Racing Integrity Act 2016

An Act to safeguard the welfare of animals, to ensure the integrity of persons involved in the racing industry and to manage matters relating to betting and sporting contingencies

Long title amd 2016 No. 12 s 295

1Short title

This Act may be cited as the Racing Integrity Act 2016.

2Commencement

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

3Main purposes of Act and their achievement

(1)The main purposes of this Act are—

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

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

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

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

(a)establishing the Queensland Racing Integrity Commission; and

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

(i)licensing by the commission; and

(ii)the granting of offcourse approvals; and

(c)establishing the Racing Appeals Panel to review the decisions of stewards under the rules of racing; and

(d)authorising particular information relating to the decisions of stewards to be made available to the public.

s 3 amd 2022 No. 35 s 45; 2022 No. 24 s 21

4Extraterritorial application of Act

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

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

5Dictionary

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

6Act binds State, Commonwealth and other States

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

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

7Establishment and status

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

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

(3)The staff are to be employed under the Public Sector Act 2022.

(4)However, race day stewards are employed under this Act and not the Public Sector Act 2022.

s 7 amd 2022 No. 34 s 365 sch 3

8Commission represents the State

(1)The commission represents the State.

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

9Application of other Acts

(1)The commission is—

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

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

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

10Functions

(1)The commission has the following functions—

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

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

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

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

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

(ii)complaints about a licence holder;

(e)to conduct investigations into breaches of this Act or the Racing Act;

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

Examples of matters preliminary to race meetings——

jumpouts, trackwork sessions, trials

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

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

Example—

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

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

(j)to safeguard the welfare of any animal that—

(i)used to be involved in racing in Queensland or another jurisdiction; and

(ii)is in the possession of a person licensed under the thoroughbred or harness codes of racing;

(k)to make decisions about disciplinary matters;

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

(m)to promote compliance and integrity, and to promote animal welfare and prevent animal cruelty, by educating, providing information for, and working with, participants;

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

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

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

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

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

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

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

(s)to perform a function incidental to a function mentioned in paragraphs (a) to (p);

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

(2)In this section—

compliance includes compliance with this Act or the Racing Act.

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

s 10 amd 2022 No. 35 s 46

11General restriction on functions

It is not a function of the commission to investigate—

(a)a matter that has already been decided by a court, a tribunal or the Racing Appeals Panel; or

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

s 11 amd 2022 No. 24 s 22

12Powers

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

(a)enter into contracts or agreements; and

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

(c)appoint agents and attorneys; and

(d)engage consultants and researchers; and

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

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

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

13Ministerial directions

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

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

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

(b)a decision of the commission made under the rules of racing for a code of racing;

(c)a decision mentioned in section 240(2);

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

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

(4)The commission—

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

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

14Racing Integrity Commissioner

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

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

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

(4)The commissioner may be reappointed.

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

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

(7)The commissioner must be appointed under this Act and not under the Public Sector Act 2022.

s 14 amd 2022 No. 34 s 365 sch 3

15Deputy Racing Integrity Commissioners

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

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

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

(b)if 2 deputy commissioners are to be appointed, a deputy commissioner who is to be called the 2nd deputy commissioner.

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

(4)A deputy commissioner may be reappointed.

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

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

(7)A deputy commissioner must be appointed under this Act and not under the Public Sector Act 2022.

s 15 amd 2022 No. 34 s 365 sch 3

16Persons eligible to be commissioner or deputy commissioner

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

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

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

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

17Functions of commissioner

(1)The main functions of the commissioner are—

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

(b)to manage the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022.

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

s 17 amd 2022 No. 34 s 365 sch 3

18Functions of deputy commissioner

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

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

(b)to assist the commissioner in managing the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022; and

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

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

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

s 18 amd 2022 No. 34 s 365 sch 3

19Powers of commissioner and deputy commissioner

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

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

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

20Vacancy in office

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

(a)ceases to be eligible to be the commissioner under section 16; or

(b)resigns under section 21; or

(c)is removed from office under section 22.

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

(a)ceases to be eligible to be a deputy commissioner under section 16; or

(b)resigns under section 21; or

(c)is removed from office under section 22.

21Resignation

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

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

22Removal or suspension

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

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

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

(c)has engaged in dishonourable conduct; or

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

23Acting commissioner

(1)This section applies if—

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

(b)there is not a deputy commissioner who is able to perform the functions of the commissioner’s office.

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

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

(4)A person appointed to act as commissioner—

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

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

24Acting deputy commissioner

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

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

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

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

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

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

25Preservation of rights of commissioner and deputy commissioner

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

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

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

26Delegations

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

(2)The commissioner may delegate any of the commissioner’s functions under this Act or another Act, other than section 36, 37, 38 or 40, to an appropriately qualified person, including an employee of the commission or of a department.

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

(4)In this section—

function includes power.

27Assessment of approval applications

(1)The commission must assess an approval application referred under the Racing Act, section 48(1)(b), to the commission.

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

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

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

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

(d)whether the applicant’s draft strategic plan and operation plan that, under the Racing Act, section 46, accompanied the approval application have satisfied all relevant operational and integrity matters associated with the applicant becoming an approved control body;

(e)any submissions given to the commission under the Racing Act, section 50(1) about the approval application, and the commission’s assessment of and response to the submissions;

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

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

s 27 amd 2002 No. 58 s 170 sch 2

28Assessment if 2 or more approval applications

(1)This section applies if—

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

(b)the chief executive (racing) calls a meeting of the approval applicants under the Racing Act, section 52(1); and

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

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

(a)the matters mentioned in section 27 for each approval application;

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

(c)the commission’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code of racing, having regard to the matters mentioned in section 29.

s 28 amd 2002 No. 58 s 170 sch 2

29Assessing applicants for approval applications

(1)This section applies to the commission in assessing an approval application as mentioned in section 27.

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

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

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

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

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

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

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

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

s 29 amd 2002 No. 58 s 170 sch 2

30Commission may require further information or documents

(1)For an investigation under section 29 relating to an approval application, the commission may, by notice given to the applicant for the approval application, require the applicant to give the commission further information or a document relating to any of the following within the reasonable period stated in the notice—

(a)the approval application;

(b)the applicant;

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

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

(2)For an investigation under section 29 relating to a business associate or executive associate of an applicant, the commission may, by notice given to the associate and a copy of the notice given to the applicant, require the associate to give the commission information or a document relating to the following within the reasonable period stated in the notice—

(a)the association with the applicant;

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

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

31Investigations into suitability of a control body

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

32Investigation into suitability of associate of control body

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

33Requirement to give information or document for investigation

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

(2)The notice must include—

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

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

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

34Failure to give information or document for investigation

(1)A person to whom a notice is given under section 33(1) must comply with the requirement in the notice within the period stated in the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

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

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

35Criminal history report for investigation

(1)If the commission, in investigating a person under section 31 or 32, asks the police commissioner for a written report on the person’s criminal history, the police commissioner must give the report to the commission.

(2)The report is to contain—

(a)the person’s criminal history; and

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

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

36Powers for audits and investigations

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

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

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

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

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

37Power to require attendance and giving of evidence

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

(2)The notice must state—

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

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

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

38Power to require information, document or thing

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

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

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

(2)The notice must state—

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

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

39Offences relating to audits and investigations

(1)A person who is given a notice under section 37 or 38 must not, without reasonable excuse—

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

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

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

Maximum penalty—100 penalty units.

(2)A person who is given a notice under section 37 to attend an audit or investigation must not improperly influence, or attempt to improperly influence, someone else who the person knows has been given a notice under section 37 to attend the same audit or investigation.

Maximum penalty—100 penalty units.

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

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

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

Maximum penalty—100 penalty units.

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

Maximum penalty—100 penalty units.

(5)A person who is given a notice under section 38 must not give the commissioner information, or a document containing information, the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

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

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

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

s 39 amd 2022 No. 24 s 4

40Power to refuse to investigate complaint

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

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

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

(b)the commissioner is reasonably satisfied—

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

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

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

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

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

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

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

41Quarterly reports

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

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

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

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

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

(4)In this section—

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

(a)1 July to 30 September;

(b)1 October to 31 December;

(c)1 January to 31 March;

(d)1 April to 30 June.

42Commission to keep Minister informed

The commission must—

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

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

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

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

43Reporting to department

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

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

(3)The commission must comply with the requirement.

44Other reporting requirements

Sections 42 and 43 do not limit the matters of which the commission is required to keep the Minister informed, or limit the reports or information that the commission is required, or may be required, to give under another Act.

45Annual report

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

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

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

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

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

(3)In this section—

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

46Interaction with the Financial Accountability Act 2009

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

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

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

47Draft strategic and operational plans

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

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

48Procedures

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

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

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

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

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

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

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

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

49Strategic or operational plan pending agreement

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

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

(3)Subsection (2) applies until a draft strategic or operational plan becomes the commission’s strategic or operational plan under section 50.

50Strategic or operational plan on agreement

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

51Compliance with strategic and operational plans

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

52Modifications of strategic or operational plan

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

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

53Content of strategic and operational plans

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

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

ch 2 pt 6A hdg ins 2020 No. 23 s 57

53AExchange of information

(1)The commission may enter into an arrangement (an information-sharing arrangement) with a relevant agency for the purposes of sharing or exchanging information—

(a)held by the commission or the relevant agency; or

(b)to which the commission or the relevant agency has access.

(2)An information-sharing arrangement may relate only to information that assists—

(a)the commission perform the commission’s functions under this Act; or

(b)the relevant agency perform its functions.

(3)Under an information-sharing arrangement, the commission and the relevant agency are, despite another Act or law, authorised to—

(a)ask for and receive information held by the other party to the arrangement or to which the other party has access; and

(b)disclose information to the other party.

(4)The commission may use criminal intelligence given to the commission by the police commissioner under an information-sharing arrangement only for monitoring compliance with this Act.

(5)In this section—

information does not include information given to the commission or a relevant agency, or to which the commission or relevant agency has access, under the Crime and Corruption Act 2001.

relevant agency means the following—

(a)the police commissioner;

(b)the chief executive of a department;

(c)a local government;

(d)a person prescribed by regulation.

s 53A (prev s 98A) ins 2016 No. 62 s 348

reloc and renum 2020 No. 23 s 59

54Funding

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

(2)The chief executive must—

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

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

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

55Recovery of unpaid amounts

If a control body does not pay an amount payable under section 54(3), the State may recover the amount from the control body as a debt.

56Commission may charge fees for its services

(1)The commission may charge fees for services it provides as part of the performance of its functions.

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

(3)Despite subsection (1), the commission must not charge a fee for a service provided under this Act or the Racing Act to the Minister or the chief executive.

57Purpose of chapter

(1)The main purpose of this chapter is to provide for the way the commission may perform its functions in relation to each code of racing.

(2)Generally, the commission performs its functions by making standards for each code of racing, particularly about the licensing scheme for controlling activities relating to animals and participants and about the way in which races are to be held for the code of racing.

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

58Standards for codes of racing

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

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

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

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

59Form of standards

(1)A standard must state the following—

(a)its name;

(b)the day the commission made the standard;

(c)the day it takes effect;

(d)its purpose;

(e)who will be affected by it;

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

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

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

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

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

60Availability of standards

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

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

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

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

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

61Application of standards

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

62Standards are statutory instruments

A standard is a statutory instrument.

63Purposes of licensing schemes

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

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

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

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

(d)the responsible breeding of horses for racing.

s 63 amd 2022 No. 35 s 47

64Standards for licensing schemes for codes of racing

(1)The commission must make a standard for a licensing scheme for each code of racing.

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

65Standards for a licensing scheme—mandatory matters

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

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

(b)the way a person may apply for a licence, having regard to section 67;

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

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

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

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

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

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

(i)the grounds for taking disciplinary action relating to a licence—

(i)for matters dealt with in the rules of racing for the code of racing for which the licence is issued; or

(ii)in the circumstance mentioned in subsection (2) for the licence;

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

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

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

(ii)the proposed disciplinary action;

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

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

(m)exhibiting and producing a licence;

(n)replacing a lost licence;

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

(i)a change of address; or

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

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

(p)serving notices on licence holders;

(q)the fees payable to the commission, including fees payable in relation to licensing for each code of racing.

(2)The standard for a licensing scheme must also provide that, after auditing a licensed animal or participant, if the commission is not satisfied it is suitable to continue to be licensed, the commission must take disciplinary action relating to the licence.

(3)This section does not limit section 64.

s 65 amd 2022 No. 24 s 5

66Standards for a licensing scheme—discretionary matters

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

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

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

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

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

(3)This section does not limit section 64.

67Application for licence

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

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

(a)the type of licence applied for;

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

(c)particulars of the proposed licensee;

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

(3)The standard for a licensing scheme may require an application for a licence 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.

(4)If a national police certificate is required under subsection (3), the commission may consider all convictions stated in the national police certificate as relevant to the application for the licence.

(5)In this section—

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

68Licences may not be transferred

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

69Same animal or participant may be licensed for multiple codes of racing

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

70Requirement to hold racing bookmaker’s licence or approval

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

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

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

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

Maximum penalty—600 penalty units.

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

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

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

Maximum penalty—600 penalty units.

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

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

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

Maximum penalty—40 penalty units.

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

Maximum penalty—40 penalty units.

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

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

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

Maximum penalty—40 penalty units.

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

Maximum penalty—40 penalty units.

71Requirement for racing bookmaker to hire licensed clerk

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

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

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

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

Maximum penalty—200 penalty units.

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

Maximum penalty—200 penalty units.

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

72Requirement to hold licence as racing bookmaker’s clerk

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

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

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

Maximum penalty—200 penalty units.

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

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

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

Maximum penalty—200 penalty units.

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

Maximum penalty—40 penalty units.

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

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

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

73Requirement to produce licence or approval

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

Maximum penalty—40 penalty units.

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

(a)is an individual; and

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

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

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

Maximum penalty—40 penalty units.

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

Maximum penalty—40 penalty units.

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

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

Maximum penalty—40 penalty units.

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

Maximum penalty—40 penalty units.

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

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

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

74Requirement for commission to ensure particular persons have current licences

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

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

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

75Unlawful bookmaking by racing bookmaker

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

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

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

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

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

Maximum penalty—600 penalty units or 2 years imprisonment.

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

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

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

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

76Requirements for betting by racing bookmakers

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

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

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

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

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

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

(c)a sporting contingency declared, under section 141, by the first control body as a declared sporting contingency; or

(d)a contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the first control body has entered into an arrangement as mentioned in the Racing Act, section 82(2)(k) and at which the commission is exercising control.

Maximum penalty—400 penalty units.

(3)Subject to section 135, the racing bookmaker must not make a bet with a person who is not present at the first venue at the time the bet is made.

Maximum penalty—400 penalty units.

s 76 amd 2002 No. 58 s 170 sch 2

77Special requirements for betting by racing bookmaker who holds offcourse approval

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

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

(b)a sporting contingency declared, under section 141, by the control body for that code of racing as a declared sporting contingency; or

(c)a contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the control body for the code of racing has entered into an arrangement as mentioned in the Racing Act, section 82(2)(k) and at which the commission is exercising control.

Maximum penalty—400 penalty units.

s 77 amd 2002 No. 58 s 170 sch 2

78Applications

An application for a racing bookmaker’s licence may be made only by an adult or a corporation.

79Requirements about applications

(1)An application for a racing bookmaker’s licence must be made to the commission in the approved form.

(2)The application must be accompanied by—

(a)the application fee prescribed by regulation; and

(b)if the applicant is an individual—a consent, in the approved form, signed by the individual for each of the following—

(i)information about the individual to be obtained by the commission;

(ii)the individual’s background to be investigated by the commission; and

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

(i)information about the associate to be obtained by the commission;

(ii)the associate’s background to be investigated by the commission; and

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

s 79 amd 2022 No. 24 s 6

80Further information or documents to support application

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

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

81Suitability of applicants for racing bookmaker’s licence

(1)This section applies to the commission in deciding whether an applicant for a racing bookmaker’s licence is a suitable person to hold a racing bookmaker’s licence.

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

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

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

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

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

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

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

s 81 amd 2016 No. 62 s 339

82Suitability of business and executive associates

(1)This section applies to the commission in deciding whether a business associate or an executive associate of an applicant for a racing bookmaker’s licence is a suitable person to be associated with the applicant.

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

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

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

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

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

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

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

83Other matters about suitability

(1)Sections 81 and 82 do not limit the matters the commission may have regard to in deciding matters to which the sections relate.

(2)However, the commission may not have regard to criminal intelligence given by the police commissioner to the commission under section 53A when deciding the matters to which sections 81 and 82 relate.

s 83 amd 2016 No. 62 s 340; 2020 No. 23 s 58

85Consideration of application

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

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

(a)the commission has given a person a notice under section 80 or 90 relating to the application requiring the person to give the commission information or a document as stated in the section; and

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

86Conditions for granting application

The commission may grant the application only if the commission is satisfied—

(a)the applicant is a suitable person to hold a racing bookmaker’s licence; and

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

s 86 amd 2016 No. 62 s 341

87Investigation of suitability of persons

(1)The commission may investigate the applicant to help the commission decide whether the applicant is a suitable person to be a licence holder.

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

89Criminal history reports for investigations

(1)If the commission, in investigating a person under section 87, asks the police commissioner for a written report on the person’s criminal history, including whether the person is, or has been, the subject of a control order or registered corresponding control order, the police commissioner must give the report to the commission.

(2)The report is to contain—

(a)the person’s criminal history; and

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

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

(4)A report under subsection (2) must, if the person is, or has been, the subject of a control order or registered corresponding control order—

(a)state the details of the order; or

(b)be accompanied by a copy of the order.

s 89 amd 2016 No. 62 s 343

90Requirement of associate to give information or document for investigation

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

(2)When making the requirement, the commission must—

(a)warn the associate that the application for the racing bookmaker’s licence will not be considered further until the requirement is complied with; and

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

91Decision on application

(1)If the commission grants an application for a racing bookmaker’s licence, the commission must give the applicant the licence.

(2)If the commission refuses to grant an application for a racing bookmaker’s licence, the commission must give the applicant an information notice about the decision.

s 91 amd 2016 No. 62 s 344

92Form of racing bookmaker’s licence

A racing bookmaker’s licence is to be in the approved form.

93What corporate licence must include

(1)A racing bookmaker’s licence for a corporation must state the name of each executive officer of the corporation who may carry on bookmaking for the corporation under the licence.

(2)The commission must not, under subsection (1), state an executive officer’s name in the licence unless the executive officer—

(a)has been investigated by the commission and found suitable to be associated with the licence holder; and

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

94Period for which racing bookmaker’s licence has effect

A racing bookmaker’s licence continues to have effect until the earlier of the following happens—

(a)the licence is cancelled under section 106;

(b)a surrender of the licence takes effect under section 111.

95Audit program

(1)The commission may approve an audit program for investigating racing bookmakers, and the business associates and executive associates of racing bookmakers.

(2)The commission is responsible for ensuring that investigations of racing bookmakers, and the business associates and executive associates of racing bookmakers, are conducted under the audit program.

96Investigations into suitability of licence holder

(1)The commission may investigate a licence holder to find out whether the licence holder is a suitable person to hold, or to continue to hold, a racing bookmaker’s licence.

(2)The commission may investigate the licence holder under this section only if—

(a)the commission reasonably suspects the licence holder is not, or is no longer, a suitable person to hold a racing bookmaker’s licence; or

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

s 96 amd 2016 No. 62 s 345

97Investigation into suitability of associate of licence holder

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

(2)The commission may investigate a business associate or an executive associate of a licence holder under this section only if—

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

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

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

(d)the associate became a business associate or an executive associate of the licence holder after the issue of the racing bookmaker’s licence to the licence holder; or

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

s 97 amd 2016 No. 62 s 346

98Criminal history report for investigation

(1)If the commission in investigating a person under section 96, 97 or 110(2) asks the police commissioner for a written report on the person’s criminal history, including whether the person is, or has been, the subject of a control order or registered corresponding control order, the commissioner must give the report to the commission.

(2)The report is to contain—

(a)the person’s criminal history; and

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

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

(4)A report under subsection (2) must, if the person is, or has been, the subject of a control order or registered corresponding control order—

(a)state the details of the order; or

(b)be accompanied by a copy of the order.

s 98 amd 2016 No. 62 s 347

99Requirement to give information or document for investigation

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

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

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

100Failure to give information or document for investigation

(1)A person of whom a requirement is made under section 99 must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

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

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

101Grounds for cancellation

(1)A ground for cancelling a racing bookmaker’s licence exists if the licence holder—

(a)is not a suitable person to hold a racing bookmaker’s licence; or

(b)is convicted for an offence against—

(i)this Act or the Racing Act; or

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

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

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

(e)is affected by bankruptcy action.

(2)Also, a ground for cancelling a racing bookmaker’s licence exists if—

(a)the racing bookmaker’s licence was granted because of a materially false or misleading representation or declaration; or

(b)a business associate or an executive associate of the licence holder is not a suitable person to be associated with a licence holder.

(3)Criminal intelligence given by the police commissioner to the commission under section 53A can not be the basis of the ground for the cancellation of a racing bookmaker’s licence.

s 101 amd 2016 No. 62 s 349; 2020 No. 23 s 60

103Show cause notice

(1)The commission must give a licence holder a notice (a show cause notice) if the commission reasonably believes—

(a)a ground exists to cancel the licence holder’s racing bookmaker’s licence; and

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

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

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

(a)the action the commission proposes taking under this division;

(b)the grounds for the proposed action;

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

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

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

(4)The licence holder may, in the show cause period, make submissions to the commission about the show cause notice.

s 103 amd 2016 No. 62 s 351; 2022 No. 24 s 29 sch 1 pt 1

104Consideration of submission

The commission must consider any submissions made by the licence holder in the show cause period.

105Ending show cause process without further action

If, after considering the submissions for the show cause notice, the commission no longer believes a ground exists to cancel the racing bookmaker’s licence, the commission must—

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

(b)give a notice to the licence holder that no further action is to be taken.

106Cancellation

(1)The commission may cancel the racing bookmaker’s licence if—

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

(b)after considering the submissions for the show cause notice, the commission still believes—

(i)a ground exists to cancel the racing bookmaker’s licence; and

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

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

(2)The commission must immediately give the licence holder an information notice about the decision to cancel the racing bookmaker’s licence.

(3)The information notice must include—

(a)a direction to the licence holder to return the racing bookmaker’s licence to the commission within 14 days after the cancellation; and

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

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

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

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

s 106 amd 2016 No. 62 s 352

107Return of cancelled racing bookmaker’s licence

(1)A person must comply with a direction to the person under section 106(3)(a) unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

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

Maximum penalty—40 penalty units.

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

s 107 amd 2016 No. 62 s 353

108Censuring licence holder

(1)This section applies if the commission—

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

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

(2)The commission may censure the licence holder for a matter relating to the ground for cancellation.

(3)The censure can be effected only by the commission giving the licence holder an information notice about the decision to censure the holder.

s 108 amd 2016 No. 62 s 354

109Corporate licence holder must advise commission of change in executive officers or persons with substantial holdings

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

(2)Within 14 days after either of the following changes, the licence holder must give the commission notice of the change—

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

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

Maximum penalty—100 penalty units.

110Commission may amend racing bookmaker’s licence to show change in executive officers

(1)This section applies if a licence holder has given the commission notice under section 109(2)(a) and asks the commission to amend the racing bookmaker’s licence to omit or include a person as an executive officer of the corporation.

(2)The commission may investigate the executive officer for the purpose of deciding whether to grant the request.

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

111Surrender of racing bookmaker’s licence

(1)A licence holder may surrender the holder’s racing bookmaker’s licence by notice given to the commission.

(2)The surrender of the racing bookmaker’s licence takes effect—

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

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

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

116Application for offcourse approval

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

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

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

Example of an approved place—

the racing bookmaker’s home or office

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

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

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

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

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

(g)the prescribed fee.

s 116 amd 2022 No. 24 s 29 sch 1 pt 1

117Further information or documents to support application

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

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

118Requirement of commission to give information or documents relating to application

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

(2)The commission must comply with the notice.

119Consideration of application

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

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

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

120Decision on application

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

(a)grant the offcourse approval; or

(b)refuse to grant the offcourse approval.

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

121What are the conditions of an offcourse approval

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

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

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

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

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

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

122What is the accepted undertaking for an offcourse approval

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

(a)the undertaking that accompanied the application; or

(b)if the Minister asked the applicant under section 119(2) to review the undertaking—the revised undertaking.

(2)However, if—

(a)the offcourse approval is granted; and

(b)the racing bookmaker who holds the offcourse approval applies to the Minister, or is required by the Minister, to vary the accepted undertaking for the offcourse approval; and

(c)the Minister varies the accepted undertaking;

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

s 122 amd 2022 No. 24 s 29 sch 1 pt 1

123Notice of decision on application

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

ch 4 pt 3 div 1A hdg ins 2022 No. 24 s 9

123A Application for amendment of offcourse approval

(1)A racing bookmaker who holds an offcourse approval may apply to the Minister for an amendment of the approval, other than an amendment of a mandatory condition.

(2)The application for the amendment must—

(a)be made in the approved form; and

(b)be accompanied by the fee prescribed by regulation; and

(c)state—

(i)the proposed amendment; and

(ii)the reasons for the proposed amendment.

s 123A ins 2022 No. 24 s 9

123B Further information or documents to support amendment application

(1)The Minister may, by notice given to the applicant, require the applicant—

(a)to give the Minister further information or a document the Minister reasonably requires to decide the application for the amendment; or

(b)to give the Minister a revised undertaking for the offcourse approval, taking into account the impact of the proposed amendment on the accepted undertaking for the approval.

(2)The notice must state a reasonable period of at least 28 days within which the information, document or undertaking must be given.

(3)The applicant is taken to have withdrawn the application if, within the period stated in the notice, the applicant does not comply with the requirement.

(4)A notice under subsection (1) must be given to the applicant—

(a)before the Minister decides the application; and

(b)within 30 days after the Minister receives the application.

(5)The Minister may, but need not, refund all or part of any fee paid for the application if the application is withdrawn.

s 123B ins 2022 No. 24 s 9

123C Decision on amendment application

(1)The Minister must consider the application for the amendment of the offcourse approval and decide to—

(a)grant the application; or

(b)refuse to grant the application; or

(c)if the applicant agrees in writing to another amendment—grant the agreed amendment.

(2)If subsection (1)(a) or (c) applies, the Minister must—

(a)amend the offcourse approval in the way decided; and

(b)if the applicant gave the Minister the revised undertaking mentioned in section 123B(1)(b)—vary the accepted undertaking in the way revised.

s 123C ins 2022 No. 24 s 9

123D Notice of decision to refuse amendment application

If the Minster refuses to grant the application for the amendment, the Minister must give the applicant an information notice about the decision to refuse to grant the application.

s 123D ins 2022 No. 24 s 9

124Grounds for cancellation

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

(a)the racing bookmaker has contravened—

(i)a condition of the offcourse approval; or

(ii)the accepted undertaking for the offcourse approval;

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

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

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

125Show cause notice

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

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

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

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

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

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

(b)the grounds for the proposed cancellation;

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

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

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

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

126Involvement of commission in show cause process

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

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

127Consideration of submissions

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

(a)the racing bookmaker;

(b)the commission.

128Ending show cause process without further action

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

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

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

(i)the racing bookmaker;

(ii)the commission.

129Cancellation

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

(a)still believes—

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

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

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

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

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

(3)The Minister may cancel the offcourse approval.

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

(5)The notice must include—

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

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

130Return of cancelled offcourse approval

(1)A person must comply with a direction to the person under section 129(5)(a) unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

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

Maximum penalty—40 penalty units.

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

131Automatic cancellation or suspension of offcourse approval

(1)Subsection (2) applies if—

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

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

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

(3)Subsection (4) applies if—

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

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

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

132Censuring racing bookmaker

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

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

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

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

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

133Notice to commission of decisions

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

(a)cancel an offcourse approval under section 129; or

(b)censure the racing bookmaker under section 132.

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

134Immediate suspension of offcourse approval

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

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

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

(2)The suspension—

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

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

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

ch 4 pt 3A hdg ins 2021 No. 7 s 63

134A Definitions for part

In this part—

interactive betting account, of a person, means an account—

(a)in the name of the person with a racing bookmaker; and

(b)that is accessible by means of a telecommunications system; and

(c)against which the racing bookmaker has a right to debit the amount of a bet made by the person.

interactive bettor means a person who has an interactive betting account.

s 134A ins 2021 No. 7 s 63

134B Prohibited inducements

A racing bookmaker or a person acting for a racing bookmaker must not offer, or cause to be offered, to a person who is in Queensland (a relevant person) any credit, voucher, reward or other benefit as an incentive for the relevant person—

(a)to open an interactive betting account with the racing bookmaker; or

(b)to refer another person to the racing bookmaker for the purpose of that person opening an interactive betting account with the racing bookmaker; or

(c)to make bets through the racing bookmaker’s telecommunications system; or

(d)to refer another person to the racing bookmaker to make bets through the racing bookmaker’s telecommunications system; or

(e)not to close an interactive betting account with the racing bookmaker after the relevant person asks the racing bookmaker to close the account.

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)for a corporation—200 penalty units.

s 134B ins 2021 No. 7 s 63

134C Betting using free bets

(1)A racing bookmaker or a person acting for a racing bookmaker must not offer, or cause to be offered, a free bet to an interactive bettor who is in Queensland and has an interactive betting account with the racing bookmaker unless the interactive bettor can withdraw payouts arising from the free bet at any time.

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)for a corporation—200 penalty units.

(2)In this section—

free bet see the Betting Tax Act 2018, section 7.

s 134C ins 2021 No. 7 s 63

134D Restrictions on direct marketing

(1)A racing bookmaker or a person acting for a racing bookmaker must not send promotional or advertising material directly by email, SMS message or other direct means to a person who is in Queensland (a relevant person) unless—

(a)the relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and

(b)either—

(i)the relevant person has not withdrawn the consent; or

(ii)the relevant person has withdrawn the consent but the racing bookmaker or person is not aware of the withdrawal.

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)for a corporation—200 penalty units.

(2)If the relevant person has given consent to receiving promotional or advertising material, the racing bookmaker or a person acting for the racing bookmaker—

(a)must provide the relevant person with a means to easily withdraw the consent at any time; and

(b)if the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent.

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)for a corporation—200 penalty units.

(3)If the racing bookmaker or a person acting for the racing bookmaker sends promotional or advertising material to the relevant person electronically, the racing bookmaker or person must provide a mechanism, including, for example, an electronic link, in the material allowing the relevant person to easily withdraw consent from receiving promotional or advertising material.

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)for a corporation—200 penalty units.

(4)For this section, if the relevant person withdraws consent from receiving promotional or advertising material, the withdrawal takes effect 5 business days, or a shorter period prescribed by regulation, after the relevant person withdraws consent.

s 134D ins 2021 No. 7 s 63

134E Obligation of racing bookmaker to identify person’s location

(1)A racing bookmaker must, when receiving a bet made from an interactive betting account, take reasonable steps to identify the location of the person making the bet.

Maximum penalty—100 penalty units.

(2)For complying with subsection (1), the racing bookmaker may rely on either of the following addresses as being the location of the person making the bet—

(a)for an individual—an address given to the racing bookmaker by the individual as the individual’s residential address;

(b)for a company within the meaning of the Corporations Act—an address given to the racing bookmaker by or for the company as the company’s principal place of business.

(3)However, subsection (2) does not apply if the racing bookmaker knows, or has reasonable grounds to suspect, that an address mentioned in subsection (2)(a) or (b) is not the location of the person when the bet is made.

Example of circumstances in which subsection (2) will not apply for a particular bet—

A person making a bet with a racing bookmaker by telephone has previously given the racing bookmaker an address outside Queensland as the person’s residential address. When making the further bet, the person tells the racing bookmaker the person is in Queensland.

s 134E ins 2021 No. 7 s 63

135When a racing bookmaker may make a bet with a person who is not present at a licensed venue

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

(a)the bet is made through an approved telecommunications system for bookmaking; and

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

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

s 135 amd 2022 No. 24 s 10

136Racing bookmakers to maintain insurance policy or bond to indemnify bettors against default

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

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

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

(b)include conditions required by the commission.

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

137Commission to ensure racing bookmaker has accepted insurance policy or bond

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

Maximum penalty—100 penalty units.

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

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

138Prohibition of betting by racing bookmaker with minor

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

(a)bet with a minor; or

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

Maximum penalty—400 penalty units.

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

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

Maximum penalty—400 penalty units.

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

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

139Lawful bet by racing bookmaker is taken to be a valid contract

(1)This section applies if a racing bookmaker at a licensed venue makes a bet with another person as part of the lawful engagement of the racing bookmaker in bookmaking.

(2)The racing bookmaker is taken to have entered into a valid contract with the other person relating to the bet and may sue or be sued on the contract.

140Payment and settlement of bets

(1)Subsection (2) applies to the payment and settlement of a bet that was lawfully made by and with a racing bookmaker at a licensed venue.

(2)A regulation may approve a place for the payment and settlement of the bet.

(3)Subsection (4) applies to the payment and settlement of a bet that was lawfully made by and with a racing bookmaker who holds an offcourse approval if an approved telecommunications system for bookmaking was used to make the bet.

(4)The offcourse approval may state a place for the payment and settlement of the bet.

(5)For the payment and settlement of the bet, that place is not an illegal betting place.

s 140 amd 2022 No. 24 s 29 sch 1 pt 1

141Bookmaking on particular declared sporting contingencies

(1)A control body for a code of racing may declare a sporting contingency to be a declared sporting contingency for which—

(a)racing bookmakers for the code of racing may carry on bookmaking at a licensed venue when—

(i)a race meeting is being held at the venue; and

(ii)the control body is managing the venue; and

(iii)the commission is exercising control at the venue; and

(b)racing bookmakers for the code of racing who hold an offcourse approval may carry on bookmaking at an approved place for the offcourse approval and at the times approved by the Minister.

(2)Before the control body declares a sporting contingency to be a declared sporting contingency, the control body must consider all of the following—

(a)whether declaring the sporting contingency brings, or has the potential to bring, its code of racing, or racing bookmakers licensed for the code of racing, into disrepute;

(b)whether declaring the sporting contingency will erode public confidence in the Queensland racing industry;

(c)whether a decision about the result of the sporting contingency can be relied on by the commission, control body, racing bookmakers and the public.

(3)Notice about the declaration of a sporting contingency must be given by the control body—

(a)by publication in the control body’s racing calendar under the Racing Act; or

(b)by making the notice available on its website; or

(c)by giving each racing bookmaker for the code of racing a copy of the declaration.

(4)A racing bookmaker for a code of racing must not carry on bookmaking on a sporting contingency, other than a race, unless the sporting contingency has been declared by the control body for the code of racing to be a declared sporting contingency and—

(a)the bookmaking is carried on at a licensed venue when—

(i)a race meeting is being held at the venue; and

(ii)the control body is managing the venue; and

(iii)the commission is exercising control at the venue; or

(b)if the racing bookmaker holds an offcourse approval, the bookmaking is carried on at an approved place for the offcourse approval and at the times approved by the Minister.

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

142Racing bookmaker’s agent during particular periods

(1)This section applies if a racing bookmaker applies to the commission in the approved form to authorise a person to act as the racing bookmaker’s agent by carrying on bookmaking as the racing bookmaker for a period.

(2)The commission may authorise the person to act as the racing bookmaker’s agent and carry on bookmaking as the racing bookmaker for the period only if—

(a)the racing bookmaker—

(i)is temporarily incapacitated through illness or accident for a period that, together with any previous period in which the racing bookmaker was temporarily incapacitated through illness or accident, does not exceed 12 weeks in any year; or

(ii)is on vacation for a period that, together with any previous period in which the racing bookmaker was on vacation, does not exceed 12 weeks in any year; or

(iii)is temporarily unable, for reasons acceptable to the commission, to carry on bookmaking for a period not exceeding 12 weeks; and

(b)the person nominated in the application as the racing bookmaker’s agent is a racing bookmaker’s clerk.

(3)The application must be signed by the racing bookmaker.

(4)However, if a racing bookmaker is unable to carry on bookmaking for a period due to incapacity caused by illness or accident, the commission may waive the requirement that the application be signed by the racing bookmaker if it is satisfied the person who signed and lodged the application is acting for the racing bookmaker.

(5)For this Act, the person authorised as the racing bookmaker’s agent is taken to be the racing bookmaker during the period stated in the authority and this Act applies to the racing bookmaker’s agent as if the agent were the racing bookmaker.

(6)Subsection (7) applies if—

(a)the racing bookmaker holds an offcourse approval; and

(b)the commission authorises a person to act as the racing bookmaker’s agent under this section.

(7)Despite subsection (5), the person authorised as the racing bookmaker’s agent may carry on bookmaking as the racing bookmaker at—

(a)an approved place for the offcourse approval; or

(b)another place approved by the Minister.

s 142 amd 2022 No. 24 s 11

142A Approving telecommunications system for bookmaking

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

(a)the commission has the system assessed by a suitably qualified entity, other than the commission; and

(b)the entity assessing the system gives the commission a report stating the system is of a standard—

(i)to ensure the integrity of bets made; and

(ii)to protect the money and privacy of any person placing a bet.

(2)A telecommunications system approved by the commission under subsection (1) is an approved telecommunications system for bookmaking.

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

(a)to have an approved telecommunications system for bookmaking audited by a suitably qualified entity, other than the commission; and

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

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

s 142A ins 2022 No. 24 s 12

143Authorised officers under this chapter

(1)This chapter includes provisions for the appointment of authorised officers, and gives authorised officers particular powers.

(2)The purpose of these provisions is to ensure the commission has available to it suitably qualified persons who can help the commission deal with issues about compliance under this chapter.

144Functions of authorised officers

An authorised officer has the following functions—

(a)to investigate, monitor and enforce compliance with this Act or the Racing Act;

(b)to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act or the Racing Act;

(c)to facilitate the exercise of powers under this Act or the Racing Act.

145Appointment and qualifications

(1)The commissioner may, by instrument in writing, appoint either of the following persons as authorised officers—

(a)a public service employee;

(b)other persons prescribed by regulation.

(2)However, the commissioner may appoint a person as an authorised officer only if the commissioner is satisfied the person is appropriately qualified.

146Appointment conditions and limit on powers

(1)An authorised officer holds office on any conditions stated in—

(a)the authorised officer’s instrument of appointment; or

(b)a signed notice given to the authorised officer; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers.

(3)In this section—

signed notice means a notice signed by the commissioner.

147When office ends

(1)The office of a person as an authorised officer ends if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the office ends;

(c)the authorised officer’s resignation under section 148 takes effect.

(2)Subsection (1) does not limit the ways the office of a person as an authorised officer ends.

(3)In this section—

condition of office means a condition under which the authorised officer holds office.

148Resignation

(1)An authorised officer may resign by signed notice given to the commissioner.

(2)However, if holding office as an authorised officer is a condition of the authorised officer holding another office, the authorised officer may not resign as an authorised officer without resigning from the other office.

149Issue of identity card

(1)The commissioner must issue an identity card to each authorised officer.

(2)The identity card must—

(a)contain a recent photo of the authorised officer; and

(b)contain a copy of the authorised officer’s signature; and

(c)identify the person as an authorised officer under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issuing of a single identity card to a person for this Act and other purposes.

150Production or display of identity card

(1)In exercising a power in relation to a person in the person’s presence, an authorised officer must—

(a)produce the authorised officer’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3)For subsection (1), an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 154(1)(b) or (d).

151Return of identity card

If the office of a person as an authorised officer ends, the person must return the person’s identity card to the commissioner within 21 days after the office ends unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

152Reference to exercise of powers

If—

(a)a provision of this chapter refers to the exercise of power by an authorised officer; and

(b)there is no reference to a specific power;

the reference is to the exercise of all or any authorised officers’ powers under this Act or a warrant, to the extent the powers are relevant.

153Reference to document includes reference to reproductions from electronic document

A reference in this chapter to a document includes a reference to an image or writing—

(a)produced from an electronic document; or

(b)not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.

154General power to enter places

(1)An authorised officer may enter a place if—

(a)an occupier of the place consents under division 2 to the entry and section 161 has been complied with for the occupier; or

(b)it is a public place and the entry is made when the place is open to the public; or

(c)the entry is authorised under a warrant and, if there is an occupier of the place, section 169 has been complied with for the occupier; or

(d)it is a place of business and the entry is made when the place is—

(i)open for carrying on activities for which the place is a place of business; or

(ii)otherwise open for entry; or

(e)the entry is authorised under section 155, 156, 157 or 158.

(2)For subsection (1)(d) and (e), entry to a place does not include entry to a part of a place where a person resides.

(3)If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.

(4)If the power to enter is under a warrant, the power is subject to the terms of the warrant.

(5)The consent may provide consent for re-entry and is subject to the conditions of consent.

(6)If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.

(7)In this section—

place of business means either of the following places—

(a)a place used by a control body to conduct activities in relation to managing any of its codes of racing;

(b)a place used by a licence holder to conduct activities for which the licence holder is licensed or otherwise holds the licence, including a place that is an approved place for an offcourse approval held by a racing bookmaker.

155Power to enter place to check action required under animal welfare direction

(1)This section applies if an occupier of a place has been given an animal welfare direction.

(2)An authorised officer may, at reasonable times, enter the place to check whether the occupier has taken or is taking the action required under the direction.

Notes—

1See, however, the restrictions on entry under section 154(2).

2See section 163 for the procedure for entry under this section.

156Power to enter place to ascertain if animal severely injured

(1)This section applies if an authorised officer reasonably suspects—

(a)an animal at the place has just sustained a severe injury; and

(b)the injury is likely to remain untreated, or untreated for an unreasonable period.

(2)The authorised officer may enter the place to ascertain if the animal is severely injured.

Notes—

1See, however, the restrictions on entry under section 154(2).

2See section 163 for the procedure for entry under this section.

157Power to enter place in relation to animal welfare offence

(1)This section applies if an authorised officer reasonably suspects—

(a)there is an imminent risk of death or injury to an animal at a place because of an accident or from an animal welfare offence; or

Examples of imminent risk of death or injury to an animal—

1a dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs

2the beating or torture of an animal at the place

(b)any delay in entering the place will result in the concealment, death or destruction of anything at the place that is—

(i)evidence of an animal welfare offence; or

(ii)being used to commit, continue or repeat, an offence.

(2)The authorised officer may enter the place.

Notes—

1See, however, the restrictions on entry under section 154(2).

2See section 163 for the procedure for entry under this section.

158Limited entry power to provide relief to animal

(1)Subsection (2) applies if—

(a)an authorised officer reasonably suspects—

(i)an animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and

(ii)the person in charge of the animal is not, or is apparently not, present at the place; and

(b)the animal is not at a part of the place at which a person resides, or apparently resides.

(2)The authorised officer may enter and stay at the place while it is reasonably necessary to provide the food or water or to disentangle the animal.

(3)An authorised officer may enter a vehicle if the authorised officer reasonably suspects there is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.

(4)If an authorised officer enters a vehicle under subsection (3), the authorised officer may take reasonable measures to relieve the pain of an animal in the vehicle.

Examples of measures—

feeding, untethering or watering the animal

(5)Before leaving the place or vehicle, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the following—

(a)the authorised officer’s name and business address or telephone number;

(b)the action taken by the authorised officer under subsection (2) or (4);

(c)when the action was taken.

(6)This section does not limit section 154.

159Application of division

This division applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 154(1)(a).

160Incidental entry to ask for access

For the purpose of asking the occupier for the consent, an authorised officer may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.

161Matters authorised officer must tell occupier

Before asking for the consent, the authorised officer must give a reasonable explanation to the occupier—

(a)about the purpose of the entry, including the powers intended to be exercised; and

(b)that the occupier is not required to consent; and

(c)that the consent may be given subject to conditions and may be withdrawn at any time.

162Consent acknowledgement

(1)If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.

(2)The acknowledgement must state—

(a)the purpose of the entry, including the powers to be exercised; and

(b)the following has been explained to the occupier—

(i)the purpose of the entry, including the powers intended to be exercised;

(ii)that the occupier is not required to consent;

(iii)that the consent may be given subject to conditions and may be withdrawn at any time; and

(c)the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and

(d)the time and day the consent was given; and

(e)any conditions of the consent.

(3)If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.

(4)If—

(a)an issue arises in a proceeding about whether the occupier consented to the entry; and

(b)a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

163Entry of place under ss 155, 156 and 157

(1)This section applies to an authorised officer intending to enter a place under section 155, 156 or 157.

(2)The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier of the place and obtain the occupier’s consent to the entry.

Note—

See division 2.

(3)The authorised officer may enter the place if—

(a)the authorised officer is unable to locate an occupier after making a reasonable attempt to do so; or

(b)the occupier refuses to consent to the entry.

(4)If, after the authorised officer enters the place under subsection (3)(a), the officer finds an occupier present at the place, or if the occupier refuses to consent to the entry, the authorised officer must make reasonable attempts to—

(a)produce the authorised officer’s identity card for the occupier’s inspection; and

(b)inform the occupier—

(i)of the reason for entering the place; and

(ii)that the authorised officer is authorised under this Act to enter the place without the permission of the occupier.

Note—

See, however, the restrictions on entry under section 154(2).

(5)If the authorised officer does not find an occupier present at the place, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date and time of the entry and information addressing the matters mentioned in subsection (4)(b).

164Application for warrant

(1)An authorised officer may apply to a magistrate for a warrant for a place.

(2)The authorised officer must prepare a written application that states the grounds on which the warrant is sought.

(3)The written application must be sworn.

(4)The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the written application to be given by statutory declaration.

165Issue of warrant

(1)The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of—

(a)an animal welfare offence; or

(b)another offence against this Act or the Racing Act.

(2)The warrant must state—

(a)the place to which the warrant applies; and

(b)that a stated authorised officer or any authorised officer may with necessary and reasonable help and force—

(i)enter the place and any other place necessary for entry to the place; and

(ii)exercise the authorised officer’s powers; and

(c)particulars of the offence that the magistrate considers appropriate; and

(d)the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and

(e)the evidence that may be seized under the warrant; and

(f)the hours of the day or night when the place may be entered; and

(g)the magistrate’s name; and

(h)the day and time of the warrant’s issue; and

(i)except for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends.

(3)To the extent that the warrant allows for re-entry of the place, it ends on the day stated in the warrant.

166Electronic application

(1)An application under section 164 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the authorised officer’s remote location.

(2)The application—

(a)may not be made before the authorised officer prepares the written application under section 164(2); but

(b)may be made before the written application is sworn.

167Additional procedure if electronic application

(1)For an application made under section 166, the magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—

(a)it was necessary to make the application under section 166; and

(b)the way the application was made under section 166 was appropriate.

(2)After the magistrate issues the original warrant—

(a)if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or

(b)otherwise—

(i)the magistrate must tell the authorised officer the information mentioned in section 165(2); and

(ii)the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 165(2) provided by the magistrate.

(3)The copy of the warrant mentioned in subsection (2)(a), or the form of the warrant completed under subsection (2)(b), (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.

(4)The authorised officer must, at the first reasonable opportunity, send to the magistrate—

(a)the written application complying with section 164(2) and (3); and

(b)if the authorised officer completed a form of warrant under subsection (2)(b)—the completed form of warrant.

(5)The magistrate must keep the original warrant and, on receiving the documents under subsection (4)—

(a)attach the documents to the original warrant; and

(b)give the original warrant and documents to the clerk of the court of the relevant magistrates court.

(6)Despite subsection (3), if—

(a)an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and

(b)the original warrant is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

(7)This section does not limit section 164.

(8)In this section—

relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991.

168Defect in relation to a warrant

(1)A warrant is not invalidated by a defect in—

(a)the warrant; or

(b)compliance with this subdivision;

unless the defect affects the substance of the warrant in a material particular.

(2)In this section—

warrant includes a duplicate warrant mentioned in section 167(3).

169Entry procedure

(1)This section applies if an authorised officer is intending to enter a place under a warrant issued under this division.

(2)Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment;

(b)give the person a copy of the warrant;

(c)tell the person the authorised officer is permitted by the warrant to enter the place;

(d)give the person an opportunity to allow the authorised officer immediate entry to the place without using force.

(3)However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.

(4)In this section—

warrant includes a duplicate warrant mentioned in section 167(3).

170Application of division

This division applies if an authorised officer reasonably suspects, or is aware, that a thing in or on a vehicle may provide evidence of the commission of—

(a)an animal welfare offence; or

(b)another offence against this Act or the Racing Act.

171Power to stop or move

(1)If the vehicle is moving, the authorised officer may, to exercise his or her powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the authorised officer to exercise the powers.

(2)If the vehicle is stopped, the authorised officer may direct the person in control of the vehicle—

(a)not to move it until the authorised officer has exercised the authorised officer’s powers; or

(b)to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised officer to exercise the powers.

(3)When giving the direction under subsection (2), the authorised officer must give the person in control an offence warning for the direction.

172Identification requirements if vehicle moving

(1)This section applies if the authorised officer proposes to give a direction under section 171(1) and the vehicle is moving.

(2)The authorised officer must clearly identify himself or herself as an authorised officer exercising the authorised officer’s powers.

Examples—

1If the authorised officer is in a moving vehicle, he or she may use a loudhailer to identify himself or herself as an authorised officer exercising powers.

2If the authorised officer is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised officer exercising powers.

(3)When the vehicle stops, the authorised officer must—

(a)have with him or her the authorised officer’s identity card; and

(b)immediately produce the identity card for the inspection of the person in control of the vehicle.

(4)Subsection (3) applies despite section 150.

173Failure to comply with direction

(1)The person in control of the vehicle must comply with a direction under section 171 unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a reasonable excuse for the person not to comply with a direction if—

(a)the vehicle was moving and the authorised officer did not comply with section 172; or

(b)to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.

(3)Subsection (2) does not limit subsection (1).

(4)A person does not commit an offence against subsection (1) if—

(a)the direction the person fails to comply with is given under section 171(2); and

(b)the person is not given an offence warning for the direction.

174Application of division

(1)The powers under this division may be exercised if an authorised officer—

(a)enters a place under section 154(1)(a), (c) or (d); or

(b)stops or moves a vehicle under division 1.

(2)However, if the authorised officer enters under section 154(1)(a) or (c), the powers under this division are subject to any conditions of the consent or terms of the warrant.

175General powers

(1)The authorised officer may do any of the following (each a general power)—

(a)search any part of the place;

(b)open, using reasonable force, a bag, cage, container, pen, yard or other structure confining or containing an animal or other thing to examine the structure, animal or other thing;

(c)muster, yard, detain, clip or otherwise deal with an animal at the place;

(d)take reasonable measures to relieve the pain of an animal at the place;

Example of measures—

feeding, untethering or watering an animal

(e)inspect, examine or film any part of the place or anything at the place;

(f)subject to subsection (5), take for examination a thing, or a sample of or from a thing, at the place;

(g)place an identifying mark in or on anything at the place;

(h)take an extract from, or copy, a document at the place, or take the document to another place to copy;

(i)produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;

(j)take to, into or onto the place and use any person, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division;

(k)remain at the place for the time necessary to achieve the purpose of the entry.

(2)The authorised officer may take a necessary step to allow the exercise of a general power.

Example of a step—

moving a licensed animal at the place to allow a sample to be taken from the animal

(3)If the authorised officer takes a document from the place to copy it, the authorised officer must copy the document and return it to the place as soon as practicable.

(4)If the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.

(5)If the authorised officer does not believe that he or she is appropriately qualified to take a thing or sample under subsection (1)(f), the authorised officer must arrange for an appropriately qualified person (a qualified person) to take the sample or thing for the authorised officer.

(6)If the authorised officer or qualified person takes for examination a thing, or a sample of or from a thing, under subsection (1)(f), the authorised officer must—

(a)give a receipt for the thing or sample to the person in charge of the animal or place from which it was taken; and

(b)for a thing or sample with an intrinsic value—at the end of 6 months after the thing or sample was taken, return it to the person who appears to be the owner of it or the person in charge of the animal or place from which it was taken.

Note—

See division 3 for what happens if the sample or thing can not be returned to its owner.

(7)However, if for any reason it is not practicable to comply with subsection (6)(a), the authorised officer must leave the receipt at the place in a conspicuous position and in a reasonably secure way.

(8)The receipt mentioned in subsection (6)(a) must be in the approved form.

(9)In this section—

examine includes analyse, test, account, measure, weigh, grade, gauge and identify.

film includes photograph, videotape and record an image in another way.

inspect, a thing, includes open the thing and examine its contents.

176Power to require reasonable help

(1)The authorised officer may make a requirement (a help requirement) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.

(2)When making the help requirement, the authorised officer must give the person an offence warning for the requirement.

177Offence to contravene help requirement

(1)A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a reasonable excuse for an individual to fail to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.

Note—

See also section 210.

s 177 amd 2022 No. 24 s 13

178Seizing evidence at a place that may be entered without consent or warrant

An authorised officer who enters a place the authorised officer may enter under this Act without the consent of an occupier of the place and without a warrant may seize a thing at the place if the authorised officer reasonably believes the thing is evidence of—

(a)an animal welfare offence; or

(b)another offence against this Act or the Racing Act.

179Seizing evidence at a place that may be entered only with consent or warrant

(1)This section applies if—

(a)an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and

(b)the authorised officer enters the place after obtaining the consent or under a warrant.

(2)If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if—

(a)the authorised officer reasonably believes the thing is evidence of—

(i)an animal welfare offence; or

(ii)another offence against this Act or the Racing Act; and

(b)seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.

(3)If the authorised officer enters the place under a warrant, the authorised officer may seize the evidence for which the warrant was issued.

(4)The authorised officer may also seize anything else at the place if the authorised officer reasonably believes—

(a)the thing is evidence of—

(i)an animal welfare offence; or

(ii)another offence against this Act or the Racing Act; and

(b)the seizure is necessary to prevent the thing being hidden, lost or destroyed.

(5)The authorised officer may also seize a thing at the place if the authorised officer reasonably believes it has just been used in committing—

(a)an animal welfare offence; or

(b)another offence against this Act or the Racing Act.

180Seizure of property subject to security

(1)An authorised officer may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.

(2)However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person acting under the direction or authority of the authorised officer.

181Power to secure seized thing

(1)Having seized a thing under this division, an authorised officer may—

(a)leave it at the place where it was seized (the place of seizure) and take reasonable action to restrict access to it; or

(b)move it from the place of seizure.

(2)For subsection (1)(a), the authorised officer may, for example—

(a)seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or

(b)for equipment—make it inoperable; or

Example—

make it inoperable by dismantling it or removing a component without which the equipment can not be used

(c)require a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1)(a).

182Offence to contravene seizure requirement

A person must comply with a requirement made of the person under section 181(2)(c) unless the person has a reasonable excuse.

Maximum penalty—300 penalty units.

183Offence to interfere

(1)If access to a seized thing is restricted under section 181, a person must not tamper with the thing or with anything used to restrict access to the thing without—

(a)an authorised officer’s approval; or

(b)a reasonable excuse.

Maximum penalty—400 penalty units.

(2)If access to a place is restricted under section 181, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—

(a)an authorised officer’s approval; or

(b)a reasonable excuse.

Maximum penalty—400 penalty units.

184Receipt and information notice for seized thing

(1)This section applies if an authorised officer seizes anything under this division unless—

(a)the authorised officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or

(b)because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.

(2)The authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—

(a)a receipt for the thing that generally describes the thing and its condition; and

(b)an information notice about the decision to seize it.

(3)However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.

(4)The receipt and information notice may—

(a)be given in the same document; and

(b)relate to more than 1 seized thing.

(5)The authorised officer may delay giving the receipt and information notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this Act or the Racing Act.

(6)However, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.

185Access to seized thing

(1)Until a seized thing is forfeited or returned, the authorised officer who seized the thing must allow an owner of the thing—

(a)to inspect it at any reasonable time and from time to time; and

(b)if it is a document—to copy it.

(2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.

(3)The inspection or copying must be allowed free of charge.

186Return of seized thing

(1)This section applies if a seized thing is not—

(a)forfeited or transferred under subdivision 4 or 5; or

(b)subject to a disposal order under division 4.

(2)As soon as the commissioner stops being satisfied there are reasonable grounds for retaining the thing, the commissioner must return it to its owner.

(3)If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the commissioner for its return.

(4)Within 30 days after receiving the application, the commissioner must—

(a)if the commissioner is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice about the decision, including the grounds for retaining the thing; or

(b)otherwise—return the thing to the owner.

(5)For this section, there are reasonable grounds for retaining a seized thing if—

(a)the thing is being, or is likely to be, examined; or

(b)the thing is needed, or may be needed, for the purposes of—

(i)a proceeding for an animal welfare offence, or another offence against this Act or the Racing Act, that is likely to be started or that has been started but not completed; or

(ii)an appeal from a decision in a proceeding for an animal welfare offence or another offence against this Act or the Racing Act; or

(c)it is not unlawful for the owner to possess the thing.

(6)Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.

(7)Nothing in this section affects a lien or other security over the seized thing.

(8)In this section—

examine includes analyse, test, account, measure, weigh, grade, gauge and identify.

187Forfeiture by commissioner decision

(1)The commissioner may decide a seized thing is forfeited to the State if an authorised officer—

(a)after making reasonable inquiries, can not find an owner; or

(b)after making reasonable efforts, can not return it to an owner; or

(c)reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.

(2)However, the authorised officer is not required to—

(a)make inquiries if it would be unreasonable to make inquiries to find an owner; or

(b)make efforts if it would be unreasonable to make efforts to return the thing to an owner.

Example for paragraph (b)—

the owner of the thing has migrated to another country

(3)Regard must be had to the thing’s condition, nature and value in deciding—

(a)whether it is reasonable to make inquiries or efforts; and

(b)if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.

188Information notice about forfeiture decision

(1)If the commissioner decides under section 187(1) to forfeit a thing, the commissioner must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner) an information notice about the decision.

(2)If the decision was made under section 187(1)(a) or (b), the information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.

(3)The information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.

(4)However, subsections (1) to (3) do not apply if—

(a)the decision was made under section 187(1)(a) or (b); and

(b)the place where the thing was seized is—

(i)a public place; or

(ii)a place where the notice is unlikely to be read by the former owner.

189When thing becomes property of the State

A thing becomes the property of the State if—

(a)the thing is forfeited to the State under section 187(1); or

(b)the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.

190How property may be dealt with

(1)This section applies if, under section 189, a thing becomes the property of the State.

(2)The commissioner may deal with the thing as the commissioner considers appropriate, including, for example, by destroying it or giving it away.

(3)The commissioner must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this Act.

(4)If the commissioner sells the thing, the commissioner may, after deducting the following costs, return the proceeds of the sale to the former owner of the thing—

(a)the costs of the sale;

(b)any costs the commission may recover from a person under section 237.

(5)This section is subject to any disposal order made for the thing.

191Disposal order

(1)This section applies if a person is convicted of an animal welfare offence or another offence against this Act or the Racing Act.

(2)The court may make an order (a disposal order), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—

(a)anything that was the subject of, or used to commit, the offence;

(b)another thing the court considers is likely to be used by the person or another person in committing a further animal welfare offence or another further offence against this Act or the Racing Act.

(3)The court may make a disposal order for a thing—

(a)whether or not it has been seized under this Act; and

(b)if the thing has been seized—whether or not it has been returned to the former owner.

(4)In deciding whether to make a disposal order for a thing, the court—

(a)may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and

(b)must hear any submissions that any person claiming to have any property in the thing may wish to make.

(5)The court may make any order to enforce the disposal order that it considers appropriate.

(6)This section does not limit the court’s powers under another law.

192Application of division

(1)This division applies if an authorised officer reasonably believes—

(a)a person has committed, is committing, or is about to commit, an animal welfare offence; or

(b)an animal—

(i)is not being cared for properly; or

(ii)is experiencing undue pain; or

(iii)requires veterinary treatment; or

(iv)should not be used for work.

(2)This division also applies if an animal has been seized under division 3, subdivision 1.

(3)In this section—

veterinary treatment, of an animal, means—

(a)consultation by a person with a veterinary surgeon about the animal’s condition; or

(b)performance by a veterinary surgeon of a medical or surgical procedure on the animal; or

(c)performance by someone other than a veterinary surgeon of a medical procedure of a curative or preventive nature on the animal if the procedure is to be performed under a veterinary surgeon’s directions.

193Power to give animal welfare direction

(1)The authorised officer may give a written direction (an animal welfare direction) requiring stated action about the animal or its environment.

(2)The direction may be given to—

(a)a person in charge of the animal; or

(b)a person whom the authorised officer reasonably believes is in charge of the animal; or

(c)if the animal has been seized under division 3, subdivision 1—

(i)a person who, immediately before the seizure, was a person in charge of the animal; or

(ii)a person whom the authorised officer reasonably believes was, immediately before the seizure, a person in charge of the animal.

(3)Without limiting subsection (1), the direction may require any of the following actions to be taken—

(a)care for, or treat, the animal in stated way;

(b)provide the animal with stated accommodation, food, rest, water or other living conditions;

(c)consult a veterinary surgeon about the animal’s condition before a stated time;

(d)move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a), (b) or (c);

(e)not to move the animal from the place where it is situated when the direction is given.

(4)However, action may be required only if the authorised officer considers it to be necessary and reasonable in the interests of the animal’s welfare.

(5)The direction may state how the person given the direction may show that the stated action has been taken.

194Requirements for giving animal welfare direction

(1)An animal welfare direction must—

(a)be in the approved form; and

(b)describe—

(i)the animal in a way that reasonably allows the person given the direction to identify it; or

(ii)if the direction is given because the authorised officer reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and

(c)state—

(i)each requirement; and

(ii)a time for the person to comply with each requirement; and

(d)include an information notice about the decision to give the direction.

(2)Despite subsection (1)(a), an animal welfare direction may be given orally if—

(a)the authorised officer considers it to be in the interests of the animal’s welfare to give the direction immediately; and

(b)for any reason it is not practicable to immediately give the direction in the approved form; and

(c)the authorised officer gives the person an offence warning.

(3)If the direction is given orally, the authorised officer must confirm the direction by also giving it in the approved form as soon as practicable after giving it orally.

(4)An animal welfare direction may state that an authorised officer proposes, at a stated time or at stated intervals, to enter the following where an animal the subject of the direction is kept at to check compliance with the direction—

(a)a vehicle of which the person is the person in control;

(b)another place of which the person is the occupier.

195Failure to comply with animal welfare direction

A person to whom an animal welfare direction has been given must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—100 penalty units or 1 year’s imprisonment.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 263, to have also committed the offence.

196Power of destruction

An authorised officer may destroy an animal, or cause it to be destroyed, if—

(a)an authorised officer has seized the animal under this part or the person in charge of the animal has given written consent to the destruction; and

(b)the authorised officer reasonably believes that the animal is in pain to the extent that it is cruel to keep it alive.

197Power to require name and address

(1)This section applies if an authorised officer—

(a)finds a person committing—

(i)an animal welfare offence; or

(ii)another offence against this Act or the Racing Act; or

(b)finds a person in circumstances that lead the authorised officer to reasonably suspect the person has just committed—

(i)an animal welfare offence; or

(ii)another offence against this Act or the Racing Act; or

(c)has information that leads the authorised officer to reasonably suspect a person has just committed—

(i)an animal welfare offence; or

(ii)another offence against this Act or the Racing Act.

(2)The authorised officer may require the person to state the person’s name and address.

(3)The authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—

(a)be in possession of evidence of the correctness of the stated name or address; or

(b)otherwise be able to give the evidence.

(4)When making a personal details requirement, the authorised officer must give the person an offence warning for the requirement.

(5)A requirement under this section is a personal details requirement.

(6)In this section—

address, of a person, includes the person’s residential and business address and, for a person temporarily in Queensland, includes the place where the person is living in Queensland.

198Offence to contravene personal details requirement

(1)A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.

199Power to require production of document

(1)An authorised officer may require a person to make available for inspection by an authorised officer, or to produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer—

(a)a document issued to the person under this Act or the Racing Act; or

(b)a document required to be kept by the person under this Act or the Racing Act; or

(c)if a document or information required to be kept by the person under this Act or the Racing Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.

(2)A requirement under subsection (1) is a document production requirement.

(3)For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.

(4)The authorised officer may keep the document to copy it.

(5)If the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.

(6)A requirement under subsection (5) is a document certification requirement.

(7)The authorised officer must return the document to the person as soon as practicable after copying it.

(8)However, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement.

200Offence to contravene document production requirement

(1)A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.

Note—

See also section 210.

s 200 amd 2022 No. 24 s 14

201Offence to contravene document certification requirement

(1)A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.

Note—

See also section 210.

s 201 amd 2022 No. 24 s 15

202Power to require information

(1)This section applies if an authorised officer reasonably believes—

(a)an animal welfare offence, or another offence against this Act or the Racing Act, has been committed; and

(b)a person may be able to give information about the offence.

(2)The authorised officer may, by notice given to the person, require the person to give the authorised officer information related to the offence at a stated reasonable time and place.

(3)For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.

(4)In this section—

information includes a document.

203Offence to contravene information requirement

(1)A person of whom a requirement is made under section 202(2) must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.

204Duty to avoid inconvenience and minimise damage

In exercising a power, an authorised officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.

Note—

See also section 206.

205Notice of damage

(1)This section applies if—

(a)an authorised officer damages something when exercising, or purporting to exercise, a power; or

(b)a person (the assistant) acting under the direction or authority of an authorised officer damages something.

(2)However, this section does not apply to damage the authorised officer reasonably considers is trivial or if the authorised officer reasonably believes—

(a)there is no-one apparently in possession of the thing; or

(b)the thing has been abandoned.

(3)The authorised officer must give notice of the damage to the person who appears to the authorised officer to be an owner, or person in control, of the thing.

(4)However, if for any reason it is not practicable to comply with subsection (3), the authorised officer must—

(a)leave the notice at the place where the damage happened; and

(b)ensure it is left in a conspicuous position and in a reasonably secure way.

(5)The authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised officer’s functions.

(6)The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.

(7)If the authorised officer believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the notice.

(8)The notice must state—

(a)particulars of the damage; and

(b)that the person who suffered the damage may claim compensation under section 206.

206Compensation

(1)A person may claim compensation from the commission if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised officer including a loss arising from compliance with a requirement made of the person under this chapter.

(2)However, subsection (1) does not include loss arising from a lawful forfeiture.

(3)Section 204 does not provide for a statutory right of compensation other than is provided by this section.

(4)In this section—

loss includes costs and damage.

207Giving authorised officer false or misleading information

(1)A person must not give an authorised officer information the person knows is false or misleading in a material particular.

Maximum penalty—300 penalty units.

(2)Subsection (1) applies to information given whether or not the information was given in response to a specific power under this Act.

(3)Subsection (1) does not apply to a person if the person, when giving information in a document—

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

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

208Obstructing authorised officer

(1)A person must not obstruct an authorised officer exercising a power, or someone helping an authorised officer exercising a power, unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

(2)If a person has obstructed an authorised officer, or someone helping an authorised officer, and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—

(a)it is an offence to cause an obstruction unless the person has a reasonable excuse; and

(b)the authorised officer considers the person’s conduct an obstruction.

(3)In this section—

obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.

power means a power under this Act.

209Impersonating authorised officer

A person must not impersonate an authorised officer.

Maximum penalty—250 penalty units.

210Evidential immunity for individuals complying with particular requirements

(1)Subsection (2) applies if an individual gives or produces information or a document to an authorised officer under section 177, 200 or 201.

(2)Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.

s 210 amd 2022 No. 24 s 16

ch 5A hdg ins 2022 No. 35 s 48

210AReporting requirement for supplier of horses to livestock slaughter facilities

A person (a supplier) who supplies a horse to a livestock slaughter facility must give the following information about the supply to the owner of the facility—

(a)if the horse has a brand—a photograph or drawing of the brand;

(b)the horse’s microchip number;

(c)the supplier’s contact details;

(d)the day the supplier took possession of the horse;

(e)the contact details of the person who transported the horse to the facility.

Maximum penalty—200 penalty units.

s 210A ins 2022 No. 35 s 48

210BRecords to be kept by owner of livestock slaughter facility

(1)The owner of a livestock slaughter facility must, unless the owner has a reasonable excuse, keep a record of the following information about each horse that arrives at the facility—

(a)the day the horse arrives;

(b)the horse’s microchip number;

(c)the information provided to the owner in relation to the supply of the horse under section 210A;

(d)other information prescribed by regulation.

Maximum penalty—200 penalty units.

(2)The owner must keep the information recorded under subsection (1) about each horse for at least 2 years after the day on which the horse arrives at the facility.

Maximum penalty—200 penalty units.

s 210B ins 2022 No. 35 s 48

210CReporting obligation of owner of livestock slaughter facility

(1)The owner of a livestock slaughter facility must—

(a)for each month that a horse arrives at the facility, prepare a report that includes the following information—

(i)the number of horses that arrived at the facility during that month;

(ii)other information prescribed by regulation; and

(b)give the commission a copy of the report no later than 5 days after the end of the month to which the report relates.

Maximum penalty—300 penalty units.

(2)For subsection (1)(a), the report must be prepared in the approved form.

s 210C ins 2022 No. 35 s 48

211Definitions for division

In this division—

Act document means—

(a)an approval, licence, identity card or other authority given under this Act; or

(b)a document issued by or for a racing bookmaker evidencing a bet made with the racing bookmaker.

background document means—

(a)an approved form, completed by a person about the person’s business reputation, character, criminal history, current financial position or financial background; or

(b)a document accompanying an application for a licence, approval application or approved form; or

(c)another document obtained by the chief executive or the commission, relating to the person’s business reputation, character, criminal history, current financial position or financial background.

s 211 def background document amd 2022 No. 24 s 17

confidential information, about a person, means information about—

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

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

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

s 211 def confidential information amd 2016 No. 62 s 356 (2)

repealed section means section 88(2), 96(4) or 97(4) as in force before the commencement.

s 211 def repealed section ins 2016 No. 62 s 356 (1)

212Offence 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, unless the information or background information is criminal intelligence; 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.

(5)In this section—

copy includes make a record.

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

s 212 amd 2016 No. 62 s 357

213Forgery and uttering Act documents

(1)A person must not—

(a)forge an Act document; or

(b)knowingly utter an Act document that is forged.

Maximum penalty—200 penalty units or 2 years imprisonment.

(2)A person must not pretend to be a person named in an Act document, whether or not the person refers to the document.

Examples for subsection (2)—

1If a person steals an authorised officer’s identity card, the person must not pretend to be the authorised officer identified in the card.

2A person must not pretend to be an authorised officer by telling someone else that the person is an authorised officer.

Maximum penalty—200 penalty units or 2 years imprisonment.

(3)In this section—

forge includes counterfeit.

214Making 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, the commission or another person, under this Act.

Maximum penalty—200 penalty units or 2 years imprisonment.

215Person must not conduct a racing contingency

(1)A person must not conduct a racing contingency.

Maximum penalty—200 penalty units.

(2)An occupier of a place must not allow a person to conduct a racing contingency at the place.

Maximum penalty—200 penalty units.

(3)In this section—

conduct, in relation to a racing contingency, includes—

(a)to arrange for a place to be used for the racing contingency; and

(b)to advertise or otherwise promote the racing contingency and seek nominations for animals to race; and

(c)to arrange for persons to carry on bookmaking at the racing contingency; and

(d)to participate in the racing contingency other than merely by being present at the place where the racing contingency is being, or is about to be, held; and

(e)to help in any of the activities mentioned in paragraphs (a) to (d).

racing contingency means a contest, contingency or event, other than a lawfully held race meeting, in which 2 or more animals compete against each other for the purpose of providing a contest, contingency or event on which bets are made.

216Definitions for division

In this division—

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

(a)inflict or cause injury to the licensed animal, licence holder or official; or

(b)threaten to inflict or cause injury to the licensed animal, licence holder or official; or

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

prohibited thing means any of the following—

(a)a drug;

(b)a noxious or toxic thing that could be used to affect the behaviour, performance or physical condition of an animal or person;

(c)a thing that does, or is designed to do, any of the following and may be used on a licensed animal in a detrimental way—

(i)supply electrical energy or another form of energy;

(ii)conduct, discharge or store an electrical charge, current, voltage or another form of energy;

(iii)apply, deposit, propel or spray a substance;

(d)a hypodermic syringe or needle or other medical or veterinary instrument.

use, a prohibited thing on a licensed animal, means—

(a)to use it on, or administer it to, the animal; or

(b)to cause it to be used on, or administered to, the animal.

217Person must not possess prohibited thing at particular places

(1)A person must not possess a prohibited thing at any of the following places unless the person has a reasonable excuse—

(a)a licensed venue;

(b)a place where a trial is held or to be held;

(c)a place used for the purpose of training a licensed animal;

(d)a kennel, stable or other place used for sheltering a licensed animal;

(e)in or about a vehicle being, or about to be, used to transport a licensed animal;

(f)another place where a licensed animal is located.

Maximum penalty—400 penalty units or 2 years imprisonment.

(2)In this section—

possess, a prohibited thing, means—

(a)have custody of the thing; or

(b)have control of it at any place, whether or not someone else has custody of it.

218Person must not use prohibited thing on, or interfere with, a licensed animal

(1)A person must not, unless the person has a reasonable excuse—

(a)use a prohibited thing on a licensed animal; or

(b)interfere with a licensed animal.

Maximum penalty—600 penalty units or 2 years imprisonment.

(2)For a veterinary surgeon, it is a reasonable excuse to use a prohibited thing on, or interfere with, a licensed animal—

(a)to treat a condition or injury of the animal; or

(b)to do something else that accords with normal veterinary practice.

219Person must not interfere with licence holder or official of the commission

(1)A person must not, unless the person has a reasonable excuse, interfere with a licence holder in relation to the licence holder’s performance of an activity for which the licence holder is licensed.

Maximum penalty—400 penalty units or 2 years imprisonment.

(2)A person must not, unless the person has a reasonable excuse, interfere with an official of the commission performing a function or exercising a power under this Act.

Maximum penalty—400 penalty units or 2 years imprisonment.

220Application of division

(1)This division does not apply in relation to—

(a)wagering lawfully conducted under the Wagering Act 1998; or

(b)betting by and with any 1 of the following persons as part of the person lawfully carrying on bookmaking, or conducting a racing bookmaker’s business, at a licensed venue—

(i)a racing bookmaker;

(ii)if a racing bookmaker is a corporation—a licensed executive officer of the corporation;

(iii)a racing bookmaker’s clerk.

(2)This division is in addition to, and does not limit, any of the following Acts—

(a)the Charitable and Non-Profit Gaming Act 1999;

(b)the Criminal Code;

(c)the Wagering Act 1998.

221Unlawful bookmaking other than by racing bookmakers etc.

A person must not carry on bookmaking unless the person is 1 of the following and lawfully carrying on bookmaking under the relevant racing bookmaker’s licence—

(a)a racing bookmaker;

(b)if a racing bookmaker is a corporation—a licensed executive officer of the corporation;

(c)a racing bookmaker’s clerk who carries on bookmaking as part of conducting the racing bookmaker’s business.

222Illegal betting place

(1)Subject to subsection (2), a place is an illegal betting place if the place is opened, kept or used, wholly or partly, for 1 or more of the following—

(a)bookmaking by the occupier of the place with someone else;

(b)receiving money or other property by or for the occupier of the place as or for consideration for—

(i)any assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency; or

(ii)securing the paying or giving by someone else of money or other property in relation to a race or sporting contingency;

(c)the payment or settlement of a bet made in relation to a race or sporting contingency.

(2)A place is not an illegal betting place for an activity mentioned in subsection (1) if—

(a)the place is a licensed venue and the activity takes place when—

(i)a control body for a race meeting held at the venue is managing the venue; and

(ii)the commission is exercising control at the venue; or

(b)the place may be lawfully used under another Act for the activity.

(3)This section does not limit section 140.

223Prohibition on opening, keeping, using or promoting an illegal betting place

(1)A person must not—

(a)open, keep or use an illegal betting place; or

(b)allow a place, of which the person is the occupier, to be opened, kept or used as an illegal betting place, whether the occupier is or is not present at the time the place is opened, kept or used as an illegal betting place; or

(c)help, in any way, in operating an illegal betting place; or

Example for paragraph (c)—

A person, or an occupier of a place, may invite someone else to use a service or facility at the illegal betting place.

(d)advertise by any means, including electronically, that a place is opened, kept or used, wholly or partly for betting on a race or sporting contingency in Queensland or elsewhere, if that place is an illegal betting place.

(2)Subsection (3) applies to each of the following persons—

(a)a person who is an occupier of an illegal betting place;

(b)a person who is acting for an occupier of an illegal betting place;

(c)a person who is in any way helping in operating an illegal betting place.

(3)The person must not, directly or indirectly, receive money or other property—

(a)as a bet on a race or sporting contingency; or

(b)as a deposit on a bet on condition of paying or giving money or other property in relation to a race or sporting contingency; or

(c)as or for consideration for an assurance, undertaking, promise or agreement, express or implied, to pay or give money or other property in relation to a race or sporting contingency.

(4)A person must not give an acknowledgement on the receipt of money or other property, received in a way and for a purpose specified in subsection (3), purporting or intended to entitle the bearer or another person to receive money or other property in relation to a race or sporting contingency.

224Contravention of s 221 or 223

(1)This section applies to a person who contravenes section 221 or 223 (a relevant section).

(2)The person is liable to—

(a)for a first offence—a maximum penalty of 600 penalty units or 1 year’s imprisonment; or

(b)for a second offence—a maximum penalty of 1,200 penalty units or 2 years imprisonment; or

(c)for a third or subsequent offence—a maximum penalty of 4,000 penalty units or 5 years imprisonment.

(3)A person is liable for the penalty under this section—

(a)for a second offence—if the person has been convicted of a single offence against a relevant section or a repealed provision; or

(b)for a third or subsequent offence—if the person has been convicted of 2 or more offences against a relevant section or a repealed provision.

(4)In this section—

repealed provision means—

(a)the Racing Act, repealed section 321 or 323; or

(b)the repealed Racing and Betting Act 1980, section 214, 216 or 217.

225Using an illegal betting place

A person must not in any way use a service or facility at an illegal betting place, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

226Prohibition of betting at public place

A person must not bet at a public place unless the betting is lawfully conducted under this Act or another Act.

Maximum penalty—100 penalty units.

ch 6 pt 1 div 5 hdg sub 2022 No. 24 s 29 sch 1 pt 1

227Attempt to commit offence

(1)A person who attempts to commit an animal welfare offence or an offence against this Act commits an offence and, on conviction, is liable to the same penalty as if the person had committed the offence.

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

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

Note—

See also the Racing Act, section 154.

s 227 amd 2002 No. 58 s 170 sch 2

228Application of division

This division applies to a proceeding under this Act.

229Appointments and authority

The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—

(a)the appointment of the commissioner, a deputy commissioner or an authorised officer;

(b)the power of the chief executive or a person mentioned in paragraph (a) to do anything under this Act.

230Evidentiary aids

(1)A certificate purporting to be signed by the chief executive or the commissioner stating any of the following matters is evidence of the matter—

(a)a stated document is a decision, direction or notice under this Act;

(b)a stated thing is a thing that must or may be included in a register kept under this Act;

(c)that a stated document is a document kept under this Act;

(d)that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b);

(e)that on a stated day—

(i)a stated person was given a stated decision, direction or notice under this Act; or

(ii)a stated person was the holder of a stated licence or approval; or

(iii)a stated direction or requirement under this Act was given to or made of a stated person.

(2)A document purporting to be signed by a steward who was in charge of a race meeting held by a licensed club and stating any of the following matters is evidence of the matter—

(a)on a stated day, or at a stated place, a race meeting was held or allotted to be held by the club;

(b)a stated animal competed in, or had been entered to compete in, a race at the race meeting;

(c)the times when, under a direction given by the steward, betting with racing bookmakers could take place at the race meeting.

231Other evidentiary provisions

(1)In support of an allegation in a complaint or indictment about either of the following relating to a place, until the contrary is proved, it is sufficient to prove a bet was made or settled with, or paid to, a person at that place—

(a)that the place stated in the complaint or indictment is an illegal betting place;

(b)that a person is conducting bookmaking at the place stated in the complaint or indictment.

(2)A statement in a complaint or indictment of 1 or more of the following matters is evidence, for this Act, of the matter or matters—

(a)a place was a public place at a stated time;

(b)a particular person was, at a stated time, an occupier of a stated place;

(c)a particular person was, at a stated time, a member of or holder of an office in the committee of a stated licensed club or other stated association;

(d)on a stated day a race meeting was held, or allotted to be held, at a stated place;

(e)an animal known by a stated name competed in, or had been entered to compete in, a race meeting on a stated day.

(3)A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.

s 231 amd 2022 No. 24 s 18

232Types of offences

(1)Subject to subsection (2), an offence against this Act is a simple offence.

(2)An offence against section 221 or 223 is an indictable offence that is a misdemeanour.

233Proceedings for indictable offences

(1)A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—

(a)by way of summary proceeding under the Justices Act 1886; or

(b)on indictment.

(2)A magistrate must not hear an indictable offence summarily if—

(a)the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or

(b)the magistrate believes the charge should be prosecuted on indictment.

(3)If subsection (2) applies—

(a)the magistrate must proceed by way of an examination of witnesses for an indictable offence; and

(b)any plea of the person charged, made at the start of the proceeding, must be disregarded; and

(c)any evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and

(d)before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886, section 104(2)(b).

234Limitation on who may summarily hear indictable offence

(1)The proceeding must be before a magistrate if it is a proceeding—

(a)for the summary conviction of a person on a charge for an indictable offence; or

(b)for an examination of witnesses for a charge for an indictable offence.

(2)However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991.

235Proceedings for simple offences

A proceeding for a simple offence against this Act by way of summary proceeding under the Justices Act 1886 must start within the later of the following—

(a)within 1 year after the offence is committed;

(b)within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.

236When convictions for offences not receivable in evidence

A conviction for an offence against this Act, the Racing Act or the repealed Racing and Betting Act 1980 is not, after 10 years from the date of the conviction, receivable in evidence against a person for the purpose of subjecting the person to an increased penalty or to a forfeiture under this Act.

237Recovery of seizure, compliance or destruction costs

(1)This section applies if the commission has incurred a cost for an authorised officer to do 1 or more of the following acts in relation to an animal—

(a)if the animal has, under chapter 5, part 3, division 3 been seized—

(i)taking possession of, or moving, the animal; or

(ii)taking action to restrict access to the animal; or

(iii)providing the animal with accommodation, food, rest, water or other living conditions; or

(iv)arranging for the animal to receive veterinary or other treatment;

(b)if an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with;

(c)if the animal has been destroyed under section 196—destroying it.

(2)The commission may recover the cost from the animal’s owner or former owner if incurring the cost was necessary and reasonable—

(a)in the interests of the animal’s welfare or to destroy it; or

(b)if the animal has been destroyed under section 196—for the destruction.

(3)However, if a cost mentioned in subsection (1)(a)(iii) or (iv) was for a period during which the animal was retained on the grounds mentioned in section 186(5)(b), it may be recovered only if the animal’s retention was reasonably required as evidence.

238Compensation because of animal welfare offence

(1)A court may order a person convicted of an animal welfare offence to—

(a)pay compensation to a person who, because of the commission of the offence, has—

(i)suffered damage or loss to property; or

(ii)incurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or

(b)pay a person an amount for costs incurred by the person in—

(i)taking possession of, or moving, the animal; or

(ii)providing it with accommodation, food, rest, water or other living conditions; or

(iii)arranging for it to receive veterinary or other treatment.

(2)However, an order under subsection (1) can not be made in favour of the commission.

239General provisions for orders about compensation or costs

(1)Compensation or costs that may be recovered under section 206 or this division may be claimed and ordered in a proceeding—

(a)brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b)for an alleged animal welfare offence, or another alleged offence against this Act or the Racing Act, the investigation of which gave rise to the claim for compensation.

(2)A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.

(3)In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.

(4)A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.

ch 6 pt 3 hdg (prev ch 6 pt 2 div 4 hdg) amd 2022 No. 24 s 29 sch 1 pt 2

renum 2022 No. 24 s 29 sch 1 pt 2

ch 6 pt 3 div 1 hdg (prev ch 6 pt 2 div 4 hdg) renum 2022 No. 24 s 29 sch 1 pt 2

240What is an original decision

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

(a)refuse to grant or renew a licence;

(b)take disciplinary action relating to a licence;

(c)censure the holder of a licence;

(d)take an exclusion action against a person;

(e)impose a monetary penalty on a person;

(f)impose any other non-monetary penalty on a person;

(g)seize, under this Act or a warrant, an animal or other thing, unless the seizure was in a circumstance mentioned in section 184(1)(a) or (b);

(h)forfeit, under section 187(1), an animal or other thing;

(i)give an animal welfare direction;

(j)another decision prescribed by regulation.

(2)However, the following decisions are not original decisions—

(a)a decision relating to the eligibility of an animal to race or the conditions under which an animal can race;

Example—

the commission’s decision requiring an animal to pass a stated examination or test before being allowed to race

(b)a decision cancelling or suspending a licence for an animal, unless the cancellation or suspension relates to—

(i)a decision to take disciplinary action relating to the licence of a licence holder; or

(ii)a decision to take an exclusion action, under the control body’s rules of racing, against a person;

(c)a decision about a protest or objection against placed animals relating to an incident that happened during a race or trial;

(d)a decision relating to a dispute between a racing bookmaker and a person who placed a bet with the bookmaker for a race;

(e)a decision to stop, restart, rerun, postpone or abandon a race;

(f)another decision that is—

(i)a racing decision of a steward reviewable under part 4, division 2; or

(ii)a decision of the Racing Appeals Panel.

(3)In this section—

exclusion action, relating to a person, see the Racing Act, schedule 1.

s 240 amd 2022 No. 24 s 23

241Who is an interested person for an original decision

An interested person for an original decision is—

(a)if the original decision is a decision to seize or forfeit an animal or other thing—

(i)a person who has been given, or is entitled to be given, an information notice about the decision; and

(ii)if the decision relates to an animal—the person in charge of the animal; or

(b)if the original decision is a decision other than to seize or forfeit an animal or other thing—

(i)for a decision about the grant or refusal of a licence—the applicant for the licence; or

(ii)for a decision to give an animal welfare direction—

(A)a person who has been given, or is entitled to be given, an information notice about the decision; and

(B)the person in charge of the animal the subject of the animal welfare direction; or

(iii)for a decision prescribed by regulation—the person prescribed by regulation for the decision; or

(iv)otherwise—the licence holder adversely affected by the original decision.

ch 6 pt 3 div 2 hdg (prev ch 6 pt 2 div 4 hdg) renum 2022 No. 24 s 29 sch 1 pt 2

242Review starts with internal review

A person may not apply for a review of, or an appeal against, an original decision unless there has been an internal review of the decision.

243Applying for internal review of original decision

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

(2)The application must—

(a)be in the approved form; and

(b)include enough information to enable the commission to decide the application; and

(c)be made to the commission within 14 days after—

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

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

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

244Staying operation of original decision on internal review

(1)The application for an internal review does not stay the original decision.

(2)However, the applicant may immediately apply for a stay of the original decision to the relevant body.

(3)The relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or external review by QCAT.

(4)The relevant body may stay the operation of the internal review decision on conditions the relevant body considers appropriate.

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

(6)The period of the stay must not extend past the time when the commission makes an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.

(7)An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.

(8)In this section—

relevant body means—

(a)for an original decision to seize or forfeit an animal or other thing—the court; or

(b)for another original decision—QCAT.

245Reviewing original decision

(1)The commission must, within 20 business days after receiving an application for internal review of an original decision—

(a)review the original decision; and

(b)make a decision (the internal review decision) to—

(i)confirm the original decision; or

(ii)amend the original decision; or

(iii)substitute another decision for the original decision; and

(c)give the applicant a notice (the review notice) advising of the internal review decision.

(2)The application may be dealt with only by a person who—

(a)did not make the original decision; and

(b)holds a more senior office than the person who made the original decision.

(3)Subsection (2)—

(a)applies despite the Acts Interpretation Act 1954, section 27A; and

(b)does not apply to an original decision made personally by the commissioner.

(4)If the internal review decision confirms the original decision, the original decision is taken to be the internal review decision.

(5)If the internal review decision amends the original decision, the original decision as amended is taken to be the internal review decision.

(6)If the internal review decision is not the decision sought by the applicant and the original decision is a decision other than to seize or forfeit an animal or other thing, the review notice must comply with the QCAT Act, section 157(2).

(7)If the internal review decision is not the decision sought by the applicant and the original decision is a decision to seize or forfeit an animal or other thing, the review notice must state the following information—

(a)the day the notice is given to the applicant;

(b)the decision;

(c)the reasons for the decision;

(d)the applicant has a right to appeal to the court against the decision;

(e)how, and the period within which, the applicant may appeal against the decision;

(f)how the applicant may apply to the court for a stay of the operation of the decision.

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

ch 6 pt 3 div 3 hdg (prev ch 6 pt 2 div 4 hdg) renum 2022 No. 24 s 29 sch 1 pt 2

246Applying for external review

(1)This section applies to a person who, under section 245(6), must be given a review notice complying with the QCAT Act, section 157(2) for an internal review decision.

(2)The person may apply to QCAT, as provided under the QCAT Act, for a review of the internal review decision.

Note—

The QCAT Act, section 22(3) states that QCAT may stay the operation of the internal review decision, either on application by a person or on its own initiative.

ch 6 pt 3 div 4 hdg (prev ch 6 pt 2 div 4 hdg) renum 2022 No. 24 s 29 sch 1 pt 2

247Appealing internal review decision

(1)If an interested person has applied for an internal review of an original decision that is a decision to seize or forfeit an animal or other thing, any interested person for the original decision may appeal to the court against the internal review decision by filing a notice of appeal with the registrar of the court.

(2)The notice of appeal must state fully the grounds of the appeal.

(3)The person must file the notice of appeal within 28 days after a review notice under section 245(1)(c) about the internal review decision is given to the person.

(4)However, the court may, on application, at any time, extend the time for filing the notice of appeal.

(5)The person must serve a copy of the notice of appeal, and any application to extend the time for filing a notice of appeal, on the commission.

(6)The appeal does not—

(a)affect the operation of the internal review decision; or

(b)prevent the internal review decision being implemented.

248Staying operation of internal review decision

(1)The court may, by order, stay the operation of the internal review decision to secure the effectiveness of the appeal.

(2)The court may stay the operation of the internal review decision on conditions the court considers appropriate.

(3)The stay operates for the period decided by the court.

(4)However, the period of the stay must not extend past the time when the court decides the appeal.

249Powers of court on appeal

(1)When deciding an appeal against an internal review decision, the court—

(a)has the same powers as the commission in making the internal review decision; and

(b)is not bound by the rules of evidence; and

(c)must comply with natural justice.

(2)An appeal is by way of rehearing.

(3)The court may—

(a)confirm the internal review decision; or

(b)substitute another decision for the internal review decision; or

(c)set aside the internal review decision and return the matter to the commission with directions the court considers appropriate.

250Effect of court’s decision on appeal

(1)If the court substitutes another decision for the internal review decision—

(a)the substituted decision is taken to be a decision of the commission; and

(b)the commission may give effect to the decision as if—

(i)the decision were the original decision of the commission; and

(ii)no application for review or appeal had been made.

(2)If the court sets aside the internal review decision and returns the matter to the commission with directions, any decision made by the commission in accordance with the directions may not be reviewed or appealed against under this division.

251Particular powers about seizure or forfeiture

(1)If the court confirms an internal review decision about forfeiture, it may also give directions about the sale or disposal of the animal or other thing.

(2)If the court sets aside an internal review decision about seizure or forfeiture, it may also—

(a)order the return of the animal or other thing; or

(b)make another order it considers appropriate for its disposal; or

(c)make an order under section 206.

(3)However, the court must not order the return to a person of any of the following seized things—

(a)an animal or other thing that may be evidence in a proceeding started in relation to the thing seized;

(b)a thing that has been destroyed because it has no intrinsic value;

(c)a thing that has been disposed of because it was perishable;

(d)a thing the person may not lawfully possess.

252Appeal to District Court

An appeal lies to a District Court from a decision of the court, but only on a question of law.

ch 6 pt 4 hdg ins 2022 No. 24 s 24

ch 6 pt 4 div 1 hdg ins 2022 No. 24 s 24

252AA Definitions for part

In this part—

appeal tribunal see the QCAT Act, schedule 3.

disqualification action, against a person, means action that—

(a)is disciplinary action relating to the person’s approval or licence or exclusion action against the person; and

(b)prevents the person from doing any of the following for a period of 3 months or longer—

(i)attending a race meeting;

(ii)betting;

(iii)bookmaking;

(iv)racing an animal.

Examples—

•disciplinary action to suspend the licence of a licence holder for an animal for 3 months

•disciplinary action to cancel the licence of a licence holder

•exclusion action to warn off a person from entering, or remaining at, a racecourse for 6 months

exclusion action, against a person, means action taken by a steward—

(a)to name the person on a list kept under the rules of racing that identifies persons whose entitlements under the rules are forfeited; or

(b)to warn off the person from entering, or remaining at, a place being used for a race meeting.

racing decision, of a steward, means a decision of the steward under the rules of racing for a code of racing.

remote conferencing means a form of communication that allows a person to hear and take part in discussions as they happen.

Examples—

teleconferencing, videoconferencing

s 252AA ins 2022 No. 24 s 24

ch 6 pt 4 div 2 hdg ins 2022 No. 24 s 24

252AB Applying for review

(1)A person may apply to the panel for a review, under this part, of a racing decision of a steward to—

(a)take disciplinary action relating to the person’s approval or licence; or

(b)take exclusion action against the person; or

(c)otherwise impose a penalty, whether monetary or non-monetary, on the person.

(2)The application must—

(a)be made to the panel within 3 business days after the day the person is given notice of the racing decision; and

(b)be in the approved form; and

(c)be accompanied by the fee prescribed by regulation.

(3)The chairperson may decide to accept the application after the period mentioned in subsection (2)(a) has ended if, in the opinion of the chairperson, it would be unjust to refuse to accept the application.

(4)The making of the application does not affect the operation of the racing decision or prevent the decision being implemented.

(5)However, subsection (4) does not apply to the extent the operation of the racing decision is stayed under section 252AT.

(6)An application made under this section is a panel review application.

s 252AB ins 2022 No. 24 s 24

252AC Parties to application

The parties to the panel review application are the applicant and the commission.

s 252AC ins 2022 No. 24 s 24

ch 6 pt 4 div 3 hdg ins 2022 No. 24 s 24

252AD Constituting panel for application

(1)The panel for deciding a panel review application is to be constituted by—

(a)the chairperson; and

(b)2 other members, chosen by the chairperson.

(2)However, the panel may be constituted in the way decided by the chairperson, including by the chairperson alone, if the panel review application relates to a racing decision of a steward—

(a)to impose a monetary penalty for an amount no greater than $200; or

(b)to take disciplinary action relating to a person’s approval or licence that has effect for no longer than 8 days; or

(c)to take exclusion action against a person that has effect for no longer than 8 days.

(3)When choosing a member for the panel, the chairperson may consider—

(a)the nature, importance and complexity of the panel review application to be heard and decided by the panel; and

(b)the need for any special knowledge, expertise or experience relating to the application; and

(c)any other matter the chairperson considers relevant.

s 252AD ins 2022 No. 24 s 24

252AE Disclosure of conflicting interest

(1)This section applies if a member of the panel for a panel review application has or acquires a conflicting interest in relation to the application.

(2)The member must—

(a)declare the conflicting interest to the chairperson as soon as practicable after the member becomes aware of the interest; and

(b)withdraw from the panel for the panel review application.

(3)As soon as practicable after becoming aware of the member’s conflicting interest, the chairperson must choose a different member for the panel.

(4)However, subsections (2)(b) and (3) do not apply if—

(a)the member discloses the conflicting interest to the parties to the panel review application; and

(b)the parties agree to the member continuing on the panel to decide the application.

(5)The chairperson must make a record of the matters mentioned in subsections (3) and (4).

(6)If the member who has or acquires the conflicting interest is the chairperson, a reference to the chairperson in subsections (2), (3) and (5) and section 252AD(1)(a) is taken to be a reference to a deputy chairperson.

(7)In this section—

conflicting interest, of a member in relation to a panel review application, means an interest, whether financial or otherwise, held or acquired by the member that may conflict with the proper performance of the member’s functions in relation to deciding the application.

s 252AE ins 2022 No. 24 s 24

ch 6 pt 4 div 4 hdg ins 2022 No. 24 s 24

ch 6 pt 4 div 4 hdg ins 2022 No. 24 s 24

252AF Way application decided

(1)The panel for a panel review application may decide the application in the way it considers appropriate, including, for example—

(a)by holding a hearing in person; or

(b)by holding a hearing using remote conferencing; or

(c)by deciding the application on the basis of documents without a hearing.

(2)If the panel decides to hold a hearing, it must be conducted in accordance with subdivision 2.

(3)If the panel decides not to hold a hearing, the panel must ensure the information considered by the panel is made publicly available to the same extent as if the panel review application were heard in public.

(4)Subsection (3) does not apply in relation to any information the panel decides is not to be made publicly available based on a non-disclosure ground.

s 252AF ins 2022 No. 24 s 24

252AG When application must be decided

The panel for the panel review application must decide the application—

(a)if the application relates to a racing decision of a steward to take disqualification action against a person—within 20 business days after the application is made; or

(b)otherwise—within 7 business days after the application is made.

s 252AG ins 2022 No. 24 s 24

252AH Decision of panel

(1)The panel must review the racing decision the subject of the panel review application and decide to—

(a)confirm the racing decision; or

(b)vary the racing decision; or

(c)set aside the racing decision and substitute the panel’s own decision.

(2)If the panel confirms the racing decision, it is taken to be the decision of the panel.

(3)If the panel’s decision includes the taking of disqualification action against the applicant, the panel must decide whether the action is taken because of a serious risk caused to—

(a)the welfare or health of an animal; or

(b)the safety of any person; or

(c)the integrity of the Queensland racing industry.

Note—

See also section 252AV(2) preventing a stay of particular decisions.

(4)The panel must give the parties to the panel review application a notice stating—

(a)the panel’s decision, including, if applicable, the matters mentioned in subsection (3); and

(b)the reasons for the panel’s decision.

(5)The panel’s decision takes effect—

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

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

s 252AH ins 2022 No. 24 s 24

ch 6 pt 4 div 4 hdg ins 2022 No. 24 s 24

252AI Notice of hearing

(1)The registrar must give the parties to a panel review application notice of the time and place of a hearing of the application.

(2)The notice must be given as soon as practicable, and at least a reasonable period, before the day of the hearing.

s 252AI ins 2022 No. 24 s 24

252AJ Public hearing

(1)The hearing of a panel review application must be held in public.

(2)However, the panel may, on application by a party or on the panel’s own initiative, decide that the hearing, or part of the hearing, is to be held in private.

(3)A decision under subsection (2) may be made only if the panel considers information proposed to be disclosed at the hearing should not be made publicly available based on a non-disclosure ground.

(4)To the extent the hearing is heard in private under subsection (2), the panel may limit who may be present at the hearing.

(5)The hearing may be held at any place in Queensland or by remote conferencing.

(6)The panel may adjourn the hearing.

s 252AJ ins 2022 No. 24 s 24

252AK Requiring witness to attend or produce document or thing

(1)On the application of a party or on the panel’s own initiative, the panel may give a person a notice requiring the person—

(a)to attend the hearing of a panel review application to give evidence; or

(b)to produce a stated document or other thing to the panel for the hearing.

Note—

See section 252AL for the consequences of failing to comply with the notice.

(2)However, the notice may be given only if the panel reasonably believes the person has information, or the document or thing contains information, required for consideration of the panel review application.

(3)A notice under subsection (1) must be given as soon as practicable, and at least a reasonable period, before the day of the hearing.

(4)A person given a notice under subsection (1) is entitled to be paid the fees and allowances decided by the panel.

(5)The fees and allowances must be paid—

(a)if the notice was given on the application of a party—by the party; or

(b)otherwise—by the parties in the proportions decided by the panel.

s 252AK ins 2022 No. 24 s 24

252AL Offences for witness

(1)A person given a notice under section 252AK(1) must not fail, without a reasonable excuse, to comply with the notice.

Maximum penalty—100 penalty units.

(2)A person appearing as a witness at a hearing of a panel review application must not—

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

(b)fail, without a reasonable excuse, to answer a question the person is required to answer by the panel.

Maximum penalty—100 penalty units.

(3)It is a reasonable excuse for an individual to refuse to answer a question, or produce a document or other thing, if the answer, or the production of the document or thing, might tend to incriminate the individual or expose the individual to a penalty.

s 252AL ins 2022 No. 24 s 24

252AM Hearing in absence of parties or others

(1)The panel may hear a panel review application in the absence of a party to the application if—

(a)the panel is satisfied the party has been given notice of the hearing under section 252AI; and

(b)the panel is satisfied the party did not have a reasonable excuse for failing to attend.

(2)Also, the panel may hear a panel review application in the absence of any other person who has been given reasonable notice of the hearing.

s 252AM ins 2022 No. 24 s 24

252AN Contempt of panel at hearing

A person must not—

(a)insult a member while the member is—

(i)participating in a hearing of a panel review application; or

(ii)entering or leaving the place where the panel is hearing a panel review application; or

(b)unreasonably or deliberately interrupt a hearing of a panel review application; or

(c)create or continue, or join in creating or continuing, a disturbance in or near a place where the panel is hearing a panel review application.

Maximum penalty—30 penalty units.

s 252AN ins 2022 No. 24 s 24

ch 6 pt 4 div 4 hdg ins 2022 No. 24 s 24

252AO Conducting review generally

(1)In deciding a panel review application, the panel—

(a)must act with impartiality; and

(b)must observe the rules of natural justice; and

(c)is not bound by the rules of evidence; and

(d)may inform itself in any way it considers appropriate.

(2)Subject to this part, the procedure for deciding a panel review application is at the discretion of the panel.

s 252AO ins 2022 No. 24 s 24

252AP Evidence before panel

(1)For deciding a panel review application, the panel may—

(a)require a person to give evidence on oath or affirmation; or

(b)take evidence from a person on oath or affirmation; or

(c)administer an oath or affirmation to a person.

(2)The panel may permit a person to give evidence on oath or affirmation by tendering a written statement verified by oath or affirmation.

s 252AP ins 2022 No. 24 s 24

252AQ Applicant bears own costs

The applicant for a panel review application must bear the applicant’s own costs.

s 252AQ ins 2022 No. 24 s 24

252AR Withdrawal of application

The applicant for a panel review application may withdraw the application at any time.

s 252AR ins 2022 No. 24 s 24

252AS Record of review

(1)The registrar must keep a record of any documents produced to the panel for deciding a panel review application.

(2)Subject to subsection (3), a person may, on payment of the fee prescribed by regulation—

(a)inspect a record kept under subsection (1); or

(b)obtain a copy of a record, or a part of a record, kept under subsection (1).

(3)If the person is a party to the panel review application, the person may inspect the record without charge.

(4)Subsections (2) and (3) do not apply in relation to any part of a record containing information the panel has decided is not to be made publicly available based on a non-disclosure ground.

(5)This section does not affect the operation of another Act that provides for the recording or keeping of evidence.

s 252AS ins 2022 No. 24 s 24

ch 6 pt 4 div 5 hdg ins 2022 No. 24 s 24

252AT Staying operation of racing decision

(1)The applicant for a panel review application may apply to the panel for a stay of the operation of the racing decision to which the application relates.

(2)The panel may stay the operation of the racing decision to secure the effectiveness of the review of the decision by the panel.

(3)The panel may stay the operation of the racing decision on the conditions, and for the period, decided by the panel.

(4)However, the period of the stay must not extend past the time when the panel decides the panel review application.

s 252AT ins 2022 No. 24 s 24

ch 6 pt 4 div 6 hdg ins 2022 No. 24 s 24

252AU Appealing disqualification action to appeal tribunal

(1)This section applies if—

(a)the panel’s decision on a panel review application includes the taking of disqualification action against a person; and

(b)a person who is a party to the application is dissatisfied with the panel’s decision.

(2)The person may appeal to the appeal tribunal against the panel’s decision only on a question of law relating to the extent of the disqualification action.

(3)The notice of appeal must, unless the appeal tribunal orders otherwise—

(a)be filed in the tribunal’s registry within 28 days after the date of the panel’s decision; and

(b)be served on the commission within 7 days after being filed.

(4)The appeal tribunal has jurisdiction to hear and decide the appeal.

(5)The starting of the appeal does not affect the operation of the panel’s decision or prevent the decision being implemented.

(6)However, subsection (5) does not apply to the extent the operation of the panel’s decision is stayed under section 252AV.

s 252AU ins 2022 No. 24 s 24

252AV Staying operation of panel’s decision

(1)A person appealing a decision of the panel under section 252AU may apply to the appeal tribunal for a stay of the operation of the decision.

(2)However, subsection (1) does not apply if the notice of the panel’s decision states, under section 252AH(3), that the decision includes disqualification action taken against a person because of a serious risk mentioned in the section.

(3)The appeal tribunal may stay the operation of the panel’s decision on the conditions, and for the period, decided by the tribunal.

(4)However, the period of the stay must not extend past the time when the appeal tribunal decides the appeal.

s 252AV ins 2022 No. 24 s 24

ch 6 pt 5 hdg ins 2022 No. 24 s 24

ch 6 pt 5 div 1 hdg ins 2022 No. 24 s 24

252AW Establishment of panel

The Racing Appeals Panel (the panel) is established.

s 252AW ins 2022 No. 24 s 24

252AX Finances of panel

The panel is part of the department for the Financial Accountability Act 2009.

s 252AX ins 2022 No. 24 s 24

252AY Functions of panel

The functions of the panel are—

(a)to hear and decide each application for review of a racing decision of a steward; and

(b)any other function given to the panel under this Act or another Act.

s 252AY ins 2022 No. 24 s 24

252AZ Powers

The panel has the power to do anything necessary or convenient to be done to perform its functions.

s 252AZ ins 2022 No. 24 s 24

252BA Independence of panel and members

In performing functions or exercising powers, the panel and members—

(a)must act independently, impartially and fairly; and

(b)are not subject to direction or control by any entity, including any Minister.

s 252BA ins 2022 No. 24 s 24

ch 6 pt 5 div 2 hdg ins 2022 No. 24 s 24

ch 6 pt 5 div 2 hdg ins 2022 No. 24 s 24

252BBComposition of panel

The panel consists of the following members appointed by the Governor in Council—

(a)the chairperson;

(b)at least 2 deputy chairpersons;

(c)at least 3 other members.

s 252BB ins 2022 No. 24 s 24

252BCAppointment

(1)The Governor in Council is to appoint each member of the panel, including the chairperson and deputy chairpersons, on the recommendation of the Minister.

(2)The Minister must recommend persons for appointment to the panel who have experience in a sufficient range of areas mentioned in section 252BD(1)(b) to allow the panel to perform its functions.

(3)The Minister may recommend a person for appointment only if the Minister is satisfied the person is eligible for appointment under section 252BD.

s 252BC ins 2022 No. 24 s 24

252BDEligibility for appointment

(1)A person is eligible for appointment to the panel if—

(a)for appointment as the chairperson or a deputy chairperson—the person is a lawyer of at least 5 years standing; or

(b)otherwise—the person has professional experience in 1 or more of the following areas—

(i)chemistry relating to animals;

(ii)law;

(iii)racing;

(iv)veterinary science.

(2)However, a person is not eligible for appointment to the panel if the person—

(a)is, or has in the 2 years before the proposed appointment, been a member or employee of a control body; or

(b)is registered or licensed by a control body; or

(c)has a financial or proprietary interest in a licensed animal; or

(d)is a member of a committee, or an employee, of—

(i)a licensed club; or

(ii)an association formed in Australia to promote the interests of 1 or more participants in a code of racing; or

(e)is affected by bankruptcy action; or

(f)has a conviction, other than a spent conviction, for—

(i)an offence against this Act or the Racing Act; or

(ii)an indictable offence against any Act; or

(iii)an indictable offence against a law of another State.

(3)In this section—

interstate rehabilitation law means a law applying, or that applied, in another State that provides, or provided, for the same matter as the Criminal Law (Rehabilitation of Offenders) Act 1986.

s 252BD ins 2022 No. 24 s 24

amd 2023 No. 23 s 247 sch 1 s 4

252BE Term of appointment

(1)A member holds office for the term, not longer than 3 years, stated in the member’s instrument of appointment.

(2)Subsection (1) does not prevent a person being reappointed as a member.

s 252BE ins 2022 No. 24 s 24

252BFConditions of appointment

(1)A member is appointed under this Act and not the Public Service Act 2008.

(2)Each member—

(a)is entitled to be paid the remuneration and allowances decided by the Governor in Council; and

(b)holds office on the conditions stated in the member’s instrument of appointment.

s 252BF ins 2022 No. 24 s 24

ch 6 pt 5 div 2 hdg ins 2022 No. 24 s 24

252BGFunctions of members

(1)The functions of the chairperson are—

(a)to choose members to constitute the panel to hear and decide a panel review application; and

(b)to manage the business and overall performance of the panel to ensure it operates efficiently; and

(c)to give directions about practices and procedures to promote the making of high quality and consistent decisions by the panel; and

(d)to ensure members are adequately trained to perform the functions and exercise the powers of the panel; and

(e)to ensure the report mentioned in section 252BP is prepared.

(2)The function of a deputy chairperson is to act as, and perform the functions of, the chairperson when—

(a)there is a vacancy in the office of the chairperson; or

(b)the chairperson has a conflicting interest under section 252AE in relation to a panel review application; or

(c)the chairperson is absent or otherwise cannot perform the functions of the office.

(3)The function of all members is to participate in the panel to hear and decide, under part 4, matters for which the panel is constituted.

s 252BG ins 2022 No. 24 s 24

ch 6 pt 5 div 2 hdg ins 2022 No. 24 s 24

252BHResignation

(1)A member may resign by signed notice given to the Minister.

(2)The resignation takes effect on—

(a)the day the notice is given; or

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

s 252BH ins 2022 No. 24 s 24

252BIRemoval from office

(1)The Governor in Council may, on the recommendation of the Minister at any time, remove a person from office as a member of the panel.

(2)The Minister may recommend the person’s removal if the Minister is satisfied the person—

(a)is no longer eligible for appointment for a reason mentioned in section 252BD(2); or

(b)is incapable of performing the functions or exercising the powers of the office; or

(c)has neglected the functions or powers of the office or performed the functions or exercised the powers incompetently; or

(d)has engaged in conduct that would warrant dismissal from the public service if the person were a public service officer.

s 252BI ins 2022 No. 24 s 24

252BJVacancy in office

The office of a member becomes vacant if the member—

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

(b)resigns under section 252BH; or

(c)is removed from office under section 252BI.

s 252BJ ins 2022 No. 24 s 24

ch 6 pt 5 div 3 hdg ins 2022 No. 24 s 24

ch 6 pt 5 div 3 hdg ins 2022 No. 24 s 24

252BKRegistrar and other staff

(1)The chief executive must appoint—

(a)an appropriately qualified person to be the registrar of the panel; and

(b)staff to assist the panel to perform its functions effectively.

(2)A person appointed under subsection (1) is employed under the Public Service Act 2008.

s 252BK ins 2022 No. 24 s 24

252BLFunctions of registrar

The functions of the registrar are—

(a)the functions given to the registrar under this part and part 4; and

(b)to do any other thing necessary or convenient for the effective and efficient performance of the panel’s functions.

s 252BL ins 2022 No. 24 s 24

252BMRegister of decisions

(1)The registrar must keep a register that includes—

(a)a brief description of each panel review application that has been made; and

(b)the information in the notice of the panel’s decision on the application, given under section 252AH(4).

(2)The registrar must make a copy of the register available for inspection by the public on the panel’s website.

(3)However, the copy of the register must not include any information that the panel has decided is not to be made publicly available based on a non-disclosure ground.

s 252BM ins 2022 No. 24 s 24

ch 6 pt 5 div 3 hdg ins 2022 No. 24 s 24

252BNCriminal history report

(1)This section applies for considering whether a person—

(a)is eligible under section 252BD to be appointed as a member of the panel; or

(b)is to be recommended for removal from office as a member of the panel under section 252BI(2)(a).

(2)The Minister may ask the police commissioner for a written report about the person’s criminal history that includes a brief description of the circumstances of a conviction mentioned in the criminal history.

(3)However, if subsection (1)(a) applies, the Minister may make the request only if the person has given the Minister written consent for the request.

(4)The police commissioner must comply with the request.

(5)The duty to comply applies only to information in the police commissioner’s possession or to which the commissioner has access.

(6)Before using information obtained under this section to make a decision, the Minister must—

(a)disclose the information to the person; and

(b)allow the person a reasonable opportunity to make representations to the Minister about the information.

(7)The Minister must ensure a report given under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.

s 252BN ins 2022 No. 24 s 24

252BOChanges in criminal history must be disclosed

(1)This section applies if a member is charged with or convicted of an offence mentioned in section 252BD(2)(f).

(2)The member must immediately give the Minister notice of the charge or conviction, unless the member has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)The notice must include the following information—

(a)the existence of the charge or conviction;

(b)details adequate to identify the offence committed or alleged to have been committed;

(c)when the offence was committed or alleged to have been committed;

(d)for a conviction—the sentence imposed on the member.

s 252BO ins 2022 No. 24 s 24

ch 6 pt 5 div 3 hdg ins 2022 No. 24 s 24

252BPAnnual performance report

(1)After the end of each financial year, the chairperson must ensure a written report is given to the Minister about the panel’s performance in relation to the following matters—

(a)the operation of the panel for the year and any proposals to improve the operation of the panel;

(b)the number of panel review applications received by the panel in the year;

(c)the number of applications decided by the panel in the year and a brief description of the nature of the decisions made;

(d)any matters affecting the panel’s ability to decide applications in the year.

(2)The chairperson must give the report to the Minister no later than 3 months after the end of the financial year to which the report relates.

(3)The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.

s 252BP ins 2022 No. 24 s 24

253Betting under this Act is lawful

(1)If betting on the outcome of a race or sporting contingency is conducted under this Act, the betting is lawful.

(2)Subsection (1) does not limit the Wagering Act 1998.

254Time race meeting taken to commence

A race meeting, under the management of a control body, is taken to commence at the time that, under the direction of the steward who is in charge of the race meeting, betting with racing bookmakers may commence.

255Void betting contracts etc.

Subject to sections 139 and 256—

(a)a contract relating to betting is void; and

(b)a promise, whether express or implied, to do any of the following under or in relation to a contract relating to betting is void—

(i)to pay money to a person;

(ii)to pay money to a person by way of commission, fee, reward or otherwise;

(iii)to pay money to a person for services rendered; and

(c)an action may not be brought in a court to recover money or other property—

(i)alleged to be won or lost on a bet; or

(ii)given to a person as a stakeholder for an event on which a bet has been made; or

(iii)lent or advanced for the purpose of betting.

256Betting and other activities to which s 255 does not apply

Section 255 does not apply—

(a)if the betting is conducted under any of the following Acts—

(i)the Casino Control Act 1982;

(ii)the Charitable and Non-Profit Gaming Act 1999;

(iii)the Gaming Machine Act 1991;

(iv)the Interactive Gambling (Player Protection) Act 1998;

(v)the Keno Act 1996;

(vi)the Lotteries Act 1997;

(vii)the Wagering Act 1998; or

(b)to a subscription or contribution, or agreement to subscribe or contribute, for or to a prize, trophy or amount to be awarded to the winner of a lawful game, sport, pastime or exercise or to a person who receives or holds the subscription or contribution for that purpose.

ch 7 pt 1A hdg ins 2022 No. 24 s 25

256A Publication of stewards’ reports

(1)This section applies if a race day steward gives the commission a report in relation to—

(a)the races conducted at a race meeting (a race day report); or

(b)an incident investigated at a race meeting (an inquiry report).

(2)The commission may publish, on its website, any of the following information in the race day report—

(a)the name of the race day steward;

(b)the code of racing conducted at the race meeting;

(c)the day of the meeting;

(d)the licensed venue at which the meeting was conducted;

(e)the details of the track conditions at the meeting;

(f)the outcome of each race at the meeting;

(g)any incident investigated by the steward at the meeting;

(h)the rules of racing applying to the incident investigated;

(i)any action taken by the steward in response to the incident investigated.

(3)The commission may publish, on its website, any of the following information in the inquiry report—

(a)the name of the person investigated;

(b)the rules of racing applying to the incident;

(c)the decision of the race day steward about the incident;

(d)the reasons for the decision.

(4)The commission must remove from its website any information published under subsection (2) or (3) no later than—

(a)if the information relates to disqualification action taken against a person by a race day steward—the day the effect of the action ends; or

(b)otherwise—6 months after the day the information is published.

(5)This section applies subject to section 256B.

(6)In this section—

disqualification action, against a person, see section 252AA.

s 256A ins 2022 No. 24 s 25

256B Request for commission not to publish personal information contained in steward’s report

(1)A person identified in a report may ask the commission, in writing—

(a)not to publish any personal information about the person contained in the report; or

(b)if the information has been published—to remove the information from the commission’s website.

(2)Before giving a report to the commission, the race day steward who prepared the report must tell each person identified in the report—

(a)that the person may ask the commission not to publish personal information about the person contained in the report; and

(b)the requirements that apply, under this section, to the steward and commission in relation to the request.

(3)If a person identified in a report tells the race day steward who prepared the report that the person intends to make a request under subsection (1)—

(a)the steward must tell the commission of that fact when giving the report to the commission; and

(b)the commission must not publish any personal information about the person contained in the report for at least 7 days after the day the report is given to the commission.

(4)If the commission receives a request under subsection (1) after publishing the personal information to which the request relates, the commission must remove the information from its website while the commission considers the request.

(5)For considering a request under subsection (1), the commission must not publish personal information if the commission is reasonably satisfied the information should not be made publicly available based on a non-disclosure ground.

(6)In this section—

publish means publish on the commission’s website.

report means a race day report or inquiry report within the meaning of section 256A.

s 256B ins 2022 No. 24 s 25