Racing Regulation 2013

1Short title

This regulation may be cited as the Racing Regulation 2013.

2Commencement

This regulation commences on 1 September 2013.

pt 1AA hdg ins 2022 Act No. 30 s 77

2AA Prescribed amount—Act, s 12

For section 12(4) of the Act, definition prescribed amount, the amount prescribed is—

(a)for the period starting on 1 December 2022 and ending on 30 June 2023—$20m; or

(b)for the financial year starting on 1 July 2023—the amount prescribed under paragraph (a), increased by the prescribed percentage and rounded to the nearest cent (rounding one-half upwards); or

(c)for any later financial year—the amount prescribed under this section for the previous financial year, increased by the prescribed percentage and rounded to the nearest cent (rounding one-half upwards).

s 2AA ins 2022 Act No. 30 s 77

2AB Prescribed percentage—Act, s 12

For section 12(4) of the Act, definition prescribed percentage, the percentage prescribed is 2%.

s 2AB ins 2022 Act No. 30 s 77

pt 1 hdg ins 2016 SL No. 96 s 13

2ARequirements for operational plan—Act, s 98

(1)For section 98 of the Act, a control body’s operational plan for a code of racing must include a program to audit the suitability of licence holders for the code of racing to continue to be licensed for the relevant financial year.

Note—

See also section 87(3) of the Act.

(2)A program mentioned in subsection (1) must include the following—

(a)the categories of licence holders being audited by the program;

(b)the focus of the audits for each category of licence holder;

(c)the number of audits planned for each category of licence holder.

(3)Subsection (4) applies if, as a result of auditing licence holders, the control body identifies an issue about the suitability of licence holders to continue to be licensed that is not within the focus of the audits.

(4)The program for the next financial year must include a summary of the issue and state whether the issue is addressed by the program.

s 2A ins 2016 SL No. 96 s 13

2BMatters for policy for code of racing—Act, s 102

For section 102(3) of the Act, a control body must make a policy for the following matters—

(a)the management of licensed clubs;

(b)the allocation of race days to licensed clubs;

(c)the provision of funding by the control body to licensed clubs;

(d)the standard required of licensed venues, including criteria for different categories of venues;

(e)the way in which races are to be held for the control body’s code of racing, including, for example, classes of races, nominations and prize money;

(f)handicapping, including handicapping licensed animals for the control body’s code of racing and the appropriate qualifications for handicappers;

(g)the fees the control body will charge;

(h)the disposal of assets for section 129(1)(c)(i) of the Act.

s 2B ins 2016 SL No. 96 s 13

3Application for race information authority

(1)For section 134(2)(a) of the Act, the application must be in a control body form.

(2)For section 134(2)(b)(ii) of the Act, the documents are the documents identified in the control body form.

4Matters to be taken into account in deciding race information application

(1)This section applies to an applicant for a race information authority for a code of racing if the applicant is a licensed wagering operator who holds a licence or authority—

(a)under a law of a foreign country, other than New Zealand, authorising the wagering operator to conduct a wagering business; or

(b)issued by a principal racing authority of a foreign country, other than New Zealand, authorising the wagering operator to conduct a wagering business.

(2)Each of the following is a type of matter for section 134(5)(a) of the Act—

(a)whether the applicant is suitable to hold a race information authority, having regard to each of the following—

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

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

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

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

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

(iv)if the applicant is a corporation—

(A)the character or business reputation of the corporation’s executive officers; and

(B)the current financial position and financial background of the corporation’s executive officers;

(b)whether issuing a race information authority to the applicant will undermine the integrity of the conduct of the code of racing in Queensland.

5Matters not to be taken into account in deciding race information application

Each of the following is a type of matter for section 134(5)(b) of the Act—

(a)for an applicant who is an individual whose principal place of residence is in another State—that the applicant’s principal place of residence is in another State;

(b)for an applicant who is an individual who conducts a wagering business in another State—that the applicant conducts a wagering business in another State;

(c)for an applicant that is a corporation that has its registered office under the Corporations Act, or principal place of business, in another State—that the applicant has its registered office under the Corporations Act, or principal place of business, in another State;

(d)for an applicant that is a licensed wagering operator that holds a licence or other authority under a law of another State authorising it to conduct a wagering business—that the licence or other authority is held under the law of another State;

(e)for an applicant that is a licensed wagering operator that holds a licence or other authority issued by a principal racing authority of another State authorising it to conduct a wagering business—that the licence or other authority is issued by a principal racing authority of another State.

6Conditions that may be imposed

For section 135(3)(b) of the Act, the types of conditions are the following—

(a)conditions about the duration of the authority;

(b)conditions about the holder of the authority giving the control body information the control body requires to calculate any fees payable by the holder of the authority under section 135(3)(a) of the Act;

(c)conditions about when the holder of the authority must pay any fees payable by the holder of the authority under section 135(3)(a) of the Act;

(d)conditions about the amount up to which the holder of the authority must accept a wager for.

s 6 amd 2017 SL No. 116 s 3

7Matters not to be taken into account in imposing conditions

Each of the following is a type of matter for section 135(4) of the Act—

(a)for an applicant who is an individual whose principal place of residence is in another State—that the applicant’s principal place of residence is in another State;

(b)for an applicant who is an individual who conducts a wagering business in another State—that the applicant conducts a wagering business in another State;

(c)for an applicant that is a corporation that has its registered office under the Corporations Act, or principal place of business, in another State—that the applicant has its registered office under the Corporations Act, or principal place of business, in another State;

(d)for an applicant that is a licensed wagering operator that holds a licence or other authority under a law of another State authorising it to conduct a wagering business—that the licence or other authority is held under the law of another State;

(e)for an applicant that is a licensed wagering operator that holds a licence or other authority issued by a principal racing authority of another State authorising it to conduct a wagering business—that the licence or other authority is issued by a principal racing authority of another State.

8Grounds for cancelling race information authority

(1)For section 139(1) of the Act, each of the following is a ground for cancelling a licensed wagering operator’s race information authority—

(a)the licensed wagering operator contravenes any condition of the authority;

(b)the authority was issued because of a materially false or misleading representation or declaration;

(c)if the licensed wagering operator is a relevant wagering operator—the licensed wagering operator is not suitable to hold the authority, having regard to the matters mentioned in section 4(2)(a).

(2)In this section—

relevant wagering operator means a licensed wagering operator who holds a licence or authority—

(a)under a law of a foreign country, other than New Zealand, authorising the wagering operator to conduct a wagering business; or

(b)issued by a principal racing authority of a foreign country, other than New Zealand, authorising the wagering operator to conduct a wagering business.

s 8 amd RA s 26

pt 5 hdg amd 2016 SL No. 96 s 15

12Prescribed laws about racing or betting

Each law of another State that is stated in schedule 1 is a law about racing or betting.

12APrescribed laws about animal welfare—Act, s 108

For section 108(3)(b)(iii) of the Act, each law of another State that is stated in schedule 1A is a law about animal welfare.

s 12A ins 2016 SL No. 96 s 16

13Due date for yearly fee payable by control body

For section 65(2)(b) of the Act, the fee relating to each year for which an approved control body’s approval has effect is payable by each anniversary of the approval effect day for the control body.

15Fees

The fees payable under the Act are stated in schedule 2.

s 15 amd 2013 SL No. 212 s 18; 2016 SL No. 96 s 18

16Repeal

The Racing Regulation 2003, SL No. 142 is repealed.

section 12

•the repealed Betting (ACTTAB Limited) Act 1964 (ACT)

•Casino Control Act 2006 (ACT)

•Gambling and Racing Control Act 1999 (ACT)

•Gambling and Racing Control (Code of Practice) Regulation 2002 (ACT)

•Gaming Machine Act 2004 (ACT)

•Interactive Gambling Act 1998 (ACT)

•Lotteries Act 1964 (ACT)

•Pool Betting Act 1964 (ACT)

•Race and Sports Bookmaking Act 2001 (ACT)

•Race and Sports Bookmaking Regulation 2001 (ACT)

•Racing Act 1999 (ACT)

•Racing (Race Field Information) Regulation 2010 (ACT)

•Totalisator Act 2014 (ACT)

•Unlawful Gambling Act 2009 (ACT)

•Australian Jockey and Sydney Turf Clubs Merger Act 2010 (NSW)

•Betting and Racing Act 1998 (NSW)

•Greyhound Racing Act 2009 (NSW)

•Harness Racing Act 2009 (NSW)

•Racing Appeals Tribunal Act 1983 (NSW)

•Thoroughbred Racing Act 1996 (NSW)

•Totalizator Act 1997 (NSW)

•Totalizator Agency Board Privatisation Act 1997 (NSW)

•Unlawful Gambling Act 1998 (NSW)

•Greyhound Racing Rules (NT)

•Racing and Betting Act (NT)

•Racing and Betting Regulations (NT)

•Totalisator Licensing and Regulation Act (NT)

•Totalisator Licensing and Regulation Regulations (NT)

•Totalisator Licensing and Regulation (Arbitration) Regulations (NT)

•Totalizator Rules (NT)

•Unlawful Betting Act (NT)

•Authorised Betting Operations Act 2000 (SA)

•Lottery and Gaming Act 1936 (SA)

•Racing (Proprietary Business Licensing) Act 2000 (SA)

•Gaming Control Act 1993 (Tas)

•Racing (Bookmaker Betting) Regulations 2015 (Tas)

•Racing (Miscellaneous) Regulations 2015 (Tas)

•Racing Regulation Act 2004 (Tas)

•Gambling Regulation Act 2003 (Vic)

•Racing Act 1958 (Vic)

•Betting Control Act 1954 (WA)

•Betting Control Regulations 1978 (WA)

•Gaming and Wagering Commission Act 1987 (WA)

•Gaming and Wagering Commission Regulations 1988 (WA)

•Racing and Wagering Western Australia Act 2003 (WA)

•Racing and Wagering Western Australia Regulations 2003 (WA)

•Racing Penalties (Appeals) Act 1990 (WA)

•Racing Restriction Act 2003 (WA)

•The Western Australian Turf Club Act 1892 (WA)

•Western Australian Greyhound Racing Association Act 1981 (WA)

•Western Australian Trotting Association Act 1946 (WA)

sch 1 sub 2016 SL No. 96 s 20

section 12A

•Animal Welfare Act 1992 (ACT)

•Animal Welfare Regulation 2001 (ACT)

•Prevention of Cruelty to Animals Act 1979 (NSW)

•Prevention of Cruelty to Animals Regulation 2012 (NSW)

•Animal Welfare Act (NT)

•Animal Welfare Act 1985 (SA)

•Animal Welfare Regulations 2012 (SA)

•Animal Welfare Act 1993 (Tas)

•Prevention of Cruelty to Animals Act 1986 (Vic)

•Prevention of Cruelty to Animals Regulations 2008 (Vic)

•Animal Welfare Act 2002 (WA)

•Animal Welfare (General) Regulations 2003 (WA)

sch 1A ins 2016 SL No. 96 s 20

section 15

sch 2 sub 2013 SL No. 183 s 11; 2014 SL No. 119 s 12; 2015 SL No. 40 s 4

amd 2016 SL No. 96 s 21; 2017 SL No. 84 s 4; 2021 SL No. 63 s 4

sub 2022 SL No. 71 s 20