, give the Minister a statutory declaration stating details of the loss or destruction.

Maximum penalty—40 penalty units.

(3)A person does not commit an offence against subsection (1) if the person is not given a warning that, without a reasonable excuse, it is an offence to fail to comply with the direction.

148Automatic cancellation or suspension of offcourse approval

(1)Subsection (2) applies if—

(a)a person’s eligibility certificate or racing bookmaker’s licence is cancelled; and

(b)the person is the holder of an offcourse approval.

(2)On the cancellation of the eligibility certificate or licence, the offcourse approval is cancelled.

(3)Subsection (4) applies if—

(a)a person’s eligibility certificate or racing bookmaker’s licence is suspended; and

(b)the person is the holder of an offcourse approval.

(4)On the suspension of the eligibility certificate or licence, the offcourse approval is suspended.

149Censuring racing bookmaker

(1)This section applies if the Minister reasonably believes—

(a)a ground exists to cancel the offcourse approval; but

(b)the giving of a show cause notice is not warranted.

(2)The Minister may censure the racing bookmaker for a matter relating to the ground for cancellation.

(3)The censure can be effected only by the Minister giving the racing bookmaker an information notice about the decision to censure the racing bookmaker.

150Notice to commission of decisions

(1)This section applies if the Minister decides to—

(a)cancel an offcourse approval under section 146; or

(b)censure the racing bookmaker under section 149.

(2)The Minister must give the commission and each control body notice of the decision.

151Immediate suspension of offcourse approval

(1)The Minister may suspend immediately an offcourse approval of a racing bookmaker if the Minister reasonably believes—

(a)a ground exists to cancel the offcourse approval; and

(b)the circumstances are so extraordinary that it is imperative to suspend the offcourse approval immediately to ensure the public interest in a code of racing is not adversely affected.

(2)The suspension—

(a)can be effected only by the Minister giving the racing bookmaker an information notice about the decision to suspend the offcourse approval, together with a show cause notice; and

(b)operates immediately the information notice is given to the racing bookmaker; and

(c)continues to operate until the show cause notice is finally dealt with.

152When a racing bookmaker may make a bet with a person who is not present at a licensed venue

(1)At a race meeting, a racing bookmaker may make a bet with a person (the bettor) who is not present at the licensed venue where the meeting is being held if—

(a)the bet is made through a telecommunications system for bookmaking, approved by the commission; and

(b)the bettor’s consent to recording the betting transaction is obtained before the transaction starts; and

(c)the details of the bet are confirmed with the bettor before the betting transaction ends, including, for example, the name of the bettor and the amount and type of the bet.

(2)The commission may approve a telecommunications system for bookmaking if—

(a)the commission has the system assessed by an entity that is independent of the commission and approved by the Minister; and

(b)the entity assessing the system gives the commission a report stating that the system is of a standard that will ensure the integrity of bets made and protect the money and privacy of persons placing bets.

(3)The Minister may give the commission a written direction, if the Minister is reasonably satisfied it is in the best interests of the Queensland racing industry to give the direction—

(a)to have a telecommunications system approved by the commission independently audited; and

(b)to give the Minister the results of the audit.

(4)The commission must comply with a direction given under subsection (3).

153Racing bookmakers to maintain insurance policy or bond to indemnify bettors against default

(1)For each code of racing for which a racing bookmaker is licensed, the racing bookmaker must have an insurance policy or bond, acceptable to the commission.

(2)Without limiting subsection (1), an insurance policy or bond must—

(a)indemnify persons who bet with the racing bookmaker for amounts payable to the persons by the racing bookmaker; and

(b)include conditions required by the commission.

(3)An insurance policy or bond acceptable to the commission under this section is an accepted insurance policy or bond.

154Commission to ensure racing bookmaker has accepted insurance policy or bond

(1)The commission must not license a person as a racing bookmaker, or renew a racing bookmaker’s licence, unless the person or racing bookmaker has an accepted insurance policy or bond.

Maximum penalty—100 penalty units.

(2)If a racing bookmaker does not have an accepted insurance policy or bond, the commission must immediately suspend the racing bookmaker’s licence until it is reasonably satisfied the racing bookmaker has an accepted insurance policy or bond.

(3)The commission may make enquiries, and do other acts, as it reasonably believes necessary to find out if a racing bookmaker has an accepted insurance policy or bond.

155Prohibition of betting by racing bookmaker with minor

(1)A racing bookmaker, or an agent or employee of a racing bookmaker, must not—

(a)bet with a minor; or

(b)bet with a person if the racing bookmaker, agent or employee knows the person is betting for a minor.

Maximum penalty—400 penalty units.

(2)It is a defence to a charge for an offence against subsection (1) for the defendant to prove that at the time of the offence the defendant honestly and reasonably believed that the person whose age is material to the offence was an adult.

(3)A minor must not bet with a racing bookmaker or an agent or employee of a racing bookmaker.

Maximum penalty—400 penalty units.

(4)A person must not, for a minor, bet with a racing bookmaker or an agent or employee of a racing bookmaker.

Maximum penalty for subsection (4)—400 penalty units.

156Lawful bet by racing bookmaker is taken to be a valid contract

(1)This section applies if a racing bookmaker at a licensed venue makes a bet with another person as part of the lawful engagement of the racing bookmaker in bookmaking.

(2)The racing bookmaker is taken to have entered into a valid contract with the other person relating to the bet and may sue or be sued on the contract.

157Payment and settlement of bets

(1)Subsection (2) applies to the payment and settlement of a bet that was lawfully made by and with a racing bookmaker at a licensed venue.

(2)A regulation may approve a place for the payment and settlement of the bet.

(3)Subsection (4) applies to the payment and settlement of a bet that was lawfully made by and with a racing bookmaker who holds an offcourse approval if a telecommunications system was used to make the bet.

(4)The offcourse approval may state a place for the payment and settlement of the bet.

(5)For the payment and settlement of the bet, that place is not an illegal betting place.

158Bookmaking on particular declared sporting contingencies

(1)A control body for a code of racing may declare a sporting contingency to be a declared sporting contingency for which—

(a)racing bookmakers for the code of racing may carry on bookmaking at a licensed venue when—

(i)a race meeting is being held at the venue; and

(ii)the control body is managing the venue; and

(iii)the commission is exercising control at the venue; and

(b)racing bookmakers for the code of racing who hold an offcourse approval may carry on bookmaking at an approved place for the offcourse approval and at the times approved by the Minister.

(2)Before the control body declares a sporting contingency to be a declared sporting contingency, the control body must consider all of the following—

(a)whether declaring the sporting contingency brings, or has the potential to bring, its code of racing, or racing bookmakers licensed for the code of racing, into disrepute;

(b)whether declaring the sporting contingency will erode public confidence in the Queensland racing industry;

(c)whether a decision about the result of the sporting contingency can be relied on by the commission, control body, racing bookmakers and the public.

(3)Notice about the declaration of a sporting contingency must be given by the control body—

(a)by publication in the control body’s racing calendar under the Racing Act; or

(b)by making the notice available on its website; or

(c)by giving each racing bookmaker for the code of racing a copy of the declaration.

(4)A racing bookmaker for a code of racing must not carry on bookmaking on a sporting contingency, other than a race, unless the sporting contingency has been declared by the control body for the code of racing to be a declared sporting contingency and—

(a)the bookmaking is carried on at a licensed venue when—

(i)a race meeting is being held at the venue; and

(ii)the control body is managing the venue; and

(iii)the commission is exercising control at the venue; or

(b)if the racing bookmaker holds an offcourse approval, the bookmaking is carried on at an approved place for the offcourse approval and at the times approved by the Minister.

Maximum penalty for subsection (4)—400 penalty units.

159Racing bookmaker’s agent during particular periods

(1)This section applies if a racing bookmaker applies to the commission in the approved form to authorise a person to act as the racing bookmaker’s agent by carrying on bookmaking as the racing bookmaker for a period.

(2)The commission may authorise the person to act as the racing bookmaker’s agent and carry on bookmaking as the racing bookmaker for the period only if—

(a)the racing bookmaker—

(i)is temporarily incapacitated through illness or accident; or

(ii)is on vacation for a period that, together with any previous period in which the racing bookmaker was on vacation, does not exceed 12 weeks in any year; or

(iii)is temporarily unable, for reasons acceptable to the commission, to carry on bookmaking for a period not exceeding 12 weeks; and

(b)the person nominated in the application as the racing bookmaker’s agent is a racing bookmaker’s clerk.

(3)The application must be signed by the racing bookmaker.

(4)However, if a racing bookmaker is unable to carry on bookmaking for a period due to incapacity caused by illness or accident, the commission may waive the requirement that the application be signed by the racing bookmaker if it is satisfied the person who signed and lodged the application is acting for the racing bookmaker.

(5)For this Act, the person authorised as the racing bookmaker’s agent is taken to be the racing bookmaker during the period stated in the authority and this Act applies to the racing bookmaker’s agent as if the agent were the racing bookmaker.

(6)The racing bookmaker’s agent does not need to hold an eligibility certificate to be authorised as the racing bookmaker’s agent.

(7)Subsection (8) applies if—

(a)the racing bookmaker holds an offcourse approval; and

(b)the commission authorises a person to act as the racing bookmaker’s agent under this section.

(8)Despite subsection (5), the person authorised as the racing bookmaker’s agent may carry on bookmaking as the racing bookmaker at—

(a)an approved place for the offcourse approval; or

(b)another place approved by the Minister.

160Commission to give notice of particular actions about racing bookmakers to gaming executive

(1)If the commission licenses a certificate holder as a racing bookmaker, the commission must give notice about the licensing to the gaming executive within 14 days after granting the licence.

(2)If the commission refuses to license a certificate holder as a racing bookmaker, the commission must give notice about the refusal to the gaming executive within 14 days after the refusal.

(3)If the commission takes disciplinary action relating to a racing bookmaker’s licence, the commission must give notice about the disciplinary action to the gaming executive and each control body within 14 days after taking the action.

(4)The notice under subsection (2) or (3) must state the commission’s reasons for the refusal or disciplinary action.

161Gaming executive may give information to commission about racing bookmaker or applicant for eligibility certificate

(1)This section applies if, after an investigation under part 3 or otherwise, the gaming executive has information about a racing bookmaker, or applicant for an eligibility certificate, that the gaming executive reasonably believes is appropriate to give to the commission.

(2)The gaming executive must give the information to the commission.

162Delegation by gaming executive

The gaming executive may delegate the gaming executive’s powers under this chapter to an appropriately qualified public service employee.

163Approval of forms for this chapter

The gaming executive may approve forms for this chapter.

164Authorised officers under this chapter

(1)This chapter includes provisions for the appointment of authorised officers, and gives authorised officers particular powers.

(2)The purpose of these provisions is to ensure the commission has available to it suitably qualified persons who can help the commission deal with issues about compliance under this chapter.

165Functions of authorised officers

An authorised officer has the following functions—

(a)to investigate, monitor and enforce compliance with this Act or the Racing Act;

(b)to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act or the Racing Act;

(c)to facilitate the exercise of powers under this Act or the Racing Act.

166Appointment and qualifications

(1)The commissioner may, by instrument in writing, appoint either of the following persons as authorised officers—

(a)a public service employee;

(b)other persons prescribed by regulation.

(2)However, the commissioner may appoint a person as an authorised officer only if the commissioner is satisfied the person is appropriately qualified.

167Appointment conditions and limit on powers

(1)An authorised officer holds office on any conditions stated in—

(a)the authorised officer’s instrument of appointment; or

(b)a signed notice given to the authorised officer; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers.

(3)In this section—

signed notice means a notice signed by the commissioner.

168When office ends

(1)The office of a person as an authorised officer ends if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the office ends;

(c)the authorised officer’s resignation under section 169 takes effect.

(2)Subsection (1) does not limit the ways the office of a person as an authorised officer ends.

(3)In this section—

condition of office means a condition under which the authorised officer holds office.

169Resignation

(1)An authorised officer may resign by signed notice given to the commissioner.

(2)However, if holding office as an authorised officer is a condition of the authorised officer holding another office, the authorised officer may not resign as an authorised officer without resigning from the other office.

170Issue of identity card

(1)The commissioner must issue an identity card to each authorised officer.

(2)The identity card must—

(a)contain a recent photo of the authorised officer; and

(b)contain a copy of the authorised officer’s signature; and

(c)identify the person as an authorised officer under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issuing of a single identity card to a person for this Act and other purposes.

171Production or display of identity card

(1)In exercising a power in relation to a person in the person’s presence, an authorised officer must—

(a)produce the authorised officer’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3)For subsection (1), an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 175(1)(b) or (d).

172Return of identity card

If the office of a person as an authorised officer ends, the person must return the person’s identity card to the commissioner within 21 days after the office ends unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

173Reference to exercise of powers

If—

(a)a provision of this chapter refers to the exercise of power by an authorised officer; and

(b)there is no reference to a specific power;

the reference is to the exercise of all or any authorised officers’ powers under this Act or a warrant, to the extent the powers are relevant.

174Reference to document includes reference to reproductions from electronic document

A reference in this chapter to a document includes a reference to an image or writing—

(a)produced from an electronic document; or

(b)not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.

175General power to enter places

(1)An authorised officer may enter a place if—

(a)an occupier of the place consents under division 2 to the entry and section 182 has been complied with for the occupier; or

(b)it is a public place and the entry is made when the place is open to the public; or

(c)the entry is authorised under a warrant and, if there is an occupier of the place, section 190 has been complied with for the occupier; or

(d)it is a place of business and the entry is made when the place is—

(i)open for carrying on activities for which the place is a place of business; or

(ii)otherwise open for entry; or

(e)the entry is authorised under section 176, 177, 178 or 179.

(2)For subsection (1)(d) and (e), entry to a place does not include entry to a part of a place where a person resides.

(3)If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.

(4)If the power to enter is under a warrant, the power is subject to the terms of the warrant.

(5)The consent may provide consent for re-entry and is subject to the conditions of consent.

(6)If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.

(7)In this section—

place of business means either of the following places—

(a)a place used by a control body to conduct activities in relation to managing any of its codes of racing;

(b)a place used by a licence holder to conduct activities for which the licence holder is licensed or otherwise holds the licence, including a place that is an approved place for an offcourse approval held by a racing bookmaker.

176Power to enter place to check action required under animal welfare direction

(1)This section applies if an occupier of a place has been given an animal welfare direction.

(2)An authorised officer may, at reasonable times, enter the place to check whether the occupier has taken or is taking the action required under the direction.

Notes—

1See, however, the restrictions on entry under section 175(2).

2See section 184 for the procedure for entry under this section.

177Power to enter place to ascertain if animal severely injured

(1)This section applies if an authorised officer reasonably suspects—

(a)an animal at the place has just sustained a severe injury; and

(b)the injury is likely to remain untreated, or untreated for an unreasonable period.

(2)The authorised officer may enter the place to ascertain if the animal is severely injured.

Notes—

1See, however, the restrictions on entry under section 175(2).

2See section 184 for the procedure for entry under this section.

178Power to enter place in relation to animal welfare offence

(1)This section applies if an authorised officer reasonably suspects—

(a)there is an imminent risk of death or injury to an animal at a place because of an accident or from an animal welfare offence; or

Examples of imminent risk of death or injury to an animal—

1a dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs

2the beating or torture of an animal at the place

(b)any delay in entering the place will result in the concealment, death or destruction of anything at the place that is—

(i)evidence of an animal welfare offence; or

(ii)being used to commit, continue or repeat, an offence.

(2)The authorised officer may enter the place.

Notes—

1See, however, the restrictions on entry under section 175(2).

2See section 184 for the procedure for entry under this section.

179Limited entry power to provide relief to animal

(1)Subsection (2) applies if—

(a)an authorised officer reasonably suspects—

(i)an animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and

(ii)the person in charge of the animal is not, or is apparently not, present at the place; and

(b)the animal is not at a part of the place at which a person resides, or apparently resides.

(2)The authorised officer may enter and stay at the place while it is reasonably necessary to provide the food or water or to disentangle the animal.

(3)An authorised officer may enter a vehicle if the authorised officer reasonably suspects there is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.

(4)If an authorised officer enters a vehicle under subsection (3), the authorised officer may take reasonable measures to relieve the pain of an animal in the vehicle.

Examples of measures—

feeding, untethering or watering the animal

(5)Before leaving the place or vehicle, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the following—

(a)the authorised officer’s name and business address or telephone number;

(b)the action taken by the authorised officer under subsection (2) or (4);

(c)when the action was taken.

(6)This section does not limit section 175.

180Application of division

This division applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 175(1)(a).

181Incidental entry to ask for access

For the purpose of asking the occupier for the consent, an authorised officer may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.

182Matters authorised officer must tell occupier

Before asking for the consent, the authorised officer must give a reasonable explanation to the occupier—

(a)about the purpose of the entry, including the powers intended to be exercised; and

(b)that the occupier is not required to consent; and

(c)that the consent may be given subject to conditions and may be withdrawn at any time.

183Consent acknowledgement

(1)If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.

(2)The acknowledgement must state—

(a)the purpose of the entry, including the powers to be exercised; and

(b)the following has been explained to the occupier—

(i)the purpose of the entry, including the powers intended to be exercised;

(ii)that the occupier is not required to consent;

(iii)that the consent may be given subject to conditions and may be withdrawn at any time; and

(c)the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and

(d)the time and day the consent was given; and

(e)any conditions of the consent.

(3)If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.

(4)If—

(a)an issue arises in a proceeding about whether the occupier consented to the entry; and

(b)a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

184Entry of place under ss 176, 177 and 178

(1)This section applies to an authorised officer intending to enter a place under section 176, 177 or 178.

(2)The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier of the place and obtain the occupier’s consent to the entry.

Note—

See division 2.

(3)The authorised officer may enter the place if—

(a)the authorised officer is unable to locate an occupier after making a reasonable attempt to do so; or

(b)the occupier refuses to consent to the entry.

(4)If, after the authorised officer enters the place under subsection (3)(a), the officer finds an occupier present at the place, or if the occupier refuses to consent to the entry, the authorised officer must make reasonable attempts to—

(a)produce the authorised officer’s identity card for the occupier’s inspection; and

(b)inform the occupier—

(i)of the reason for entering the place; and

(ii)that the authorised officer is authorised under this Act to enter the place without the permission of the occupier.

Note—

See, however, the restrictions on entry under section 175(2).

(5)If the authorised officer does not find an occupier present at the place, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date and time of the entry and information addressing the matters mentioned in subsection (4)(b).

185Application for warrant

(1)An authorised officer may apply to a magistrate for a warrant for a place.

(2)The authorised officer must prepare a written application that states the grounds on which the warrant is sought.

(3)The written application must be sworn.

(4)The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the written application to be given by statutory declaration.

186Issue of warrant

(1)The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of—

(a)an animal welfare offence; or

(b)another offence against this Act or the Racing Act.

(2)The warrant must state—

(a)the place to which the warrant applies; and

(b)that a stated authorised officer or any authorised officer may with necessary and reasonable help and force—

(i)enter the place and any other place necessary for entry to the place; and

(ii)exercise the authorised officer’s powers; and

(c)particulars of the offence that the magistrate considers appropriate; and

(d)the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and

(e)the evidence that may be seized under the warrant; and

(f)the hours of the day or night when the place may be entered; and

(g)the magistrate’s name; and

(h)the day and time of the warrant’s issue; and

(i)except for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends.

(3)To the extent that the warrant allows for re-entry of the place, it ends on the day stated in the warrant.

187Electronic application

(1)An application under section 185 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the authorised officer’s remote location.

(2)The application—

(a)may not be made before the authorised officer prepares the written application under section 185(2); but

(b)may be made before the written application is sworn.

188Additional procedure if electronic application

(1)For an application made under section 187, the magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—

(a)it was necessary to make the application under section 187; and

(b)the way the application was made under section 187 was appropriate.

(2)After the magistrate issues the original warrant—

(a)if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or

(b)otherwise—

(i)the magistrate must tell the authorised officer the information mentioned in section 186(2); and

(ii)the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 186(2) provided by the magistrate.

(3)The copy of the warrant mentioned in subsection (2)(a), or the form of the warrant completed under subsection (2)(b), (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.

(4)The authorised officer must, at the first reasonable opportunity, send to the magistrate—

(a)the written application complying with section 185(2) and (3); and

(b)if the authorised officer completed a form of warrant under subsection (2)(b)—the completed form of warrant.

(5)The magistrate must keep the original warrant and, on receiving the documents under subsection (4)—

(a)attach the documents to the original warrant; and

(b)give the original warrant and documents to the clerk of the court of the relevant magistrates court.

(6)Despite subsection (3), if—

(a)an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and

(b)the original warrant is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

(7)This section does not limit section 185.

(8)In this section—

relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .

189Defect in relation to a warrant

(1)A warrant is not invalidated by a defect in—

(a)the warrant; or

(b)compliance with this subdivision;

unless the defect affects the substance of the warrant in a material particular.

(2)In this section—

warrant includes a duplicate warrant mentioned in section 188(3).

190Entry procedure

(1)This section applies if an authorised officer is intending to enter a place under a warrant issued under this division.

(2)Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment;

(b)give the person a copy of the warrant;

(c)tell the person the authorised officer is permitted by the warrant to enter the place;

(d)give the person an opportunity to allow the authorised officer immediate entry to the place without using force.

(3)However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.

(4)In this section—

warrant includes a duplicate warrant mentioned in section 188(3).

191Application of division

This division applies if an authorised officer reasonably suspects, or is aware, that a thing in or on a vehicle may provide evidence of the commission of—

(a)an animal welfare offence; or

(b)another offence against this Act or the Racing Act.

192Power to stop or move

(1)If the vehicle is moving, the authorised officer may, to exercise his or her powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the authorised officer to exercise the powers.

(2)If the vehicle is stopped, the authorised officer may direct the person in control of the vehicle—

(a)not to move it until the authorised officer has exercised the authorised officer’s powers; or

(b)to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised officer to exercise the powers.

(3)When giving the direction under subsection (2), the authorised officer must give the person in control an offence warning for the direction.

193Identification requirements if vehicle moving�

(1)This section applies if the authorised officer proposes to give a direction under section 192(1) and the vehicle is moving.

(2)The authorised officer must clearly identify himself or herself as an authorised officer exercising the authorised officer’s powers.

Examples—

1If the authorised officer is in a moving vehicle, he or she may use a loudhailer to identify himself or herself as an authorised officer exercising powers.

2If the authorised officer is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised officer exercising powers.

(3)When the vehicle stops, the authorised officer must—

(a)have with him or her the authorised officer’s identity card; and

(b)immediately produce the identity card for the inspection of the person in control of the vehicle.

(4)Subsection (3) applies despite section 171.

194Failure to comply with direction

(1)The person in control of the vehicle must comply with a direction under section 192 unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a reasonable excuse for the person not to comply with a direction if—

(a)the vehicle was moving and the authorised officer did not comply with section 193; or

(b)to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.

(3)Subsection (2) does not limit subsection (1).

(4)A person does not commit an offence against subsection (1) if—

(a)the direction the person fails to comply with is given under section 192(2); and

(b)the person is not given an offence warning for the direction.

195Application of division

(1)The powers under this division may be exercised if an authorised officer—

(a)enters a place under section 175(1)(a), (c) or (d); or

(b)stops or moves a vehicle under division 1.

(2)However, if the authorised officer enters under section 175(1)(a) or (c), the powers under this division are subject to any conditions of the consent or terms of the warrant.

196General powers

(1)The authorised officer may do any of the following (each a general power)—

(a)search any part of the place;

(b)open, using reasonable force, a bag, cage, container, pen, yard or other structure confining or containing an animal or other thing to examine the structure, animal or other thing;

(c)muster, yard, detain, clip or otherwise deal with an animal at the place;

(d)take reasonable measures to relieve the pain of an animal at the place;

Example of measures—

feeding, untethering or watering an animal

(e)inspect, examine or film any part of the place or anything at the place;

(f)subject to subsection (5), take for examination a thing, or a sample of or from a thing, at the place;

(g)place an identifying mark in or on anything at the place;

(h)take an extract from, or copy, a document at the place, or take the document to another place to copy;

(i)produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;

(j)take to, into or onto the place and use any person, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division;

(k)remain at the place for the time necessary to achieve the purpose of the entry.

(2)The authorised officer may take a necessary step to allow the exercise of a general power.

Example of a step—

moving a licensed animal at the place to allow a sample to be taken from the animal�

(3)If the authorised officer takes a document from the place to copy it, the authorised officer must copy the document and return it to the place as soon as practicable.

(4)If the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.

(5)If the authorised officer does not believe that he or she is appropriately qualified to take a thing or sample under subsection (1)(f), the authorised officer must arrange for an appropriately qualified person (a qualified person) to take the sample or thing for the authorised officer.

(6)If the authorised officer or qualified person takes for examination a thing, or a sample of or from a thing, under subsection (1)(f), the authorised officer must—

(a)give a receipt for the thing or sample to the person in charge of the animal or place from which it was taken; and

(b)for a thing or sample with an intrinsic value—at the end of 6 months after the thing or sample was taken, return it to the person who appears to be the owner of it or the person in charge of the animal or place from which it was taken.

Note—

See division 3 for what happens if the sample or thing can not be returned to its owner.

(7)However, if for any reason it is not practicable to comply with subsection (6)(a), the authorised officer must leave the receipt at the place in a conspicuous position and in a reasonably secure way.

(8)The receipt mentioned in subsection (6)(a) must be in the approved form.

(9)In this section—

examine includes analyse, test, account, measure, weigh, grade, gauge and identify.

film includes photograph, videotape and record an image in another way.

inspect, a thing, includes open the thing and examine its contents.

197Power to require reasonable help

(1)The authorised officer may make a requirement (a help requirement) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.

(2)When making the help requirement, the authorised officer must give the person an offence warning for the requirement.

198Offence to contravene help requirement

(1)A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.

(3)However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under this Act or the Racing Act.

Note—

See, however, section 231.

199Seizing evidence at a place that may be entered without consent or warrant

An authorised officer who enters a place the authorised officer may enter under this Act without the consent of an occupier of the place and without a warrant may seize a thing at the place if the authorised officer reasonably believes the thing is evidence of—

(a)an animal welfare offence; or

(b)another offence against this Act or the Racing Act.

200Seizing evidence at a place that may be entered only with consent or warrant

(1)This section applies if—

(a)an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and

(b)the authorised officer enters the place after obtaining the consent or under a warrant.

(2)If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if—

(a)the authorised officer reasonably believes the thing is evidence of—

(i)an animal welfare offence; or

(ii)another offence against this Act or the Racing Act; and

(b)seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.

(3)If the authorised officer enters the place under a warrant, the authorised officer may seize the evidence for which the warrant was issued.

(4)The authorised officer may also seize anything else at the place if the authorised officer reasonably believes—

(a)the thing is evidence of—

(i)an animal welfare offence; or

(ii)another offence against this Act or the Racing Act; and

(b)the seizure is necessary to prevent the thing being hidden, lost or destroyed.

(5)The authorised officer may also seize a thing at the place if the authorised officer reasonably believes it has just been used in committing—

(a)an animal welfare offence; or

(b)another offence against this Act or the Racing Act.

201Seizure of property subject to security

(1)An authorised officer may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.

(2)However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person acting under the direction or authority of the authorised officer.

202Power to secure seized thing

(1)Having seized a thing under this division, an authorised officer may—

(a)leave it at the place where it was seized (the place of seizure) and take reasonable action to restrict access to it; or

(b)move it from the place of seizure.

(2)For subsection (1)(a), the authorised officer may, for example—

(a)seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or

(b)for equipment—make it inoperable; or

Example—

make it inoperable by dismantling it or removing a component without which the equipment can not be used

(c)require a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1)(a).

203Offence to contravene seizure requirement

A person must comply with a requirement made of the person under section 202(2)(c) unless the person has a reasonable excuse.

Maximum penalty—300 penalty units.

204Offence to interfere

(1)If access to a seized thing is restricted under section 202, a person must not tamper with the thing or with anything used to restrict access to the thing without—

(a)an authorised officer’s approval; or

(b)a reasonable excuse.

Maximum penalty—400 penalty units.

(2)If access to a place is restricted under section 202, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—

(a)an authorised officer’s approval; or

(b)a reasonable excuse.

Maximum penalty—400 penalty units.

205Receipt and information notice for seized thing

(1)This section applies if an authorised officer seizes anything under this division unless—

(a)the authorised officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or

(b)because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.

(2)The authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—

(a)a receipt for the thing that generally describes the thing and its condition; and

(b)an information notice about the decision to seize it.

(3)However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.

(4)The receipt and information notice may—

(a)be given in the same document; and

(b)relate to more than 1 seized thing.

(5)The authorised officer may delay giving the receipt and information notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this Act or the Racing Act.

(6)However, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.

206Access to seized thing

(1)Until a seized thing is forfeited or returned, the authorised officer who seized the thing must allow an owner of the thing—

(a)to inspect it at any reasonable time and from time to time; and

(b)if it is a document—to copy it.

(2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.

(3)The inspection or copying must be allowed free of charge.

207Return of seized thing

(1)This section applies if a seized thing is not—

(a)forfeited or transferred under subdivision 4 or 5; or

(b)subject to a disposal order under division 4.

(2)As soon as the commissioner stops being satisfied there are reasonable grounds for retaining the thing, the commissioner must return it to its owner.

(3)If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the commissioner for its return.

(4)Within 30 days after receiving the application, the commissioner must—

(a)if the commissioner is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice about the decision, including the grounds for retaining the thing; or

(b)otherwise—return the thing to the owner.

(5)For this section, there are reasonable grounds for retaining a seized thing if—

(a)the thing is being, or is likely to be, examined; or

(b)the thing is needed, or may be needed, for the purposes of—

(i)a proceeding for an animal welfare offence, or another offence against this Act or the Racing Act, that is likely to be started or that has been started but not completed; or

(ii)an appeal from a decision in a proceeding for an animal welfare offence or another offence against this Act or the Racing Act; or

(c)it is not unlawful for the owner to possess the thing.

(6)Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.

(7)Nothing in this section affects a lien or other security over the seized thing.

(8)In this section—

examine includes analyse, test, account, measure, weigh, grade, gauge and identify.

208Forfeiture by commissioner decision

(1)The commissioner may decide a seized thing is forfeited to the State if an authorised officer—

(a)after making reasonable inquiries, can not find an owner; or

(b)after making reasonable efforts, can not return it to an owner; or

(c)reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.

(2)However, the authorised officer is not required to—

(a)make inquiries if it would be unreasonable to make inquiries to find an owner; or

(b)make efforts if it would be unreasonable to make efforts to return the thing to an owner.

Example for paragraph (b)—

the owner of the thing has migrated to another country

(3)Regard must be had to the thing’s condition, nature and value in deciding—

(a)whether it is reasonable to make inquiries or efforts; and

(b)if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.

209Information notice about forfeiture decision

(1)If the commissioner decides under section 208(1) to forfeit a thing, the commissioner must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner) an information notice about the decision.

(2)If the decision was made under section 208(1)(a) or (b), the information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.

(3)The information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.

(4)However, subsections (1) to (3) do not apply if—

(a)the decision was made under section 208(1)(a) or (b); and

(b)the place where the thing was seized is—

(i)a public place; or

(ii)a place where the notice is unlikely to be read by the former owner.

210When thing becomes property of the State

A thing becomes the property of the State if—

(a)the thing is forfeited to the State under section 208(1); or

(b)the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.

211How property may be dealt with

(1)This section applies if, under section 210, a thing becomes the property of the State.

(2)The commissioner may deal with the thing as the commissioner considers appropriate, including, for example, by destroying it or giving it away.

(3)The commissioner must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this Act.

(4)If the commissioner sells the thing, the commissioner may, after deducting the following costs, return the proceeds of the sale to the former owner of the thing—

(a)the costs of the sale;

(b)any costs the commission may recover from a person under section 259.

(5)This section is subject to any disposal order made for the thing.

212Disposal order

(1)This section applies if a person is convicted of an animal welfare offence or another offence against this Act or the Racing Act.

(2)The court may make an order (a disposal order), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—

(a)anything that was the subject of, or used to commit, the offence;

(b)another thing the court considers is likely to be used by the person or another person in committing a further animal welfare offence or another further offence against this Act or the Racing Act.

(3)The court may make a disposal order for a thing—

(a)whether or not it has been seized under this Act; and

(b)if the thing has been seized—whether or not it has been returned to the former owner.

(4)In deciding whether to make a disposal order for a thing, the court—

(a)may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and

(b)must hear any submissions that any person claiming to have any property in the thing may wish to make.

(5)The court may make any order to enforce the disposal order that it considers appropriate.

(6)This section does not limit the court’s powers under another law.

213Application of division

(1)This division applies if an authorised officer reasonably believes—

(a)a person has committed, is committing, or is about to commit, an animal welfare offence; or

(b)an animal—

(i)is not being cared for properly; or

(ii)is experiencing undue pain; or

(iii)requires veterinary treatment; or

(iv)should not be used for work.

(2)This division also applies if an animal has been seized under division 3, subdivision 1.

(3)In this section—

veterinary treatment, of an animal, means—

(a)consultation by a person with a veterinary surgeon about the animal’s condition; or

(b)performance by a veterinary surgeon of a medical or surgical procedure on the animal; or

(c)performance by someone other than a veterinary surgeon of a medical procedure of a curative or preventive nature on the animal if the procedure is to be performed under a veterinary surgeon’s directions.

214Power to give animal welfare direction

(1)The authorised officer may give a written direction (an animal welfare direction) requiring stated action about the animal or its environment.

(2)The direction may be given to—

(a)a person in charge of the animal; or

(b)a person whom the authorised officer reasonably believes is in charge of the animal; or

(c)if the animal has been seized under division 3, subdivision 1—

(i)a person who, immediately before the seizure, was a person in charge of the animal; or

(ii)a person whom the authorised officer reasonably believes was, immediately before the seizure, a person in charge of the animal.

(3)Without limiting subsection (1), the direction may require any of the following actions to be taken—

(a)care for, or treat, the animal in stated way;

(b)provide the animal with stated accommodation, food, rest, water or other living conditions;

(c)consult a veterinary surgeon about the animal’s condition before a stated time;

(d)move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a), (b) or (c);

(e)not to move the animal from the place where it is situated when the direction is given.

(4)However, action may be required only if the authorised officer considers it to be necessary and reasonable in the interests of the animal’s welfare.

(5)The direction may state how the person given the direction may show that the stated action has been taken.

215Requirements for giving animal welfare direction

(1)An animal welfare direction must—

(a)be in the approved form; and

(b)describe—

(i)the animal in a way that reasonably allows the person given the direction to identify it; or

(ii)if the direction is given because the authorised officer reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and

(c)state—

(i)each requirement; and

(ii)a time for the person to comply with each requirement; and

(d)include an information notice about the decision to give the direction.

(2)Despite subsection (1)(a), an animal welfare direction may be given orally if—

(a)the authorised officer considers it to be in the interests of the animal’s welfare to give the direction immediately; and

(b)for any reason it is not practicable to immediately give the direction in the approved form; and

(c)the authorised officer gives the person an offence warning.

(3)If the direction is given orally, the authorised officer must confirm the direction by also giving it in the approved form as soon as practicable after giving it orally.

(4)An animal welfare direction may state that an authorised officer proposes, at a stated time or at stated intervals, to enter the following where an animal the subject of the direction is kept at to check compliance with the direction—

(a)a vehicle of which the person is the person in control;

(b)another place of which the person is the occupier.

216Failure to comply with animal welfare direction

A person to whom an animal welfare direction has been given must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—100 penalty units or 1 year’s imprisonment.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 285, to have also committed the offence.

217Power of destruction

An authorised officer may destroy an animal, or cause it to be destroyed, if—

(a)an authorised officer has seized the animal under this part or the person in charge of the animal has given written consent to the destruction; and

(b)the authorised officer reasonably believes that the animal is in pain to the extent that it is cruel to keep it alive.

218Power to require name and address

(1)This section applies if an authorised officer—

(a)finds a person committing—

(i)an animal welfare offence; or

(ii)another offence against this Act or the Racing Act; or

(b)finds a person in circumstances that lead the authorised officer to reasonably suspect the person has just committed—

(i)an animal welfare offence; or

(ii)another offence against this Act or the Racing Act; or

(c)has information that leads the authorised officer to reasonably suspect a person has just committed—

(i)an animal welfare offence; or

(ii)another offence against this Act or the Racing Act.

(2)The authorised officer may require the person to state the person’s name and address.

(3)The authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—

(a)be in possession of evidence of the correctness of the stated name or address; or

(b)otherwise be able to give the evidence.

(4)When making a personal details requirement, the authorised officer must give the person an offence warning for the requirement.

(5)A requirement under this section is a personal details requirement.

(6)In this section—

address, of a person, includes the person’s residential and business address and, for a person temporarily in Queensland, includes the place where the person is living in Queensland.

219Offence to contravene personal details requirement

(1)A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.

220Power to require production of document

(1)An authorised officer may require a person to make available for inspection by an authorised officer, or to produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer—

(a)a document issued to the person under this Act or the Racing Act; or

(b)a document required to be kept by the person under this Act or the Racing Act; or

(c)if a document or information required to be kept by the person under this Act or the Racing Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.

(2)A requirement under subsection (1) is a document production requirement.

(3)For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.

(4)The authorised officer may keep the document to copy it.

(5)If the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.

(6)A requirement under subsection (5) is a document certification requirement.

(7)The authorised officer must return the document to the person as soon as practicable after copying it.

(8)However, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement.

221Offence to contravene document production requirement

(1)A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.

Note—

See, however, section 231.

(3)The authorised officer must inform the person, in a way that is reasonable in the circumstances—

(a)that the person must comply with the document production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and

(b)that, under section 231, there is a limited immunity against the future use of the information or document given in compliance with the requirement.

(4)If the person fails to comply with the document production requirement when the authorised officer has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1).

(5)If a court convicts a person of an offence against subsection (1), the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.

222Offence to contravene document certification requirement

(1)A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.

Note—

See, however, section 231.

(3)The authorised officer must inform the person, in a way that is reasonable in the circumstances—

(a)that the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and

(b)that, under section 231, there is a limited immunity against the future use of the information or document given in compliance with the requirement.

(4)If the person fails to comply with the document certification requirement when the authorised officer has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1).

223Power to require information

(1)This section applies if an authorised officer reasonably believes—

(a)an animal welfare offence, or another offence against this Act or the Racing Act, has been committed; and

(b)a person may be able to give information about the offence.

(2)The authorised officer may, by notice given to the person, require the person to give the authorised officer information related to the offence at a stated reasonable time and place.

(3)For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.

(4)In this section—

information includes a document.

224Offence to contravene information requirement

(1)A person of whom a requirement is made under section 223(2) must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.

225Duty to avoid inconvenience and minimise damage

In exercising a power, an authorised officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.

Note—

See also section 227.

226Notice of damage

(1)This section applies if—

(a)an authorised officer damages something when exercising, or purporting to exercise, a power; or

(b)a person (the assistant) acting under the direction or authority of an authorised officer damages something.

(2)However, this section does not apply to damage the authorised officer reasonably considers is trivial or if the authorised officer reasonably believes—

(a)there is no-one apparently in possession of the thing; or

(b)the thing has been abandoned.

(3)The authorised officer must give notice of the damage to the person who appears to the authorised officer to be an owner, or person in control, of the thing.

(4)However, if for any reason it is not practicable to comply with subsection (3), the authorised officer must—

(a)leave the notice at the place where the damage happened; and

(b)ensure it is left in a conspicuous position and in a reasonably secure way.

(5)The authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised officer’s functions.

(6)The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.

(7)If the authorised officer believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the notice.

(8)The notice must state—

(a)particulars of the damage; and

(b)that the person who suffered the damage may claim compensation under section 227.

227Compensation

(1)A person may claim compensation from the commission if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised officer including a loss arising from compliance with a requirement made of the person under this chapter.

(2)However, subsection (1) does not include loss arising from a lawful forfeiture.

(3)Section 225 does not provide for a statutory right of compensation other than is provided by this section.

(4)In this section—

loss includes costs and damage.

228Giving authorised officer false or misleading information

(1)A person must not give an authorised officer information the person knows is false or misleading in a material particular.

Maximum penalty—300 penalty units.

(2)Subsection (1) applies to information given whether or not the information was given in response to a specific power under this Act.

(3)Subsection (1) does not apply to a person if the person, when giving information in a document—

(a)tells the authorised officer, to the best of the person’s ability, how the document is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

229Obstructing authorised officer

(1)A person must not obstruct an authorised officer exercising a power, or someone helping an authorised officer exercising a power, unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

(2)If a person has obstructed an authorised officer, or someone helping an authorised officer, and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—

(a)it is an offence to cause an obstruction unless the person has a reasonable excuse; and

(b)the authorised officer considers the person’s conduct an obstruction.

(3)In this section—

obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.

power means a power under this Act.

230Impersonating authorised officer

A person must not impersonate an authorised officer.

Maximum penalty—250 penalty units.

231Evidential immunity for individuals complying with particular requirements

(1)Subsection (2) applies if an individual gives or produces information or a document to an authorised officer under section 198, 221 or 222.

(2)Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.

(3)Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence.

232Definitions for division

In this division—

Act document means—

(a)an approval, eligibility certificate, licence, identity card or other authority given under this Act; or

(b)a document issued by or for a racing bookmaker evidencing a bet made with the racing bookmaker.

background document means—

(a)an approved form or gaming executive form, completed by a person about the person’s business reputation, character, criminal history, current financial position or financial background; or

(b)a document accompanying an application for a licence, approval application, approved form or gaming executive form; or

(c)the fingerprints of a person obtained by the gaming executive; or

(d)another document obtained by the chief executive, gaming executive or the commission, relating to the person’s business reputation, character, criminal history, current financial position or financial background.

confidential information, about a person, means information about—

(a)the person’s business reputation, character, criminal history, current financial position or financial background; or

(b)the person if the person is making an application under this Act; or

(c)whether the person is an identified participant in a criminal organisation or is an unsuitable corporation.

233Offence to disclose confidential information or copy background document

(1)This section applies to a person who—

(a)is or has been engaged in the administration of this Act; or

(b)has obtained access to confidential information or a background document about someone else, whether directly or indirectly, from a person mentioned in paragraph (a).

(2)The person must not, without reasonable excuse—

(a)disclose confidential information to anyone else; or

(b)copy a background document about someone else acquired by the person; or

(c)give access to a background document about someone else.

Maximum penalty—100 penalty units.

(3)It is a reasonable excuse if—

(a)the person has the written consent of the person to whom the information or background document relates or someone else authorised by the person; or

(b)the disclosure is authorised under this Act or another Act; or

(c)the disclosure is in compliance with lawful process requiring production of documents or giving evidence before a court; or

(d)the disclosure was of a statistical nature that could not reasonably be expected to result in the identification of the person to whom the information relates.

(4)Subsection (3)(a) and (d) do not apply if the confidential information relates to whether the person is an identified participant in a criminal organisation or is an unsuitable corporation.

(5)In this section—

copy includes make a record.

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

234Forgery and uttering Act documents

(1)A person must not—

(a)forge an Act document; or

(b)knowingly utter an Act document that is forged.

Maximum penalty—200 penalty units or 2 years imprisonment.

(2)A person must not pretend to be a person named in an Act document, whether or not the person refers to the document.

Examples for subsection (2)—

1If a person steals an authorised officer’s identity card, the person must not pretend to be the authorised officer identified in the card.

2A person must not pretend to be an authorised officer by telling someone else that the person is an authorised officer.

Maximum penalty—200 penalty units or 2 years imprisonment.

(3)In this section—

forge includes counterfeit.

235Making a false statement in application or other document

A person must not knowingly make a false statement—

(a)in an application for a licence, application for an eligibility certificate or approval application; or

(b)in a document the person is required to keep, or to give to the Minister, the chief executive, the gaming executive, the commission or another person, under this Act.

Maximum penalty—200 penalty units or 2 years imprisonment.

236Person must not conduct a racing contingency

(1)A person must not conduct a racing contingency.

Maximum penalty—200 penalty units.

(2)An occupier of a place must not allow a person to conduct a racing contingency at the place.

Maximum penalty—200 penalty units.

(3)In this section—

conduct, in relation to a racing contingency, includes—

(a)to arrange for a place to be used for the racing contingency; and

(b)to advertise or otherwise promote the racing contingency and seek nominations for animals to race; and

(c)to arrange for persons to carry on bookmaking at the racing contingency; and

(d)to participate in the racing contingency other than merely by being present at the place where the racing contingency is being, or is about to be, held; and

(e)to help in any of the activities mentioned in paragraphs (a) to (d).

racing contingency means a contest, contingency or event, other than a lawfully held race meeting, in which 2 or more animals compete against each other for the purpose of providing a contest, contingency or event on which bets are made.

237Definitions for division

In this division—

interfere with, in relation to a licensed animal, licence holder or an official of the commission or a control body, means—

(a)inflict or cause injury to the licensed animal, licence holder or official; or

(b)threaten to inflict or cause injury to the licensed animal, licence holder or official; or

(c)otherwise affect in a detrimental way the behaviour, performance or physical condition of the licensed animal, licence holder or official.

prohibited thing means any of the following—

(a)a drug;

(b)a noxious or toxic thing that could be used to affect the behaviour, performance or physical condition of an animal or person;

(c)a thing that does, or is designed to do, any of the following and may be used on a licensed animal in a detrimental way—

(i)supply electrical energy or another form of energy;

(ii)conduct, discharge or store an electrical charge, current, voltage or another form of energy;

(iii)apply, deposit, propel or spray a substance;

(d)a hypodermic syringe or needle or other medical or veterinary instrument.

use, a prohibited thing on a licensed animal, means—

(a)to use it on, or administer it to, the animal; or

(b)to cause it to be used on, or administered to, the animal.

238Person must not possess prohibited thing at particular places

(1)A person must not possess a prohibited thing at any of the following places unless the person has a reasonable excuse—

(a)a licensed venue;

(b)a place where a trial is held or to be held;

(c)a place used for the purpose of training a licensed animal;

(d)a kennel, stable or other place used for sheltering a licensed animal;

(e)in or about a vehicle being, or about to be, used to transport a licensed animal;

(f)another place where a licensed animal is located.

Maximum penalty—400 penalty units or 2 years imprisonment.

(2)In this section—

possess, a prohibited thing, means—

(a)have custody of the thing; or

(b)have control of it at any place, whether or not someone else has custody of it.

239Person must not use prohibited thing on, or interfere with, a licensed animal

(1)A person must not, unless the person has a reasonable excuse—

(a)use a prohibited thing on a licensed animal; or

(b)interfere with a licensed animal.

Maximum penalty—600 penalty units or 2 years imprisonment.

(2)For a veterinary surgeon, it is a reasonable excuse to use a prohibited thing on, or interfere with, a licensed animal—

(a)to treat a condition or injury of the animal; or

(b)to do something else that accords with normal veterinary practice.

240Person must not interfere with licence holder or official of the commission or of a control body

(1)A person must not, unless the person has a reasonable excuse, interfere with a licence holder in relation to the licence holder’s performance of an activity for which the licence holder is licensed.

Maximum penalty—400 penalty units or 2 years imprisonment.

(2)A person must not, unless the person has a reasonable excuse, interfere with an official of the commission or of a control body performing a function or exercising a power under this Act or the Racing Act.

Maximum penalty—400 penalty units or 2 years imprisonment.

241Application of division

(1)This division does not apply in relation to—

(a)wagering lawfully conducted under the Wagering Act 1998 ; or

(b)betting by and with any 1 of the following persons as part of the person lawfully carrying on bookmaking, or conducting a racing bookmaker’s business, at a licensed venue—

(i)a racing bookmaker;

(ii)if a racing bookmaker is a corporation—a licensed executive officer of the corporation;

(iii)a racing bookmaker’s clerk.

(2)This division is in addition to, and does not limit, any of the following Acts—

(a)the Charitable and Non-Profit Gaming Act 1999 ;

(b)the Criminal Code;

(c)the Wagering Act 1998 .

242Unlawful bookmaking other than by racing bookmakers etc.

A person must not carry on bookmaking unless the person is 1 of the following and lawfully carrying on bookmaking under the relevant racing bookmaker’s licence—

(a)a racing bookmaker;

(b)if a racing bookmaker is a corporation—a licensed executive officer of the corporation;

(c)a racing bookmaker’s clerk who carries on bookmaking as part of conducting the racing bookmaker’s business.

243Illegal betting place

(1)Subject to subsection (2), a place is an illegal betting place if the place is opened, kept or used, wholly or partly, for 1 or more of the following—

(a)bookmaking by the occupier of the place with someone else;

(b)receiving money or other property by or for the occupier of the place as or for consideration for—

(i)any assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency; or

(ii)securing the paying or giving by someone else of money or other property in relation to a race or sporting contingency;

(c)the payment or settlement of a bet made in relation to a race or sporting contingency.

(2)A place is not an illegal betting place for an activity mentioned in subsection (1) if—

(a)the place is a licensed venue and the activity takes place when—

(i)a control body for a race meeting held at the venue is managing the venue; and

(ii)the commission is exercising control at the venue; or

(b)the place may be lawfully used under another Act for the activity.

(3)This section does not limit section 157.

244Prohibition on opening, keeping, using or promoting an illegal betting place

(1)A person must not—

(a)open, keep or use an illegal betting place; or

(b)allow a place, of which the person is the occupier, to be opened, kept or used as an illegal betting place, whether the occupier is or is not present at the time the place is opened, kept or used as an illegal betting place; or

(c)help, in any way, in operating an illegal betting place; or

Example for paragraph (c)—

A person, or an occupier of a place, may invite someone else to use a service or facility at the illegal betting place.

(d)advertise by any means, including electronically, that a place is opened, kept or used, wholly or partly for betting on a race or sporting contingency in Queensland or elsewhere, if that place is an illegal betting place.

(2)Subsection (3) applies to each of the following persons—

(a)a person who is an occupier of an illegal betting place;

(b)a person who is acting for an occupier of an illegal betting place;

(c)a person who is in any way helping in operating an illegal betting place.

(3)The person must not, directly or indirectly, receive money or other property—

(a)as a bet on a race or sporting contingency; or

(b)as a deposit on a bet on condition of paying or giving money or other property in relation to a race or sporting contingency; or

(c)as or for consideration for an assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency.

(4)A person must not give an acknowledgement on the receipt of money or other property, received in a way and for a purpose specified in subsection (3), purporting or intended to entitle the bearer or another person to receive money or other property in relation to a race or sporting contingency.

245Contravention of s 242 or 244

(1)This section applies to a person who contravenes section 242 or 244 (a relevant section).

(2)The person is liable to—

(a)for a first offence—a maximum penalty of 600 penalty units or 1 year’s imprisonment; or

(b)for a second offence—a maximum penalty of 1200 penalty units or 2 years imprisonment; or

(c)for a third or subsequent offence—a maximum penalty of 4000 penalty units or 5 years imprisonment.

(3)A person is liable for the penalty under this section—

(a)for a second offence—if the person has been convicted of a single offence against a relevant section or a repealed provision; or

(b)for a third or subsequent offence—if the person has been convicted of 2 or more offences against a relevant section or a repealed provision.

(4)In this section—

repealed provision means—

(a)the Racing Act, repealed section 321 or 323; or

(b)the repealed Racing and Betting Act 1980 , section 214, 216 or 217.

246Using an illegal betting place

A person must not in any way use a service or facility at an illegal betting place, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

247Prohibition of betting at public place

A person must not bet at a public place unless the betting is lawfully conducted under this Act or another Act.

Maximum penalty—100 penalty units.

248Interfering with particular things at licensed venue or places for holding trials

(1)This section applies to—

(a)a lighting, power or control system, lure drive, or any other plant or equipment, used in connection with holding a race or trial at a licensed venue or holding a trial at another place; or

(b)a course prepared or laid out for holding the race or trial.

(2)A person must not interfere with a thing to which this section applies without permission from the responsible person for the licensed venue or place.

Maximum penalty—400 penalty units or 2 years imprisonment.

(3)In this section—

interfere with, in relation to the operation of plant or equipment or to a course, includes altering, damaging, destroying or removing the plant, equipment or course, or a part of the plant, equipment or course.

responsible person, for a licensed venue or a place, means—

(a)for a day on which a race meeting is to be held at the venue or on which a trial is to be held at the place—the control body managing the venue or place; or

(b)for another day—the licensed club responsible for the venue or the owner of the place.

249Attempt to commit offence

(1)A person who attempts to commit an animal welfare offence or an offence against this Act commits an offence and, on conviction, is liable to the same penalty as if the person had committed the offence.

(2)The Criminal Code, section 4 applies to subsection (1).

(3)A person may be convicted of attempting to commit an animal welfare offence or an offence against this Act on a complaint or indictment charging the person with the offence.

Note—

See also the Racing Act, section 328.

250Application of division

This division applies to a proceeding under this Act.

251Appointments and authority

The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—

(a)the appointment of the commissioner, a deputy commissioner or an authorised officer;

(b)the power of the chief executive, the gaming executive or a person mentioned in paragraph (a) to do anything under this Act.

252Evidentiary aids

(1)A certificate purporting to be signed by the chief executive or the commissioner stating any of the following matters is evidence of the matter—

(a)a stated document is a decision, direction or notice under this Act;

(b)a stated thing is a thing that must or may be included in a register kept under this Act;

(c)that a stated document is a document kept under this Act;

(d)that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b);

(e)that on a stated day—

(i)a stated person was given a stated decision, direction or notice under this Act; or

(ii)a stated person was the holder of a stated licence, eligibility certificate or approval; or

(iii)a stated direction or requirement under this Act was given to or made of a stated person.

(2)A document purporting to be signed by a steward who was in charge of a race meeting held by a licensed club and stating any of the following matters is evidence of the matter—

(a)on a stated day, or at a stated place, a race meeting was held or allotted to be held by the club;

(b)a stated animal competed in, or had been entered to compete in, a race at the race meeting;

(c)the times when, under a direction given by the steward, betting with racing bookmakers could take place at the race meeting.

253Other evidentiary provisions

(1)In support of an allegation in a complaint or indictment about either of the following relating to a place, until the contrary is proved, it is sufficient to prove a bet was made or settled with, or paid to, a person at that place—

(a)that the place stated in the complaint or indictment is an illegal betting place;

(b)that a person is conducting bookmaking at the place stated in the complaint or indictment.

(2)A statement in a complaint or indictment of 1 or more of the following matters is evidence, for this Act, of the matter or matters—

(a)a place was a public place at a stated time;

(b)a particular person was, at a stated time, an occupier of a stated place;

(c)a particular person was, at a stated time, a member of or holder of an office in the committee of a stated licensed club or other stated association;

(d)on a stated day a race meeting was held, or allotted to be held, at a stated place;

(e)an animal known by a stated name competed in, or had been entered to compete in, a race meeting on a stated day.

(3)Proof that a place is opened, kept or used wholly or partly for a purpose specified in section 244 is evidence that the place in question is opened, kept or used with the permission of an occupier of the place.

(4)A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.

254Types of offences

(1)Subject to subsection (2), an offence against this Act is a simple offence.

(2)An offence against section 242 or 244 is an indictable offence that is a misdemeanour.

255Proceedings for indictable offences

(1)A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—

(a)by way of summary proceeding under the Justices Act 1886 ; or

(b)on indictment.

(2)A magistrate must not hear an indictable offence summarily if—

(a)the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or

(b)the magistrate believes the charge should be prosecuted on indictment.

(3)If subsection (2) applies—

(a)the magistrate must proceed by way of an examination of witnesses for an indictable offence; and

(b)any plea of the person charged, made at the start of the proceeding, must be disregarded; and

(c)any evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and

(d)before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104(2)(b).

256Limitation on who may summarily hear indictable offence

(1)The proceeding must be before a magistrate if it is a proceeding—

(a)for the summary conviction of a person on a charge for an indictable offence; or

(b)for an examination of witnesses for a charge for an indictable offence.

(2)However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .

257Proceedings for simple offences

A proceeding for a simple offence against this Act by way of summary proceeding under the Justices Act 1886 must start within the later of the following—

(a)within 1 year after the offence is committed;

(b)within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.

258When convictions for offences not receivable in evidence

A conviction for an offence against this Act, the Racing Act or the repealed Racing and Betting Act 1980 is not, after 10 years from the date of the conviction, receivable in evidence against a person for the purpose of subjecting the person to an increased penalty or to a forfeiture under this Act.

259Recovery of seizure, compliance or destruction costs

(1)This section applies if the commission has incurred a cost for an authorised officer to do 1 or more of the following acts in relation to an animal—

(a)if the animal has, under chapter 5, part 3, division 3 been seized—

(i)taking possession of, or moving, the animal; or

(ii)taking action to restrict access to the animal; or

(iii)providing the animal with accommodation, food, rest, water or other living conditions; or

(iv)arranging for the animal to receive veterinary or other treatment;

(b)if an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with;

(c)if the animal has been destroyed under section 217—destroying it.

(2)The commission may recover the cost from the animal’s owner or former owner if incurring the cost was necessary and reasonable—

(a)in the interests of the animal’s welfare or to destroy it; or

(b)if the animal has been destroyed under section 217—for the destruction.

(3)However, if a cost mentioned in subsection (1)(a)(iii) or (iv) was for a period during which the animal was retained on the grounds mentioned in section 207(5)(b), it may be recovered only if the animal’s retention was reasonably required as evidence.

260Compensation because of animal welfare offence

(1)A court may order a person convicted of an animal welfare offence to—

(a)pay compensation to a person who, because of the commission of the offence, has—

(i)suffered damage or loss to property; or

(ii)incurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or

(b)pay a person an amount for costs incurred by the person in—

(i)taking possession of, or moving, the animal; or

(ii)providing it with accommodation, food, rest, water or other living conditions; or

(iii)arranging for it to receive veterinary or other treatment.

(2)However, an order under subsection (1) can not be made in favour of the commission.

261General provisions for orders about compensation or costs

(1)Compensation or costs that may be recovered under section 227 or this division may be claimed and ordered in a proceeding—

(a)brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b)for an alleged animal welfare offence, or another alleged offence against this Act or the Racing Act, the investigation of which gave rise to the claim for compensation.

(2)A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.

(3)In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.

(4)A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.

262What is an original decision

(1)An original decision is a decision to do any of the following—

(a)refuse to grant or renew a licence;

(b)take disciplinary action relating to a licence;

(c)take an exclusion action against a person;

(d)impose a monetary penalty on a person;

(e)impose any other non-monetary penalty on a person;

(f)seize, under this Act or a warrant, an animal or other thing, unless the seizure was in a circumstance mentioned in section 205(1)(a) or (b);

(g)forfeit, under section 208(1), an animal or other thing;

(h)give an animal welfare direction;

(i)another decision prescribed by regulation.

(2)However, the following decisions are not original decisions—

(a)a decision relating to the eligibility of an animal to race or the conditions under which an animal can race;

Example—

the commission’s decision requiring an animal to pass a stated examination or test before being allowed to race

(b)a decision cancelling or suspending a licence for an animal, unless the cancellation or suspension relates to—

(i)a decision to take disciplinary action relating to the licence of a licence holder; or

(ii)a decision to take an exclusion action, under the control body’s rules of racing, against a person;

(c)a decision about a protest or objection against placed animals relating to an incident that happened during a race or trial;

(d)a decision relating to a dispute between a racing bookmaker and a person who placed a bet with the bookmaker for a race;

(e)a decision to stop, restart, rerun, postpone or abandon a race.

263Who is an interested person for an original decision

An interested person for an original decision is—

(a)if the original decision is a decision to seize or forfeit an animal or other thing—

(i)a person who has been given, or is entitled to be given, an information notice about the decision; and

(ii)if the decision relates to an animal—the person in charge of the animal; or

(b)if the original decision is a decision other than to seize or forfeit an animal or other thing—

(i)for a decision about the grant or refusal of a licence—the applicant for the licence; or

(ii)for a decision to give an animal welfare direction—

(A)a person who has been given, or is entitled to be given, an information notice about the decision; and

(B)the person in charge of the animal the subject of the animal welfare direction; or

(iii)for a decision prescribed by regulation—the person prescribed by regulation for the decision; or

(iv)otherwise—the licence holder adversely affected by the original decision.

264Review starts with internal review

A person may not apply for a review of, or an appeal against, an original decision unless there has been an internal review of the decision.

265Applying for internal review of original decision

(1)An interested person for an original decision may apply to the commission for an internal review of the decision.

(2)The application must—

(a)be in the approved form; and

(b)include enough information to enable the commission to decide the application; and

(c)be made to the commission within 14 days after—

(i)the day the person is given the information notice about the decision; or

(ii)if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision.

(2)The commission may, at any time, extend the time for making an internal review application.

266Staying operation of original decision on internal review

(1)The application for an internal review does not stay the original decision.

(2)However, the applicant may immediately apply for a stay of the original decision to the relevant body.

(3)The relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or external review by QCAT.

(4)The relevant body may stay the operation of the internal review decision on conditions the relevant body considers appropriate.

(5)The stay operates for the period decided by the relevant body.

(6)The period of the stay must not extend past the time when the commission makes an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.

(7)An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.

(8)In this section—

relevant body means—

(a)for an original decision to seize or forfeit an animal or

(b)for another original decision—QCAT.

267Reviewing original decision

(1)The commission must, within 20 days after receiving an application for internal review of an original decision—

(a)review the original decision; and

(b)make a decision (the internal review decision) to—

(i)confirm the original decision; or

(ii)amend the original decision; or

(iii)substitute another decision for the original decision; and

(c)give the applicant a notice (the review notice) advising of the internal review decision.

(2)The application may be dealt with only by a person who—

(a)did not make the original decision; and

(b)holds a more senior office than the person who made the original decision.

(3)Subsection (2)—

(a)applies despite the Acts Interpretation Act 1954 , section 27A; and

(b)does not apply to an original decision made personally by the commissioner.

(4)If the internal review decision confirms the original decision, the original decision is taken to be the internal review decision.

(5)If the internal review decision amends the original decision, the original decision as amended is taken to be the internal review decision.

(6)If the internal review decision is not the decision sought by the applicant and the original decision is a decision other than to seize or forfeit an animal or other thing, the review notice must comply with the QCAT Act, section 157(2).

(7)If the internal review decision is not the decision sought by the applicant and the original decision is a decision to seize or forfeit an animal or other thing, the review notice must state the following information—

(a)the day the notice is given to the applicant;

(b)the decision;

(c)the reasons for the decision;

(d)the applicant has a right to appeal to the court against the decision;

(e)how, and the period within which, the applicant may appeal against the decision;

(f)how the applicant may apply to the court for a stay of the operation of the decision.

(8)If the commission does not give the applicant a review notice within 20 days after receiving the application, the commission is taken to have confirmed the original decision.

268Applying for external review

(1)This section applies to a person who, under section 267(6), must be given a review notice complying with the QCAT Act, section 157(2) for an internal review decision.

(2)The person may apply to QCAT, as provided under the QCAT Act, for a review of the internal review decision.

Note—

The QCAT Act, section 22(3) states that QCAT may stay the operation of the internal review decision, either on application by a person or on its own initiative.

269Appealing internal review decision

(1)If an interested person has applied for an internal review of an original decision that is a decision to seize or forfeit an animal or other thing, any interested person for the original decision may appeal to the court against the internal review decision by filing a notice of appeal with the registrar of the court.

(2)The notice of appeal must state fully the grounds of the appeal.

(3)The person must file the notice of appeal within 28 days after a review notice under section 267(1)(c) about the internal review decision is given to the person.

(4)However, the court may, on application, at any time, extend the time for filing the notice of appeal.

(5)The person must serve a copy of the notice of appeal, and any application to extend the time for filing a notice of appeal, on the commission.

(6)The appeal does not—

(a)affect the operation of the internal review decision; or

(b)prevent the internal review decision being implemented.

270Staying operation of internal review decision

(1)The court may, by order, stay the operation of the internal review decision to secure the effectiveness of the appeal.

(2)The court may stay the operation of the internal review decision on conditions the court considers appropriate.

(3)The stay operates for the period decided by the court.

(4)However, the period of the stay must not extend past the time when the court decides the appeal.

271Powers of court on appeal

(1)When deciding an appeal against an internal review decision, the court—

(a)has the same powers as the commission in making the internal review decision; and

(b)is not bound by the rules of evidence; and

(c)must comply with natural justice.

(2)An appeal is by way of rehearing.

(3)The court may—

(a)confirm the internal review decision; or

(b)substitute another decision for the internal review decision; or

(c)set aside the internal review decision and return the matter to the commission with directions the court considers appropriate.

272Effect of court’s decision on appeal

(1)If the court substitutes another decision for the internal review decision—

(a)the substituted decision is taken to be a decision of the commission; and

(b)the commission may give effect to the decision as if—

(i)the decision were the original decision of the commission; and

(ii)no application for review or appeal had been made.

(2)If the court sets aside the internal review decision and returns the matter to the commission with directions, any decision made by the commission in accordance with the directions may not be reviewed or appealed against under this division.

273Particular powers about seizure or forfeiture

(1)If the court confirms an internal review decision about forfeiture, it may also give directions about the sale or disposal of the animal or other thing.

(2)If the court sets aside an internal review decision about seizure or forfeiture, it may also—

(a)order the return of the animal or other thing; or

(b)make another order it considers appropriate for its disposal; or

(c)make an order under section 227.

(3)However, the court must not order the return to a person of any of the following seized things—

(a)an animal or other thing that may be evidence in a proceeding started in relation to the thing seized;

(b)a thing that has been destroyed because it has no intrinsic value;

(c)a thing that has been disposed of because it was perishable;

(d)a thing the person may not lawfully possess.

274Appeal to District Court

An appeal lies to a District Court from a decision of the court, but only on a question of law.

275Betting under this Act is lawful

(1)If betting on the outcome of a race or sporting contingency is conducted under this Act, the betting is lawful.

(2)Subsection (1) does not limit the Wagering Act 1998 .

276Time race meeting taken to commence

A race meeting, under the management of a control body, is taken to commence at the time that, under the direction of the steward who is in charge of the race meeting, betting with racing bookmakers may commence.

277Void betting contracts etc.

Subject to sections 156 and 278—

(a)a contract relating to betting is void; and

(b)a promise, whether express or implied, to do any of the following under or in relation to a contract relating to betting is void—

(i)to pay money to a person;

(ii)to pay money to a person by way of commission, fee, reward or otherwise;

(iii)to pay money to a person for services rendered; and

(c)an action may not be brought in a court to recover money or other property—

(i)alleged to be won or lost on a bet; or

(ii)given to a person as a stakeholder for an event on which a bet has been made; or

(iii)lent or advanced for the purpose of betting.

278Betting and other activities to which s 277 does not apply

Section 277 does not apply—

(a)if the betting is conducted under any of the following Acts—

(i)the Casino Control Act 1982 ;

(ii)the Charitable and Non-Profit Gaming Act 1999 ;

(iii)the Gaming Machine Act 1991 ;

(iv)the Interactive Gambling (Player Protection) Act 1998 ;

(v)the Keno Act 1996 ;

(vi)the Lotteries Act 1997 ;

(vii)the Wagering Act 1998 ; or

(b)to a subscription or contribution, or agreement to subscribe or contribute, for or to a prize, trophy or amount to be awarded to the winner of a lawful game, sport, pastime or exercise or to a person who receives or holds the subscription or contribution for that purpose.

279Approved forms

The chief executive or the commissioner may approve forms for use under this Act.

280Delegations

(1)The Minister may delegate the Minister’s powers under this Act to the chief executive or an appropriately qualified person.

(2)The chief executive may delegate the following to an appropriately qualified person—

(a)the chief executive’s powers under this Act;

(b)a power delegated to the chief executive under subsection (1).

281Protection from civil liability

(1)This section applies to each of the following persons (a relevant person)—

(a)the commissioner;

(b)a deputy commissioner;

(c)a steward;

(d)if an authorised officer has asked another person to help the officer to exercise a power under this Act and the other person is giving the help—the other person;

(e)a person who, under this Act, is required to comply, and is complying, with a direction or requirement under section 192(1) or (2), 197(1), 202(2)(c), 220(1) or 223(2).

(2)A relevant person does not incur civil liability for engaging, or for the result of engaging, in connection with—

(a)for a relevant person mentioned in subsection (1)(a), (b) or (c)—performing a function or exercising a power; or

(b)for a relevant person mentioned in subsection (1)(d) or (e)—giving the help or acting under the direction or requirement.

(3)If subsection (2) prevents a civil liability attaching to a relevant person, the liability attaches instead to the State.

(4)If liability attaches to the State under subsection (3), the State may recover contribution from the relevant person but only if the conduct was engaged in—

(a)other than in good faith; and

(b)with gross negligence.

(5)In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.

(6)This section does not apply to a person who is a State employee under the Public Service Act 2008 , section 26B(4) engaging in conduct in an official capacity under section 26C of that Act.

Note—

For protection from civil liability in relation to State employees, see the Public Service Act 2008 , section 26C.

(7)In this section—

civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.

conduct means an act or omission to perform an act.

282Protection from liability for giving information

(1)This section applies if a person, acting honestly and in good faith, gives an authorised officer information the person reasonably believes may help with an investigation of an animal welfare offence.

Example—

Acting in good faith may include a person choosing a time and a place to give the information to an authorised officer to avoid other people overhearing the information.

(2)The person is not liable, civilly, criminally or under an administrative process, for giving the information.

(3)Also, merely because the person gives the information, the person can not be held to have—

(a)breached any code of professional etiquette or ethics; or

(b)departed from accepted standards of professional conduct.

(4)Without limiting subsections (2) and (3)—

(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and

(b)if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—

(i)does not contravene the Act, oath or rule of law or practice by giving the information; and

(ii)is not liable to disciplinary action for giving the information.

283Sharing of information by authorised officer

(1)Despite section 233, an authorised officer may give information obtained under this Act in the following circumstances—

(a)to a police officer if the authorised officer considers the information will help a police officer in the performance of the police officer’s functions in relation to—

(i)an animal; or

(ii)an animal welfare offence;

(b)to an ACPA authorised person if the authorised officer considers the information will help the ACPA authorised person in the performance of the person’s functions under the Animal Care and Protection Act 2001 in relation to—

(i)an animal; or

(ii)an animal welfare offence.

(2)In this section—

ACPA authorised person means an authorised officer, or inspector, under the Animal Care and Protection Act 2001 .

284Interaction with other laws

(1)Sections 282 and 283 do not limit a power or obligation under another Act or law to give information about an animal or an animal welfare offence.

(2)Sections 282 and 283 apply to information despite any other law that would otherwise prohibit or restrict the giving of the information.

Example of another law for subsection (2)—

Police Service Administration Act 1990 , section 10.1

285Executive officer may be taken to have committed offence

(1)If a corporation commits an offence against section 216, each executive officer of the corporation is taken to have also committed the offence if—

(a)the officer authorised or permitted the corporation’s conduct constituting the offence; or

(b)the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.

(2)The executive officer may be proceeded against for, and convicted of, the offence against section 216 whether or not the corporation has been proceeded against for, or convicted of, the offence.

(3)This section does not affect either of the following—

(a)the liability of the corporation for the offence against section 216;

(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 216.

286Records about drugs and veterinary surgeons

(1)The chief executive (health) may give the commission information relating to the following in the possession of the chief executive (health) under the Health Act 1937 —

(a)a controlled drug, restricted drug or poison, obtained by a veterinary surgeon;

(b)a record a veterinary surgeon is required to keep under that Act about a controlled drug or poison.

Note—

See the Health (Drugs and Poisons) Regulation 1996 , sections 111(1) and 285(1) about records to be kept for controlled drugs and poisons respectively.

(2)In this section—

chief executive (health) means the chief executive administering the Health Act 1937 .

controlled drug see the Health (Drugs and Poisons) Regulation 1996 , appendix 9.

obtain means acquire, buy, receive or otherwise obtain.

poison see the Health (Drugs and Poisons) Regulation 1996 , appendix 9.

restricted drug see the Health (Drugs and Poisons) Regulation 1996 , appendix 9.

287Fees etc. owing to the State are debts

All fees and other amounts due and payable under this Act by a person to the State may be recovered as a debt.

288Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may make provision with respect to—

(a)the matters to be included in a program to audit the suitability of licensed animals, clubs, participants and venues to continue to be licensed; and

(b)the matters to be included in a program for assessing the suitability of control bodies to manage their codes of racing; and

(c)the provisions, or provisions of a type, that must be included in the standards for a code of racing;

(d)a law of another State as a law about racing or betting; and

(e)the fees payable under this Act;

(f)imposing a penalty of no more than 20 penalty units for a contravention of a regulation.

289Main purposes

The main purposes of this chapter are—

(a)to provide for provisions of this Act, that are substantially the same as particular provisions of the Racing Act 2002 as in force immediately before the commencement, to be dealt with as replacements of the particular provisions; and

(b)without limiting paragraph (a), if a matter was dealt with under particular provisions of the Racing Act 2002 as in force immediately before the commencement, to provide for the continuation of the matter under this Act.

290Definitions for chapter

(1)In this chapter—

continuing matter means an existing matter under a previous provision in relation to which there is a corresponding provision and that, as stated in section 291(2), is continued in force or to have effect.

corresponding provision, for a previous provision, means a provision of this Act that is substantially the same as or equivalent to the previous provision.

existing matter, in relation to a previous provision, see section 291.

made includes given and issued.

obligation includes duty.

previous, for a stated provision of the unamended Act that includes a number, means the provision of the unamended Act with that number immediately before the commencement.

previous provision means any of the following provisions of the unamended Act—

(a)sections 47 to 51;

(b)chapter 3, part 2, divisions 2 and 3, part 4 and part 5, division 2;

(c)chapter 3A, part 3;

(d)chapter 6;

(e)chapter 7;

(f)section 352.

protection includes a statement to the effect of any of the following—

(a)that there is no liability;

(b)that there is no invalidity;

(c)that a person has an entitlement.

unamended Act means the Racing Act 2002 as in force immediately before the commencement.

(2)A provision of this Act is substantially the same as or equivalent to a previous provision even if, under the provision of this Act, the commission or the commissioner may perform a function or exercise a power and any of the following could have performed the function or exercised the power under the previous provision—

(a)the chief executive;

(b)the all-codes board;

(c)the Racing Integrity Commissioner;

(d)a control body.

(3)A provision of this Act is substantially the same as or equivalent to a previous provision even if, under the provision of this Act, an authorised officer may perform a function or exercise a power and any of the following could have performed the function or exercised the power under the previous provision—

(a)a compliance officer;

(b)an integrity officer;

(c)an authorised officer.

Note—

Previous section 261(2) provided that a reference in the unamended Act to an authorised officer is a reference to a compliance officer or an integrity officer.

291Document, action, obligation, right or protection under previous provision

(1)This section applies to each of the following matters (each an existing matter)—

(a)a document made or kept under a previous provision if the document continued to have effect or was in force immediately before the commencement;

(b)an action done under a previous provision if the action continued to have effect immediately before the commencement;

(c)an entity’s obligation or right to take action (including a ground for action) under a previous provision if the obligation applied to the entity, or the right to take the action existed, immediately before the commencement;

(d)an entity’s protection under a previous provision that applied to the entity immediately before the commencement;

(2)Subject to a specific provision of this Act about an existing matter in relation to a previous provision, if there is a corresponding provision for the previous provision, the document, action, obligation, right or protection that is the existing matter—

(a)continues in force or to have effect according to its terms; but

(b)is taken to have existed or been made, kept, done or applied under the corresponding provision and may be dealt with under this Act.

Example for subsection (2)—

An existing appointment of a person as a compliance or integrity officer continues to have effect according to its terms. See also section 292(3). The appointment may be terminated under this Act. Also the commission may issue a new identity card under this Act to the person.

(3)Subsection (2)(b) applies whether or not the previous provision refers to the existing matter under a previous provision generally or by reference to the previous provision.

(4)This section is subject to the Racing Act, section 493.

(5)Part 3 includes examples for this section.

Note—

The examples are examples under the Acts Interpretation Act 1954 , section 14D.

292Terminology in things mentioned in s 291

(1)This section applies to a document (the relevant document) that is—

(a)a document mentioned in section 291(1); or

(b)evidence of an existing matter under a previous provision.

(2)A reference in the relevant document to an existing matter under a previous provision is to be read, if the context permits and with the necessary changes to terminology, as if the existing matter existed or were made, kept, done, applied or otherwise provided for under this Act.

(3)Without limiting subsection (2), it is declared that a reference in a relevant document to—

(a)the appointment of a person as a compliance officer or an integrity officer under previous section 261 is an existing matter under a previous provision; and

(b)the necessary changes include that the relevant document is to be read as if the appointment of the person were an appointment of the person as an authorised officer under this Act.

293Period stated in previous provision

(1)This section applies if, under a previous provision, there was a period for doing something, and the period for doing the thing started but did not finish before the commencement.

(2)If there is a corresponding provision to the previous provision and both the corresponding provision and the previous provision provide for the same period, the period for doing the thing continues to have started from when the period started under the previous provision.

Examples—

1See previous section 214 and section 102.

2See previous section 248I and section 147.

294Period or day stated in document given under previous provision

(1)This section applies if—

(a)a previous provision provided for a document to be made under it; and

(b)there is a corresponding provision to the previous provision; and

(c)under the previous provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement.

(2)If the document stated a period for doing something—

(a)the stated period continues to apply for doing the thing; and

(b)the period continues to have started from when the period started under the previous provision.

(3)If the document stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.

(4)If the previous provision and corresponding provision provided that, if the thing were not done by the end of the stated period, the person is liable for an offence for the failure or may be subject to a penalty for the failure, the person does not commit an offence until the stated period ends.

295Action happening before commencement may be relevant to proceeding for particular acts or omissions

(1)Despite the Acts Interpretation Act 1954 , section 20C, an existing matter under a previous provision is not precluded from having relevance to—

(a)an act or omission that happened before the commencement constituting grounds for suspending or cancelling a licence under this Act; or

(b)a proceeding relating to a contravention of a provision of this Act involving an act or omission that happened after the commencement.

(2)In this section—

contravention includes an alleged contravention.

296Examples for previous ss 47–51

The following are examples of continuing matters dealt with under previous sections 47 to 51—

(a)an investigation of a control body as mentioned in previous section 47 or a control body associate as mentioned in previous section 48;

(b)a notice given to a control body or control body associate as mentioned in previous section 49;

(c)a request given to the police commissioner as mentioned in previous section 51.

297Examples for previous ch 3, pt 2, divs 2 and 3, pt 4 and pt 5, div 2

(1)The following are examples of continuing matters dealt with under previous chapter 3, part 2, division 2 or 3, part 4 or part 5, division 2—

(a)a policy for a code of racing, or provisions of a policy, to the extent the policy or provisions are for a licensing scheme as mentioned in previous chapter 3, part 2, division 2;

(b)an application for a licence as mentioned in previous section 88 that has not be granted or refused before the commencement;

(c)an action or obligation that is relevant to a ground for suspending or cancelling a licensed club’s licence as mentioned in previous section 101;

(d)a show cause notice given to a licensed club as mentioned in previous section 102;

(e)the obligation to consider all written representations in relation to a show cause notice as mentioned in previous section 103(2);

(f)an information notice given to a licensed club about the suspension of its licence as mentioned in previous section 104 or the censure of it as mentioned in previous section 105;

(g)a direction to rectify a matter as mentioned in previous section 106 and an obligation to comply with a direction as mentioned in previous section 106(5);

(h)an information notice given to a licensed club about the suspension or cancellation of its licence as mentioned in previous section 107.

(2)For subsection (1)(a), a policy or provisions of a policy mentioned in that paragraph are taken to be standards made under this Act.

(3)For subsection (1)(b), the application for a licence is taken to have been made to the commission and, for that purpose, the control body to which the application was made must give the commission the application and any document or information relevant to the application.

298Examples for previous ch 3A, pt 3

The following are examples of continuing matters dealt with under previous chapter 3A, part 3—

(a)a notice requiring a person to attend to answer questions relevant to an audit or investigation as mentioned in previous section 113AU;

(b)a notice requiring a person to give information or produce a document or thing as mentioned in previous section 113AV;

(c)an obligation applying to a person given a notice under previous section 113AU or 113AV, or appearing as a witness at an audit or investigation, as mentioned in previous section 113AW.

299Examples for previous ch 6

The following are examples of continuing matters dealt with under previous chapter 6—

(a)an application for an eligibility certificate as mentioned in previous section 207(1) that has not been granted or refused before the commencement, including—

(i)a consent for a matter mentioned in previous section 207(2)(b) or (c); and

(ii)an agreement to obtain a consent as mentioned in previous section 207(2)(d);

(b)a notice given to an applicant for an eligibility certificate, requiring the applicant to give the gaming executive further information or a document about the application, as mentioned in previous section 208;

(c)an obligation or power to cause the taking of fingerprints as mentioned in previous section 209;

(d)an obligation under previous section 210 to consider an application for an eligibility certificate and either grant or refuse to grant the application;

(e)a request to the police commissioner about a person as mentioned in previous section 212A, or for a written report as mentioned in previous section 213, and the obligation of the police commissioner to comply with the request;

(f)a notice given as mentioned in previous section 214 or 215 requiring a business associate, executive associate or control body to give the gaming executive information or a document the gaming executive believes is relevant to an investigation and the obligation to comply with the notice;

(g)an eligibility certificate given by the gaming executive, or an information notice about the decision to refuse to grant an application for an eligibility certificate, as mentioned in previous section 217;

(h)the approval of an audit program for investigating certificate holders as mentioned in previous section 223;

(i)an investigation of a certificate holder or a business associate or executive associate under previous section 224 or 225, including a request to the police commissioner and an obligation by the police commissioner to comply with the request, as mentioned in those previous sections and previous section 227;

(j)a notice given under previous section 226 or 228 and the obligation to comply with a requirement in the notice as mentioned in previous section 229;

(k)a ground for cancelling an eligibility certificate as mentioned in previous section 230, a show cause notice relating to a ground as mentioned in previous section 231 and the obligation to consider all written representations in relation to the show cause notice as mentioned in previous section 233;

(l)an information notice about the cancellation of an eligibility certificate given to a certificate holder as mentioned in previous section 230A or 236 or the censure of the holder as mentioned in previous section 235(4);

(m)an obligation to return an eligibility certificate, or to give the gaming executive a statutory declaration, as mentioned in previous section 237;

(n)an obligation to destroy an individual’s fingerprints as mentioned in previous section 241;

(o)the right to apply for a review of a gaming executive’s decision as mentioned in previous section 242 and the procedures applicable to the review as mentioned in previous section 242A including protections mentioned in that previous section;

(p)an application for an offcourse approval as mentioned in previous section 243 that has not been granted or refused before the commencement, a notice requesting further information or a document to decide the application as mentioned in previous section 244 or 245 and a notice asking an applicant to review an undertaking that accompanied an application as mentioned in previous section 246;

(q)a notice of a decision about an application for an offcourse approval as mentioned in previous section 248B;

(r)a ground for cancelling a bookmaker’s offcourse approval as mentioned in previous section 248C, a show cause notice relating to a ground as mentioned in previous section 248D and the obligation to consider all representations in relation to the show cause notice as mentioned in previous section 248F;

(s)a notice about the decision to cancel a bookmaker’s offcourse approval given to the bookmaker as mentioned in previous section 248H and the obligation to comply with a direction to return the offcourse approval as mentioned in previous section 248I;

(t)an information notice about the censure of a racing bookmaker as mentioned in previous section 248K or the immediate suspension of an offcourse approval as mentioned in previous section 248M;

(u)an approval of a telecommunications system and the making of a bet, a consent to a recording of a betting transaction and the confirmation of the transaction, as mentioned in previous section 249(1);

(v)a direction for an independent audit of a telecommunications system and a requirement to give the Minister the results of the audit, as mentioned in previous section 249(3);

(w)a declaration of sporting contingency as mentioned in previous section 255 that has not happened before the commencement;

(x)an application to authorise a person to act as a racing bookmaker’s agent by carrying on bookmaking as the racing bookmaker for a period as mentioned in previous section 256 and an authority granted under that section;

(y)an obligation to give notice about a licensing, a refusal to licence or the exercising of disciplinary action as mentioned in previous section 257 or the power to give information as mentioned in previous section 258;

(z)a delegation as mentioned in previous section 259 and an approval of forms as mentioned in previous section 260.

300Examples for previous ch 7

The following are examples of continuing matters dealt with under previous chapter 7—

(a)subject to section 292(3), the appointment of a person as a compliance officer or an integrity officer as mentioned in previous section 261, including conditions stated in the officer’s instrument of appointment or a signed notice given to the officer as mentioned in previous section 263;

Note—

Previous section 261(2) provided that a reference in the unamended Act to an authorised officer is a reference to a compliance officer or an integrity officer.

(b)an identity card that was issued to a person mentioned in paragraph (a) under previous section 264;

(c)an application for a warrant as mentioned in previous section 273 or 275 that has not been granted or refused before the commencement, and a warrant issued by a magistrate under previous section 274 or a special warrant issued under previous section 275;

(d)the seizure of a thing before the commencement as mentioned in previous chapter 7, part 2, division 4 and obligations under that division for not tampering, or attempting to tamper, with a thing, or something restricting access to a thing, seized before the commencement, or for returning a thing seized before the commencement;

(e)the entitlement to be paid reasonable compensation as mentioned in previous section 309 in relation to loss or damage that happened before the commencement.

301Licences and other documents under policies

(1)This section applies to—

(a)a control body’s policy for a licensing scheme for a code of racing as in force immediately before the commencement; and

(b)a current licence granted by the control body for the code of racing under the policy; and

(c)any of the following in relation to the current licence—

(i)a document that continued to have effect or was in force immediately before the commencement;

(ii)an action done in relation to the current licence if the action continued to have effect immediately before the commencement;

(iii)an entity’s obligation or right to take action (including a ground for action) in relation to the current licence if the obligation applied to the entity, or the right to take the action existed, immediately before the commencement;

(iv)an entity’s protection in relation to the current licence that applied to the entity immediately before the commencement.

(2)The current licence continues to have effect for the code of racing to the same extent as it did under the unamended Act.

(3)The document, action, obligation, right or protection in relation to the licence as mentioned in subsection (1)(c) continues in force or to have effect.

(4)For this section, a reference to a control body in the policy for the licensing scheme, the current licence or the document, action, obligation, right or protection in relation to the licence is to be taken as a reference to the commission.

(5)In this section—

current licence means a licence granted under a policy that, before the commencement, has not ended under the policy and includes a licence that is suspended.

302Offences before commencement

The Racing Act, section 493 does not limit the application of section 295(1)(b), including, for example, if an offence against this Act is a continuing offence and involves an act or omission that happened before the commencement.

303 Acts Interpretation Act 1954 , s 20 not limited

This chapter does not limit the Acts Interpretation Act 1954 , section 20.

304Transitional regulation-making power

(1)A regulation (a transitional regulation) may make provision of a saving or transitional nature about any matter—

(a)for which it is necessary to make provision to allow or to facilitate the doing of anything to achieve the transition from the previous provisions to this Act; and

(b)for which this Act does not provide or sufficiently provide.

(2)A transitional regulation may have retrospective operation to a day that is not earlier than the commencement.

(3)A transitional regulation must declare it is a transitional regulation.

(4)This part and any transitional regulation expire 1 year after the commencement.

(5)The Acts Interpretation Act 1954 , section 20A, as applied under the Statutory Instruments Act 1992 , section 14, applies in relation to the expiry.

305Act amended

This part amends this Act.

306Amendment of long title

Long title, from ‘, and to amend’— omit.

307Act amended

This part amends the Animal Care and Protection Act 2001 .

308Amendment of s 7 (Relationship with certain other Acts)

Section 7(1)—
insert—

(c)the Racing Integrity Act 2015 .

309Replacement of s 115 (Functions)

Section 115—
omit, insert—

115Functions

(1)The functions of an inspector are to investigate and enforce compliance with the following—

(a)this Act;

(b)the Racing Integrity Act 2015 , section 216;

(c)the Criminal Code, section 242 or 468.

(2)To remove any doubt, it is declared that the functions relating to investigating and enforcing compliance with this Act include investigating whether a person lawfully is doing or has done an act, or lawfully is making or has made an omission, authorised under an Act mentioned in section 7(1).

310Insertion of new s 215A

After section 215—
insert—

215A Protection from liability for giving information

(1)This section applies if a person, acting honestly and in good faith, gives an inspector information the person reasonably believes may help with an investigation of an animal welfare offence.

Example—

Acting in good faith may include a person choosing a time and a place to give the information to an inspector to avoid other people overhearing the information.

(2)The person is not liable, civilly, criminally or under an administrative process, for giving the information.

(3)Also, merely because the person gives the information, the person can not be held to have—

(a)breached any code of professional etiquette or ethics; or

(b)departed from accepted standards of professional conduct.

(4)Without limiting subsections (2) and (3)—

(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and

(b)if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—

(i)does not contravene the Act, oath or rule of law or practice by giving the information; and

(ii)is not liable to disciplinary action for giving the information.

215B Sharing of information by authorised officer or inspector

(1)Despite section 85, an authorised officer or inspector may give information obtained under this Act in the following circumstances—

(a)to a police officer if the authorised officer or inspector reasonably believes the information will help a police officer in the performance of the police officer’s functions in relation to—

(i)an animal; or

(ii)an animal welfare offence;

(b)to a RIA authorised officer if the authorised officer or inspector reasonably believes the information will help an RIA authorised officer in the performance of the officer’s functions under the Racing Integrity Act 2015 in relation to—

(i)an animal; or

(ii)an animal welfare offence.

(2)In this section—

RIA authorised officer means an authorised officer under the Racing Integrity Act 2015 .

215C Interaction with other laws

(1)Sections 215A and 215B do not limit a power or obligation under another Act or law to give information about an animal or an animal welfare offence.

(2)Sections 215A and 215B apply to information—

(a)despite any other law that would otherwise prohibit or restrict the giving of the information; and

(b)whenever the information was obtained including before the commencement.

Example of another law for paragraph (a)—

Police Service Administration Act 1990 , section 10.1

311Amendment of schedule (Dictionary)

Schedule, definition animal welfare offence—
insert—

(c)the Racing Integrity Act 2015 , section 216.

312Act amended

This part amends the Racing Act 2002 .

Note—

See also the amendments in schedule 2, part 1.

313Amendment of long title

Long title, from ‘for the’—
omit, insert—

for the management, operation, development and promotion of the racing industry in Queensland

314Replacement of s 4 (Main purposes of Act and how they generally are achieved)

Section 4—
omit, insert—

4Main purpose of Act

(1)The main purpose of this Act is to provide for control bodies to manage, operate, develop and promote codes of racing in a way that ensures public confidence in the racing industry in Queensland.

(2)The main purpose is primarily achieved through the establishment of—

(a)the Racing Queensland Board for the thoroughbred, harness and greyhound codes of racing; and

(b)a process by which an eligible corporation may be approved as a control body for another code of racing; and

(c)a framework for how all control bodies are to undertake the management, operation, development and promotion of codes of racing; and

(d)a cooperative approach among entities under this Act with the commission.

315Omission of s 6 (Betting under this Act is lawful)

Section 6—
omit.

316Omission of ch 2, pt 1

Chapter 2, part 1—
omit.

317Replacement of ch 2, pt 1A, hdg, div 1, hdg and s 9AA

Chapter 2, part 1A, heading, division 1, heading and section 9AA—
omit, insert—

Part 1A Racing Queensland Board

Division 1 Establishment of board and its status

9AA Racing Queensland Board

The Queensland All Codes Racing Industry Board, formerly established under this Act, is continued in existence under this Act under the name Racing Queensland Board.

318Replacement of ch 2, pt 1A, div 2, hdg and ss 9AD–9AG

Chapter 2, part 1A, division 2, heading and sections 9AD to 9AG—
omit, insert—

9ACA Nature of board

The board is not a body corporate and does not represent the State.

Division 2 Board’s functions and powers

9AD Functions of board

(1)The primary function of the board is to be the control body in relation to each of the board codes of racing and, as stated in section 33, to manage its codes of racing.

(2)The board must perform its primary function in a way that is in the best interests of the board codes of racing collectively while having regard to the interests of each individual code.

(3)The primary function includes, but is not limited to, each of the following matters relevant to the board codes of racing collectively and individually—

(a)identifying, assessing and developing responses to strategic issues, including challenges relevant to each code and all the board codes of racing;

(b)leading and undertaking negotiations with other entities about the strategic issues, and about agreements, that affect each code and all the board codes of racing;

(c)identifying priorities for major capital expenditure for each code and all the board codes of racing;

(d)developing and implementing plans and strategies for developing, promoting and marketing each code and all the board codes of racing;

(e)making recommendations to the Minister as it considers appropriate;

(f)working collaboratively with the commission and others to ensure the integrity of the racing industry in Queensland;

(g)considering a matter referred to the board by the Minister and reporting to the Minister about the matter.

9AE Powers of board

(1)The board has—

(a)the powers mentioned in section 34 as the control body for each board code of racing; and

(b)the powers stated in subsection (2); and

(c)the powers to do anything else necessary or convenient for performing its primary function or otherwise to discharge an obligation imposed on the board under this Act or another Act.

(2)The board has the powers of an individual and may, for example—

(a)enter into contracts and agreements; and

(b)acquire, hold, deal with or dispose of property; and

(c)engage consultants or contractors; and

(d)appoint agents and attorneys; and

(e)employ staff.

(3)Subject to section 9AD(2), if a provision of this Act states that a control body—

(a)must exercise a power in relation to a code of racing, the board must exercise the power for each board code of racing individually; and

(b)may exercise a power in relation to a code of racing, the board may exercise the power for each board code of racing individually.

9AG Board to pay amount of net UBET product fee as prize money each year or otherwise use amount

(1)The board must pay an amount that is at least 5.32% of its net UBET product fee for each year as prize money for non-UBET thoroughbred races conducted during that year by non-UBET thoroughbred clubs.

(2)If the board has not paid an amount that is at least 5.32% of its net UBET product fee for a year as required under subsection (1), the board must use the shortfall amount for the year in the following year to support non-UBET thoroughbred racing.

Example of use of the shortfall amount for supporting non-UBET thoroughbred racing—

carrying out maintenance at a non-UBET thoroughbred club

(3)To remove any doubt, it is declared that—

(a)subsections (1) and (2) do not prevent the board—

(i)paying more than 5.32% of its net UBET product fee for a year as prize money for non-UBET thoroughbred races conducted by non-UBET thoroughbred clubs in the year; or

(ii)using an amount, that is more than the shortfall amount for a year, in the following year to support non-UBET thoroughbred racing; and

(b)an amount used as the shortfall amount for a year is not to be included when working out the amount of prize money for non-UBET thoroughbred races conducted by non-UBET thoroughbred clubs in the following year.

(4)In this section—

net UBET product fee, in relation to a control body, means the amount of the product fee paid to the control body less the following amounts—

(a)an amount paid by the control body to Queensland Race Product Co Ltd ACN 081 743 722 for administrative costs;

(b)an amount paid by the control body to the commission for the provision of integrated scientific and professional services.

non-UBET thoroughbred club means a club for which UBET does not, or is unlikely to, offer wagering on the majority of the club’s races of thoroughbred horses.

non-UBET thoroughbred race means a race of thoroughbred horses on which UBET does not, or is unlikely to, offer wagering.

product fee means the product fee under the Queensland Product and Program Deed entered into by TattsBet Limited ACN 085 691 738 and the Queensland All Codes Racing Board, that came into effect on 1 July 2014.

Note—

On 1 April 2015, the name of TattsBet Limited was changed to UBET Qld Limited.

shortfall amount, for a year, means the amount worked out using the formula—

F - P

where—

F means the amount that is 5.32% of the net UBET product fee for the year.

P means the amount paid by the board as prize money for non-UBET thoroughbred races conducted by non-UBET thoroughbred clubs in the year.

year means a financial year.

319Replacement of ss 9AI and 9AJ

Sections 9AI and 9AJ—
omit, insert—

9AIMembers

(1)The board consists of the following 7 members appointed by the Governor in Council—

(a)4 members appointed as mentioned in section 9AJ(1) (each of whom is a non-industry member);

(b)3 members appointed as mentioned in section 9AJ(2) (each of whom is a racing-industry member).

(2)A member is to be appointed for a term of not more than 3 years.

(3)A person appointed as a member may be reappointed.

9AJAppointment to board

(1)The Governor in Council may appoint a person as a non-industry member only if the person—

(a)is, on the day of the appointment, an eligible individual and was, for 2 years before that day, an eligible individual; and

(b)is suitable to be appointed to the board; and

(c)has skills and experience in 1 or more of the following areas in a way that will complement the skills and experience of the other non-industry members so that, as a group, the non-industry members have skills and experience in all the areas—

(i)accounting;

(ii)animal welfare;

(iii)business;

(iv)commercial and marketing development;

(v)law.

(2)The Governor in Council may appoint a person as a racing-industry member only if the person—

(a)is, on the day of the appointment, an eligible individual; and

(b)is suitable to be appointed to the board; and

(c)has skills and experience in at least 1 of the board codes of racing.

(3)For making a decision about a person’s suitability to be appointed to the board, the Governor in Council must have regard to each of the following matters—

(a)the person’s character or business reputation;

(b)the person’s current financial position and financial background;

(c)the person’s background.

(4)The instrument of appointment of a person as a racing-industry member must state the board code of racing that the person is to represent.

320Amendment of s 9AK (Vacancy in member’s office)

(1)Section 9AK(1), ‘of the all-codes board’—
omit.

(2)Section 9AK(1)(a)—
omit.

(3)Section 9AK(1)(d)—
omit, insert—

(d)the member is absent, without reasonable cause, from 3 consecutive meetings of the board after being given notice of the meeting and, within 6 weeks after the last of those meetings, is not excused by the board for the 3 absences; or

(4)Section 9AK(1)(b) to (e)—
renumber as section 9AK(1)(a) to (d).

(5)Section 9AK(2), ‘of the all-codes board from office as member’
omit, insert—

from office as a member

321Amendment of s 9AL (Chairperson and deputy chairperson of all-codes board)

(1)Section 9AL, heading, ‘of all-codes board’—
omit.

(2)Section 9AL(1) and (2)—
omit, insert—

(1)The Governor in Council must appoint 1 of the non-industry members as the chairperson of the board.

(2)The Governor in Council must appoint 1 of the non-industry members as the deputy chairperson of the board.

(3)Section 9AL(3), ‘of the all-codes board’—
omit.

322Amendment of s 9AS (Quorum)

Section 9AS, from ‘all-codes’, first mention—
omit, insert—

board is at least 4 members.

323Amendment of s 9AT (Presiding at meetings)

(1)Section 9AT(1), ‘of the all-codes board’ to ‘board at’—
omit, insert—

presides at all meetings of the board at

(2)Section 9AT—
insert—

(3)If both the chairperson and deputy chairperson are absent from a meeting, including because of a vacancy in an office of chairperson or deputy chairperson, the non-industry board member chosen by the members present is to preside at the meeting.

324Amendment of s 9AU (Conduct of meetings)

(1)Section 9AU(1), (3) and (5), ‘all-codes’
omit.

(2)Section 9AU(2), ‘of the all-codes board’—
omit.

(3)Section 9AU(4), ‘chairperson of the all-codes board’—
omit, insert—

person who, under section 9AT, is presiding at the meeting

325Amendment of s 9AZ (Chief executive officer of all-codes board)

(1)Section 9AZ, heading, ‘all-codes’—
omit.

(2)Section 9AZ(1) and (2), ‘all-codes’—
omit.

(3)Section 9AZ(3)(a)—
omit.

(4)Section 9AZ(3)(b), ‘all-codes’—
omit.

(5)Section 9AZ(3)(c)—
omit, insert—

(c)is, on the day of the appointment, an eligible individual; and

(6)Section 9AZ(3)(f)—
omit, insert—

(f)is not, on the day of the appointment, and was not, for 2 years before that day, a member, commissioner, deputy commissioner or employee of the commission.

(7)Section 9AZ(3)(b) to (f)—
renumber as section 9AZ(3)(a) to (e).

(8)Section 9AZ(4), ‘subsection (3)(d)’—
omit, insert—

subsection (3)(c)

326Amendment of s 9BC (Remuneration and conditions of appointment)

(1)Section 9BC(1), ‘of the all-codes board’—
omit.

(2)Section 9BC(2) and (3)—
omit, insert—

(2)The chief executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council, including, for example, remuneration and allowances.

327Amendment of s 9BH (Obtaining criminal history of candidate)

Section 9BH—
insert—

(4)In this section—

candidate means a candidate as mentioned in section 9BG who has given a signed consent form for a criminal history check.

328Amendment of s 9BI (Duty to act honestly and exercise care and diligence)

(1)Section 9BI(1) and (4)(a),‘all-codes’—
omit.

(2)Section 9BI(2)(b) and (3)(b)—
omit, insert—

(b)to cause detriment to the board or a board code of racing.

329Amendment of s 9BJ (Member must disclose interest)

(1)Section 9BJ(1)(a)—
omit, insert—

(a)a member who is present at a meeting of the board (the interested member) has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at the meeting; and

Note—

See section 9AU(2).

(2)Section 9BJ(2), ‘a meeting of the all-codes board’—
omit, insert—

the meeting

(3)Section 9BJ(2)—
insert—

Maximum penalty—40 penalty units.

(4)Section 9BJ(3) to (7) and (9), ‘all-codes’—
omit.

(5)Section 9BJ(8)—
omit, insert—

(8)If a member is a racing-industry member, the member may have regard to and act in the interests of the board code of racing stated in the member’s instrument of appointment.

330Amendment of s 9BK (Conflicts of interest)

(1)Section 9BK(1) and (2), ‘all-codes’—
omit.

(2)Section 9BK(1)—
insert—

Maximum penalty—40 penalty units.

(3)Section 9BK—
insert—

(2A)If a disclosure is made by a person to the board as mentioned in subsection (1), the board must give notice to the commission within 14 days after the disclosure about—

(a)the disclosure; and�

(b)any direction given by the board to the person.

(4)Section 9BK(2A) and (3)—
renumber as section 9BK(3) and (4).

331Amendment of s 9BM (Ministerial direction to all-codes board about its functions or powers)

(1)Section 9BM, heading, ‘all-codes’—
omit.

(2)Section 9BM(1), (3) and (4), ‘all-codes’—
omit.

(3)Section 9BM(2), ‘give the all-codes board’—
omit, insert—

give the board

(4)Section 9BM(2)(a), ‘clubs licensed by the all-codes board’—
omit, insert—

licensed clubs

(5)Section 9BM(2)(c) and (d)—
omit, insert—

(c)stopping, restarting, rerunning, postponing or abandoning a race.

332Omission of ch 2, pt 1A, div 10 and pt 1B

Chapter 2, part 1A, division 10 and part 1B—
omit.

333Amendment of s 10 (An eligible corporation may apply for approval as a control body)

(1)Section 10(1), from ‘control body for’—
omit, insert—

control body for a proposed code of racing.

(2)Section 10(2), ‘code of racing or’—
omit.

(3)Section 10(3)(b), ‘under a regulation’—
omit, insert—

by regulation

334Amendment of s 11 (Approval application to be accompanied by specific matters)

(1)Section 11(1)(a), ‘under a regulation’—
omit, insert—

by regulation

(2)Section 11(1)(f)—
omit, insert—

(f)the approval applicant’s plans for managing the application code and a timetable for implementing all the plans.

(3)Section 11(2), after ‘policies’—
insert—

and the procedures

(4)Section 11(2)(b), (c) and (g)—
omit.

(5)Section 11(2)(e)(i), ‘from it as a control body’—
omit.

(6)Section 11(2)(d), (e) and (f)—
renumber as section 11(2)(b), (c) and (d).

(7)Section 11(3), from ‘approval applicant’s proposal’—
omit, insert—

draft strategic plan and operational plan for the application code, that comply with the prescribed requirements under section 45K for the plans, for the financial year in which it is reasonably likely that the application may be approved.

335Amendment of s 12 (Evidence of matters to be included in an approval application)

Section 12(c)—
omit, insert—

(c)each of its executive officers has skills and experience in 1 or more of the following areas—

(i)the application code;

(ii)accounting;

(iii)animal welfare;

(iv)business;

(v)commercial and marketing development;

(vi)law.

336Amendment of s 13 (Minister to refer an approval application to the chief executive for assessment and other action)

(1)Section 13, heading, ‘to the chief executive’—
omit.

(2)Section 13(1), from ‘refer it’—
omit, insert—

refer it to—

(a)the chief executive for assessment under this Act; and

(b)the commission for assessment under the Racing Integrity Act.

(3)Section 13(2)(b), after ‘assess’—
insert—

under this Act

337Amendment of s 14 (Advertising notice about an approval application)

Section 14(2), after ‘to the chief executive’—
insert—

or the commission

338Amendment of s 15 (Objection to approval application)

(1)Section 15(1), after ‘chief executive’—
insert—

or the commission

(2)Section 15—
insert—

(3)If the chief executive is given a submission as mentioned in subsection (1), the chief executive must give the commission a copy of it.

339Amendment of s 17 (Chief executive must call meeting of all approval applicants)

(1)Section 17—
insert—

(2A)The chief executive, by notice to the commission, must—

(a)tell the commission about calling the meeting and the details of the meeting; and

(b)invite the commission to attend the meeting as an observer.

(2)Section 17(2A) and (3)—
renumber as section 17(3) and (4).

340Amendment of s 24 (Minister to consider and decide approval application)

(1)Section 24(2)(a)—
omit, insert—

(a)the assessment report and any assessment report of the commission under the Racing Integrity Act about the approval application;

(2)Section 24(2)(c) and (d), after ‘chief executive’—
insert—

or the commission

(3)Section 24(3)(c)—
omit, insert—

(c)the application code is suitable to be a code of racing and the approval applicant is suitable to be approved as the control body for the code of racing.

341Amendment of s 26 (When Minister must give an approval to approval applicant)

Section 26(3)(a), from ‘if’ to ‘racing—’—
omit.

342Amendment of s 32B (Notice of event resulting in a control body not being an eligible corporation)

Section 32B(1), from ‘about the event’—
omit, insert—

under subsection (2) about the event to the chief executive and the commission.

343Amendment of s 32C (Ministerial direction to approved control body about its policies or rules)

Section 32C(1)(c), ‘the control body’s’—
omit.

344Amendment of s 32F (Grounds for disciplinary action relating to the approval of a control body for its code of racing)

(1)Section 32F(1)(d), after ‘this Act’—
insert—

or the Racing Integrity Act

(2)Section 32F(1)(g)—
omit.

(3)Section 32F(1)(h), from ‘to give’ to ‘chief executive’—
omit, insert—

or the Racing Integrity Act to give to the Minister, chief executive or commission

(4)Section 32F(1)(h)—
renumber as section 32F(1)(g).

345Amendment of s 32I (Immediate suspension of an approval)

Section 32I(1)(b)(i), ‘to be held under the control of’—
omit, insert—

managed by

346Amendment of s 34 (Powers of control body for its code of racing)

(1)Section 34(1)(b), after ‘this Act’—
insert—

or another Act

(2)Section 34(2)—
omit, insert—

(2)Without limiting subsection (1), a control body may do any of the following for any of its codes of racing—

(a)allocate dates on which, and places at which, race meetings are to be held for the code of racing;

(b)prepare and implement plans and strategies for developing, promoting and marketing the commercial operations of the code of racing;

(c)encourage and facilitate the development of ancillary racing activities for the code of racing, including, for example, the breeding and training of animals;

(d)distribute an amount—

(i)as prize money for races; or

(ii)to a licensed club, on conditions the control body considers appropriate, for a purpose relating to the operations of the club; or

(iii)for undertaking research and analysis for the code of racing;

(e)investigate, make decisions about and, on conditions the control body considers appropriate, allocate funding for venue development and other infrastructure relevant to the code of racing;

(f)supervise—

(i)the construction of a new racing venue; or

(ii)alterations or renovations to an existing racing venue;

(g)examine a licensed club’s constitution to determine if it complies with this Act and the relevant rules of racing;

(h)publish material to inform the public, whether in Queensland or elsewhere;

(i)prepare, on its own motion or when directed by the Minister, reports and recommendations;

(j)order the audit of the books and accounts of a licensed club by a registered company auditor under the Corporations Act;

(k)enter into reciprocal arrangements with entities in other States, or in countries other than Australia, that have similar powers to the control body for recognising—

(i)the activities conducted by, or under the control of, the entities in the other States or the countries; and

(ii)another matter or thing relating to managing the code of racing;

(l)issue race information authorities under section 113AF(1);

(m)establish a committee or another entity that—

(i)assists the control body to perform its functions; or

(ii)provides advice to the control body about performing its functions, and performs administrative functions, for non-UBET races.

(3)Section 34(5) and (6)—
omit, insert—

(5)In this section—

non-UBET races means races on which UBET does not, or is unlikely to, offer wagering.

347Amendment of s 35 (Control body may charge fees for its services)

(1)Section 35(1), after ‘A control body’—
insert—

for a code of racing

(2)Section 35(2), ‘, including matters relating to licensing,’—
omit.

(3)Section 35(3), after ‘under this Act’—
insert—

or to the commission for the purposes of the Racing Integrity Act

348Omission of s 37 (Obligation to have internal controls)

Section 37—
omit.

349Amendment of s 38 (Obligation to have racing calendar for code of racing)

(1)Section 38(1), after ‘A control body’—
insert—

for a code of racing

(2)Section 38(1)(f)—
omit, insert—

(f)a declaration under the Racing Integrity Act of a sporting contingency within the meaning of that Act.

350Omission of ss 39 and 40

Sections 39 and 40—
omit.

351Replacement of ch 2, pt 3, div 3, hdg (Reporting to chief executive)

Chapter 2, part 3, division 3, heading—
omit, insert

Division 3 Reporting about particular changes or events

352Omission of s 41 (Plan for managing code of racing)

Section 41—
omit.

353Amendment of s 44 (Notice of event resulting in executive officer no longer being an eligible individual)

Section 44(1)—
insert—

Maximum penalty—40 penalty units.

354Insertion of new ch 2, pt 3, divs 4 and 5 and div 6, hdg

After section 44—
insert—

Division 4 Reporting generally to Minister

45Quarterly reports

(1)A control body for a code of racing must give the Minister a report on the control body’s operations for the code for each quarter in a financial year.

Note—

As the control body for each board code of racing, the board must give the Minister 3 reports each quarter.

(2)Each quarterly report must be given to the Minister—

(a)within 6 weeks after the end of the quarter; or

(b)if another period after the end of the quarter is agreed between the control body and the Minister—within the agreed period.

(3)A quarterly report must contain the information required to be given in the report under the control body’s operational plan for the code of racing.

(4)In this section—

quarter, in a financial year, means the following periods in the year—

(a)1 July to 30 September;

(b)1 October to 31 December;

(c)1 January to 31 March;

(d)1 April to 30 June.

45AControl body to keep Minister informed

(1)A control body for a code of racing must keep the Minister reasonably informed of—

(a)its operations, financial performance and financial position in relation to the code; and

(b)its achievement of the objectives in its strategic and operational plans for the code.

(2)A control body for a code of racing must immediately advise the Minister of any matters that arise that, the control body considers, may—

(a)prevent or impact on the control body’s achievement of the objectives in its strategic and operational plans for the code; or

(b)significantly impact on the public confidence in the code of racing.

45BReporting to department

(1)By notice given to a control body, the Minister may require the control body to report to the chief executive for the purposes of section 45A.

(2)A control body given a requirement under subsection (1) must comply with it.

45COther reporting requirements

Sections 45 and 45A do not limit the matters about which a control body is required to keep the Minister informed or limit the reports or information that the control body is required to give under this Act or another Act.

Division 5 Strategic and operational plans

45DInteraction of division with Financial Accountability Act 2009

(1)If something is required to be done by the board under this division as a control body for a code of racing and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with this division is sufficient compliance with the Financial Accountability Act 2009 .

(2)Otherwise, the requirements that apply under this division to the board as a control body for a code of racing are in addition to the requirements under the Financial Accountability Act 2009 .

(3)If there is an inconsistency between the application of this division to the board as a control body for a code of racing and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.

45EControl body to prepare draft strategic and operational plans

(1)Before 31 March each year, a control body for a code of racing must prepare, and give to the Minister, a draft strategic plan and a draft operational plan for the code for the next financial year.

(2)The control body and the Minister must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.

45FProcedures

(1)The Minister may return a draft strategic or operational plan to the control body and ask it—

(a)to consider, or further consider, a stated thing and deal with the thing in the draft plan; and

(b)to revise the draft plan in the light of the control body’s consideration or further consideration.

(2)The control body must comply with the request as a matter of urgency.

(3)If the Minister has not agreed to the draft plan by 1 month before the start of the financial year, the Minister may, by notice, direct the control body—

(a)to take stated steps in relation to the draft plan; or

(b)to make stated modifications of the draft plan.

(4)The control body must immediately comply with the direction and include a copy of the direction in the plan.

45GStrategic or operational plan pending agreement

(1)This section applies if the Minister and a control body have not agreed to a draft strategic or operational plan before the start of a financial year.

(2)The draft plan given, or last given, by the control body to the Minister before the start of the financial year, with any modifications made by the control body, whether before or after that time, at the direction of the Minister, is taken to be the control body’s strategic or operational plan.

(3)Subsection (2) applies until a draft strategic or operational plan becomes the control body’s strategic or operational plan under section 45H.

45HStrategic or operational plan on agreement

When a draft strategic or operational plan relating to a code of racing has been agreed to in writing by the Minister, it becomes the control body’s strategic or operational plan for the code for the relevant financial year.

45ICompliance with strategic and operational plans

A control body for a code of racing must comply with its strategic and operational plans for the code for the relevant financial year.

45JModifications of strategic or operational plan

(1)A control body may modify its strategic or operational plan for a code of racing only with the written agreement of the Minister.

(2)The Minister may, by notice, direct a control body for a code of racing to modify its strategic or operational plan for the code.

45KContent of operational plan and strategic plan

A control body’s operational plan or strategic plan for a code of racing for a financial year must comply with any requirements prescribed by regulation for the plan.

Division 6 Executive officers of control body to disclose interest in licensed animals

355Omission of ch 2, pt 4, hdg, div 1 and div 2, hdg

Chapter 2, part 4, heading, division 1 and division 2, heading—
omit.

356Amendment of s 60A (Disclosure of interest in licensed animal by executive officer of control body)

(1)Section 60A(3)—
omit, insert—

(3)The control body must—

(a)within 14 days after the disclosure, give notice about the disclosure to the Minister, the chief executive and the commission; and

(b)if any other person requests information about the disclosure, make the information available to the person.

(2)Section 60A(5) and (6), ‘subsection (3)’—
omit, insert—

subsection (3)(b)

(3)Section 60A(7)—
omit.

(4)Section 60A(8), definition relevant persons, paragraph (a), ‘all-codes’—
omit.

(5)Section 60A(8)—
renumber as section 60A(7).