Racing Act 2002

An Act to provide for the management, operation, development and promotion of the racing industry in Queensland

Long title amd 2016 No. 12 s 302

1Short title

This Act may be cited as the Racing Act 2002.

2Commencement

(1)Subject to subsection (2), this Act commences on a day to be fixed by proclamation.

(2)Section 398(1) and schedule 2, part 1, in relation to the amendment of the Racing and Betting Amendment Act (No. 2) 2001, are taken to have commenced on 4 April 2002.

3Act binds all persons

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

(2)Nothing in this Act makes the State liable to be prosecuted for an offence.

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 as the control body 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, including the licensing of clubs and venues in the code; and

(d)a cooperative approach among entities under this Act with the commission.

s 4 amd 2009 No. 24s 723A (amd 2009 No. 48s 100A); 2012 No. 42s 6

sub 2016 No. 12 s 303

5Definitions

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

s 5 amd 2016 No. 12 s 389 sch 2 pt 1

pt 1 hdg prev pt 1 hdg sub 2012 No. 42s 7

om 2016 No. 12 s 305

pres pt 1 hdg ins 2012 No. 42s 11

sub 2016 No. 12 s 306

div 1 hdg ins 2012 No. 42s 11

sub 2016 No. 12 s 306

6Racing 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.

s 6 prev s 6 om 2016 No. 12 s 304

pres s 6 ins 2012 No. 42s 11

sub 2016 No. 12 s 306

7Board to be control body for particular codes of racing

The board is the control body for the following codes of racing (each a board code of racing)—

(a)thoroughbred racing;

(b)harness racing;

(c)greyhound racing.

s 7 prev s 7 amd 2006 No. 18s 3 sch; 2010 No. 22s 4; 2012 No. 42s 8

om 2016 No. 12 s 305

pres s 7 ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

8Application of various public sector Acts

(1)The board is—

(a)a statutory body under the Financial Accountability Act 2009; and

(b)a statutory body under the Statutory Bodies Financial Arrangements Act 1982; and

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

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.

s 8 prev s 8 om 2016 No. 12 s 305

pres s 8 ins 2012 No. 42s 11

amd 2014 No. 21s 94(2)sch 2; 2016 No. 12 s 389sch 2 pt 1

9 Nature of board

The board is not a body corporate and does not represent the State.

s 9 prev s 9 amd 2012 No. 42s 10

om 2016 No. 12 s 305

pres s 9 ins 2016 No. 12 s 307

div 2 hdg ins 2012 No. 42s 11

sub 2016 No. 12 s 307

10Functions 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 81, 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.

s 10 ins 2012 No. 42s 11

sub 2016 No. 12 s 307

11Powers of board

(1)The board has—

(a)the powers mentioned in section 82 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 10(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.

s 11 ins 2012 No. 42s 11

sub 2016 No. 12 s 307

12Board 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 the board, means the amount of the product fee paid to the board less the following amounts—

(a)an amount paid by the board to Queensland Race Product Co Ltd ACN 081 743 722 for administrative costs;

(b)an amount paid by the board 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.

s 12 ins 2012 No. 42s 11

sub 2016 No. 12 s 307

13Delegation by board

The board may delegate its powers to an appropriately qualified person.

s 13 ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

div 3 hdg ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

14Members

(1)The board consists of the following 7 members appointed by the Governor in Council—

(a)4 members appointed as mentioned in section 15(1) (each of whom is a non-industry member);

(b)3 members appointed as mentioned in section 15(3) (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.

s 14 ins 2012 No. 42 s 11

sub 2016 No. 12 s 308

15Appointment 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—

(i)accounting;

(ii)animal welfare;

(iii)business;

(iv)commercial and marketing development;

(v)law; and

(d)has not, for 2 years before the day of the appointment, owned a licensed animal.

(2)In deciding whether to appoint a person as a non-industry member, the Governor in Council must have regard to whether the person’s skills and experience 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 the areas mentioned in subsection (1)(c).

(3)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.

(4)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.

(5)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.

s 15 ins 2012 No. 42 s 11

sub 2016 No. 12 s 308

16Vacancy in member’s office

(1)The office of a member becomes vacant if—

(a)the member resigns by signed notice given to the Minister; or

(b)the member ceases to be an eligible individual; or

(c)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

(d)the member is removed from office under subsection (2).

(2)The Governor in Council may remove a member from office as a member for any reason or none.

s 16 ins 2012 No. 42 s 11

amd 2016 No. 12 s 309

17Chairperson and deputy chairperson

(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)A person may be appointed as the chairperson or deputy chairperson at the same time as the person is appointed as a member or at another time.

s 17 ins 2012 No. 42 s 11

amd 2016 No. 12 s 310

18Vacancy in chairperson’s or deputy chairperson’s office

(1)The office of chairperson or deputy chairperson becomes vacant if the chairperson or deputy chairperson—

(a)ceases to be a member; or

(b)resigns office as chairperson or deputy chairperson by signed notice given to the Minister; or

(c)is removed from office under subsection (3).

(2)The chairperson or deputy chairperson may resign office as chairperson or deputy chairperson without resigning office as a member.

(3)The Governor in Council may remove a person from office as the chairperson or deputy chairperson for any reason or none.

s 18 ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

19Casual vacancy

(1)If the office of a member, chairperson or deputy chairperson becomes vacant before the end of the member’s, chairperson’s or deputy chairperson’s term, the Governor in Council may appoint a person who is eligible to be appointed under section 15 or 17 to the board or to the office of chairperson or deputy chairperson.

(2)A person appointed under subsection (1)—

(a)completes the rest of the term of appointment of the member, chairperson or deputy chairperson that the person is replacing; and

(b)is eligible for reappointment at the end of the term stated in paragraph (a).

s 19 ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

20Effect of vacancy in membership

Despite section 14(1) or 17(1) or (2), the performance of a function, or exercise of a power, by the board is not affected merely because of a vacancy in the office of a member, the chairperson or the deputy chairperson.

s 20 ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

21Remuneration and other conditions of appointment

(1)A member is to be paid the remuneration decided by the Governor in Council.

(2)A member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.

s 21 ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

div 4 hdg ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

22Conduct of business

Subject to this Act, the board may conduct its business, including its meetings, in the way it considers appropriate.

s 22 ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

23Time and place of meetings

(1)The board may hold its meetings when and where the chairperson decides.

(2)However, the chairperson must call a meeting if asked in writing by at least 1 other member.

s 23 ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

24Quorum

A quorum for a meeting of the board is at least 4 members.

s 24 ins 2012 No. 42 s 11

amd 2016 No. 12 s 311

25Presiding at meetings

(1)The chairperson presides at all meetings of the board at which the chairperson is present.

(2)If the chairperson is absent, the deputy chairperson presides.

(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.

s 25 ins 2012 No. 42 s 11

amd 2016 No. 12 s 312

26Conduct of meetings

(1)The board may conduct its meetings by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meetings.

(2)A member who takes part in a meeting of the board under subsection (1) is taken to be present at the meeting.

(3)A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting.

(4)If the votes are equal, the person who, under section 25, is presiding at the meeting has a casting vote.

(5)A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if—

(a)at least half the members give written agreement to the resolution; and

(b)notice of the resolution is given in accordance with procedures approved by the board.

s 26 ins 2012 No. 42 s 11

amd 2016 No. 12 s 313

27Annual meeting

(1)The board must, within 2 months after its annual report is tabled in the Legislative Assembly, hold an annual meeting.

(2)The annual meeting must be open to the public.

(3)The board must give 4 weeks notice of when and where it intends to hold its annual meeting on its website.

s 27 ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

28Minister may call meeting

(1)The Minister may direct the board to convene a meeting to consider a matter specified by the Minister.

(2)The board is to comply with the Minister’s direction.

s 28 ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

29Minutes and other records

The board must keep—

(a)minutes of its meetings; and

(b)a record of its decisions and resolutions.

s 29 ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

30Dissenting opinion to be reported

(1)A member attending a meeting who objects to a decision made at the meeting in relation to the provision of advice to the Minister on a matter may require the member’s objection, and the member’s reasons for the objection, to be—

(a)recorded in the minutes of the meeting; and

(b)reported in writing to the Minister when the advice is provided.

(2)The board is to comply with the requirement.

s 30 ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

div 5 hdg ins 2012 No. 42s 11

31Chief executive officer of board

(1)The board is to have a chief executive officer.

(2)The chief executive officer of the board is appointed by the Governor in Council.

(3)A person is eligible for appointment to be the chief executive officer if the person—

(a)is recommended by the board; and

(b)is, on the day of the appointment, an eligible individual; and

(c)is suitable to be appointed as the chief executive officer; and

(d)has skills, expertise and experience to perform the functions of the chief executive officer; and

(e)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.

(4)For subsection (3)(c), in making a decision about the person’s suitability, the Governor in Council must have regard to each of the following—

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

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

(c)the person’s background.

s 31 ins 2012 No. 42s 11

amd 2016 No. 12 s 314

32Term of office

(1)The chief executive officer holds office for a term of 3 years.

(2)The chief executive officer may be reappointed.

s 32 ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

33Functions of chief executive officer

The main functions of the chief executive officer are as follows—

(a)to ensure the all-codes board is managed in accordance with the priorities of the board;

(b)to ensure the efficient and effective administration of the board;

(c)to ensure the board complies with the requirements of this Act and other Acts.

s 33 ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

34Remuneration and conditions of appointment

(1)The chief executive officer is employed under this Act and not under the Public Service Act 2008.

(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.

s 34 ins 2012 No. 42s 11

amd 2016 No. 12 s 315

35Vacancy

(1)The office of chief executive officer becomes vacant if the chief executive officer—

(a)completes the term of office and is not reappointed; or

(b)resigns by signed notice given to the Minister; or

(c)ceases to be an eligible individual; or

(d)is removed by the Governor in Council under subsection (2).

(2)The Governor in Council may remove the chief executive officer for any reason or none.

s 35 ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

36Acting chief executive officer

(1)If there is a vacancy in the office of chief executive officer or the chief executive officer is absent or for any reason is unable to perform the functions of the office, the board may appoint a person to act as chief executive officer for a period of not more than 3 months.

(2)However, the board can not appoint a person under subsection (1) for more than 3 months in any 1 year.

s 36 ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

37Delegation by chief executive officer

The chief executive officer may delegate a function of the chief executive officer to an appropriately qualified person approved by the board.

s 37 prev s 37 om 2016 No. 12 s 337

pres s 37 ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

div 6 hdg ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

38Chief executive to gather information about candidate

(1)Before a person (a candidate) may be appointed as a member or the chief executive officer, the candidate must sign a consent form that gives the candidate’s consent to the following—

(a)the collection of personal information about the candidate by or for the chief executive;

(b)the collection of background information by or for the chief executive;

(c)a criminal history check.

(2)The chief executive may, by notice given to the candidate, require the candidate to give the chief executive further information or a document relating to the candidate within a reasonable time stated in the notice.

s 38 ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

39Obtaining criminal history of candidate

(1)The chief executive may ask the police commissioner for the following—

(a)a written report on the candidate’s criminal history; and

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

(2)After receiving the request, the police commissioner must give the report on the candidate’s criminal history to the chief executive.

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

(4)In this section—

candidate means a candidate as mentioned in section 38 who has given a signed consent form for a criminal history check.

s 39 prev s 39 om 2016 No. 12 s 339

pres s 39 ins 2012 No. 42s 11

amd 2016 No. 12 s 316

div 7 hdg ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

40Duty to act honestly and exercise care and diligence

(1)An executive officer of the board must act honestly, and must exercise a reasonable degree of care and diligence, when performing the executive officer’s functions and exercising the executive officer’s powers.

(2)A current or former executive officer must not make improper use of information acquired because of the executive officer’s position as an executive officer—

(a)to gain, directly or indirectly, an advantage for the executive officer or for any other person; or

(b)to cause detriment to the board or a board code of racing.

(3)An executive officer must not make improper use of the executive officer’s position as an executive officer—

(a)to gain, directly or indirectly, an advantage for the executive officer or for any other person; or

(b)to cause detriment to the board or a board code of racing.

(4)This section—

(a)has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of an executive officer of the board; and

(b)does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability.

s 40 prev s 40 om 2016 No. 12 s 339

pres s 40 ins 2012 No. 42s 11

amd 2016 No. 12 s 317

41Member must disclose interest

(1)This section applies if—

(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 26(2).

(b)the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.

(2)The interested member must, as soon as possible after the relevant facts have come to the interested member’s knowledge, disclose the nature of the interest at the meeting.

Maximum penalty—40 penalty units.

(3)Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose.

(4)Unless the board otherwise directs, the interested member must not—

(a)be present during any deliberation of the board about the matter; or

(b)take part in any decision of the board about the matter.

(5)For the giving of a direction by the board under subsection (4), the interested member must not—

(a)be present during any deliberation of the board for the purpose of deciding whether to give the direction; or

(b)take part in the decision about giving the direction by the board.

(6)A contravention of this section does not invalidate any decision of the board.

(7)However, if the board becomes aware a member has contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section.

(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.

(9)However, a member may not act in a way that is contrary to the interests of the board.

(10)A reference to an interest or a conflict of interest is a reference to a matter within its ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954, schedule 1 does not apply.

s 41 prev s 41 amd 2012 No. 42s 24

om 2016 No. 12 s 341

pres s 41 ins 2012 No. 42 s 11

amd 2013 No. 39 s 110(1)sch 3 pt 1; 2016 No. 12 s 318

42Conflicts of interest

(1)If a person employed by the board, other than a member, has an interest that conflicts or may conflict with the discharge of the person’s duties, the person—

(a)must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the person’s knowledge; and

(b)must not take action or further action relating to a matter that is, or may be, affected by the conflict unless authorised by the board.

Maximum penalty—40 penalty units.

(2)The board may direct a person employed by the board to resolve a conflict or possible conflict between an interest of the person and the person’s duties.

(3)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)For the interpretation of a reference to an interest or a conflict of interest, see section 41(10).

s 42 ins 2012 No. 42 s 11

amd 2016 No. 12 s 319

div 8 hdg ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

43Protection from liability

(1)A member or the chief executive officer does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to a member or the chief executive, the liability attaches instead to the board.

s 43 ins 2012 No. 42s 11

amd 2016 No. 12 s 389 sch 2 pt 1

div 9 hdg ins 2012 No. 42 s 11

amd 2016 No. 12 s 389 sch 2 pt 1

44Ministerial direction to board about its functions or powers

(1)The Minister may give the board 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 board a direction about any of the following—

(a)the allocation of race days, and the provision of funding, to licensed clubs to hold race meetings;

(b)the prize money for races held for a board code of racing;

(c)stopping, restarting, rerunning, postponing or abandoning a race.

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

(4)The board—

(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 board’s activities of complying with the direction.

s 44 ins 2012 No. 42 s 11

amd 2016 No. 12 s 320

pt 2 hdg prev pt 2 hdg om 2012 No. 42s 9

pres pt 2 hdg ins 2012 No. 42s 11

div 1 hdg prev div 1 hdg om 2012 No. 42s 9

pres div 1 hdg (prev div 2 hdg) renum 2012 No. 42s 12

45An eligible corporation may apply for approval as a control body

(1)An eligible corporation may apply to the Minister for approval as the control body for a proposed code of racing.

(2)The eligible corporation may apply for approval as the control body for the application code even if the corporation is, or has applied to be, the control body for another proposed code of racing.

(3)The approval applicant may—

(a)withdraw the approval application; or

(b)amend the approval application subject to the matters prescribed by regulation about the way in which an approval application may proceed after it is amended.

(4)The application mentioned in subsection (1) must be in the approved form.

s 45 amd 2010 No. 22 s 5; 2016 No. 12 s 322

46Approval application to be accompanied by specific matters

(1)An approval application must be accompanied by the following—

(a)the application fee prescribed by regulation;

(b)the approval applicant’s written agreement to pay an amount that is the cost of any mediation under section 52 divided equally among the number of approval applicants who are given a notice about the mediation under that section;

(c)a copy of the approval applicant’s constitution under the Corporations Act;

(d)a consent form signed by each person who the approval applicant considers is a business associate or executive associate of the approval applicant that gives the associate’s consent to the following—

(i)the collection of personal information about the associate by or for the chief executive;

(ii)the collection of background information by or for the chief executive;

(iii)a criminal history check;

(e)the approval applicant’s written agreement to obtain a consent of the type mentioned in paragraph (d) for a person whom the chief executive believes is a business associate or executive associate of the approval applicant but whose consent does not accompany the approval application;

(f)the approval applicant’s plans for managing the application code and a timetable for implementing all the plans.

(2)The plans mentioned in subsection (1)(f) must include the approval applicant’s proposals for policies and the procedures for the following—

(a)selling a product to persons lawfully conducting wagering under the Wagering Act 1998;

(b)licensing clubs and venues involved in the application code;

(c)safeguarding the public interest in the application code;

(d)providing or participating in an appropriate education and training system for persons who are likely to—

(i)engage in activities requiring a licence; or

(ii)participate in the application code but are not required to be licensed;

(e)a website, and the information to be accessible through the website including policies and rules required to be published on the website under sections 104 and 114.

(3)Also, the plans mentioned in subsection (1)(f) must include the draft strategic plan and operational plan for the application code, that comply with the prescribed requirements under section 98 for the plans, for the financial year in which it is reasonably likely that the application may be approved.

(4)The proposals for the policies and the procedures must be well developed and, based on the assumption that the application is approved—

(a)capable of implementation by the approval applicant within 18 months after the Minister’s approval of the application; or

(b)if the approval applicant believes the proposals for the policies and the procedures are not capable of implementation within the 18 months—the plans mentioned in subsection (1)(f) must include an estimate of when the policies and the procedures would be capable of implementation by the approval applicant.

(5)The written agreement mentioned in subsection (1)(b), and the consent mentioned in subsection (1)(d), must be in the approved form.

s 46 prev s 46 om 2016 No. 12 s 344

pres s 46 amd 2012 No. 42s 13; 2016 No. 12 s 323

47Evidence of matters to be included in an approval application

An approval application must include evidence establishing each of the following—

(a)the approval applicant is an eligible corporation;

(b)each of its executive officers is an eligible individual;

(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.

s 47 prev s 47 amd 2012 No. 42s 30

om 2016 No. 12 s 344

pres s 47 amd 2016 No. 12 s 324

div 2 hdg (prev div 3 hdg) renum 2012 No. 42s 12

48Minister to refer an approval application for assessment and other action

(1)After receiving an approval application, the Minister must refer it to—

(a)the chief executive for assessment under this Act; and

(b)the commission for assessment under the Racing Integrity Act.

(2)The chief executive must—

(a)require the approval applicant, by notice (an advertising notice) given to the applicant, to advertise information about the approval application; and

(b)assess under this Act whether the approval applicant is suitable to be approved as the control body for the application code.

s 48 prev s 48 amd 2008 No. 24s 8; 2012 No. 42s 31

om 2016 No. 12 s 344

pres s 48 amd 2016 No. 12 s 325

49Advertising notice about an approval application

(1)The advertising notice must state—

(a)the form of, and the information to be included in, the advertisement; and

(b)the newspapers or other publications in which the advertisement must appear; and

(c)the days on which the advertisement must appear in the stated newspapers or other publications.

(2)Without limiting subsection (1)(a), the chief executive must require each advertisement to state that a person may object to the approval application, by giving a written submission to the chief executive or the commission in a way and by a date stated in the advertisement (the closure date).

(3)The closure date must be at least 28 days after the advertisement first appears in a newspaper or other publication as required under subsection (1).

(4)The approval applicant is liable for all expenses relating to the advertisement.

s 49 prev s 49 om 2016 No. 12 s 344

pres s 49 amd 2016 No. 12 s 326

50Objection to approval application

(1)A person (an objector) may object to an approval application by written submission given to the chief executive or the commission by the closure date stated in the advertisement.

(2)The submission must state the objector’s reasons for objecting and, if applicable, may include conditions to which the objector believes an approval relating to the approval application should be subject.

(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.

s 50 prev s 50 om 2016 No. 12 s 344

pres s 50 amd 2016 No. 12 s 327

div 3 hdg (prev div 4 hdg) renum 2012 No. 42s 12

51Application of division

This division applies if—

(a)both of the following apply—

(i)an objector’s reasons for objecting to an approval application states the objector is the appropriate eligible corporation to be approved as the control body for the application code;

(ii)the objector makes an approval application for the application code within 28 days after the closure date; or

(b)before the closure date for an approval application, another eligible corporation, other than an objector, makes an approval application for the application code.

s 51 prev s 51 amd 2012 No. 42s 32

om 2016 No. 12 s 344

pres s 51 amd 2012 No. 42s 14; 2016 No. 12 s 389 sch 2 pt 1

52Chief executive must call meeting of all approval applicants

(1)The chief executive must, by notice given to each of the approval applicants, call a meeting of them to explore the possibility of all of the approval applicants reaching a mediated agreement about the eligible corporation that should be approved as the control body for the application code.

Example of a mediated agreement—

The approval applicants may agree to form an eligible corporation in which they each have equal rights to appoint that corporation’s executive officers, to withdraw each of their approval applications and to support an application by the formed eligible corporation to be the control body for the application code.

(2)The chief executive may arrange for a suitably qualified person to be the mediator at the meeting.

(3)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.

(4)If a mediated agreement can not be reached at the meeting, the chief executive must include information about the mediation in the chief executive’s report to the Minister under section 54.

s 52 amd 2016 No. 12 s 328

div 4 hdg (prev div 5 hdg) renum 2012 No. 42s 12

53Assessment of an approval application if only 1 application

(1)The chief executive must assess an approval application referred to the chief executive under section 48(1).

(2)The chief executive must prepare and give to the Minister a report relating to the approval application covering the following to the extent that is applicable—

(a)the application;

(b)submissions given to the chief executive under section 50 about the application;

(c)reports about the criminal histories of individuals who are business associates and executive associates of the approval applicant, given to the chief executive under section 58(2);

(d)the chief executive’s assessment, as mentioned in section 48(2)(b), about whether the approval applicant is suitable to be approved as the control body for the application code.

(3)This section is subject to section 54.

s 53 amd 2016 No. 12 s 389 sch 2 pt 1

54Assessment of an approval application if more than 1 application

(1)This section applies if the chief executive calls a meeting of approval applicants under section 52(1) and there is no mediated agreement supported by all of the approval applicants.

(2)The chief executive must assess each of the approval applications.

(3)The chief executive must prepare and give to the Minister a single report relating to all approval applications covering the following to the extent that is applicable—

(a)the applications;

(b)submissions given to the chief executive under section 50 about the applications;

(c)reports about the criminal histories of individuals who are business associates and executive associates of the approval applicants, given to the chief executive under section 58(2);

(d)the chief executive’s assessment, as mentioned in section 48(2)(b), about whether each approval applicant is suitable to be approved as the control body for the application code;

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

(f)the chief executive’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code.

s 54 amd 2016 No. 12 s 389 sch 2 pt 1

55Assessing approval applicant or approval applicants

(1)This section applies to the chief executive in assessing an approval application as mentioned in section 53 or 54.

(2)The chief executive must decide whether the approval applicant is suitable to be approved as the control body for the application code.

(3)For subsection (2), the chief executive must have regard to, and if necessary, investigate each of the following—

(a)the approval application, matters accompanying or included in the approval application as mentioned in section 46, and evidence given by the approval applicant in support of the application about the matters mentioned in section 47;

(b)the approval applicant’s business reputation, current financial position and financial background;

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

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

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

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

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

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

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

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

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

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

56Chief executive may require further information or documents to support approval application as part of investigations under s 55

(1)For an investigation under section 55 relating to an approval applicant, the chief executive may, by notice given to the approval applicant, require the applicant to give the chief executive further information or a document relating to any of the following within a reasonable time stated in the notice—

(a)the approval application;

(b)the approval applicant;

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

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

(2)For an investigation under section 55 relating to a business associate or executive associate of an approval applicant, the chief executive may, by notice given to the associate and a copy of the notice to the approval applicant, require the associate to give the chief executive information or a document relating to the following within a reasonable time stated in the notice—

(a)the association with the approval applicant;

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

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

57Request to obtain criminal history of business associates and executive associates of approval applicant

(1)This section applies if—

(a)a business associate or executive associate of an approval applicant is an individual; and

(b)the associate’s consent for the chief executive to obtain the associate’s criminal history did not accompany the approval application.

(2)The chief executive must, by notice to the approval applicant, ask the applicant for the written consent of the business associate or executive associate for the chief executive to obtain the associate’s criminal history.

(3)If the business associate or executive associate does not consent, or withdraws his or her consent, the application is taken to have been withdrawn.

s 57 sub 2012 No. 42s 15

58Obtaining the criminal history of an individual

(1)If the chief executive has the written consent of an approval applicant’s business associate or executive associate who is an individual to obtain the individual’s criminal history, the chief executive may ask the police commissioner for the following—

(a)a written report on the individual’s criminal history;

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

(2)After receiving the request, the commissioner must give the report on the individual’s criminal history to the chief executive.

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

s 58 amd 2012 No. 42s 16

div 5 hdg (prev div 6 hdg) renum 2012 No. 42s 12

59Minister to consider and decide approval application

(1)This section applies after the Minister is given an assessment report.

(2)Before making a decision about an approval application, the Minister must consider the following—

(a)the assessment report and any assessment report of the commission under the Racing Integrity Act about the approval application;

(b)the approval application or approval applications dealt with in the report;

(c)further documents given to the chief executive or the commission by the approval applicant in support of the application or an amendment of the application;

(d)submissions given to the chief executive or the commission under section 50(1) and, to the extent applicable, any other approval applications and any mediated agreement as mentioned in section 52(1), relating to the application code;

(e)conditions the Minister believes should apply if the application is approved.

(3)The Minister must not grant the application unless the Minister is satisfied—

(a)the approval application is accompanied by, and includes, all matters mentioned in section 46 and otherwise complies with that section; and

(b)the approval applicant has provided evidence satisfactory to the Minister about the matters mentioned in section 47; and

(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.

(4)Without limiting subsection (3), if the Minister is considering more than 1 approval application, the Minister must decide which approval applicant is best qualified and most suitable to be the control body for the application code.

s 59 amd 2016 No. 12 s 329

60Information notice about Minister’s decision

(1)After the Minister makes a decision about an approval application, the Minister must give the approval applicant an information notice about the decision.

(2)If the Minister grants the application, the information notice must state the conditions imposed by the Minister to which the approval is to be subject.

(3)If the Minister’s decision is that, should the approval applicant rectify a matter within a period, the Minister would give the approval applicant an approval under section 61, the information notice must state the matter to be rectified, the way it may be rectified and a reasonable period for the matter to be rectified.

Example for subsection (3)—

The approval application may be approved on the condition that the approval applicant’s constitution is changed in a stated way within a stated period.

61When Minister must give an approval to approval applicant

(1)This section applies if the Minister decides an approval applicant is suitable to be approved as the control body for the application code.

(2)After all of the following have happened, the Minister must give the approval applicant an approval as the control body for the code of racing signed by the Minister—

(a)the Minister has given the approval applicant an information notice about the decision under section 60;

(b)the approval applicant has given the chief executive a notice stating—

(i)there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and

(ii)if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60(3), has been rectified and the way it has been rectified;

(c)the approval applicant has paid the fee under section 65 in relation to the first year of the approval.

(3)After giving an approval under subsection (2), the Minister must publish in the gazette a notice that—

(a)the type of animal racing stated in the notice is a code of racing; and

(b)the Minister has approved the approval applicant as the control body for the code of racing stated in the notice.

(4)The notice mentioned in subsection (2)(b) must be in the approved form.

s 61 prev s 61 sub 2005 No. 7s 5

om 2010 No. 22s 12

pres s 61 amd 2016 No. 12 s 330

62Form of approval

The approval of the control body must state each of the following—

(a)the name of the control body, its Australian Company Number and its business address;

(b)the date of the approval and the date on which the approval takes effect;

(c)the code of racing for which the approval is given;

(d)conditions imposed by the Minister to which the approval is subject.

s 62 prev s 62 amd 2005 No. 7s 6; 2008 No. 24s 13

om 2010 No. 22s 12

63Control body approved for more than one code of racing

(1)This section applies to a control body that has approval as the control body for more than 1 code of racing.

(2)In making a decision under this Act, the control body must make a decision that is in the best interests of all the codes of racing for which the control body holds an approval while having regard to the interests of each individual code.

s 63 prev 63 amd 2005 No. 7s 7

om 2010 No. 22s 12

pres s 63 (prev s 34A) ins 2010 No. 22s 9

renum and reloc 2012 No. 42s 21

div 6 hdg (prev div 7 hdg) renum 2012 No. 42s 12

64Approval continues in force unless cancelled or suspended

(1)A control body’s approval continues in force until the approval is cancelled.

(2)However, if a control body’s approval is suspended, the approval does not have effect for the period of the suspension.

s 64 prev s 64 amd 2005 No. 7s 8

om 2010 No. 22s 12

pres s 64 amd 2008 No. 24s 4

sub 2010 No. 22s 6

65Yearly fee payable by each control body

(1)A control body must pay a fee to the chief executive in relation to each year for which its approval has effect.

(2)A regulation may prescribe—

(a)the amount of the fee payable under this section relating to each year; and

(b)the date (the due date) by which the fee relating to each year is payable.

(3)If a fee is not paid by the due date—

(a)the amount of the fee is a debt owing to the State; and

(b)the failure to pay is a ground for taking, as mentioned in section 74(1)(d), disciplinary action relating to the approval of the control body.

s 65 prev s 65 om 2005 No. 7s 11

pres s 65 amd 2012 No. 42s 75 sch

66Regulation may prescribe a condition applying to an approval

(1)A regulation may prescribe a condition (a regulation condition) to which the Minister’s approval is subject.

(2)A regulation condition applies to a control body even if the control body was approved as a control body before the regulation commenced.

(3)If there is an inconsistency between an express condition stated in an approval and a regulation condition, the regulation condition applies to the extent of the inconsistency.

s 66 prev s 66 sub 2005 No. 7s 12

om 2010 No. 22s 12

pres s 66 amd 2016 No. 12 s 389 sch 2 pt 1

67Variation of approval of control body

(1)A control body may apply to the Minister for a variation of its approval as a control body.

(2)The application must be in the approved form and accompanied by the application fee prescribed under a regulation.

(3)The Minister must consider the application and either grant or refuse to grant the application.

(4)After the Minister makes a decision about the application, the Minister must give the applicant an information notice about the decision.

(5)If the Minister grants the application, the information notice must—

(a)state the conditions imposed by the Minister to which the approval is to be subject; and

(b)include a direction to the control body to return the approval to the Minister, within 14 days after the date of the information notice, for relevant action by the Minister.

s 67 prev s 67 amd 2005 No. 7s 13

om 2010 No. 22s 12

div 7 hdg ins 2012 No. 42s 18

68Approved control body to report to chief executive on status as eligible corporation in previous financial year

(1)Within 14 days after each anniversary day for an approved control body, the approved control body must give the chief executive a notice about whether the approved control body has been an eligible corporation for the year before the anniversary day and is, on that anniversary day, an eligible corporation.

(2)A notice under subsection (1) must be in the approved form.

(3)In this section—

anniversary day, for an approved control body, means each day that is the anniversary of the day on which the approved control body’s approval took effect.

s 68 orig s 68 sub 2005 No. 7s 15

amd 2006 No. 18s 4; 2008 No. 24s 14

om 2010 No. 22s 12

prev s 68 om 2012 No. 42s 17

pres s 68 ins 2012 No. 42s 18

69Obligation to implement plans as stated in approval application

(1)This section applies to the following that, under section 46(1)(f), accompanied a control body’s approval application—

(a)its plans for managing its code of racing; and

(b)the timetable for implementing the plans.

(2)Subject to the regulation conditions and stated conditions in the control body’s approval, the control body must implement the plans as stated in the timetable.

s 69 prev s 69 om 2010 No. 22s 12

def thoroughbred entity sub 2005 No. 7s 18

pres s 69 (prev s 36) renum and reloc 2012 No. 42s 22

amd 2016 No. 12 s 389 sch 2 pt 1

70Notice of event resulting in a control body not being an eligible corporation

(1)Within 14 days after an event happening relating to a control body that makes the control body no longer an eligible corporation, the control body must give notice under subsection (2) about the event to the chief executive and the commission.

(2)The notice must—

(a)be in the approved form; and

(b)include the control body’s plan and timetable for making the corporation an eligible corporation.

(3)The giving of a notice under subsection (1) does not limit the Minister’s power under section 75 to give the control body a show cause notice.

s 70 prev s 70 om 2010 No. 22s 12

pres s 70 (prev s 43) amd 2008 No. 24s 6; 2012 No. 42s 26(1)

renum and reloc 2012 No. 42s 26(2)

amd 2016 No. 12 s 331

71Ministerial direction to approved control body about its policies or rules

(1)This section applies if the Minister believes that, for 1 or more of the following reasons, it is necessary to give a control body a direction under this section—

(a)to ensure public confidence in the integrity of the Queensland racing industry;

(b)to ensure the control body is managing its code of racing in the interests of the code;

(c)to ensure the welfare of licensed animals;

(d)to ensure the control body’s actions are accountable and its decision-making processes are transparent;

(e)to ensure the control body’s rules of racing have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992, section 4(3).

(2)The Minister may, by notice given to the control body, direct the control body to do 1 or more of the following and take into account matters stated in the direction—

(a)make a new policy about a matter;

(b)review an existing policy;

(c)make rules of racing about a matter;

(d)review existing rules of racing.

(3)The notice must state a date by which the direction must be complied with.

(4)The date stated must be reasonable having regard to the nature of the matters to be done under the direction.

s 71 prev s 71 sub 2005 No. 7s 19

om 2010 No. 22s 12

pres s 71 (prev s 45) amd 2010 No. 22s 10; 2012 No. 42s 28(1)

renum and reloc 2012 No. 42s 28(2)

amd 2016 No. 12 s 332

72Control body is unit of public administration

On and after the approval effect day for a control body, the control body is a unit of public administration under the Crime and Corruption Act 2001, to the extent of the control body’s operations for the purposes of performing its function under this Act.

s 72 prev s 72 amd 2005 No. 7s 20

om 2010 No. 22s 12

pres s 72 (prev s 59) renum and reloc 2012 No. 42s 37

amd 2014 No. 21s 94(2)sch 2

73Audit by auditor-general

(1)At the request of the Minister, the auditor-general may audit a control body.

(2)For subsection (1)—

(a)the auditor-general is taken to be auditing an entity under the Auditor-General Act 2009; and

(b)the control body is taken to have consented to the audit.

(3)However, despite that Act and subsection (2)(b), the control body can not revoke or otherwise withdraw the consent mentioned in subsection (2)(b).

(4)A control body audited under this section is liable for the fees charged by the auditor-general for the audit, as mentioned in the Auditor-General Act 2009.

s 73 prev s 73 amd 2005 No. 7s 21

om 2010 No. 22s 12

pres s 73 (prev s 60) amd 2008 No. 24s 11; 2009 No. 9s 136sch 1

renum and reloc 2012 No. 42s 37

div hdg ins 2012 No. 42s 18

74Grounds for disciplinary action relating to the approval of a control body for its code of racing

(1)Each of the following is a ground to take disciplinary action relating to an approval of a control body for its code of racing—

(a)the control body is not an eligible corporation;

(b)an executive officer of the control body is not an eligible individual;

(c)the control body is no longer suitable to manage the code;

(d)the control body contravenes a provision of this Act or the Racing Integrity Act, whether or not a penalty is provided for the contravention;

(e)the control body fails to comply with a condition relating to its approval;

(f)the control body contravenes a Ministerial direction;

(g)in its approval application, or a notice or other document that the control body is required under this Act or the Racing Integrity Act to give to the Minister, chief executive or commission, the control body stated something it knew was false or misleading in a material particular.

(2)For forming a belief that the ground mentioned in subsection (1)(c) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether an approval applicant for approval as a control body is suitable to be approved as a control body.

s 74 pres s 74 sub 2005 No. 7s 22

om 2010 No. 22s 12

pres s 74 (prev s 52) amd 2008 No. 24s 9; 2012 No. 42s 34

renum and reloc 2012 No. 42s 35

amd 2016 No. 12 s 333

75Show cause notice

(1)If the Minister believes a ground exists to take disciplinary action relating to the approval of a control body for its code of racing, the Minister must, subject to section 78(1)(a), give the control body a notice (a show cause notice).

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

(a)the disciplinary action the Minister proposes taking under this division (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 includes suspension—the proposed suspension period;

(e)if the proposed action includes varying the approval—the change that it is proposed to make to a condition stated in the approval or the new condition to which it is proposed to make the approval subject;

(f)if the proposed action includes censuring the control body—the proposed censure;

(g)an invitation to the control body to show, within a stated period (the show cause period), why the proposed action should not be taken.

(3)The show cause period must be a period ending at least 28 days after the day the show cause notice is given to the control body.

s 75 prev s 75 om 2010 No. 22s 12

pres s 75 (prev s 53) renum and reloc 2012 No. 42s 35

amd 2012 No. 42s 75 sch

76Consideration of representations

(1)The control body may make written representations about the show cause notice to the Minister in the show cause period.

(2)The Minister must consider all written representations (the accepted representations) made under subsection (1).

s 76 prev s 76 om 2010 No. 22s 12

pres s 76 (prev s 54) renum and reloc 2012 No. 42s 35

77Immediate suspension of an approval

(1)The Minister may suspend the approval of a control body immediately if the Minister believes—

(a)a ground exists to take disciplinary action relating to the approval of the control body for its code of racing; and

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

(i)the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or

(ii)the public interest in the code of racing is not adversely affected.

(2)The suspension—

(a)can be effected only by the Minister giving the control body an information notice about the decision to suspend it, together with a show cause notice; and

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

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

s 77 prev s 77 om 2010 No. 22s 12

pres s 77 (prev s 55) amd 2008 No. 24s 10

renum and reloc 2012 No. 42s 35

amd 2016 No. 12 s 334

78Censuring control body

(1)The Minister may censure a control body if the Minister—

(a)believes a ground exists to take disciplinary action relating to the approval of the control body but does not believe that giving a show cause notice to the control body is warranted; or

(b)after considering the accepted representations for a show cause notice, still believes a ground exists to take disciplinary action relating to the approval of a control body but does not believe disciplinary action is warranted.

(2)The censure may be effected only by the Minister giving the control body an information notice about the decision to censure it.

s 78 (prev s 56) renum and reloc 2012 No. 42s 35

79Direction to control body to rectify matter

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

(a)still believes a ground exists to take disciplinary action relating to the approval of a control body; and

(b)believes a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter.

(2)The Minister may direct the control body to rectify the matter.

(3)The direction can be effected only by the Minister giving the control body an information notice about the decision to give the direction, 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 control body 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 control body can not be prosecuted, or have disciplinary action relating to its approval taken against it, for the ground giving rise to the information notice unless the control body—

(a)fails to comply with the notice within the stated period; and

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

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

s 79 (prev s 57) renum and reloc 2012 No. 42s 35

80Action by Minister

(1)Subject to section 79(6), this section applies if—

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

(b)after considering the accepted representations for a show cause notice, the Minister still believes a ground for disciplinary action exists relating to the approval.

(2)The Minister may—

(a)if the proposed action was to suspend the approval—suspend the approval for not longer than the proposed suspension period; or

(b)if the proposed action was to vary the approval—vary the approval in the proposed way; or

(c)if the proposed action was to cancel the approval—cancel the approval or take another form of disciplinary action.

(3)More than 1 type of disciplinary action relating to the approval of a control body may be taken under this section.

(4)If the Minister decides to take action under subsection (2), the Minister must immediately give the control body an information notice about the decision.

(5)The information notice must include a direction to the control body to return the approval to the Minister, within 14 days after receiving the information notice, for relevant action by the Minister.

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

(a)the day the information notice is given to the control body;

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

s 80 (prev s 58) renum and reloc 2012 No. 42s 35

amd 2012 No. 42s 75 sch

81Function of control body

The function under this Act of a control body is to manage its code of racing.

s 81 prev s 81 amd 2010 No. 22s 14; 2012 No. 42s 40

om 2016 No. 12 s 347

pres s 81 amd 2010 No. 22s 7; 2012 No. 42s 19

82Powers of control body for its code of racing

(1)A control body has—

(a)the powers necessary for performing its function; and

(b)all other powers necessary for discharging the obligations imposed on the control body under this Act or another Act.

(2)Without limiting subsection (1), a control body may do any of the following for any of its codes of racing—

(a)license clubs and venues that are suitable to be licensed for the code;

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

(c)investigate complaints about licence holders on the control body’s own initiative or at the request of the Minister;

(d)allocate dates on which, and places at which, race meetings are to be held for the code of racing;

(e)prepare and implement plans and strategies for developing, promoting and marketing the commercial operations of the code of racing;

(f)encourage and facilitate the development of ancillary racing activities for the code of racing, including, for example, the breeding and training of animals;

(g)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;

(h)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;

(i)supervise—

(i)the construction of a new racing venue; or

(ii)alterations or renovations to an existing racing venue;

(j)examine a licensed club’s constitution to determine if it complies with this Act and the relevant rules of racing;

(k)promote animal welfare and prevent animal cruelty, including ensuring adequate training is provided to participants to achieve this;

(l)publish material to inform the public, whether in Queensland or elsewhere;

(m)prepare, on its own motion or when directed by the Minister, reports and recommendations;

(n)order the audit of the books and accounts of a licensed club by a registered company auditor under the Corporations Act;

(o)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;

(p)issue race information authorities under section 135(1);

(q)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)To the extent a control body believes necessary or desirable for performing the control body’s function, the control body may, by notice given to a licensed club, give a direction to the club (a control body direction) relating to—

(a)the operations of the club, including, for example, matters in relation to the licensed club’s assets; or

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

(4)A control body direction may require a licensed club to do something or to refrain from doing something.

(5)As mentioned in section 115(1)(a), if the licensed club is not complying, or has not complied with the control body direction, the control body may suspend or cancel the club’s licence.

(6)In this section—

non-UBET races means races on which UBET does not, or is unlikely to, offer wagering.

s 82 prev s 82 om 2016 No. 12 s 347

pres s 82 amd 2008 No. 75s 89; 2010 No. 22s 8; 2012 No. 42s 20; 2016 No. 12 s 335

83Control body may charge fees for its services

(1)A control body for a code of racing may charge fees for services it provides as part of managing its code of racing.

(2)A fee charged by the control body for a service, including matters relating to licensing, must reflect the reasonable cost to the control body of providing the service.

(3)Despite subsection (1), a control body may not charge a fee for a service provided to the Minister or the chief executive under this Act or to the commission for the purposes of the Racing Integrity Act.

s 83 amd 2016 No. 12 s 336

84Obligation to have racing calendar for code of racing

(1)A control body for a code of racing must prepare a program (the racing calendar) that includes the following matters for the period in relation to which the racing calendar is published (the calendar period)—

(a)the dates on which, and places at which, race meetings are to be held for the code of racing during the calendar period;

(b)information about the races to be held at each race meeting, including, for example, the length of the race, the types of animals eligible for the race and the prize;

(c)information about dates relevant for each race, including, for example, deadlines for nominating and paying nomination fees;

(d)a change to the control body’s rules of racing that take effect during the calendar period;

(e)a change to a previous racing calendar;

(f)a declaration under the Racing Integrity Act of a sporting contingency within the meaning of that Act.

(2)The control body may amend the racing calendar if—

(a)the control body believes a licensed club is unsuitable to hold a race meeting; or

(b)a licensed club fails to comply with a control body direction given to the club under section 82(3).

(3)The control body must make the racing calendar for a calendar period available at least 7 days before the start of, and during, the calendar period.

(4)The control body may comply with subsection (2) by making the racing calendar available on its website for at least 7 days before the start of, and during, the calendar period.

(5)The control body may publish the racing calendar in, or as part of, another publication of the control body that includes other information, including, for example, advertising.

s 84 amd 2016 No. 12 s 338

div 3 hdg sub 2012 No. 42s 23; 2016 No. 12 s 340

85Notice about change of executive officers

(1)If an executive officer of a control body resigns, or the executive officer’s appointment or employment otherwise ends, the control body must give notice about the resignation, or the end of the appointment or employment, to the chief executive under subsection (2).

(2)The notice mentioned in subsection (1) must—

(a)be in the approved form; and

(b)be given within 14 days after the resignation, or the end of the appointment or employment, of a person as an executive officer; and

(c)if, at the time of the resignation or end of the appointment or employment, the executive officer was no longer an eligible individual, include the reason why the executive officer was no longer an eligible individual.

(3)If a person is appointed or employed as an executive officer of a control body after the control body’s approval or, for the board, is appointed as an executive officer of the body after the body is established, the control body must give notice about the appointment or employment to the chief executive under subsection (4).

(4)The notice mentioned in subsection (3) must—

(a)be in the approved form; and

(b)be given within 14 days after the appointment or employment of the person as an executive officer; and

(c)state that the person is an eligible individual; and

(d)be accompanied by a consent form signed by the person that gives the person’s consent to the following—

(i)the collection of personal information about the person by or for the chief executive;

(ii)the collection of background information by or for the chief executive;

(iii)a criminal history check.

s 85 amd 2008 No. 24s 5; 2012 No. 42s 25; 2016 No. 12 s 389 sch 2 pt 1

86Notice of event resulting in executive officer no longer being an eligible individual

(1)Within 14 days after an event happening that results in an executive officer of a control body being no longer an eligible individual, the executive officer must give notice about the event to the chief executive.

Maximum penalty—40 penalty units.

(2)The notice must be in the approved form.

s 86 amd 2008 No. 24s 7; 2016 No. 12 s 342

div 4 hdg ins 2016 No. 12 s 343

87Quarterly 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.

s 87 ins 2016 No. 12 s 343

88Control 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.

s 88 ins 2016 No. 12 s 343

89Reporting 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 88.

(2)A control body given a requirement under subsection (1) must comply with it.

s 89 ins 2016 No. 12 s 343

90Other reporting requirements

Sections 87 and 88 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.

s 90 ins 2016 No. 12 s 343

div 5 hdg ins 2016 No. 12 s 343

91Interaction 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.

s 91 ins 2016 No. 12 s 343

92Control 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.

s 92 ins 2016 No. 12 s 343

93Procedures

(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.

s 93 ins 2016 No. 12 s 343

94Strategic 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 95.

s 94 ins 2016 No. 12 s 343

95Strategic 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.

s 95 prev s 95 om 2012 No. 42s 43

pres s 95 ins 2016 No. 12 s 343

96Compliance 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.

s 96 prev s 96 om 2012 No. 42s 43

pres s 96 ins 2016 No. 12 s 343

97Modifications 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.

s 97 prev s 97 amd 2003 No. 94s 76; 2006 No. 18s 3 sch

om 2012 No. 42s 43

pres s 97 ins 2016 No. 12 s 343

98Content 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.

s 98 prev s 98 om 2012 No. 42s 43

pres s 98 ins 2016 No. 12 s 343

div 6 hdg ins 2016 No. 12 s 343

99Disclosure of interest in licensed animal by executive officer of control body

(1)This section applies if an executive officer of a control body is or becomes an owner of a licensed animal, whether or not the executive officer derives a financial benefit from the ownership interest.

(2)The executive officer must disclose the following information to a meeting of the relevant persons of the control body—

(a)the number of licensed animals in which the executive officer has an ownership interest and the name by which each animal is known;

(b)the code of racing for which each animal is licensed;

(c)the percentage of the executive officer’s ownership interest in each animal.

Maximum penalty—40 penalty units.

(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.

(4)However, subsection (3) does not apply if the person who disclosed the information is no longer an executive officer of the control body.

(5)The control body may charge a fee for making information available under subsection (3)(b).

(6)A fee charged by the control body for making information available under subsection (3)(b) must not be more than the reasonable cost to the control body of making the information available.

(7)In this section—

relevant persons, of the control body, means—

(a)if the control body is the board—the members of the control body; or

(b)if the control body is an approved control body—the directors of the control body.

s 99 prev s 99 om 2012 No. 42 s 43

pres s 99 ins 2008 No. 24s 12

amd 2012 No. 42s 38; 2016 No. 12 s 345

100Purpose of chapter

(1)The main purpose of this chapter is to provide for the way a control body may perform its function of managing its code of racing.

(2)Generally, the control body performs its function by—

(a)making policies about the management of its code of racing, including, for example, about its licensing schemes for controlling activities relating to clubs and venues and about the way in which races are to be held for its code of racing; and

(b)making rules of racing; and

(c)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)A control body’s policies ensure there is guidance for persons involved in the code of racing and transparent decision-making relating to matters dealt with by the policies.

s 100 prev s 100 amd 2010 No. 22s 17

om 2012 No. 42s 43

pres s 100 amd 2010 No. 22 s 13

sub 2016 No. 12 s 346

101Policies and rules of racing are statutory instruments

The policies and rules of racing made by a control body for its code of racing are statutory instruments within the meaning of the Statutory Instruments Act 1992.

ch 3 pt 2 div 1 hdg om 2016 No. 12 s 347

102Policy for code of racing

(1)A control body may make a policy for a code of racing because—

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

(b)the control body believes it is good management to have the policy.

(2)The control body must make a policy for a licensing scheme for its code of racing.

(3)A regulation may prescribe that a control body must make a policy for a particular matter and the provisions to be included in the policy for the matter.

s 102 sub 2016 No. 12 s 347

103Form of each policy

(1)A policy must state the following—

(a)its name;

(b)the date it is made by the control body;

(c)the day it takes effect;

(d)its purpose;

(e)who will be affected by it;

(f)how the control body will make decisions about matters provided for by the policy;

(g)whether or not rules of racing are to be made for the policy.

(2)A control body makes a policy when the policy is entered into the control body’s minutes as having been made by it.

(3)A policy can not take effect on a day that is earlier than the date the policy is made by the control body.

(4)If a control body wishes to amend a policy, it must make a new policy.

104Availability of policies

(1)A control body must ensure that its policies are publicly available.

(2)Without limiting subsection (1), for each of its policies, the control body must—

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

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

(c)give a copy of the policy to a person if the person asks for a copy.

(3)If a control body charges for copies of its policies, the control body is not required under subsection (2)(c) to give a person a copy of the policy without charging the person.

105Application of policy

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

s 105 amd 2016 No. 12 s 348

106Purposes of control body’s licensing scheme

The purposes of a control body’s licensing scheme for its code of racing are to ensure—

(a)the integrity of licensed clubs; and

(b)the suitability of venues to conduct racing activities for its code.

s 106 amd 2016 No. 12 s 349

107Control body’s policy for a licensing scheme

(1)In developing the control body’s policy for its licensing scheme, the control body must consider the privileges and duties that are to attach to a licence it issues and other matters relevant to an effective licensing scheme.

(2)The control body’s policy for its licensing scheme must provide for all of the following matters—

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

(b)the way a licence may be applied for, having regard to section 108;

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

(d)the way the control body will deal with an application for a licence, including the applicant’s right to make further representations 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)giving an information notice for 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 clubs and venues will be audited to decide if a licensed club 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 control body’s rules of racing or as mentioned in subsection (5);

(j)when and how a licence may be immediately suspended in order to protect the safety of persons;

(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 representations 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 control body notice of—

(i)a change of address; or

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

(p)appointing the control body’s officials, their functions and powers and issuing identity cards to them;

(q)serving notices on licence holders.

(3)Without limiting subsection (1), the control body’s policy for its licensing scheme may provide for the following matters—

(a)whether an applicant for a licence should be 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 should be provision for provisional or temporary licences;

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

(4)A control body’s policy for its licensing scheme about licensed clubs must provide that when auditing a licensed club, the control body must have regard to the following for a period stated in the policy—

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

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

s 107 amd 2012 No. 42s 41; 2016 No. 12 s 350

108Application for licence

(1)A control body’s policy for its licensing scheme must require a person who wishes to obtain a licence for a club or venue (the proposed licensee) to apply for the licence in a control body 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)Also, a control body’s policy relating to the licensing of a club must provide for the following matters—

(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 Integrity 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 animal welfare, racing or betting;

(iv)an animal welfare offence;

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

(d)after auditing a licensed club, if the control body is not satisfied it is suitable to continue to be licensed, the control body must take disciplinary action relating to the licence.

(4)A control body’s policy for its licensing scheme may require an application for a licence for a venue 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 control body may consider all convictions stated in the national police certificate as relevant to the application for the licence.

s 108 amd 2016 No. 12 s 351

109Licences may not be transferred

A control body’s policy for a licensing scheme must not allow a person licensed by the control body to transfer the licence to another person.

110Same venue may be licensed by control bodies

(1)This Act does not prevent a venue licensed by a control body for its code of racing being licensed by another control body for its code of racing.

(2)A control body must not prevent a venue licensed by it for its code of racing being licensed by another control body.

s 110 amd 2016 No. 12 s 352

pt 3 div 1 hdg om 2012 No. 42s 42

pt 3 div 2 hdg om 2012 No. 42s 43

111Obligation to have rules of racing for code of racing

(1)A control body must have rules of racing for the good management of each of its codes of racing.

(2)Rules of racing must be made in accordance with section 112.

s 111 amd 2010 No. 22s 15

sub 2016 No. 12 s 353

112Process and other matters relating to making rules of racing

(1)Before a control body may make rules of racing, the control body must prepare a draft of the rules (the draft rules).

(2)The draft rules must be given to the chief executive and the commission with a request for comments about the draft rules by a day stated in the request (the stated day).

(3)The stated day must be at least 28 days or more after the day of the request unless—

(a)the control body is satisfied that, because of exceptional circumstances, it is necessary to make the rules of racing before 28 days after the day of the request; and

(b)the request states—

(i)the exceptional circumstances; and

(ii)a stated day for making comments that is earlier than the 28 days and the earlier day is reasonable given the stated exceptional circumstances.

(4)If the chief executive or the commission gives the control body comments about the draft rules, the control body must reach agreement with the chief executive and the commission about the way in which the draft rules are to be changed.

(5)The control body may make the rules of racing—

(a)if there are no comments—after the stated day; or

(b)otherwise—after agreement is reached as mentioned in subsection (4).

s 112 prev s 112 om 2010 No. 22s 16

pres s 112 ins 2016 No. 12 s 353

113Requirement relating to rules of racing

(1)In making rules of racing, a control body must have regard to whether the rules have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992, section 4(3).

(2)Failure to comply with subsection (1) does not affect the validity of the rules.

(3)If there is an inconsistency between any of the following (each an instrument) and a control body’s rules of racing, the instrument prevails to the extent of the inconsistency—

(a)this Act;

(b)the Racing Integrity Act;

(c)a policy of the control body;

(d)if the commission has a standard about a matter to which the rules of racing relate—the standard.

s 113 prev s 113 om 2010 No. 22s 16

pres s 113 ins 2016 No. 12 s 353

114Availability of rules of racing

(1)A control body for a code of racing must ensure its rules of racing for the code are publicly available, including on its website.

(2)Without limiting subsection (1), the control body must—

(a)give a copy of the rules to the chief executive and the commission, free of charge, within 14 days after the control body makes the rules; and

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

(c)give a copy of its rules to a person if the person asks for a copy.

(3)If a control body charges for copies of its rules, the control body is not required under subsection (2)(c) to give a person a copy without charging the person.

s 114 sub 2016 No. 12 s 353

115Grounds for suspension or cancellation

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

(a)the club is not complying, or has not complied, with a control body direction given to the club;

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

Note—

See section 123.

(c)for a non-proprietary club—the club contravened section 128 or 129.

(2)Subsection (1)(c) applies whether there is or was a prosecution relating to the contravention of section 128.

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

s 115 amd 2012 No. 42s 75 sch

116Show cause notice

(1)If a control body believes a ground exists to cancel or suspend a licensed club’s licence as mentioned in section 115(1), the control body must, subject to section 119(1)(a), give the club a notice (a show cause notice).

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

(a)the action the control body 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 be a period ending at least 28 days after the day the show cause notice is given to the club.

117Representations about show cause notice

(1)The licensed club may make written representations about the show cause notice to the control body in the show cause period.

(2)The control body must consider all written representations (the accepted representations) made under subsection (1).

118Immediate suspension of licensed club’s licence

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

(a)a ground exists to suspend or cancel 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 control body giving the club an information notice, together with a show cause notice; and

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

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

119Censuring licensed club

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

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

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

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

120Direction to licensed club to rectify matter

(1)This section applies if, after considering the accepted representations for a show cause notice, the control body—

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

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

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

(3)The direction can be effected only by the control body giving the club an information notice about the control body’s 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 suspended or cancelled, 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)A control body’s power to give a direction to a licensed club under another provision of this Act is not limited by the control body’s power to give a direction under this section.

121Suspension or cancellation

(1)Subject to section 120(6), this section applies if—

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

(b)after considering the accepted representations for the show cause notice, the control body still believes the ground exists to cancel or suspend the licensed club’s licence.

(2)The control body may—

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

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

(i)cancel the licence; or

(ii)suspend the licence for a period.

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

(4)If the control body’s 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 control body, within 14 days of receiving the notice, for relevant action by the control body.

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

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

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

s 121 prev s 121 om 2016 No. 12 s 363

122 Notice of decision

(1)This section applies if a control body decides to—

(a)cancel or suspend a licensed club’s licence under section 115 or 118; or

(b)censure a licensed club under section 119; or

(c)direct a licensed club to rectify a matter under section 120.

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

s 122 prev s 122 om 2016 No. 12 s 363

pres s 122 ins 2016 No. 12 s 354

123Contravention by licensed club constitutes a ground for disciplinary action

(1)If a licensed club contravenes a provision of this part, the contravention constitutes a ground for suspending or cancelling 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 does not limit the matters that a control body’s policy about its licensing scheme may provide is a ground for disciplinary action relating to the licence of a club.

s 123 prev s 123 om 2016 No. 12 s 363

124Licensed 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 that licensed the club and venue 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 that licensed the club and venue 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.

s 124 prev s 124 om 2016 No. 12 s 363

pres s 124 sub 2016 No. 12 s 355

125Licensed club to give audited accounts to control body

(1)Within 3 months after the end of each financial year, the responsible entity for a licensed club for the financial year must give the club statements for the financial year, that have been signed by the club’s auditors, to the control body for the code of racing in relation to which the club was licensed.

(2)The statements must be in the control body form.

(3)If the club was a non-proprietary club during the financial year, the control body form must provide for statements about the following—

(a)the club’s income and expenditure, on an accrual basis;

(b)particulars of each amount paid by the club for a charitable, benevolent, patriotic or special purpose approved by the control body;

(c)particulars of other payments or expenditure made by the club of the type mentioned in section 128(3);

(d)its assets and liabilities as at the end of the financial year.

(4)If the club was other than a non-proprietary club during the financial year, the control body form must provide for statements about the following—

(a)the club’s income and expenditure, on an accrual basis;

(b)its assets and liabilities as at the end of the financial year.

(5)In this section—

responsible entity, for a licensed club for a financial year, means—

(a)if the corporation that was a licensed club during the financial year continues to be a licensed club—the licensed club; or

(b)if the corporation that was a licensed club during the financial year is no longer licensed as a licensed club but the corporation continues to exist—the corporation; or

(c)if the corporation that was a licensed club during the financial year is no longer licensed as a licensed club and the corporation no longer exists—each of the persons who was an executive officer of the corporation immediately before the licence ended.

s 125 prev s 125 om 2016 No. 12 s 363

pres s 125 amd 2016 No. 12 s 356

126 Control body to report to Minister about licensed club

Within 6 months after the end of each financial year, a control body must report to the Minister about—

(a)whether each licensed club that should have given the club’s audited financial information for the financial year to the control body, as required by section 125, has done so; and

(b)any issues that have arisen following the control body’s assessment of the financial information; and

(c)any information relating to the actions taken by the licensed club, or control body directions to the club, to rectify the identified issues; and

(d)any other matter prescribed by regulation.

s 126 prev s 126 om 2016 No. 12 s 363

pres s 126 ins 2016 No. 12 s 357

127Definitions for division

In this division—

deal with, an asset, includes grant a right in relation to the asset, mortgage, lend, lease or register a charge over the asset, but does not include dispose of the asset.

def deal with ins 2010 No. 22s 18

dispose, of an asset, includes distribute, forfeit, relinquish possession of, sell or otherwise give up, the asset.

non-proprietary entity means—

(a)a licensed club that is a non-proprietary club; or

(b)a corporation that was a licensed club and, when it was licensed, was a non-proprietary club.

relevant control body, relating to a non-proprietary entity, means the control body in relation to which the entity is or was licensed.

def relevant control body sub 2016 No. 12 s 358(2)

s 127 prev s 127 om 2016 No. 12 s 363

pres s 127 amd 2016 No. 12 s 358(1)

128Application of revenues, profits etc. of licensed club that is or was a non-proprietary entity

(1)A non-proprietary entity must not divide, directly or indirectly, money comprising the entity’s revenues, profits or other assets, however derived, among the individual members of the entity or any of them.

(2)The non-proprietary entity may apply amounts comprising its revenues and profits—

(a)for encouraging the relevant control body’s code of racing in Queensland if the application is under 1 of the control body’s policies for that purpose; and

(b)for a charitable, benevolent, patriotic or special purpose, if the application is under the relevant control body’s written approval obtained before the entity applies the amounts.

(3)This section does not prevent—

(a)a payment to a member of a non-proprietary entity as—

(i)principal and interest payable for amounts lent to the entity by that member, calculated at a rate not exceeding the rate for the time being approved by the Reserve Bank of Australia as the maximum rate of interest chargeable by banks for overdraft accommodation; or

(ii)rent for a lease of a licensed venue that is the property of the member, if the lease was approved by the Minister before its execution; or

(iii)reimbursement for reasonable expenses incurred by the member under 1 of the relevant control body’s policies that provides the expenses may be incurred; or

(b)an expenditure by the non-proprietary entity for—

(i)providing reasonable entertainment for the entity’s members in common with other persons; and

(ii)defraying a member’s expenses for attending, with the approval of the entity before attending—

(A)a conference or meeting of persons interested or concerned in racing or in the control, holding or supervision of race meetings; or

(B)a conference or meeting with the relevant control body or with the Minister; or

(C)a place to promote the entity’s interests; or

(c)a payment to 1 of the entity’s members of prize money, or for the award of a trophy, won by a licensed animal at a race meeting held by the entity; or

(d)a payment by the entity of a reasonable amount to a person, whether or not a member of the entity, for legal, accounting, secretarial or other professional services requested by or given to the entity.

s 128 prev s 128 om 2016 No. 12 s 363

129Prohibition of disposal of assets etc. of non-proprietary entity

(1)A non-proprietary entity may not dispose of any of its asset unless—

(a)if the asset is an amount comprising the entity’s revenues and profits—the amount is applied under section 128(2) or (3); or

(b)if the asset is an interest in real property and is used for a purpose mentioned in subsection (2)—the asset is disposed of under that subsection; or

(c)if the asset is not an amount mentioned in paragraph (a) or an interest in real property used for a purpose mentioned in subsection (2), the asset is disposed of under—

(i)1 of the relevant control body’s policies; or

(ii)a written approval of the relevant control body, obtained before the disposal and relating to that asset.

(2)Despite this Act or another Act, or a law, custom or practice, the entity must not dispose of an interest in real property that is used for the following purposes without the approval of the Minister obtained before the disposal—

(a)a licensed venue;

(b)a place for exercising, conditioning or training licensed animals.

(3)An approval given for subsection (2) must be published in the gazette.

(4)The Minister may, under subsection (2), approve the disposal of an asset that is an interest in real property used for a purpose mentioned in that subsection only if the following happened before the entity sought the Minister’s approval—

(a)the majority of the entity’s members present at a meeting of it approved of the disposal;

(b)the relevant control body’s approval was obtained.

(5)A relevant control body may grant an approval mentioned in subsection (4)(b) on conditions the control body considers appropriate.

s 129 prev s 129 om 2016 No. 12 s 363

pres s 129 amd 2010 No. 22s 19; 2012 No. 42s 44

130 Dealing with assets of non-proprietary entity

A non-proprietary entity must not deal with an asset of the entity other than under—

(a)a policy of the relevant control body; or

(b)a written approval of the relevant control body, obtained before the dealing and relating to that asset.

s 130 prev s 130 om 2016 No. 12 s 363

pres s 130 ins 2010 No. 22s 20

pt 6 hdg ins 2008 No. 75s 90

131 Definitions for part

In this part—

betting exchange see section 132.

def betting exchange amd 2012 No. 42s 75 sch

document or information request see section 136.

def document or information request ins 2009 No. 41s 96

amd 2012 No. 42s 75 sch

licensed wagering operator means—

(a)a licensed bookmaker; or

(b)a person who is the holder of an oncourse wagering permit or a race wagering licence under the Wagering Act 1998; or

(c)a wagering operator who holds a licence or other authority—

(i)under a law of another State or a foreign country, that authorises the operator to conduct a wagering business; or

(ii)issued by a principal racing authority of another State or a foreign country, that authorises the operator to conduct a wagering business.

def licensed wagering operator sub 2016 No. 12 s 359(2)

principal racing authority, of another State or a foreign country, means an entity that manages a type of animal racing in the other State or foreign country.

Queensland race information means information that identifies, or is capable of identifying any of the following—

(a)the name, number or time of an intended race to be held at a race meeting at a licensed venue in Queensland;

(b)the name or number of a licensed animal that has been nominated for, or that will otherwise take part in, an intended race to be held at a race meeting at a licensed venue in Queensland;

(c)the name or number of a licensed animal that has been scratched or withdrawn from an intended race to be held at a race meeting at a licensed venue in Queensland;

(d)the name or number of a rider, or trainer, of a licensed animal that has been nominated for, or that will otherwise take part in, an intended race to be held at a race meeting at a licensed venue in Queensland;

(e)the outcome of a race held at a race meeting at a licensed venue in Queensland.

race information authority means a race information authority issued under section 135(1).

def race information authority amd 2012 No. 42s 75 sch

totalisator see the Wagering Act 1998, section 8.

wagering monitoring system means a system for monitoring the wagering activity of a licensed wagering operator.

def wagering monitoring system ins 2009 No. 41s 96

wagering operator means—

(a)a person who conducts bookmaking; or

(b)a person who conducts a betting exchange; or

(c)a person who conducts a totalisator; or

(d)a person who otherwise conducts a wagering business.

s 131 prev s 131 om 2016 No. 12 s 363

pres s 131 (prev s 113A) ins 2008 No. 75s 90

renum 2012 No. 42s 45

amd 2016 No. 12 s 359(1)

132 Meaning of betting exchange

(1)Betting exchange means a facility that enables persons—

(a)to place or accept, through the operator of the facility, wagers with other persons; or

(b)to place with the operator of the facility wagers that, on acceptance, are matched with opposing wagers placed with and accepted by the operator.

(2)However, betting exchange does not include a facility that enables persons to place wagers only with a person who conducts bookmaking or a totalisator.

s 132 prev s 132 om 2016 No. 12 s 363

pres s 132 (prev s 113B) ins 2008 No. 75s 90

renum 2012 No. 42s 45

133 Use of Queensland race information

A licensed wagering operator must not, whether in Queensland or elsewhere, use Queensland race information for the conduct of the operator’s wagering business, unless the operator is authorised to do so under a race information authority.

Maximum penalty—

(a)for a first offence—600 penalty units or 12 months imprisonment; or

(b)for a second or subsequent offence—4000 penalty units or 5 years imprisonment.

s 133 prev s 133 om 2016 No. 12 s 363

pres s 133 (prev s 113C) ins 2008 No. 75s 90

renum 2012 No. 42s 45

134 Application for race information authority

(1)A licensed wagering operator wishing to use Queensland race information for the conduct of the operator’s wagering business for a code of racing may apply to the control body for the code of racing for a race information authority for the code of racing.

(2)The application must—

(a)be made in the way prescribed by regulation; and

(b)be accompanied by—

(i)any application fee decided by the control body; and

(ii)the documents prescribed by regulation.

(3)The control body must consider the application and either grant, or refuse to grant, the application.

(4)In deciding the application, the control body must have regard to the criteria prescribed by regulation.

(5)Without limiting subsection (4), the criteria that are prescribed by regulation for that subsection may state—

(a)the types of matters that may, or must, be taken into account by the control body in deciding the application; or

(b)the types of matters that must not be taken into account by the control body in deciding the application.

s 134 prev s 134 om 2016 No. 12 s 363

pres s 134 (prev s 113D) ins 2008 No. 75s 90

renum 2012 No. 42s 45

amd 2016 No. 12 s 389 sch 2 pt 1

135 Decision

(1)If the control body decides to grant the application, the control body must as soon as practicable issue a race information authority for the code of racing to the applicant.

(2)If the control body decides to grant the application but impose conditions on the authority as mentioned in subsection (3) or to refuse to grant the application, the control body must give the applicant an information notice about the decision.

(3)If the control body decides to grant the application, the control body may impose any of the following conditions on the authority—

(a)a condition that the holder of the authority pay the control body a fee for the use of Queensland race information for the conduct of the holder’s wagering business for the code of racing;

(b)a condition of a type prescribed by regulation.

(4)In deciding whether to impose a condition on the authority, or the type of condition, the control body must not take into account the matters prescribed by regulation.

(5)If the applicant has used Queensland race information for the conduct of the applicant’s wagering business for the code of racing at any time during the period from 1 September 2008 to the day of issue of the authority to the applicant, a condition mentioned in subsection (3)(a) may be that the holder of the authority pay a fee for the use of the information during the period.

(6)Without limiting subsection (4), in deciding whether to impose a condition mentioned in subsection (3)(a) on the authority, or the amount of the fee, the control body must take into account any other fees payable to it by the holder of the authority under any agreement between the control body and holder of the authority.

(7)If the control body decides to impose a condition mentioned in subsection (3)(a) on the authority, section 83(2) does not apply to the amount of the fee charged.

s 135 prev s 135 amd 2012 No. 42s 75 sch

om 2016 No. 12 s 363

pres s 135 (prev s 113E) ins 2008 No. 75s 90

renum 2012 No. 42s 45

amd 2016 No. 12 s 360

136 Standard condition of race information authority

It is a condition of every race information authority that the holder of the authority must, unless the holder has a reasonable excuse—

(a)take part, as required by the control body that issued the authority, in a wagering monitoring system established or nominated by the control body; and

(b)comply with all reasonable requests by the control body to give the control body, within the reasonable time stated in the request, information or documents about bets placed with the holder (a document or information request).

s 136 prev s 136 om 2016 No. 12 s 363

pres s 136 (prev s 113EA) ins 2009 No. 41s 97

renum 2012 No. 42s 45

137 Use of documents or information by control body

(1)A control body may use documents or information gained from a wagering monitoring system or under a document or information request only for—

(a)monitoring wagering activity to detect possible breaches of this Act or the control body’s rules of racing; and

(b)taking investigative or enforcement action about the possible breaches.

(2)Subsection (1) does not prevent the control body from providing the documents or information to the chief executive, the commission or another person if the control body is required to do so under this Act or another Act.

s 137 prev s 137 om 2016 No. 12 s 363

pres s 137 (prev s 113EB) ins 2009 No. 41s 97

renum 2012 No. 42s 45

amd 2016 No. 12 s 361

138 Effect of providing documents or information about wagering activity

A person who is the holder of a race information authority or an employee of the holder is not liable civilly, criminally or under an administrative process for providing documents or information about wagering activity—

(a)by taking part in a wagering monitoring system; or

(b)in response to a document or information request.

s 138 prev s 138 om 2016 No. 12 s 363

pres s 138 (prev s 113EC) ins 2009 No. 41s 97

renum 2012 No. 42s 45

139 Cancellation of race information authority

A control body that has issued a race information authority to a licensed wagering operator may, by information notice given to the operator, cancel the authority on a ground prescribed by regulation.

s 139 prev s 139 om 2016 No. 12 s 363

prev s 139 (prev s 113F) ins 2008 No. 75s 90

renum 2012 No. 42s 45

amd 2016 No. 12 s 362

140 Authorisations for competition legislation

(1)The following things are specifically authorised for the competition legislation—

(a)an agreement entered into between—

(i)2 or more control bodies in relation to the appointment of an agent (an appointed agent) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies under race information authorities issued by the bodies; or

(ii)1 or more control bodies and any corresponding body of another State in relation to the appointment of an agent (also an appointed agent) to collect, or the collection by the agent or any of the bodies of, fees that are payable to the bodies for the use of Queensland race information and corresponding information relating to the corresponding body;

(b)the conduct of the bodies and an appointed agent in negotiating and entering into the agreement;

(c)the conduct of the bodies and an appointed agent in performing the agreement.

(2)Anything authorised to be done by subsection (1) is authorised only to the extent to which it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code of Queensland.

(3)In this section—

agreement includes a contract, arrangement or understanding.

competition legislation means the Competition and Consumer Act 2010 (Cwlth), section 51(1)(b) or the Competition Code of Queensland, section 51.

s 140 prev s 140 om 2016 No. 12 s 363

pres s 140 (prev s 113G) ins 2008 No. 75s 90

amd 2010 No. 54s 67 sch

renum 2012 No. 42s 45

ch hdg sub 2016 No. 12 s 363

ch 4 pt 1 hdg om 2016 No. 12 s 363

ch 4 pt 1 div 1 hdg prev pt 1 div 1 hdg om 2016 No. 12 s 363

ch 4 pt 1 div 2 hdg prev pt 1 div 2 hdg om 2016 No. 12 s 363

ch 4 pt 1 div 3 hdg prev pt 1 div 3 hdg om 2016 No. 12 s 363

ch 4 pt 2 hdg om 2016 No. 12 s 363

ch 4 pt 3 hdg om 2016 No. 12 s 363

ch 4 pt 4 hdg om 2016 No. 12 s 363

ch 4 pt 4 div 1 hdg om 2016 No. 12 s 363

ch 4 pt 4 div 2 hdg om 2016 No. 12 s 363

ch 4 pt 4 div 3 hdg om 2016 No. 12 s 363

141What is an original decision and who is the decision-maker

(1)An original decision is any of the following—

(a)a decision of a control body to refuse to grant or renew a licence;

(b)a decision of a control body to take disciplinary action relating to a licence;

(c)a decision of a control body to take an exclusion action against a person;

(d)a decision of a control body to impose a monetary penalty on a person;

(e)a decision of a control body to impose any other non-monetary penalty on a person;

(f)a decision of a control body to refuse to grant a race information authority for a code of racing;

(g)a decision of a control body to cancel a race information authority under section 139;

(h)a decision under this Act prescribed by regulation as an original decision.

(2)The decision-maker, for an original decision, is—

(a)for an original decision mentioned in subsection (1)(a) to (g)—the control body that made the original decision; or

(b)for a decision mentioned in subsection (1)(h)—the entity prescribed by regulation as the decision-maker for that decision.

s 141 prev s 141 om 2016 No. 12 s 363

pres s 141 sub 2016 No. 12 s 363

142Who is an interested person for an original decision

An interested person for an original decision means a person who is—

(a)for an original decision refusing to grant or renew a licence—the applicant for the licence; or

(b)a licence holder adversely affected by a decision of a control body to take the following action against the holder—

(i)disciplinary action;

(ii)exclusion action;

(iii)impose a monetary penalty;

(iv)impose any other non-monetary penalty; or

(c)for an original decision refusing to grant a race information authority for a code of racing—the applicant for the race information authority; or

(d)for an original decision to cancel a race information authority under section 139—the holder of the race information authority before it is cancelled; or

(e)prescribed by regulation for the purposes of a decision under this Act that is prescribed by regulation as an original decision.

s 142 prev s 142 om 2016 No. 12 s 363

pres s 142 sub 2016 No. 12 s 363

143External review process starts with internal review

A person may not apply to QCAT for review of an original decision unless there has been an internal review of the original decision.

s 143 prev s 143 amd 2008 No. 75s 91

om 2016 No. 12 s 363

pres s 143 sub 2016 No. 12 s 363

144Applying for internal review of original decision

(1)An interested person for an original decision may apply to the decision-maker for the decision for an internal review of the decision.

(2)The application must—

(a)if the decision-maker is—

(i)a control body—be in the relevant control body form; or

(ii)other than a control body—be in the relevant approved form; and

(b)include enough information to enable the decision-maker for the decision to decide the application; and

(c)be made to the decision-maker within 14 days after—

(i)the day the interested person is given an information notice about the decision; or

(ii)if the person is not given an information notice about the decision—the day the interested person otherwise becomes aware of the decision.

(3)The decision-maker may, at any time, extend the time for making an internal review application.

s 144 prev s 144 om 2016 No. 12 s 363

pres s 144 sub 2016 No. 12 s 363

145Staying 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 QCAT.

(3)QCAT may stay the original decision to secure the effectiveness of the internal review and any later external review by QCAT.

(4)QCAT may stay the operation of the internal review decision on conditions it considers appropriate.

(5)The stay operates for the period decided by QCAT.

(6)The period of the stay must not extend past the time when the decision-maker for the decision makes an internal review decision about the original decision and any later period QCAT allows the applicant to enable the applicant to 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.

s 145 prev s 145 om 2016 No. 12 s 363

pres s 145 sub 2016 No. 12 s 363

146Reviewing original decision

(1)The decision-maker for an original decision must, within 20 business days after receiving an application for internal review of the 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 by a control body at a meeting.

(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, the review notice must comply with the QCAT Act, section 157(2).

(7)If the decision-maker for the original decision does not give the applicant a review notice within 20 business days after receiving the application, the decision-maker is taken to have confirmed the original decision.

s 146 prev s 146 om 2016 No. 12 s 363

pres s 146 sub 2016 No. 12 s 363

147Applying for external review

(1)This section applies to a person who, under section 146, 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.

s 147 prev s 147 amd 2012 No. 42s 47

om 2016 No. 12 s 363

pres s 147 sub 2016 No. 12 s 363

ch 5 hdg prev ch 5 hdg sub 2009 No. 24s 724

om 2016 No. 12 s 363

pt 1 hdg orig ch 5 pt 1 hdg om 2009 No. 24s 724

prev ch 5 pt 1 hdg ins 2012 No. 42s 50

om 2016 No. 12 s 363

148Definitions for div 1

In this division—

Act document means—

(a)a Minister’s approval or licence; or

(b)a race information authority.

def Act document sub 2016 No. 12 s 364

background document means—

(a)an approved form or control body 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 approved form or control body form; or

(c)a document—

(i)given by a person for consideration for appointment as an executive officer of the board; and

(ii)relating to the person’s business reputation, character, criminal history, current financial position or financial background; or

(d)another document obtained by the Minister, the chief executive or a control body, relating to a person’s business reputation, character, criminal history, current financial position or financial background.

def background document sub 2016 No. 12 s 364

confidential information, about someone, means information about—

(a)the person’s business reputation, character, criminal history, current financial position or financial background; or

(b)the person making an application under this Act; or

(c)whether the person was identified by the police commissioner under a repealed section as a participant in a criminal organisation or as an unsuitable corporation.

def confidential information amd 2013 No. 64s 154; 2016 No. 62 s 335(2)

control body officer means an executive officer or employee of a control body.

def control body officer sub 2008 No. 24s 16

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.

forge includes counterfeit.

repealed section means section 212A(2), 224(4) or 225(4) as in force before the commencement of the Racing Integrity Act 2016, section 363.

def repealed section ins 2016 No. 62 s 335(1)

s 148 prev s 148 om 2016 No. 12 s 363

149Offence 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 was identified by the police commissioner under a repealed section as a participant in a criminal organisation or as an unsuitable corporation.

s 149 prev s 149 amd 2012 No. 42s 75 sch

om 2016 No. 12 s 363

pres s 149 sub 2012 No. 42s 69

amd 2013 No. 64s 155; 2016 No. 62 s 336

150Forgery 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.

Maximum penalty—200 penalty units or 2 years imprisonment.

s 150 orig s 150 sub 2009 No. 24s 724

om 2012 No. 42s 49

prev s 150 ins 2012 No. 42s 50

om 2016 No. 12 s 363

pres s 150 amd 2016 No. 12 s 365

151Making a false statement in application or other document

A person must not knowingly make a false statement—

(a)in an application for a licence or approval application; or

(b)in a document the person is required to keep, or to give to the Minister, the chief executive, a control body or another person, under this Act.

Maximum penalty—200 penalty units or 2 years imprisonment.

s 151 orig s 151 sub 2009 No. 24s 724

om 2012 No. 42s 49

prev s 151 ins 2012 No. 42s 50

om 2016 No. 12 s 363

pres s 151 amd 2016 No. 12 s 366

div 2 hdg amd 2016 No. 12 s 368

152Person must not interfere with licence holder or official 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 a control body performing a function or exercising a power under the control body’s rules of racing.

Maximum penalty—400 penalty units or 2 years imprisonment.

(3)In this section—

interfere with, in relation to a licence holder or an official of a control body, means—

(a)inflict injury on or cause injury to the licence holder or official; or

(b)threaten to inflict injury on or cause injury to the licence holder or official; or

(c)otherwise affect in a detrimental way the behaviour, performance or physical condition of the licence holder or official.

s 152 orig s 152 sub 2009 No. 24s 724

om 2012 No. 42s 49

prev s 152 ins 2012 No. 42s 50

om 2016 No. 12 s 363

pres s 152 amd 2016 No. 12 s 370

153Interfering with particular things at licensed venue or places for holding trials

(1)This section applies to all of the following—

(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;

(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 licensed venue or on which a trial is to be held at the place—the control body managing the licensed venue or place; or

(b)for another day—the licensed club responsible for the licensed venue or the owner of the place.

s 153 prev s 153 sub 2009 No. 24s 724 (amd 2009 No. 48s 101)

amd 2012 No. 42s 51

om 2016 No. 12 s 363

pres s 153 amd 2016 No. 12 s 373

154Attempt to commit offence

(1)A person who attempts to commit an offence against this Act commits an offence.

Maximum penalty for an attempt—the maximum penalty for the completed offence.

(2)The Criminal Code, section 4 applies to subsection (1).

(3)A person may be convicted of attempting to commit an offence against this Act on a complaint or indictment charging the person with the offence.

s 154 prev s 154 amd 2006 No. 18s 3 sch

sub 2009 No. 24s 724

amd 2012 No. 42s 52

om 2016 No. 12 s 363

pt 2 hdg orig ch 5 pt 2 hdg om 2009 No. 24s 724

prev ch 5 pt 2 hdg ins 2012 No. 42s 50

om 2016 No. 12 s 363