no. 6353. racing act 1958

1958. Racing. No. 6353 333

No. 6353.

RACING ACT 1958.

An Act to consolidate the Law relating to Horse Pony Trotting and Dog Racing, the Registration of Bookmakers and their Clerks, and Totalizators.

[30th September, 1958.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Racing Act 1958, and shall short tine come into operation on a day to be fixed by proclamation of the mem and Governor in Council published in the Government Gazette, and d,v,slon-is divided into Parts and Divisions as follows:—

Part I.—Race-courses and Race-meetings ss. 3-37. Division 1.—Preliminary s. 3. Division 2.—Betting, &c, at Race-meetings

ss. 4—5. Division 3.—Regulation of Race-meetings

ss. 6-23. Division 4.—Issue of Licences, &c. ss. 24—32. Division 5.—Country Race-meetings ss.

33-35. Division 6.—Miscellaneous ss. 36-37.

334 1958. Racing. No. 6353

Part II.—The Trotting Control Board ss. 38-50.

Part III—Dog Racing ss. 51-83.

Division 1.—Restrictions on, and Licences for, Dog Racing ss. 52-68.

Division 2.—The Dog Racing Control Board ss. 69-76.

Division 3.—General Control of Dog Racing ss. 77-83.

Part IV.—Registration of Bookmakers and Bookmakers' Clerks ss. 84-95.

Part V.—Totalizators ss. 96-116.

Part VI.—Payments to Racing Clubs ss. 117-125. Division 1.—Payments to Country Clubs

s. 117. Division 2.—Payments to Racing Clubs

(including Dog Racing Clubs) ss. 118—125.

Repeal. 2 . ( 1 ) The Acts mentioned in the First Schedule to this Act Fta*d to the extent thereby expressed to be repealed are hereby repealed

accordingly.

( 2 ) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order application determination decision direction reconstitution licence permit registration authority consent certificate exemption approval disapproval appointment nomination condition term notice fee liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

1958. Racing. No. 6353 335

PART I.—RACE-COURSES AND RACE-MEETINGS.

DIVISION 1. PRELIMINARY.

3. (1) In this Part unless inconsistent with the context or imerpreution. subject-matter— No-6070 "•3-

" Board " means the Race-courses Licences Board under •* Board." this Part.

" Charitable purposes " means— pu oseS"18

(a) the aiding of any institution or benevolent society within the meaning of the Hospitals and Charities Act 1958 or, if approved for the purposes of this Part by the Chief Secretary by writing under his hand, of any hospital asylum institution or society affording charitable relief within the meaning of that Act which is exempted from the operation of that Act;

(b) the aiding of the funds of any public authority in Victoria engaged in research into the cause prevention or cure of disease in human beings; or

(c) the affording of charitable relief within the meaning of that Act to any diseased infirm incurable poor or destitute person or persons.

" Club" includes club society or other association by •• ciub." whatever name called.

" Conduct" includes conduct carry on manage or to assist -conduct." in doing any of these things.

" General Post Office Melbourne " means the post office " General situate at the corner of Bourke-street and Men^^nl" Elizabeth-street in the city of Melbourne.

" Mixed sports gathering " means a meeting for foot races •• Mixed sporti bicycle races or any other games exercises pastimes 8atherins-' or contests of a kind usually conducted carried on contested or decided on any land whatsoever to which persons are admitted either at all times or only at certain times whether on payment of an entrance fee or charge or otherwise for the purpose of taking part in or witnessing any such races games exercises pastimes or contests, but at which meeting—

(a) not more than four races (whether horse races or pony races or trotting races, or some or all of them) take place on any one day; and

336 1958. Racing. No. 6353

" Picnic race-meeting."

' Pony races."

" Prescribed.**

" Professional jockey."

" Racecourse." " Race-meeting."

"Regulations."

" Sporting contingency."

" Trotting race "

(b) in which four races no horse or pony ridden or driven by a professional jockey is permitted to take part; and

(c) the total value of the prizes in money (if any) given in respect of such races does not exceed Twenty-five pounds.

Picnic race-meeting " means a meeting at which— (a) no horse or pony ridden or driven by a

professional jockey is permitted to take part in any race at such meeting ; and

(b) no prize in money is given in respect of any horse race pony race or trotting race.

1 Pony races" or " Pony racing" means races under conditions limiting the height of any horse eligible to compete therein to any height not exceeding fourteen hands two inches.

' Prescribed " means prescribed by the regulations. 1 Professional jockey " means any person who—

(a) receives or has, during the five years before the picnic race-meeting or mixed sports gathering concerned, received any fee or reward in money or is or has during the said five years been in any way reimbursed (otherwise than by way of trophy of a non-pecuniary nature) for his services for riding or driving in any horse race pony race or trotting race whatsoever; or

(b) in connexion with the training of horses or ponies is or has during the said five years been employed in any capacity by a person who for fee or reward trains horses or ponies; or

(c) is or has during the said five years been either directly or indirectly engaged in the business of training horses or ponies for fee or reward.

' Race-course " means land used for race-meetings. ' Race-meeting " means meeting for the purpose of horse

or pony or trotting racing. ' Regulations " means regulations made by the Governor

in Council under this Part. ' Sporting contingency " includes any event or contingency

of or relating to any horse race or other race game sport or exercise.

' Trotting race " means a race in which each horse or pony competing moves at a gait generally known as pacing or trotting.

1958. Racing. No. 6353 337

(2) For the purposes of this Part— (a) any reference in this Part to the distance of a

race-course or a municipal district or part thereof from the General Post Office Melbourne shall be read and construed and take effect as if it were a reference to such distance measured according to the nearest practicable route (by road or railway or by road and railway, as the case may be) from such post office to such race-course or municipal district or part thereof;

(6) a match or race between two horses only shall not be deemed a race-meeting.

(3) In the construction of this Part a year shall be deemed to commence on the first day of August.

(4) Save as otherwise provided in this Part, any picnic race-meeting and any mixed sports gathering held on any land whatsoever in Victoria at which meeting or gathering any horse race pony race or trotting race is held shall be deemed to be a race-meeting for the purposes of this Part but if at a mixed sports gathering no horse race is held such gathering shall not be deemed to be a race-meeting notwithstanding anything in any permit issued.

Distance from General Post Office, how measured.

As to match between two horses only.

Construction of " year."

When certain gatherings deemed race-meetings.

DIVISION 2 . BETTING, &C, AT RACE-MEETINGS.

4. (1) Notwithstanding anything contained in Part IV. of the Betting at Police Offences Act 1958 the mere fact of persons betting by way S i ' 8 " " of wagering on any licensed race-course during the holding of a NO.6070S.4. race-meeting thereon on any horse pony or trotting race shall not be a contravention of the provisions of that Part and shall not be a ground for such race-course or any part thereof being deemed or declared to be or to be used as a common gaming house or place.

(2) In this Division references to licensed race-courses shall be deemed to include references to lands otherwise authorized for the holding of race-meetings thereon pursuant to this Part.

Extended meaning of "' racecourse."

or 5. (1) The committee or other managing body of any club J5.u,1jfafj

nms

association conducting race-meetings on any race-course aiSufbusmess licensed under this Part may with the approval of the Governor in Council make alter or rescind rules and regulations for—

(a) the permitting of persons (approved by such committee or body) to carry on any business or vocation on any part of such race-course and prescribing the terms and conditions under which they may so carry on any such business or vocation upon payment of the fees or charges fixed by such rules or regulations; and

at racecourses, bookmakers Ac. No. 6070 s. 5.

3:18 1958. Racing. No. 6353

Substitute bookmaker?' licences and permits.

(b) the preventing of persons not so approved and permitted or of persons offending against such rules or regulations from carrying on any business or vocation upon any part of such race-course and the removing of such persons therefrom:

Provided that on any race-course no person shall carry on or be licensed or permitted to carry on the business or vocation of a bookmaker except on such parts of such race-course as are specially set apart for that purpose, and no bookmaker or person carrying on the business or vocation of a bookmaker shall bet with youths apparently under the age of twenty-one years or with females.

(2) Every person who in contravention of this section carries on the business or vocation of a bookmaker as aforesaid, or bets with youths or with females as aforesaid shall be guilty of an offence.

(3) Any power under sub-section (1) of this section or under any Act to make rules or regulations with respect to any licence or permit to any person to carry on the business or vocation of a bookmaker shall include a like power with respect to the issue of a substitute licence or substitute permit to any approved person nominated by the bookmaker to act during his illness, subject to any conditions prescribed by such rules or regulations, on behalf and instead of such bookmaker for any specified period during the currency of the original licence or permit of such bookmaker.

(4) The person to whom any substitute licence or substitute permit aforesaid is issued shall during the currency thereof be subject to the provisions of this Act and of every other Act in all respects as if he were a bookmaker being the holder of a licence or permit (other than a substitute licence or substitute permit) issued pursuant to any law in that behalf.

Licensing ot race-courses. No. 6070 s. 6.

DIVISION 3.—REGULATION OF RACE-MEETINGS.

Limitation of Meetings.

6. No race-meeting shall be held except on a race-course which is licensed under this Part for horse races or for trotting races.

Limitation of metropolitan race-meetings. No. 6070 s. 7.

Second Schedule.

7. (1) No race-meeting for horse races or for trotting races shall be held on any race-course within thirty miles of the General Post Office Melbourne on more days in any one year than the number specified in the licence which number shall in the case of race-meetings for horse races, be not more than that specified with respect to such race-course in the Second Schedule to this Act.

1958. Racing. No. 6353 339

(2) No race-meeting for pony races shall be held on any Pony races, race-course within thirty miles of the General Post Office Melbourne.

(3) No race-meeting for trotting races shall be held on any Trotting races, race-course within thirty miles of the General Post Office Melbourne which is licensed for horse races.

8. (1) No race-meetings shall be conducted on any Limitation of race-courses within thirty miles of the General Post Office hlfnt0c bUan

Melbourne by hunt clubs other than those specified in the said race-meetings. Second Schedule. NO.607O8.8.

(2) No race-meetings shall be conducted by hunt clubs specified in the said Second Schedule on any race-courses aforesaid second on more days in any one year than the number specified with Schedule-respect to such hunt clubs in the said Second Schedule but no such hunt club shall hold more than one such race-meeting in any one year.

9. No race-meeting for horse races shall be held on any Limitation of race-course not being within thirty miles of the General Post Office race-meetings. Melbourne on more days than the number allowed in the licence NO.607O8.9. for such race-course, such number not being more than twelve days in any one year.

10. Subject to this Division a licence for trotting race-meetings AS to different or a licence for race-meetings conducted by hunt clubs as provided race-meetings by the said Second Schedule may be granted to any race-course %££££ whether a licence for horse race-meetings has or has not been NO.6070S. 10. issued therefor, and without regard to the number of days allowed fS£S!Jie, for horse racing thereon.

11. (1) Before any race-meeting for horse races is conducted Approval of outside a radius of thirty miles of the General Post Office S S " " 0 " Melbourne the race-course shall be approved by The Victoria race-meeungs. Racing Club and the district racing association (if any) of the district in which such course is located.

No. 6070 s. 11.

(2) Before any race-meeting for trotting races is conducted outside a radius of thirty miles of the General Post Office Melbourne the race-course shall be approved by the Trotting Control Board:

Provided that if the race-course has already been approved by The Victoria Racing Club for horse races the approval of the Board shall not be necessary.

340 1958. Racing. No. 6353

Races at Meetings.

what kinds of 12 . ( 1 ) At any race-meeting for horses lawfully held there races allowed. No. 6070 s. 12.

may also be held on each day not more than two pony races or trotting races or than one pony race and one trotting race.

(2) At any trotting race-meeting no horse race or pony race shall be held.

(3) Except in the case of a trotting race held by an agricultural society pursuant to the provisions of this Division, where a race at any race-meeting is divided into heats or divisions a deciding race between the winners of the heats or divisions shall not be held at that meeting.

Days and Hours of Meetings.

Days tot 13« Except in the case of race-meetings held on the nce^ee'iinSi. Cranbourne race-course or the Werribee race-course and of No. 6070 s. 13. trotting races held by an agricultural society pursuant to the

provisions of this Division, no race-meeting shall be held within thirty miles of the General Post Office Melbourne on any day other than—

(a) a Saturday; or (b) a day which is declared or appointed by or under

section sixty-seven of the Public Service Act 1958 to be a public holiday throughout Victoria or within the municipalities referred to in the Fourth Schedule to that Act; or

(c) in the case of horse races on the Flemington race-course conducted by The Victoria Racing Club—

(i) the Thursday following the first Tuesday in November; and

(ii) one Wednesday, approved by the Chief Secretary, in the last week of February or in March; or

(d) in the case of horse races conducted by hunt clubs second referred to in the Second Schedule to this Act

one Wednesday, approved by the Chief Secretary, in July; or

(e) in the case of horse races on the Caulfield race-course conducted by the Victoria Amateur Turf Club, the Wednesday preceding the Caulfield Cup in October:

Provided that, where the Chief Secretary is satisfied that owing to circumstances beyond the control of the club authorized to hold any race-meeting referred to in paragraphs (c) (d) or (e) of

Schedule.

1958. Racing. No. 6353 341

this section it is not possible to hold such meeting on the day appointed therefor, he may authorize the meeting to be held on a later day, whether or not a day referred to in this section:

Provided further that the Chief Secretary may grant permission for not more than two special charity race-meetings in all to be held in any one year on the Cranbourne or Werribee race-courses on a Saturday or public holiday (declared or appointed as aforesaid) when available; and not less than forty per centum of the total proceeds of any such race-meeting shall be devoted to charitable purposes approved by the Chief Secretary.

14. No race-meeting shall be held except between the hours Hours for

of ten o'clock before noon and seven o'clock in the evening: Provided that the provisions of this section, so far as they

relate to the hours for holding trotting races, shall not apply with respect to any trotting races held at the annual show of any agricultural society approved for the purpose by the Chief Secretary or, in the case of other trotting races, to the extent specified in the licence for the race-course concerned.

holding race-meetings. No. 6070 s. 14.

15. Subject to this Part the dates upon which any Fixing date* race-meetings on any race-course in Victoria may be held shall be me/unS. such dates as—

(a) in the case of race meetings for horses—are fixed by and under the rules for the time being in force of The Victoria Racing Qlub; or

in the case of trotting race-meetings—are fixed by and under the rules for the time being in force of the Trotting Control Board—

and in the fixing of dates as aforesaid the same shall be spread, as far as practicable, throughout the whole year.

(&)

No. 6070 9. 15; No. 6112 s. 2.

Total Number of Meetings.

16. Not more than a total number of— (a) four hundred race-meetings for horse races; or

Total number of race-meetings

(b) one hundred and fifty race-meetings for trotting races throughout of which not more than fifty shall be held before No?6070».i«i seven o'clock in the evening—

shall be held in any year on all race-courses in the area comprising all parts of Victoria which are not within thirty miles of the General Post Office Melbourne:

Provided that in calculating the number of such race-meetings picnic race-meetings and mixed sports gatherings shall not be taken into account.

342 1958. Racing. No. 6353

Transfer of Meetings, &c.

Provision for transfer of metropolitan race-courses in certain cases. No. 6070 8.17. Second Schedule.

17. (1) Where the club association or body of persons (other than a hunt club) conducting race-meetings on any race-course specified in the Second Schedule to this Act satisfies the Chief Secretary that it is impossible or impracticable or inexpedient to continue to hold race-meetings on such race-course he may with the consent of the Governor in Council authorize such club association or body to hold race-meetings on any other land approved by the Governor in Council situate within thirty miles of the General Post Office Melbourne.

Substitution for name of race-course in Second Schedule.

(2) Such land when approved as aforesaid, shall under such name as the Governor in Council designates be, by proclamation of the Governor in Council published in the Government Gazette, substituted in the said Second Schedule for the first-mentioned race-course, and be deemed to be a race-course accordingly, and the provisions of this Part shall be read and construed and take effect accordingly.

Number of race-meetings where such land is a racecourse included in the Second Schedule.

(3) Where such land is a race-course included in the said Second Schedule the number of race-meetings allowed under that Schedule by the licence for the race-course shall be increased by adding thereto the number of race-meetings allowed under that Schedule by the licence for the race-course for which such land is substituted under this section, and the provisions of this Part shall be read and construed and take effect accordingly.

Allotting of race-meetings where racecourse included in Second Schedule is discontinued.

(4) Where all race-meetings are discontinued (otherwise than under the preceding provisions of this section) on any race-course which is included in the said Second Schedule, the number of race-meetings allowed under that Schedule by the licence for the race-course may be allotted among all or some or any of the other race-courses included in that Schedule in such manner as the Governor in Council thinks fit, and that Schedule shall with such adaptations as are necessary be read and construed and take effect accordingly.

Provision when races not held. No. 6070 s. 18.

18. Where on any of the number of days for which race-meetings are allowed in the licence for a race-course it is found impossible or impracticable to hold any appointed or particular race-meeting on such course the Chief Secretary may if satisfied of such impossibility or impracticability with the consent of the owners or trustees of the race-course hereinafter referred to authorize on such conditions as he thinks fit the holding of race-meetings on such days as he may fix on any specified race-course whatsoever irrespective of the number of days on which in the licence for such race-course race-meetings are allowed to be held thereon.

1958. Racing. No. 6353 343

Exceptions.

19. Notwithstanding anything to the contrary in this Part Picnic any club or association or body of persons may with the previous a^mSed"88

consent in writing of the Chief Secretary or of any person duly Sphering* in authorized in that behalf by the Chief Secretary (whether """"^ ,„

ii • *• i \ J 1 r *u No. 6070 s. 19. generally or in any particular case) and on payment of the prescribed fee hold a picnic race-meeting (if the same is registered by and under the rules for the time being in force of The Victoria Racing Club) or a mixed sports gathering on any land whatsoever not being within thirty miles of the General Post Office Melbourne, approved by the Chief Secretary or any authorized person aforesaid for the holding of such meeting or gathering on any specified day.

20. Notwithstanding anything to the contrary in this Part any Point-to-poim hunt club may with the previous consent in writing of the Chief n^b^SS8

Secretary hold point-to-point steeplechase races for horses on any 0*6070 * 20 land whatsoever approved by the Chief Secretary for the holding of such races on any specified day, and nothing done or omitted in pursuance of and in conformity with such consent shall be deemed an offence under any provision of this Part, but nothing in this section shall relieve any person concerned in holding a point-to-point steeplechase in pursuance of any such consent from any civil liability which he has incurred by reason of having been so concerned.

2 1 . (1) Notwithstanding anything to the contrary in this charitable Part the Chief Secretary may permit the owners or trustees of any Sfmetro 1188

race-course within thirty miles of the General Post Office ESSourses Melbourne to hold race-meetings on such race-course, in excess £atutwyot

of the statutory number, for any charitable or benevolent purpose "umber, but not exceeding three in the whole for all such race-courses No-6070s-21-in any one year.

(2) The Hospitals and Charities Commission shall on or before the first day of August in each year forward to the Chief Secretary a list of institutions to participate in the distribution of the profits from such meetings, and the proportion in which each should share:

Provided that at least fifty per centum of such profits shall be distributed among institutions which are situated not less than twenty miles from the General Post Office Melbourne.

(3) The net profit from any such meeting shall be paid by the racing club conducting it within a period of two months from the date on which it was held into a fund to be kept in the Treasury and, prior to the thirty-first day of July in each year, the amount in such fund shall be paid in accordance with the proportion set forth in the relevant list aforesaid.

.344 1958. Racing. No. 6353

(4 ) The Victoria Racing Club may hold one race-meeting in each year on any of such race-courses in excess of the statutory number for such race-courses and the net revenue of such race-meeting shall be paid into the funds of the association known as The Victoria Racing Club Benevolent Fund Association.

Trotting races 22 . Notwithstanding anything to the contrary in this Act or shows, the Police Offences Act 1958— No. 6070 s. 22. ^ ^ aiding 0f noi more than three trotting races or

(in the case of the Royal Agricultural Society of Victoria) not more than four trotting races (of which not more than two shall be held before seven o'clock in the evening and not more than two shall be held after seven o'clock in the evening) on any one day at the annual show of any Agricultural Society approved for the purpose by the Chief Secretary shall not be unlawful if—

(i) a permit in writing has been obtained from the Chief Secretary by such Society and a fee (not exceeding One pound) prescribed by the Chief Secretary has been paid thereon;

(ii) the total amount of the prize or prizes in money (if a n y ) —

(in the case of the Royal Agricultural Society of Victoria) given in respect of all such races on any day does not exceed the sum of Three hundred pounds; or

(in the case of any other Agricultural Society) given in respect of any of such races on any day does not exceed the sum of Fifty pounds; and

(iii) such races are registered by and under the rules for the time being in force of the Trotting Control Board and in accordance with the conditions (if any) contained in the said permit;

(6) races held in accordance with the foregoing provisions of this section shall not—

(i) for the purposes of this Part and section one hundred and six of the Police Offences Act 1958 be deemed to be a race-meeting; and

(ii) for the purposes of Division seven of Part IV. of the Police Offences Act 1958 be deemed to be sports; and

1958. Racing. No. 6353 345

(c) every person who (whether on any of such races or on any other sporting contingency) on the land on which such show is being held or on any place adjacent thereto whether on his own behalf or for any other person wagers or bets or offers to wager or bet or pays or offers or promises to pay any wager or bet shall be liable to a penalty of not more than Fifty pounds for every such offence.

Unlawful Meetings. 23. If any race-meeting is held in contravention of this Part

the owner or trustees of the race-course and the club association or person by or on behalf of which or whom such race-meeting was so held and each member of the managing body or committee of such trustees club or association and any person acting at such race-meeting as steward starter or judge shall be liable to a penalty of not more than Five hundred pounds, but no person shall be liable if it is shown that he did not act wilfully in contravention of this Part.

DIVISION 4 . ISSUE OF LICENCES, &C.

General.

24. (1) Licences under this Part shall be issued— (a) in the case of race-courses being within thirty miles NO.6OTOS.24.

of the General Post Office Melbourne, by the Chief Secretary; and

(6) in the case of other race-courses, by the Race-courses Licences Board under this Part—

in such form and on such terms and conditions as may be prescribed:

Provided that no such licence shall be issued in respect of any race-course unless the race-meetings (other than mixed sports gatherings) to be held thereon are registered—

(i) by and under the rules for the time being in force of The Victoria Racing Club—in the case of race-meetings for horse races or pony races; or

(ii) by and under the rules for the time being in force of the Trotting Control Board—in the case of trotting race-meetings.

(2) A licence may at any time be cancelled by the Governor cancellation in Council for any good cause. of licence-

Penalty for holding unauthorised race-meeting. No. 60701.23.

http://no.6otos.24

346 1958. Racing. No. 6353

Map of race-course. No. 6070 o. 25.

25. With each application for a first licence for a race-course the applicant shall furnish the Chief Secretary with a map or plan thereof on such scale as is prescribed by the regulations and showing the running-course and the length thereof and with such information regarding the accommodation afforded to the public as may be required by the regulations.

Rules of the club. No. 6070 s.2«.

26. (1) Before a licence authorizing any club to conduct a race-meeting is issued there shall be submitted to the Chief Secretary for his approval a copy of the rules constituting the club and prescribing the conditions under which the club may use the race-course upon which its meetings are to be conducted.

(2) Any club which changes its constitution or the conditions under which it may use a race-course shall submit such alteration for the approval of the Chief Secretary within twenty-eight days of such alteration and shall not conduct a race-meeting until notification of such approval has been given.

Fee for licence. No. 6070 a. 27.

27. For each licence under this Part there shall before the issue thereof be paid into the Consolidated Revenue a fee of One pound.

Licences to operate from 1st August-No. 6070s. 2a

28. (1) All licences for race-courses in Victoria issued under this Part shall be issued for the period beginning on the first day of August in the year of issue and ending on the thirty-first day of July following.

(2) Notwithstanding anything in this Part, in the case of any race-course being within thirty miles of the General Post Office, Melbourne, the Chief Secretary may, or, in the case of any other race-course in Victoria, the Board may, during the month of August in any year, authorize a race-meeting to be held on such race-course pending the issue of a licence therefor.

(3) Any day upon which a race-meeting is held under such an authority on such race-course shall be counted in the number of days allowed in the licence; and the provisions of this Part shall during the currency of the authority apply as if the race-course were a licensed race-course.

Licences not to authorize benefit meetings. No. 6070 s. 29.

29. (1) A licence for a race-course shall not authorize the conduct of a race-meeting from the profits of which any person receives a direct financial benefit.

(2) Payment to an official of the club for his services at a meeting shall not be deemed to be a direct benefit for the purposes of this section.

1958. Racing. No. 6353 347

30. (1) The number of licences for race-courses situate Limitation of within forty miles of the General Post Office Melbourne shall not metropolitan exceed the number of race-courses so situated and in use for SceliSd!™63

race-meetings within the twelve months next preceding the first No.6070s.30. day of August One thousand nine hundred and six.

(2) The number of licences for race-courses situate within Ballarat and twenty miles of the principal post-offices at Ballarat and Bendigo race-course*. shall not exceed the number of race-courses so situated and in use for race-meetings within the twelve months aforesaid.

Licences, &c, for Country Courses, &c.

31. With respect to race-courses not being within thirty miles of the General Post Office Melbourne and race-meetings on such race-courses, the following provisions, in addition to other provisions of this Part which are applicable, shall have effect:—

(a) All applications for licences for such race-courses— (i) shall be in the prescribed form and contain

the prescribed particulars; and (ii) shall be made annually to the Board at the

places and not later than the dates prescribed for the respective race-meetings districts;

(b) Every licence for a race-course shall be issued under the hand of the chairman of the Board, and shall specify—

(i) the number of days allotted by the Board pursuant to this Part on which race-meetings for horse races pony races or trotting races (other than horse races pony races or trotting races for charitable purposes) may be held on such race-course; and

(ii) by what person or persons or body or bodies of persons such race-meetings for horse races pony races or trotting races or any of them are or is to be held; and

(iii) in the case of race-meetings for trotting races, the extent to which such race-meetings may be held after the hour of seven o'clock in the evening;

(c) A race-meeting for charitable purposes may not be held on a race-course except under a permit issued by the Board: Provided that nothing in this Part shall affect the provisions of section eighty-six of the Hospitals and Charities Act 1958;

Licences, &c, for racecourses beyond metropolitan area. No. 6070 s. 31. Applications for licences.

Issue and contents of licences.

Race-meetings under permits.

http://No.6070s.30

348 1958. Racing. No. 6353

Form, «c., of (d) Every application for such a permit— applications J r r r

pem"£ (*) s n aM ^e m ^ e prescribed form and contain the prescribed particulars and be accompanied by the prescribed fee;

(ii) shall be made annually to the Board at the places and not later than the dates prescribed for the respective race-meetings districts; and

(iii) shall be made to the Board— by some person authorized in writing

by the hospital asylum institution or society proposed to be aided; or

by the persons who are making arrangements for the charitable relief of the person or persons for whose benefit the proposed race-meeting is to be held;

Form. &c., of (e) Every such permit — such permits. * *

( i ) shall be in the form and contain the conditions prescribed and such further conditions as the Board thinks fit;

(ii) shall be signed by the chairman of the Board; and

(iii) may at any time be withdrawn by the Board.

Licences for Certain Trotting Race-meetings.

kotun" ,or ^ * (1 ) T ^ Chief Secretary may, subject to and in rare-meetiiiss accordance with this Act, issue to the Trotting Control Board in Trouinp respect of one ground, namely the Royal Agricultural Showgrounds Board? or such other ground as may be approved by the Governor in NO. 6070 s. 32. Council, an annual licence authorizing the holding thereat of such

number of trotting race-meetings as is specified in the licence, but such number of trotting race-meetings shall not in any period of twelve months exceed twenty-six plus not more than six trotting race-meetings held for any charitable benevolent or other special purpose: Provided that notwithstanding anything in this Act the Chief Secretary may by permit in writing authorize in any period of twelve months and subject to such conditions as he thinks fit the holding of not more than four further trotting race-meetings for any other special occasion specified in the permit.

( 2 ) To the extent specified in the licence such trotting race-meetings may be held after the hour of seven o'clock in the evening.

1958. Racing. No. 6353 349

(3) Notwithstanding anything in this Act any such trotting race-meeting so authorized to be held and held after the hour of seven o'clock in the evening may be held on any day of the week, other than Sunday Good Friday Anzac Day and Christmas Day, fixed by and under the rules of the Trotting Control Board.

(4) Except in the case of trotting races held at the annual show of any Agricultural Society (including the Royal Agricultural Society of Victoria) no trotting races shall be held within thirty miles of the General Post Office Melbourne, except in accordance with a licence issued under this section to the Trotting Control Board.

(5) Any trotting race-meeting authorized pursuant to sub-section (1) of this section for charitable benevolent or other special purposes shall not be included in computing the number of race-meetings for charitable or benevolent purposes under section twenty-one of this Act and any reference in the said section to race-meetings shall be construed as excluding a reference to trotting race-meetings.

DIVISION 5. COUNTRY RACE-MEETINGS.

Race-meetings Districts.

3 3 . For the purposes of this Part, so far as it relates to Race-meetings race-courses not being within thirty miles of the General Post Office beyon" Melbourne, the following provisions shall have effect:— Sea.0"0"""1

{a) Victoria is hereby divided into the race-meetings No.6070s.33. districts named in and comprising respectively to the extent provided by this section the municipal districts specified in the Third Schedule to this Third A c t . Schedule.

Provided that where any municipal district specified in or added to the said Third Schedule is partly within and partly not within thirty miles of the General Post Office Melbourne, only such part of the municipal district as is not within thirty miles of the General Post Office Melbourne shall be included in any race-meetings district specified in or added to the said Third Schedule;

(b) The Governor in Council may from time to time by PomTJ° , , • • i i - i j - i ^ ^ ^, J amend Thlid

proclamation published in the Government Gazette schedule b> amend the Third Schedule to this Act (as on from proclamaUon-and after the date of the proclamation or such later date as is specified in that behalf in the proclamation)—

(i) by adding to the said Third Schedule the name and description of any new race-meetings district and making the necessary adaptations in the said Third Schedule accordingly; or

http://No.6070s.33

350 1958. Racing. No. 6353

(ii) by adding to the description of any race-meetings district specified in or added to the said Third Schedule the name of any municipal district which or any part of which is not within thirty miles of the General Post Office Melbourne, or by removing from such description the name of any municipal district—

and the said Third Schedule as so amended shall have the same force and effect as if such amendment had been enacted in this Act; and a copy of every proclamation under this paragraph shall be laid before both Houses of Parliament as soon as may be after it is made;

(c) The Chief Secretary shall before the beginning of each year determine the total number of all race-meetings (except picnic race-meetings and mixed sports gatherings) for horse races pony races and trotting races respectively which may be allowed to be held on all race-courses in any such race-meetings district in such year and the number of such race-meetings so determined which may be held for charitable purposes:

Provided that in respect of any such race-meetings district the total number of race-meetings for horse races so determined shall not be less than the number of race-meetings for horse races held in such race-meetings district during the year which began on the thirty-first day of March One thousand nine hundred and twenty-eight by all clubs associations and bodies of persons registered by and under the rules for the time being in force of The Victoria Racing Club.

Race-courses Licences Board.

Race-courses 34 . For the purposes of this Part, so far as it relates to Bo rd?8 race-courses not being within thirty miles of the General Post NO.6070s.34. Office Melbourne, the following provisions shall have effect:—

(1) There shall be a Board (to be called the " Race-courses Licences Board " and in this Part referred to as " the Board ") which shall consist of—

(a) the Under Secretary (or the person for the time being performing the duties of Under Secretary) who shall be the chairman of the Board and preside at every meeting thereof; and

Chief Secretary to determine number of race-meetings allowed annually in each race-meetings district.

1958. Racing. No. 6353 351

(b) two other members as hereinafter provided who may be appointed and removed by the Governor in Council.

(2) The members of the Board (other than the chairman Members of thereof) shall be— Board'

(a) one person who shall be a person with a general knowledge of horse racing interests throughout Victoria and shall be nominated by the Chief Secretary after consultation with the chairman of The Victoria Racing Club and shall hold office for a term of three years; and

(b) one other person who shall be—

(i) in respect of any matter within the powers of the Board (other than the allotment of the number of race-meetings for trotting races) relating to any particular race-meetings district but not otherwise— the person whose name is on the panel hereinafter mentioned and for the time being in force in respect of such district; or

(ii) in respect of the allotment of the number of race-meetings for trotting races in any race-meetings district but not otherwise—a person who shall be nominated by the Chief Secretary as representing in his opinion the trotting racing interests of all the race-meetings districts—

and shall hold office for a term of three years.

(3) The powers of the Board shall be— SSes™?"d

(a) to consider applications for licences for race-courses situate in any race-meetings district and to issue such licences;

(b) after considering any recommendation of the committee of the district association of clubs associations or bodies of persons

1958. Racing. No. 6353

conducting race-meetings in the race-meetings district concerned to allot in each year among the race-courses in any race-meetings district the number of race-meetings (including race-meetings which may be held for charitable purposes) for horse races pony races and trotting races respectively determined by the Chief Secretary under this Part to be allowed in respect of that year in such race-meetings district:

Provided that in allotting the race-meetings amongst the race-courses in each race-meetings district the Board—

(i) shall out of the race-meetings for horse races pony races and trotting races determined as provided in the last preceding section by the Chief Secretary allot in each year for each race-meetings district three race-meetings for any benevolent or educational purposes; and

(ii) shall also allot in each year to each race-course, upon which a race-meeting or any number of race-meetings registered in the year which began on the thirty-first day of March One thousand nine hundred and twenty-eight by and under the rules for the time being in force of The Victoria Racing Club was or were held in that year for benevolent or educational purposes, a race-meeting or (as the case may be) a like number of race-meetings (registered by and under the rules for the time being in force of the said Club) for the like purposes; and

(c) such other powers and duties as are conferred or imposed on the Board by or under this Part.

1958. Racing. No. 6353 353

35. With respect to the Board the following provisions shall have effect:—

Provisions relating to the Board. No. 6070 s. 35. Panel of persons from which member of Board representing race-meetings districts is to be taken. Third Schedule.

(a) The Chief Secretary from time to time shall cause to be prepared a panel containing the names of as many persons as there are for the time being race-meetings districts included in the Third Schedule to this Act (that is to say, one person in respect of each race-meetings district) such persons being selected by him from persons nominated (in the manner prescribed by the regulations) by racing associations or bodies of persons which in his opinion represent the racing interests of the several race-meetings districts, and the Governor in Council may at any time remove any name from the panel and insert thereon the name of any other person selected by the Chief Secretary from persons nominated as aforesaid in respect of the race-meetings district concerned;

(b) The panel aforesaid, subject to any alteration thereof in accordance with this section, shall remain in force for three years but any person whose name appears thereon shall be eligible to have his name selected as aforesaid and inserted on any subsequent panel, if he is duly nominated therefor;

(c) If at any time any association or body aforesaid fails neglects or refuses to nominate any person for selection by the Chief Secretary for insertion on the panel aforesaid in respect of any race-meetings district, the Governor in Council may without nomination authorize the insertion of the name of any person on such panel and the name of the person so inserted thereon shall for all purposes be deemed to have been duly inserted on such panel in respect of such district;

(rf) If any member of the Board who was nominated by the Chief Secretary is removed or resigns or dies his seat shall thereupon become vacant, and the Governor in Council may appoint another eligible person to fill the vacancy, and such person shall hold office as long as the person in whose place he was appointed would have held office had he continued in office and no longer;

(e) During any vacancy in the Board the continuing Actsdurini members subject to there being a quorum may act Yacancy-as if no vacancy had occurred;

(/) A quorum of the Board shall consist of not less than Quorum, two members;

Vacation ot Office.

VOL. VII.—12

354 1958. Racing. No. 6353

Voting.

Meetings.

(g) At any meeting of the Board the chairman of the Board shall have a second or casting vote;

(ft) The Board shall meet at such times and places as are fixed by the chairman of the Board.

Power to make regulations. No. 6070 s. 36.

Publication.

DIVISION 6.—MISCELLANEOUS.

Regulations. 36. (1) The Governor in Council may make regulations for

or with respect to— (a) the nomination of persons from whose names names

may be selected for insertion in any panel under this Part;

(b) regulating the conduct of the business of the Board; (c) licences and permits and applications therefor and

reasonable fees for permits; {d) reasonable expenses to be payable to members of the

Board; and (e) generally, any matter or thing which is authorized or

required to be prescribed or necessary or convenient to be prescribed for carrying into effect the purposes of this Part.

(2) All regulations under this section shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the publication thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

No right to compensation. No. 6070 s. 37.

Saving. 37. It is hereby declared that no person or body of persons

corporate or unincorporate shall have any right to compensation for any loss or damage whatsoever by reason of the operation of this Part or of any Act passed in this or in any futurs session of Parliament relating to the subject-matter of this Part.

Interpretation. No. 6070 s. 38.

" Board."

" Practising public accountant."

"Regulations:"

PART II.—THE TROTTING CONTROL BOARD.

38. In this Part unless inconsistent with the context or subject-matter—

" Board " means the Trotting Control Board constituted under this Part.

" Practising public accountant" means member in public practice of any body of accountants or auditors approved by the Governor in Council for the purposes of this Part.

" Regulations " means regulations made by the Governor in Council pursuant to this Part.

1958. Racing. No. 6353 355

" Rules " means rules made by the Board pursuant to this " Rules-" Part.

"Trotting club" means any person or body corporate ^Jj<Stta« or unincorporate approved by the Board who or which conducts trotting races, and includes the Board.

39. (1) There shall be a Trotting Control Board constituted constitution , . . . . . of Board.

as hereinafter provided. No. 5070 ss. 39. 44;

(2) The Board shall consist of seven members of whom— SiaM3). (a) one shall be appointed by the Governor in Council

and shall be the chairman of the Board; (b) three shall be appointed by the Governor in Council

on the nomination of the executive committee of the Royal Agricultural Society of Victoria; and

(c) three, of whom two live not less than forty miles from the Post Office at the corner of Bourke and Elizabeth streets, Melbourne, shall be appointed by the Governor in Council from a panel of the names of not less than five persons (of whom not less than three live beyond the said radius) submitted to the Minister in writing by the executive committee of the Metropolitan and Country Trotting Association of Victoria.

(3) If for any reason either of the bodies mentioned in sub-section (2) of this section does not within fourteen days after receiving a request in writing in that behalf from the Minister—

(a) in the case of the Royal Agricultural Society of Victoria—nominate in writing to the Minister the appropriate number of persons as aforesaid;

(b) in the case of the Metropolitan and Country Trotting Association of Victoria—submit to the -Minister a panel of names of qualified persons as aforesaid—

the Governor in Council may without such nomination or submission appoint otherwise qualified persons as members, and the persons so appointed shall for all purposes be deemed to be duly appointed.

(4) Each member of the Board shall be severally entitled to Travelling receive such travelling expenses fees or salaries as are prescribed e^p«nsesand

by the regulations.

40. (1) Subject to this Part the members of the Board shall Term of hold office for the term of three years from the date of appointment NO.C«>70t.4a and shall be eligible for re-appointment.

(2) The Governor in Council may at any time determine the appointment of amy member of the Board.

356 1958. Racing. No. 6353

Vacancies. No.C070s.41.

Who to preside. No. 6070 s. 42; No. 6092 s . 3 ( 4 ) .

Quorum.

Casting vote.

Procedure.

Secretary and officers of Board. No. 6070 s. 43.

Function of Board. No. 6070 s. 45.

41. (1) The office of any member of the Board shall become vacant—

(a) at the expiration of his term of office; (b) if he dies; (c) if he is incapable of continuing a member; (d) if he resigns in writing under his hand addressed to

the Governor in Council; (e) if without leave granted by the Minister he fails to

attend three successive meetings of the Board; or (/) if his appointment is terminated by the Governor in

Council. (2) If the office of a member of the Board becomes vacant

otherwise than by the retirement of such member at the expiration of his term of office a qualified person shall in accordance with this Part be appointed to fill the extraordinary vacancy.

(3) Any person appointed to fill such extraordinary vacancy shall subject to this Part be entitled to hold office for the remainder of the term of office of the person in whose place he is appointed.

42. (1) The chairman shall preside at all meetings of the Board and in his absence such member of the Board as is chosen by the members present to be chairman of the meeting shall preside.

(2) A quorum of the Board shall consist of four members. (3) During any vacancy in the office of member the

continuing members may, subject to there being a quorum, act as if no vacancy had occurred.

(4) In the case of an equality of votes at any meeting of the Board the chairman of the meeting shall have a second or casting vote.

(5) Subject to this Part the Board may regulate its own procedure..

43. (1) The Board shall appoint some fit and proper officer to be secretary to the Board and such other officers as are required.

(2) The secretary shall keep records of all meetings of the Board and perform such other duties as the Board directs.

44. The function of the Board is— (a) to control the sport of trotting; (6) to conduct trotting races at the Royal Agricultural

Showgrounds, Melbourne, or as otherwise duly authorized; and

(c) to exercise such powers functions and duties as are conferred on the Board by or under this or any other Act

http://No.C070s.41

1958. Racing. No. 6353 357

45. The Board may in respect of the whole of Victoria Ul Registration,

accordance with the rules— feiSfSS" (a) register refuse to register or deregister any trotting partSc'ipaiing

club horse owner trainer driver or rider; No'.'scrlos' 46 (b) charge and take for any such registration the fees

prescribed therefor by the rules; (c) disqualify or suspend from participating in trotting

races any club horse or person; (d) exclude from participation in trotting races any club

horse or person which or who is not registered as required by the rules or is under disqualification or suspension pursuant to the rules;

(e) fine or otherwise punish any club or person offending against the rules—

and any decision of the Board in relation to any of the above matters shall be final and without appeal.

46. (1) The Board shall establish a fund to be called the Trotting Control Board Fund ".

(2) There shall be paid into the said fund all moneys received by the Board, including fines under the rules, other than moneys required to be paid into the Trotting Race-course Development Fund as hereinafter provided.

(3) (a) The said fund shall be applied by the Board to meet any expenses incurred by the Board in performing any functions under this or any other Act (including payments to members and officers of the Board).

(b) The amount of any rent and other charges payable by the Board to the Royal Agricultural Society of Victoria for use or occupation of the Royal Agricultural Showgrounds, Melbourne, or any part thereof for the purpose of conducting trotting races shall be such amount as is approved by the Governor in Council.

(4) Any surplus of the said fund may be applied at the discretion of the Board for the benefit of trotting clubs.

(5) The Board shall establish a fund to be called the " Trotting Race-course Development Fund."

(6) There shall be paid into the said Fund an amount equal to One per centum of the gross revenue derived by the Board from all trotting race-meetings conducted by the Board other than race-meetings held for charitable benevolent or other special purposes.

(7) The moneys in the said Fund shall be applied towards the development of race-courses used for trotting race-meetings and situated not less than thirty miles from the Post Office at the corner of Bourke and Elizabeth streets, Melbourne.

Trotting Control Board Fund and finances of Board. No. 6070 s. 47; No. 6092 s. 6. Payments Into fund.

Application of fund.

Application of surplus.

Trotting Race-course Development Fund.

358 1958. Racing. No. 6353

47. (1) The Board shall on or before the thirtieth day of September in each year furnish to the Minister a report of the proceedings of the Board during the year ending on the preceding thirty-first day of July and each such report shall contain a full account of the income and expenditure of the Board audited by a practising public accountant to be appointed by the Governor in Council.

cost of audit. (2) The Board shall pay each year to the practising public accountant so appointed an amount to be determined by the Governor in Council to defray the costs and expenses of the audit under this section.

48. (1) The Agreement entered into pursuant to the Trotting Races Act 1957 and substantially in the form and to the effect of the Schedule to that Act between the trustees of the Royal Agricultural Society of Victoria and the Board shall have effect according to the tenor thereof but, having regard to changes in circumstances, may by agreement between the parties thereto be altered at any time with the consent of the Governor in Council so far as it relates to conditions of use, including payments for the use, of the Royal Agricultural Showgrounds or any part thereof.

Government (2 ) (a ) If the Board is at any time unable to meet any vanees. payments under the agreement so entered into the Treasurer may

subject to such terms and conditions as he thinks fit advance from the Public Account to the Board such moneys as are necessary to meet such payments, and any money so advanced shall be a charge on the funds of the Board and shall be repaid by the Board when funds are available.

(b) Any such advance shall be made at a rate of interest determined by the Treasurer as being the prevailing bank overdraft rate.

(c) For the purposes of this sub-section the Auditor-General shall in relation to the Board and its accounts have all such powers as he has in relation to the Public Account, and the Audit Act 1958 shall be read and construed and have effect accordingly.

49. The Board may make rules for or with respect to— (a) the control of the sport of trotting in Victoria

including (without affecting the generality of the foregoing) rules for or with respect to fees for registrations, fines, and any matter whatsoever which the Board is by or under this or any other Act required or empowered to perform; and

(b) the management of trotting race-meetings conducted by the Board.

Annual report. No. 6070 s. 48.

Agreement with Royal Agricultural Society and its alteration. No. 6092 88. 4, 5.

Rules of Board. No. 6070 s. 49.

1958. Racing. No. 6353 359

50. (1) The Governor m Council may make regulations for Regulations . . . v ' . . J ° of Governor

or with respect to— incouncii. (a) fees and costs of appeals against decisions of N"-60708-50-

stewards or committees of trotting clubs; (b) penalties not exceeding Fifty pounds for any breach

of the regulations; and (c) any other matters or things required or authorized to

be prescribed by regulations or necessary or expedient to be prescribed for carrying this Part into effect.

(2) Any such regulation may confer or impose on the Board such powers (including power to make rules) and duties as are necessary or expedient to carry this Part into effect.

(3) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament, and a copy of all such regulations shall be posted to each member of Parliament.

PART III.—DOG RACING.

51. In this Part unless inconsistent with the context or interpretation, subject-matter— No.6070s.5i.

" Appointed day" means the first day of January One " Appointed thousand nine hundred and fifty-six. w"

" Board" means the Dog Racing Control Board under " Board.-this Part.

" D o g races " " °°» races." (a) in sections fifty-three to fifty-seven of "racn«-

this Act and in Divisions two and three of this Part—means dog races or field or plumpton coursing matches held as " sports " within the meaning of section one hundred and eleven of the Police Offences Act 1958 in respect of which no notice prohibiting wagering or betting or the offering or paying of wagers or bets at such sports is advertised and posted up pursuant to Division seven of Part IV. of that Act;

(b) save as aforesaid—means dog races held as " sports " as aforesaid in respect of which no notice as aforesaid is advertised and posted up as aforesaid—

and " Dog racing " has a corresponding interpretation accordingly.

http://No.6070s.5i

360 1958. Racing. No. 6353

*' Dog racing club.B

" Club."

' Ground."

: Metropolis."

" Occupier."

' Promoter.'

" Regula tions?'

' Rules."

" Dog racing club " or " club " means any person or body corporate or unincorporate who or which conducts dog races.

" Ground " means any Crown land or reserve or any land or reserve vested in or managed by any trustees or body or bodies or any land whatsoever to which persons are admitted either at all times or only at certain times whether on payment of an entrance fee or charge or otherwise for the purpose of taking part in or of witnessing any dog races.

" Metropolis" means the area within a radius of twenty miles from the post office at the corner of Bourke and Elizabeth streets, Melbourne.

" Occupier " means any person or persons or a majority of the persons whether incorporated or not having or who will have for the time being the right to control or regulate the admission of persons to any ground during the carrying on or conduct of any dog races or intended dog races; and in reference to a ground vested in or under or intended to be under the care control or management of trustees of a managing committee or other body of managers under any designation whatsoever means a majority of such trustees committee or body (as the case may be).

" Promoter " means any person or persons or a majority of the persons, whether incorporated or not, having for the time being the control direction or management of any dog races or intended dog races and occupying or having authority to occupy any ground where such dog races are intended to be held.

" Regulations" means regulations of the Governor in Council under Division one or Division three of this Part (as the case may be).

" Rules " means rules made by the Board pursuant to this Part.

Restriction of grounds on which dog races may be held. No. 6070 s. 52.

DIVISION 1. RESTRICTIONS ON, AND LICENCES FOR, DOG RACING.

Restrictions in respect of Grounds, &c.

52. (1) Save as is otherwise expressly provided in this Division no dog races shall be held on any ground unless within the period of twelve months immediately preceding the twenty-fifth day of June One thousand nine hundred and forty dog races were held on that ground.

1958. Racing. No. 6353 361

(2) No dog races shall be held on any ground unless the Promoters of promoter of such dog races is the holder of a licence to hold dog be licensed, races issued by the Chief Secretary under the Police Offences &Cm

(Dog Racing) Act 1940 and in force in respect of that ground.

53. No licence shall be issued or renewed in respect of dog NO licences , . . . . . i • t . i i j . for dog racing racing on any ground within the metropolis which was closed to on grounds in

j • «. *. *i_ r» n A * ir\CA the metropolis

dog racing pursuant to the Dog Races Act 1954. closed under No. 6070 s. 53.

54. No dog races shall be held on any Sunday Christmas Day Dog races not

Good Friday or Anzac Day. certain days. No. 6070 s. 54.

55. (1) No person shall conduct any dog race (of the type All speed known as speed coursing) which includes the competitive pursuit meS£8cS.be

by dogs of any live quarry. NO. «no s. 55. (2) If any dog race is held in contravention of this section

then the promoter of such dog race and the occupier of the ground on which such dog race is held and every person acting as steward starter or judge in respect of such dog race shall be liable to a penalty of not more than Five hundred pounds.

56. (1) Where any ground in the metropolis has been closed compensation to dog racing pursuant to the Dog Races Act 1954 there shall in founds?8 of

accordance with this Division be paid to the promoter owner or No. 6070 s. 56. occupier concerned a reasonable sum by way of compensation for such closing in respect of the following matters and no others, namely:—

(a) The value of— (i) all buildings which on the first day of July

One thousand nine hundred and fifty-four were and on the appointed day still were on the ground; and

(ii) all other improvements which on the said first day of July were on the ground and the benefit of which at the appointed day was unexhausted—

having regard only to the value of the buildings and improvements on the said first day of July, but compensation shall not be payable in respect of any buildings or improvements constructed effected or substantially used for other than dog racing purposes;

(b) Amounts payable by such promoter or occupier— (i) by reason of the cancellation of any lease

of the ground in operation on the said first day of July; or

1958. Racing. No. 6353

(ii) if such lease was not cancelled—in respect of any rent to become due under any such lease after the appointed day, after making due allowance for any money or consideration or benefit received or receivable after the appointed day by such promoter or occupier from or in connexion with the use or sub-letting of the land the subject of the lease; or

(iii) in respect of any other contracts in operation on the said first day of July relating to the ground and to the conducting of dog races thereon.

(2) Such sum shall be fixed by agreement between the Chief Secretary and the promoter owner or occupier or, in default of agreement, by arbitration under the Arbitration Act 1958.

(3) For the purposes of this section the Board shall establish an account to be called the " Dog Racing Compensation Account " (in this section referred to as " the Account").

(4) (a) Until such time as the Account is closed pursuant to this section the Chief Secretary shall in respect of each period of twelve months specify by particular reference one-third (to the nearest whole number) of the dog race-meetings to be conducted by any club in the metropolis during such period as dog race-meetings in respect of which an amount equal to the gross receipts, after deducting therefrom the prize money given thereat, shall be paid to the credit of the Account; and the club shall within twenty-eight days after the holding of each dog race-meeting so specified pay such amount to the Board for payment to the credit of the Account accordingly.

(b) For the purposes of this sub-section no moneys paid into a totalizator used by any club shall be deemed to be part of the gross receipts of the club.

(5) Moneys to the credit of the Account shall be applied for the payment of compensation under this Division (with interest thereon) and of any costs and expenses incurred by the Chief Secretary in any arbitration proceedings under this Division and of the costs and expenses of the administration and audit of the Account.

(6) Payments of moneys to the credit of the Account— (a) shall be made as at the thirtieth day of June and

thirty-first day of December in each year; (b) shall be made approximately pro rata as between

persons entitled to compensation under this Division;

1958. Racing. No. 6353 363

(c) shall include an amount by way of interest calculated at three and three-quarters per centum per annum on the relevant compensation outstanding for the period of six months then completed.

(7) When all compensation and other payments required to be paid from moneys to the credit of the Account have been so paid the Account shall be closed and any balance remaining to the credit thereof shall be carried to the credit of the Dog Racing Control Board Fund.

(8) The Auditor-General shall have in respect of the Account all the powers conferred on him by any law relating to the audit of public accounts.

(9) There shall be paid each year to the Treasurer of Victoria from moneys to the credit of the Account an amount to be determined by the Auditor-General to defray the costs and expenses of the audit under this section and the remuneration of the officers of the Auditor-General engaged in the audit.

57. If any ground in respect of which a licence to hold dog races is in force is at any time within any city or town, then notwithstanding anything in this Act or the Police Offences Act 1958 or any law to the contrary the fact of any person betting by way of wagering—

(a) in or on any place or places set apart in such ground for the purpose of persons betting by way of wagering therein or thereon; and

(b) on any sporting contingency relating solely to any dog racing held on such ground—

shall not, if such betting takes place during the holding of such dog racing on such ground, be deemed to make such person guilty of a contravention of Part IV. of the Police Offences Act 1958 or be sufficient evidence in support of any allegation in any information that such place or any of such places (as the case may be) is or is used as a common gaming house or place or in support of any proceedings to declare such place or any of such places to be or to be used as a common gaming house or place.

Betting on certain contingencies on ground licensed for dog races not necessarily a cuniraventon of laws against betting Ac. No. 6070 s. 57.

Licences for Dog Racing. 58. (1) Notwithstanding anything in sections fifty-two or

fifty-three of this Act the Chief Secretary may upon application in that behalf made to him in the prescribed form and accompanied by a fee of One pound issue to any person or body corporate or unincorporate a licence to hold dog races on any ground during a period of twelve months commencing on the first day of

Issue of licences. No. 6070 s. J8.

364 1958. Racing. No. 6353

Renewal of licences.

January in any year and the provisions of this Division shall apply in relation to any such licence or ground accordingly; but no licence shall be issued under this section—

(a) so that there are at any time more than two grounds on which dog racing may be held within the metropolis; or

(b) (in the case of a ground outside the metropolis) except in place of a licence the renewal of which is prevented by circumstances which would attract the operation of section seventy-nine of this Act.

(2) The Chief Secretary may from time to time upon application in that behalf made to him in the prescribed form and within the prescribed period by the holder of any licence, issued pursuant to section four of the Police Offences (Dog Racing) Act 1940, or the last preceding sub-section or any corresponding previous enactment, renew such licence for a period of twelve months commencing on the first day of January.

Fee, &c, on application for renewal of licence. No. 6070 s. 59.

Provision for determination of amount payable on renewal.

Application of fees, &c.

59. (1) Upon every application for the renewal of a licence the applicant shall pay to the Chief Secretary a fee of One pound and in addition (if such licence is renewed) an amount equal to one per centum of the gross revenue from all sources received or derived by the holder of the licence in connexion with the holding of dog races by such holder during the period of twelve months ending on the thirtieth day of June then last past:

Provided that in computing gross revenue for the purposes of this sub-section the Chief Secretary may exclude gross revenue received or derived in connexion with the holding of dog races held in aid of any charitable benevolent patriotic or other special purpose.

(2) If for any reason the gross revenue as aforesaid cannot be ascertained or does not in the opinion of the Chief Secretary appear to be correctly stated by the applicant for renewal of the licence the amount to be paid as aforesaid shall be assessed and determined by the Chief Secretary.

(3) All fees and amounts paid to the Chief Secretary as aforesaid shall be paid into the Consolidated Revenue.

Renewal of several licences in respect of same ground. No. 6070 s. 60.

60. Subject to the foregoing provisions of this Division separate licences issued to separate applicants in respect of the same ground may from time to time be renewed.

Provision for transfer to another ground. No. 6070 s. 61.

61. (1) Where during the currency of any licence the holder of the licence satisfies the Chief Secretary that it is or will be impossible or that the conditions or proposed conditions of occupancy have rendered or will render it impracticable for him

1958. Racing. No. 6353 365

to continue to hold dog races on the ground to which the licence then relates, the Chief Secretary may transfer the licence to another specified ground (whether such ground is or is not one on which dog races were held during the period of twelve months immediately preceding the twenty-fifth day of June One thousand nine hundred and forty).

(2) During the currency of any licence the Chief Secretary £™n^!°jfor

may, if the holder of the licence or (where such holder is dead) unother the personal representative of such holder so applies, transfer the DoSy"0' licence to any other person or body corporate or unincorporate.

62. No application for the transfer of a licence to another {gfgjfigf™ ground shall be granted unless all the holders of licences in respect ground where of the former ground make application for such transfer: hoMers of

licences. Provided that where one of several holders of licences in NO.6070S.62.

respect of any ground applies for the transfer of his licence to another ground that application may be granted notwithstanding that all the holders of licences have not made application for such transfer if—

(a) at the commencement of the Police Offences (Dog Racing) Act 1940 that holder was the promoter of dog races on a ground on which other promoters also held dog races;

(b) at the date of the application for transfer that holder and other persons are the holders of licences in respect of such ground; and

(c) prior to becoming the promoter of dog races on such ground that holder was at any time during the period of twelve months immediately preceding the twenty-fifth day of June One thousand nine hundred and forty the sole promoter of dog races on some other ground—

and where any such application for transfer is granted then notwithstanding anything in the next succeeding section the number of days to be specified in the licence in respect of any subsequent year shall not exceed fifty-two days and in respect of the year current at the date of transfer the number of days specified in the licence shall be deemed to be fifty-two days.

63. (1) No holder of a licence shall hold dog races under such Limitation of

l i c e n c e number of

(a) on a greater number of days in any week than i s hours

specified in such licence; £Eeii«edin

(6) on a greater number of days in any year commencing No607°s-63. on the first day of January than is specified in such licence; or

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366 1958. Racing. No. 6353

AS to number (c) during any hours on any day other than those specified ofday"' in such licence.

(2 ) The number of days specified in any licence shall be determined by the Chief Secretary subject to the following rules :—

(a) The aggregate number of days in any week so specified in the licence or licences in respect of any one ground shall not exceed two days;

(b) The aggregate number of days in any year commencing on the first day of January so specified in the licence or licences in respect of any one ground shall not exceed—

(i) in any case where the number of days on which dog races were held on such ground during the period of twelve months immediately preceding the twenty-fifth day of June One thousand nine hundred and forty was not greater than fifty-one—the number of days on which dog races were held on such ground during the said period or twelve days (whichever is the greater number of days);

(ii) in any other case—fifty-two days; and (c) Where there are two or more licences in respect of

any one ground the aggregate number of days so determined as aforesaid shall be apportioned between the several holders of licences in respect of such ground proportionately to the respective numbers of days on which dog races were held by the original holders of such licences on such ground during the period of twelve months immediately preceding the twenty-fifth day of June One thousand nine hundred and forty.

As to hours. (3 ) The hours to be specified in any licence shall be determined by the Chief Secretary, but no licence in respect of a ground within a radius of forty miles from the post office at the corner of Bourke and Elizabeth streets, Melbourne, shall authorize the holding of any dog race between the hours of nine o'clock in the morning and seven o'clock in the evening of any day other than—

(a) a Saturday; or (b) a day which is declared or appointed by or under

section sixty-seven of the Public Service Act 1958 to be a public holiday throughout Victoria or within the municipalities referred to in the Sixth Schedule to that Act.

1958. Racing. No. 6353 367

(4) Where a licence has been transferred to a ground other ^ere'itenco than the ground on which the original holder of such licence held transferred to dog races during the period of twelve months immediately gfoun" preceding the twenty-fifth day of June One thousand nine hundred and forty such other ground shall for the purposes of the last two preceding sub-sections be deemed to be the same ground as that on which the original holder of such licence held dog races during the said period of twelve months.

(5) The dates on which dog races on any ground in Victoria daw^01101

may be held shall be such dates as are fixed by and under the rules meetings. of the Dog Racing Control Board.

Penalties for holding dog races in contravention of this Division, &c No. 6070 s. 64.

Provision in case of exceeding number of specified days in licence.

Supplementary Provisions.

64. (1) If any dog race is held on any ground in contravention of this Division (whether such dog race is held by the holder of a licence or not) then the promoter of such dog race and the occupier of the ground on which such dog race is held and every person acting as steward starter or judge in respect of such dog race shall be guilty of an offence against this Division and shall be liable to a penalty of not less than Fifty pounds and not more than Five hundred pounds:

Provided that no person acting as steward starter or judge in respect of any dog race held by the holder of a licence on the ground to which such licence relates shall be guilty of an offence against this section unless it is proved that he knew that such dog race was being held in contravention of this Division.

(2) Where dog races are held on any ground by any holder of a licence on a greater number of days during any period than is specified in such licence every dog race held on such ground by such holder on any day after the specified number of days has been exhausted shall be deemed to be held in contravention of this Division and the provisions of the last preceding sub-section shall apply with respect to all dog races so held accordingly.

65. (1) Every promoter of dog races on any ground shall &d£e,dVbe

within the prescribed periods lodge with the Chief Secretary such g0g™a«ssof

returns with respect to such dog races as are prescribed. NO.6070S.65.

(2) If any such promoter fails to lodge any such return within the period prescribed therefor he shall be guilty of an offence against this Division and liable to a penalty of not more than Twenty pounds.

66. (1) Where any body corporate is guilty of an offence Provision in against this Division then without affecting the liability of such S ™ body corporate for such offence every chairman director manager cordate. and officer of such body corporate who directs authorizes or No.6070s.66. knowingly suffers the commission of such offence by the body corporate shall be severally liable to the penalty therefor.

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368 1958. Racing. No. 6353

Publication of case of contravention, &c., where body unincorporate is bolder of licence or promoter.

(2) Where the holder of a licence or the promoter of any dog races is a body unincorporate, then, in the event of any contravention or failure to comply with any provision of this Division in relation to such licence or such dog races, every member of the governing body (by whatever name called) manager and officer of such body unincorporate who directs authorizes or knowingly suffers such contravention or failure shall be severally liable to the penalty for such contravention of failure.

Saving. No. 6070 s. 67.

67» Nothing in this Division or any licence thereunder shall be deemed to limit or affect the provisions of the Local Government A ct 1958 or any other Act conferring powers on any municipality or the council thereof.

Regulations. No. 6070 s. 68.

Publication of regulations.

68. (1) The Governor in Council may make regulations for or with respect to—

(a) prescribing the forms of licences and applications for licences or renewals of licences;

(b) prescribing the periods within which applications for the renewal of licences are to be made;

(c) prescribing the returns to be lodged and the periods within which such returns are to be lodged by promoters of dog races with the Chief Secretary; and

(d) generally, prescribing any matter or thing authorized to be prescribed by this Act or necessary or expedient to be prescribed for the purposes of this Division.

(2) All regulations made under this Division shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament and a copy of all such regulations shall be sent to each member of Parliament.

Constitution of Board. No. 6070 s. 69.

DIVISION 2.—THE DOG RACING CONTROL BOARD.

69. (1) There shall be a Dog Racing Control Board constituted as hereinafter provided.

(2) The Board shall consist of five members appointed by the Governor in Council of whom—

(a) one (who shall be chairman) shall be a person who has no financial interest in any dog racing-course or in any racing dog;

1958. Racing. No. 6353

(b) one shall be appointed from a panel of three names submitted by the executive committee of the National Coursing Association;

(c) one shall be appointed after election in manner prescribed by the regulations by dog racing clubs which conduct speed coursing;

(d) one shall be appointed after election in manner prescribed by the regulations by dog racing clubs which conduct field or plumpton coursing beyond a radius of forty miles from the post office at the corner of Bourke and Elizabeth streets, Melbourne, and shall be a person residing beyond the said radius; and

(e) one shall be appointed from a panel of three names submitted by the executive committee of the Greyhound Owners' Trainers' and Breeders' Association.

(3) If for any reason— (a) any abovementioned executive committee does not

within twenty-eight days after being requested in writing in that behalf by the Minister submit in writing to the Minister a panel of three names from which a member may be appointed; or

(b) after the Minister has by notice in writing posted to the registered clubs concerned required an election to be held of a person for appointment as a member no such person is elected in the manner prescribed by the regulations—

the Governor in Council may without such submission of a panel of names or such election appoint an otherwise eligible person as member and the person so appointed shall for all purposes be deemed to be duly appointed.

(4) Notwithstanding anything in this Division, any appointment of a member referred to in paragraph (c) or paragraph (d) of sub-section (2) of this section which is made before the appointed day shall be made by the Governor in Council without any election by dog racing clubs and any member so appointed shall for all purposes be deemed to be duly appointed.

70. (1) Subject to this Division each member of the Board shall hold office for such term (not exceeding three years) as is fixed before the date of his appointment and shall be eligible for re-appointment.

(2) The Governor in Council may at any time determine the appointment of any member of the Board.

370 1958. Racing. No. 6353

Vacancies. No. 6070 s. 71.

Who to preside. No. 6070 s. 72.

Quorum.

Casting vote.

Proceedings.

Secretary and officers of Board. No. 6070 s. 73.

71o (1) The office of any member of the Board shall become vacant—

(a) at the expiration of his term of office; (b) if he dies; (c) if he is incapable of continuing a member; r (d) if he resigns in writing under his hand addressed to

the Governor in Council; (e) if without leave granted by the Minister he fails to

attend three successive meetings of the Board; or

(/) if his appointment is terminated by the Governor in Council.

(2) If the office of a member of the Board becomes vacant otherwise than by the retirement of such member at the expiration of his term of office a qualified person shall in accordance with this Division be appointed to fill the extraordinary vacancy.

(3) Any person appointed to fill such extraordinary vacancy shall subject to this Division be entitled to hold office for the remainder of the term of office of the person in whose place he is appointed.

72. (1) The chairman shall preside at all meetings of the Board and in his absence such member of the Board as is chosen by the members present to be chairman of the meeting shall preside.

(2) A quorum of the Board shall consist of three members. (3) During any vacancy in the office of member the continuing

members may, subject to there being a quorum, act as if no vacancy had occurred.

(4) In the case of an equality of votes at any meeting of the Board the chairman of the meeting shall have a second or casting vote.

(5) Subject to this Division the Board may regulate its own proceedings.

73. (1) The Governor in Council may appoint some fit and proper officer to be secretary to the Board.

(2) The secretary shall keep records of all meetings of the Board and perform such other duties as the Board directs.

(3) The required.

Board may appoint such other officers as are

74. Each member of the Board shall be severally entitled to receive such travelling expenses and fees as are prescribed by the

*io.6070».74. regulations.

Travelling expenses and fees.

1958. Racing. No. 6353 371

75. The functions of the Board are subject to this Part— Functions of • Bo""1-

(a) to control the sport of dog racing; No.6070s.75. (b) to exercise such powers functions and duties as are

conferred on the Board by or under this or any other Act.

76. (1) The Board shall establish a fund to be called the Fund and

" Dog Racing Control Board Fund ". Solra?80' No. 6070 8.76.

(2) Subject to the provisions of Division three of this Part there shall be paid into the said fund all moneys received by the Board, including fees under this Part and fines under the rules and also any moneys temporarily advanced to the Board by the Treasurer of Victoria.

(3) The said fund shall be applied by the Board to meet any expenses incurred by the Board in performing any functions under this or any other Act (including payments to members and officers of the Board).

(4) Any surplus of the said fund, after repayment with interest at such rate as is determined by the Treasurer of Victoria of all moneys temporarily advanced to the Board by the Treasurer, may be applied at the discretion of the Board for the benefit of dog racing clubs.

DIVISION 3. GENERAL CONTROL OF DOG RACING. 77. (1) The Board may in accordance with the rules— Registration,

(a) register refuse to register or deregister any owner fnd persons3

trainer or dog racing club; Pndog? "! (b) charge and take for any such registration the fees No.6070s.77.

prescribed therefor by the rules; (c) disqualify or suspend from participating in dog racing

any club dog or person; (d) exclude from participation in dog racing any club

dog or person that is not registered as required by this Part or the regulations or is under disqualification or suspension pursuant to this Part or the rules;

(e) fine or otherwise punish any club or person offending against the rules—

and any decision of the Board in relation to any of the above matters shall be final and without appeal.

(2) Any steward of the Board or of a registered club who Power to

is authorized in writing in that behalf by the Board or the club fine*"*13

(as the case may be) may in accordance with the rules fine any person offending against the rules.

0

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372 1958. No. 6353

Pees payable to Dog Racing Control Board.

(3) In addition to the fees payable as aforesaid there shall in each year not later than the thirty-first day of July be paid to the Board by every registered club a fee calculated at a rate fixed for the time being by the Governor in Council but not exceeding one per centum of the gross revenue referred to in sub-section (1) of section fifty-nine of this Act.

Registration of dogs. No. 6070 s. 78.

78. The National Coursing Association may register dogs in accordance with the regulations.

Dog races not to be conducted except by registered clubs. No. 6070 s. 79. Dog racing to be nonproprietary.

Penalty.

79. (1) No person or body other than a dog racing club registered under the rules shall conduct any dog races.

(2) (o) No club shall conduct any dog races from the profits of which any person receives a direct financial benefit.

(b) Payment to an official of the club for his services at any dog races shall not be considered a direct financial benefit for the purposes of this sub-section.

(3) If any dog race is held in contravention of this section the promoter of such dog race and the occupier of the ground on which it is held and every person acting as steward starter or judge in respect of such dog race shall be liable to a penalty of not more than Five hundred pounds.

Board to hear appeals from decisions of stewards, &c, of dog racing clubs. No. 6070 s. 80.

80. The Board shall subject to the rules and the regulations hear in public and determine appeals against decisions of stewards of the Board or of stewards or the committee of any dog racing club, and any decision of the Board in relation thereto shall be final and without appeal.

Annual report and account. No. 6070 s. 81.

Cost of audit.

81. (1) The Board shall in each year on or before the thirty-first day of March furnish to the Minister a report of the proceedings of the Board during the year ended on the preceding thirty-first day of December and each such report shall contain a full account of the income and expenditure of the Board audited by the Auditor-General.

(2) The Auditor-General shall have in respect of such account all the powers conferred on him by any law relating to the audit of public accounts.

(3) The Board shall pay each year to the Treasurer of Victoria an amount to be determined by the Auditor-General to defray the costs and expenses of the audit under this section and the remuneration of the officers of the Auditor-General engaged in the audit.

1958. Racing. No. 6353 373

82. The Board may make rules for or with respect to the gJJj^of

control of the sport of dog racing in Victoria including (without No.6070s.82. affecting the generality of the foregoing) rules for or with respect to fees for registrations, fines, and any matter whatsoever which the Board is by or under this or any other Act required or empowered to administer or perform.

No. 6070 a. 83.

83. (1) The Governor in Council may make regulations for gjlg^jj^0 ' or with respect to— council.

(a) the registration of dogs by the National Coursing Association;

(b) elections for the purposes of this Part; (c) fees and costs of appeals to the Board against

decisions of stewards of the Board or of stewards or committees of dog racing clubs;

(d) penalties not exceeding Fifty pounds for any breach of the regulations;

(e) any other matters or things by this Part required or authorized to be prescribed by regulations or necessary or expedient to be prescribed for carrying this Division into effect.

(2) Any such regulation may confer or impose on the Board such powers (including power to make rules) and duties as are necessary or expedient to carry this Division into effect.

(3) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament, and a copy of all such regulations shall be posted to each member of Parliament.

PART IV.—REGISTRATION OF BOOKMAKERS AND BOOKMAKERS' CLERKS.

84. In this Part unless inconsistent with the context or interpretation, subject-matter— No. 6070 s. 84.

" B o o k m a k e r " includes any person who (whether on his "Book-own account or as employe or agent of any other maker" person) carries on the business or vocation of or acts as a bookmaker or turf commission agent, and any person who gains or endeavours to gain his livelihood wholly or partly by betting or making wagers.

" Bookmaker 's c l e r k " means any person who on a •• BOO*-race-course or sports ground assists a bookmaker in 3!rke"s

his business or vocation by recording or accepting money for bets or paying o r recording payment of winning bets or otherwise.

374 1958. Racing. No. 6353

" Club bookmaker's licence."

'Committee.'

•' Member."

" Prescribed."

' Promoter.'

" Racecourse."

" Race-meeting.'

" Racing club."

" Regulations."

" Sports.'

" Sports ground."

" Substitute licence." " Substitute permit."

" Club bookmaker's licence " means an unexpired licence or permit (including a substitute licence or substitute permit) whereby a bookmaker is licensed or permitted by any racing club or by any person having the management or control of a race-course or by any promoter of any sports on any sports ground to carry on his business or vocation as a bookmaker on a race-course or any part thereof or (as the case may be) on a sports ground as specified in the licence or permit.

" Committee" means the Bookmakers and Bookmakers' Clerks Registration Committee constituted under this Part.

" Member " means member of the Committee.

" Prescribed" means prescribed by regulations made under this Part.

" Promoter" has the same meaning as in section one hundred and eleven of the Police Offences Act 1958.

" Race-course" has the same meaning as in section eighty-five of the Police Offences Act 1958.

" Race-meeting" has the same meaning as in section eighty-five of the Police Offences Act 1958 and includes " picnic race-meeting " and " mixed sports gathering " as defined in section three of this Act.

" Racing club " means club association society or body of persons corporate or unincorporate formed for promoting or controlling horse racing pony racing or trotting racing or for holding race-meetings.

" Regulations" means regulations made under this Part.

" Sports " has the same meaning as in section one hundred and eleven of the Police Offences Act 1958.

" Sports ground " has the same meaning as " Ground " has in section one hundred and eleven of the Police Offences Act 1958.

" Substitute licence " and " substitute permit " respectively mean substitute licence or substitute permit issued under rules or regulations under any Act to any approved person nominated by a bookmaker to act during his absence on account of illness or any other approved cause on behalf and instead of him for any specified period during the currency of his original licence or permit.

1958. Racing. No. 6353 375

85. (1) For the purposes of this Part there shall be a B£ykmake^,

Committee to be known as the " Bookmakers and Bookmakers' Bookmaker* Clerks Registration Committee ". Registration

Committee.

(2) The Committee shall consist of five members of whom— NO.6070S.85. (a) one (who shall be chairman of the Committee) shall

be a person appointed by the Governor in Council; (b) one shall be appointed by the Governor in Council

on the nomination of The Victoria Racing Club; (c) one shall be appointed by the Governor in Council

on the nomination of the Trotting Control Board; (d) one shall be appointed by the Governor in Council

on the nomination of the Chief Commissioner of Police;

(e) one shall be appointed by the Governor in Council from a panel of three names submitted by the Federated Clerks' Union of Australia (Victorian Branch).

(3) Each member shall be appointed for such term not exceeding three years as is fixed by the Governor in Council in the instrument of his appointment and shall be eligible for re-appointment and may be removed from office at any time by the Governor in Council and shall be paid such fees and expenses, if any, as are prescribed.

(4) In the case of the suspension illness or absence of a member, or in the case of an extraordinary vacancy in the office of a member, the Governor in Council may (after receiving the appropriate nomination where so required) appoint some person to act as the deputy of such member during such suspension illness or absence or until such vacancy is filled (as the case may be) and such deputy may exercise the powers and perform the duties of such member accordingly.

(5) At any meeting of the Committee three members (of whom one is the chairman) shall form a quorum.

(6) The chairman shall have a deliberative and (in the case of an equality of votes) a casting vote.

(7) The Committee shall meet at such times and places as are fixed by the chairman.

(8) Subject to this Part the Committee may regulate its own proceedings.

(9) For the purpose of enabling the Committee to conduct any investigation or enquiry which it deems necessary for the purposes of this Act the provisions of sections fourteen to sixteen of the Evidence Act 1958 shall apply as if the Committee were a board appointed by the Governor in Council and as if the chairman of the Committee had the powers of the chairman of a board appointed by the Governor in Council.

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376 1958. Racing. No. 6353

Registration 86 . (1 ) Any male person not less than twenty-one years of bookmakers, age to whom a club bookmaker's licence has been issued may No. 6070 s. 86. apply in writing in the prescribed form to the Committee for a

certificate of registration as a bookmaker under this Part.

(2) The Committee in its absolute discretion may grant or without cause shown refuse any such application and may at any time without cause shown revoke or vary any certificate issued pursuant to this section.

(3) Where the Committee grants any such application it shall issue to the applicant a certificate of registration as a bookmaker in the prescribed form:

Provided that where the applicant applies in respect of a substitute licence or substitute permit any certificate of registration issued to the applicant shall be a temporary certificate for some specified occasion or for a limited period specified in the certificate.

(4) A certificate issued under this section shall not have any force or effect until the Comptroller of Stamps has denoted thereon in the manner prescribed under the Stamps Act 1958 the amount of duty paid thereon and shall cease to have effect—

(a) on the expiry of the thirty-first day of October next following the issue thereof; or

(b) on revocation thereof by the Committee; or (c) on surrender thereof to the Committee; or (d) in the case of a temporary certificate, on the expiration

of the occasion or period specified therein— whichever is the earliest.

(5) Any such certificate may be limited in application in relation to—

(a) any specified race-course or race-courses or sports ground or sports grounds or any class of race-courses or sports grounds;

(b) any specified part or parts of a race-course or race-courses or sports ground or sports grounds;

(c) any specified class of race-meetings or sports. (6) Where a person has paid to a racing club, promoter of

any sports on any sports ground, racing association or other person a fee for the issue to him of a club bookmaker's licence or for registration as a preliminary requirement to the issue of such a licence and the Committee refuses to grant an application by such person for a certificate of registration under this Part entitling him to act as a bookmaker in circumstances similar to those set out in the club bookmaker's licence the racing club, promoter, racing association or other person to which or whom any such fee was paid shall refund such fee to such person.

1958. Racing. No. 6353 377

( 7 ) The Committee may, and when so directed under the Stamps Act 1958 shall, suspend a bookmaker's certificate, and during the period of such suspension the certificate shall have no force or effect.

87. (1) Any male person who proposes to act as a Registration bookmaker's clerk may apply in writing in the prescribed form to bookmakers' the Committee for a certificate of registration as a bookmaker's "l",r° clerk under this Part.

(2) The Committee in its absolute discretion may grant or without cause shown refuse any such application and may at any time without cause shown revoke any certificate issued pursuant to this section or suspend any such certificate, and during the period of such suspension the certificate shall have no force or effect.

(3) Where the Committee grants any such application it shall issue to the applicant a certificate of registration as a bookmaker's clerk in the prescribed form, but such certificate shall have no force or effect until the Comptroller of Stamps has denoted thereon in the manner prescribed under the Stamps Act 1958 the amount of duty paid thereon and shall cease to have effect—

(a) on the expiry of the thirty-first day of October next following the issue thereof; or

(b) on revocation thereof by the Committee—

whichever is the earlier.

88. The Committee may issue and the Comptroller of Stamps may stamp any bookmaker's certificate or bookmaker's clerk's certificate before the first day of November in any year to take effect in respect of the period commencing on the said first day of November, and any such certificate shall be dated as if issued on the said first day of November and for the purposes of this Act shall be deemed to have been issued on the said first day of November.

89. (1) Any person to whom an)/ certificate has been issued *gjJSof

under this Part shall return such certificate to the Committee certificates, forthwith on demand by the Committee or on the expiration NO.6OTOS.89. revocation or suspension of the certificate.

( 2 ) ( a ) Where the Committee is satisfied that any certificate Lost issued under this Par t to any person has been lost or destroyed ewUflcate-the Committee may on such conditions as it thinks fit issue to such person a replacement bookmaker's certificate or replacement bookmaker's clerk's certificate in the prescribed form.

Issue of certificates before period of currency. No. 6070 s. 88.

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378 1958. Racing. No. 6353

(b) Such replacement bookmaker's certificate or replacement bookmaker's clerk's certificate shall have no force or effect until the Comptroller of Stamps has denoted thereon in the manner prescribed under the Stamps Act 1958 the amount of duty paid thereon but thereafter shall have the same effect and be subject to expiry suspension revocation and variation as if it were the original certificate.

certificate 90. (1) Any person to whom any certificate is issued under by hoid«.e this Part shall before it is submitted for payment of the appropriate " — s t a m p d^y sjgn s u c j j certificate in the place set apart for his

signature and in the presence of a witness authorized for the purpose by the regulations, and the witness shall sign as such in the space set apart for his signature.

(2) Any bookmaker or bookmaker's clerk carrying on his business or vocation on a race-course or sports ground, on demand by a responsible officer of the racing club or of the promoter of the sports thereon or by any member of the police force or by the Comptroller of Stamps or any officer authorized (whether generally or in any particular case) in writing by the Comptroller of Stamps, shall sign his name for the purpose of comparison with any signature on any such certificate.

91 . (1) No bookmaker shall carry on his business or vocation on a race-course or any part thereof or on a sports ground unless he holds—

(a) a bookmaker's certificate issued to him in respect of that race-course or part thereof or sports ground which certificate is in force and in the manner prescribed under the Stamps Act 1958 has denoted thereon by the Comptroller of Stamps an acknowledgment of payment of the appropriate stamp duty; and

(b) a club bookmaker's licence issued to him for that race-course or part thereof or sports ground if such a licence is also required by any racing club or promoter of sports to enable him to carry on his business or vocation thereon; and

(c) (if the case so requires) an authority issued under the Stamps Act 1958 enabling him to bet on that day at that sports ground during the holding thereon of a shooting contest and in respect of such contest which authority is in force and in the manner prescribed under the Stamps Act 1958 has denoted thereon by the Comptroller of Stamps an acknowledgment of payment of the appropriate stamp duty.

Bookmakers and clerks carrying on business on race-course or sports ground to have duly stamped certificate, &c No. 6070 s. 91.

1958. Racing. No . 6353 379

(2) No bookmaker's clerk shall carry on his business or vocation on a race-course or sports ground unless he holds a bookmaker's clerk's certificate issued to him which is in force and in the manner prescribed under the Stamps Act 1958 has denoted thereon by the Comptroller of Stamps an acknowledgment of payment of the appropriate stamp duty.

( 3 ) No racing club or person having the management or Racingciub, control of a race-course or promoter of any sports on a sports £fewotto

ground shall knowingly permit suffer or allow any person to carry Ic°kto1lctr' on the business or vocation of a bookmaker or bookmaker's clerk "enmcate on that race-course or any part thereof or on that sports ground in dul> stamped. contravention of the foregoing provisions of this section.

92. Every bookmaker or bookmaker's clerk carrying on his Bookm»k«. business or vocation on any race-course or part thereof or on any p?odcu"kto

sports ground, when so required by the secretary or chairman of on'o^nd. the club conducting the races on such race-course or (as the case NO.6070S.9J. may be) by the promoter of any sports on such sports ground or (whether on such race-course or part thereof or on such sports ground) by any member of the police force or by the Comptroller of Stamps or by any officer authorized (whether generally or in any particular case) in writing by the Comptroller of Stamps, shall produce for inspection every relevant certificate licence and authority required by the last preceding section to be held by him.

93. No person carrying on the business or vocation of a omy bookmaker on a race-course or sports ground shall employ any toJofmakers1

person as a bookmaker's clerk who is not the holder of a certificate employed1!0

of registration as a bookmaker's clerk issued under this Part which No.6070s.93. is in force and which in the manner prescribed under the Stamps Act 1958 has denoted thereon by the Comptroller of Stamps an acknowledgment of payment of the appropriate stamp duty.

94. (1) Any person or body of persons (corporate or Penalties, unincorporate) who or which contravenes or fails to comply with NO.6070S.94. any ?f the provisions of this Part shall be guilty of an offence and liable to a penalty of not less than Ten pounds and not more than One hundred pounds or to imprisonment for a term of not more than six months.

(2) Where any racing club or association is so guilty of an Enforcement offence then (without prejudice to any other method of enforcing °n

fc eaofie8

liability therefor) proceedings may be taken and penalties may be ™cinsclub9-enforced against the secretary or the chairman thereof or any member of the committee or other managing body thereof.

(3) Where any promoter is so guilty of an offence then (without prejudice to any other method of enforcing liability therefor) proceedings may be taken and penalties may be enforced against any person who is such a promoter or against the secretary

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380 1958. Racing. No . 6353

or chairman or any member of the committee or other managing body of any body corporate or unincorporate which is such a promoter.

Regulations. 9 5 . ( 1 ) The Governor in Council may make regulations for NO. 6070 s. 95. or with respect t o —

( c ) forms for the purposes of this Par t (and all such forms or forms to the like effect shall be sufficient in l a w ) ;

(b) generally any matter or thing which by this Par t is authorized or permitted to be prescribed or which is necessary or expedient to be prescribed for the purposes of this Part.

pubucatton. ( 2 ) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament; and a copy of all such regulations shall be posted to each member of Parliament.

P A R T V . — T O T A L I Z A T O R S .

interpretation. 9 6 . ( 1 ) In this Par t unless inconsistent with the context or NO.twos.96. subject-matter—

.. ciub." " Club " or " racing club " includes club society association or body of persons (whether corporate or unincorporate) by whatever name called which (whether before or after the commencement of this Ac t ) has been or is established for the purpose of promoting conducting or controlling the sport of horse racing trotting racing or pony racing and includes any person who conducts or controls such sport.

•• Double " Double tota l izator" means a totalizator used for totalizator.- enabling persons to invest moneys on horse races by

the nomination of a combination of two horses on the chance that such horses shall fill first places in two races at a race meeting.

•• Event.- " Event " means a horse race and includes, where the case so requires, two horse races capable of being coupled in a double bet on a double totalizator.

r ""'"and " Horse race " and " race " include, as well as horse race, "race."" trotting race or pony race within the meaning of

Par t I. of this Act and also include (where such a race is run in divisions) a division of such a race.

" Inspector." " Inspector " means inspector appointed under this Part .

1958. Racing. No. 6353 381

"Metropolitan a rea" means the area within a radius of "Metropolitan thirty miles from the post office situate at the corner area' of Elizabeth and Bourke streets in the city of Melbourne.

" Prescribed" means prescribed by this Part or the " Prescribed." regulations.

" Quinella totalizator" means a totalizator used for enabling persons to invest moneys on horse races by the nomination (irrespective of order) of a combination of two horses on the chance that such horses shall fill first and second places in the same horse race at a race-meeting.

" Race-course " means any race-course licensed or any land used as a race-course under the provisions of Part I. of this Act.

' Quinella totalizator."

'Racecourse."

" Race-meeting " means meeting for the purpose of holding horse trotting or pony races or all or any of them.

" Regulations " means regulations made under this Part. " Totalizator " means the instrument or contrivance known

as the totalizator and includes any other machine instrument or contrivance of a like nature and conducted on the like principles.

" Totalizator t icket" includes any ticket card token or thing entitling or purporting to entitle any person to any interest in any dividend division or distribution of any money by means of or in connexion with or as the result of the operation of a totalizator.

(2) Where in this Part the term " totalizator" occurs that term shall (unless inconsistent with the context or subject-matter) be read and construed as applying to a totalizator established or used under this Part or any corresponding previous enactment or to be established and used under the provisions of this Part.

(3) This Part shall apply to and in respect of dog racing with such adaptations as are necessary and in particular as if any reference herein to a horse or horse racing or a horse race or a race included a reference to a dog or dog racing or a dog race (as the case may be) and as if any reference herein to a race-course included a reference to a ground within the meaning of Part II. of this Act.

"Race-meeting."

" Regulations." "Totalizator."

" Totalizator ticket."

Construction of tbe term " totalizator."

Application of this Part to dog racing.

97. (1) Notwithstanding anything in any Act the Governor gJJJJ^j,, Council by Order published in the Government Gazette— coun3i°to,n

direct use of

(a ) may direct that any racing club named in the Order totalizator, shall establish a totalizator or totalizators on any N0-60708-97-race-course wholly within the metropolitan area on which it holds race-meetings or on any enclosure in or part of any such race-course and shall on and

382 1958. Racing. No. 6353

after a date specified in the Order use such totalizator or totalizators on every day on which a race-meeting is held on such race-course whether by that or any other club;

(b) may exempt any club aforesaid from using any such totalizator or totalizators on any such occasions or for any such periods as the Governor in Council thinks fit; and

(c) may for any just and reasonable cause stated in writing by the Minister amend or vary any Order made under this section.

Penalties. (2 ) If any club contravenes or fails to comply with any Order under this section such club shall be guilty of an offence and shall be liable to a penalty of not more than Five hundred pounds.

Permit for establishment or use of totalizator. No. 6070 8. 98.

Approval. No. 6070 s. 99.

98. (1) Any club may apply to the Governor in Council for a permit authorizing it to establish or use a totalizator or totalizators under the provisions of this Part on any race-course on which it holds race-meetings.

(2) The Governor in Council may grant such a permit for such period and on such conditions (if any) as he thinks fit or may for any just and reasonable cause stated in writing by the Minister refuse to grant such a permit or vary or revoke any permit so granted.

(3) The provisions of this Part with respect to totalizators established or used pursuant to any Order in Council as hereinbefore provided shall extend and apply with respect to any totalizator to which any such permit applies and to any club or clubs to which the permit applies and to any race-course on which the totalizator is established and to the establishment and use thereof.

99. (1) Before any totalizator is established on a race-course the totalizator and any machinery thereof and the proposed site of the totalizator shall be approved by the Minister.

(2) Such approval may be subject to such conditions as the Minister thinks fit and may for any just and reasonable cause stated in writing by the Minister be withdrawn by the Minister.

Use, &c., of totalizator on race-course to be lawful. No. 6070 s. 100. Savings.

100. (1 ) Notwithstanding anything in any Act or enactment the establishment and use of a totalizator on a race-course as provided by this Part is hereby declared to be lawful.

(2 ) Any person who uses or conducts or assists in using or conducting any such totalizator shall not by reason only of his using conducting or assisting in using or conducting the same be guilty of any offence whether at common law or under any enactment.

1958. Racing. No. 6353 383

(3) Subject to the provisions of this Part the mere fact of persons wagering by means of any such totalizator—

(a) shall not constitute such wagering an offence whether at common law or under any enactment; and

(b) shall not be a ground for such race-course or any part thereof being deemed or declared to be or to be used as a common gaming house or place whether at common law or under any enactment.

101. (1) Subject to the provisions of this Part with respect Managemem to inspection every totalizator established by a club on any No owo1"0' race-course (whether pursuant to any Order or permit under this »•«»• Part) shall at all race-meetings held on the race-course whether by that or any other club be used only—

(a) by the first-mentioned club; and (b) under the care and management of some competent

person appointed by that club; and (c) under the supervision of the stewards or the committee

or the governing body of that club.

(2) Where a race-meeting is held on any such race-course by any club other than the first-mentioned club for any charitable benevolent special or other purpose the first-mentioned club and the club holding the race-meeting may enter into and carry into effect an agreement whereby the club holding the race-meeting may for the purpose for which the race-meeting is held share in the residue of the amount deducted and retained by the first-mentioned club pursuant to this Part by way of commission out of moneys paid into the totalizator at the race-meeting.

102. (1) Every club using a totalizator shall deduct as commission out of the moneys paid into the totalizator in respect of each event Twelve per centum of the moneys so paid into the totalizator.

(2) Every such club shall within fourteen days after the holding of any race-meeting whereat a totalizator is used by the club pay—

(a) where the race-course on which such race-meeting is held is within a radius of twenty miles from the post office situate at the corner of Bourke and Elizabeth streets in the city of Melbourne—

(i) (in the case of commission derived from double and quinella totalizators) one-third;

(ii) (in all other cases) seven-twelfths; and

Commission on totalizatot revenue and payment of portion into Consolidated Revenue. No. 6070 s. 102.

384 1958. Racing. No. 6353

Application of residue.

Recovery of amounts payable.

(b) where the race-course on which such race-meeting is held is situate elsewhere in Victoria—one-sixth—

of the amount so deducted to the Treasurer of Victoria to be carried to and form part of the Consolidated Revenue.

(3) The residue of the amount so deducted may be retained by such club and shall be expended by such club (after payment by such club of any amount, if any, payable under any agreement entered into as aforesaid) for or towards—

(a) firstly, defraying the cost of— (i) the installation of any totalizator or

totalizators by such club; (ii) the construction of the necessary buildings

to be used in relation thereto; (iii) the upkeep and working of such totalizator

or totalizators; and (iv) the maintenance of the race-course on which

such totalizator or totalizators are installed; and

(b) secondly, providing prizes for horse racing trotting racing or pony racing.

(4) Any amount payable to the Treasurer of Victoria pursuant to this section may be recovered in any court of competent jurisdiction as a debt due to the Crown.

Transfer of amounts paid Into Consolidated Revenue under this Act to The Hospital* and Charities Fund. No. 6070 9.103.

103. (1) In every financial year there shall be paid out of the Consolidated Revenue (which is hereby to the necessary extent appropriated accordingly) into The Hospitals and Charities Fund under the Hospitals and Charities Act 1958 an amount equivalent to the amounts carried to the Consolidated Revenue pursuant to this Part during that financial year.

(2) There shall be paid out of the said Hospitals and Charities Fund into the Consolidated Revenue all expenses lawfully incurred in the administration of this Part.

Payment of dividends out of moneys paid into totalizator. No. 6070 s. 104.

104. (1) Every club using a totalizator shall (after making the deduction aforesaid) pay by way of dividends all moneys paid into the totalizator in respect of any race:

Provided that— (a) it shall not be necessary to pay any fraction of a

shilling unless such fraction amounts to or exceeds Sixpence in which case Sixpence shall be paid;

(b) the amount of fractions of a shilling not paid by way of dividend shall be held by the club using the totalizator and shall be paid within fourteen days

1958. Racing. No. 6353 • 385

from the receipt thereof into the Dividends Adjustment Fund provided for in the next succeeding section of this Part; and

(c) all moneys payable by way of dividend which are unclaimed for one month by any person entitled to the payment thereof shall be paid to the Treasurer of Victoria to be carried to the credit of a fund to be established and kept in the Treasury and to be called the " Totalizator Unclaimed Dividends Fund "; and any amounts standing to the credit of the said fund for a longer period than six months shall be carried to and form part of the Consolidated Revenue.

(2) Any member officer agent or servant of any such club Penalties. who makes authorizes or permits the payment to any person of any dividend which is not calculated in the prescribed manner shall be liable to a penalty of not more than Twenty pounds; and any such club by which any such dividend is paid in contravention of this Act or the regulations shall be liable to a penalty of not more than One hundred pounds for each offence.

105. (1 ) Every club using a totalizator shall establish a fund A>dv.<u

dends

to be known as the " Dividends Adjustment Fund." Fund!tment

No. 6070 s. 105.

(2) Where through error in calculation the amount of any Adjustment dividend declared payable in respect to any event is less or greater oferrors-than the amount which should have been so declared the difference shall in the first case be credited to and in the second case debited against such fund:

Provided that if in the opinion of the Auditor-General such error was occasioned by the negligence of an agent or servant of the club (and the onus of proving to the satisfaction of the Auditor-General that it was not so occasioned shall lie upon the club) any loss caused or contributed to by such error shall be borne by the club.

(3) If at any time the amount credited to such fund is Provision for insufficient to meet any amount then debited against such fund the debits!* club shall out of its revenues pay into such fund an amount sufficient to meet the amount so debited and may to the necessary extent recoup its revenues out of moneys otherwise subsequently credited to such fund under this section.

(4) As soon as may be after the thirtieth day of June and the Application of thirty-first day of December in each year the balance (if any) to the Fund.08"1

credit of such fund on those days respectively shall be paid to the Treasurer of Victoria to be carried to and form part of the Consolidated Revenue.

VOL. VII.—13

386 1958. Racing. No. 6353

No moneys paid into totalizator to be deemed part of gross revenue under s. 117. No. 6070 s. 106.

Return of money received through totalizator. No. 6070 s. 107.

Penalty.

106. No moneys paid into a totalizator used by any club shall for the purposes of section one hundred and seventeen of this Act be deemed to be part of the gross revenue received by such club.

107. (1) Within fourteen days after the holding of any race-meeting at which any totalizator is used by a club the committee or the governing body of the club shall deposit with the Treasurer of Victoria a full and true statement under the hand of the secretary of the club or the hands of two members of such committee or governing body of—

(a) the moneys paid into the totalizator in respect of each event on the occasion of the use thereof with such details (if any) as are prescribed; and

(b) the commission deducted by the club out of such moneys pursuant to this Part.

(2) If any such committee or governing body contravenes or fails to comply with the provisions of this section each member thereof shall be liable to a penalty of not more than Fifty pounds.

Penalty on person under 21 years of age wagering by means of totalizator. No. 6070 8.108.

Copy of sub-section (1) to be affixed to doors, &c, of totalizator.

108. (1) Any person under the age of twenty-one years who wagers by means of the totalizator shall be liable to a penalty of not less than One pound or more than Twenty pounds for a first offence and of not less than Five pounds or more than Fifty pounds for each subsequent offence.

(2) A clearly printed copy of sub-section (1) of this section shall be affixed over every door or opening in every totalizator at which money is paid or received; and any club which uses a totalizator without having a copy of sub-section (1) of this section affixed as aforesaid shall be guilty of an offence and be liable to a penalty of not more than Twenty pounds.

Offences and penalties. No. 6070 s. 109.

109. Any person who— (a) having the management or control of or employed or

acting in any capacity in connexion with any totalizator sells or delivers any totalizator ticket to any person apparently under the age of twenty-one years; or

(b) makes or enters into a bet or offers to make or enter into a bet upon the result of an event whereby he agrees to pay to the other party to such bet, if the latter should win the same, a sum of money calculated at a rate determined or to be determined by the result of the operation of any totalizator on such event; or

1958. Racing. No. 6353 387

(c) (not being a person lawfully conducting or employed in the working of a totalizator)—

(i) sells or offers for sale any totalizator ticket; or

(ii) makes or offers to make any contract or bargain to pay or receive a sum of money calculated at a rate determined or to be determined by the result of the operation of any totalizator on any event; or

(d) purchases from such last-mentioned person any totalizator ticket—

shall be liable for a first offence to a penalty of not less than Twenty pounds or more than One hundred pounds or to imprisonment for a term of not less than fourteen days or more than three months and for a second offence to a penalty of not less than One hundred pounds or more than Two hundred pounds or to imprisonment for a term of not less than three months or more than six months and for any subsequent offence to imprisonment for a term of not less than six months or more than twelve months.

110. Any person who for fee commission reward share or interest of any kind whatever or upon any understanding or agreement whether expressed or implied for such fee commission reward share or interest receives from any other person any money for the purpose of placing investing or depositing the same or any part thereof in any totalizator shall for a first offence be liable to a penalty of not more than One hundred pounds and for any subsequent offence be liable to imprisonment for a term of not more than six months.

Penalty on persons acting as totalizator agents. No. 6070 s. 110.

1 1 1 . Any officer agent or servant of a club using a totalizator or any person employed in connexion with such totalizator who accepts or acts on any telegraphic telephonic or radiographic request instructions or directions relating to investments in such totalizator (whether such request instructions or directions are received on a race-course or elsewhere) shall be liable to a penalty of not less than Twenty pounds or more than Fifty pounds.

Officers of racing clubs and totalizator employes not to accept telegraphic telephonic or radiographic instructions as to investments on totalizator. No. 6070 s. 111.

112. Any member officer agent or servant of a club using a NO investment totalizator or any person employed in connexion with such afteTstLnmg' totalizator who receives or permits to be received any investment °frace-in any totalizator in respect of any race after the starting of such ?°'i2?70

race shall be liable to a penalty of not more than Fifty pounds.

113 . (1 ) The Governor in Council may appoint inspectors inspectors, who shall at all times during a race-meeting at which a totalizator ^f70

is used have the right of entry without charge to the race-course at which such race-meeting is being held.

388 1958. Racing. No. 6353

( 2 ) Any inspector— (a) may at any time enter for the purpose of inspection

any building containing a totalizator; (b) may during such inspection examine any part of the

machinery or working of any totalizator but so as not in any way to interfere with the working thereof; and

(c) may demand from the person or persons appointed by the stewards or the governing body or committee of the club to have the care and management of any totalizator any information he thinks necessary for the purposes of the inspection.

114. Any person who— (a) refuses to give to any inspector any information which

he is authorized to demand by or under this Part; or (b) obstructs hinders or attempts to obstruct or hinder

any inspector in the execution of any power or duty conferred or imposed upon him by or under this P a r t -

shall be liable to a penalty of not more than Fifty pounds.

Enforcement 115 . Where by or under this Part any club is liable to a against clubs, penalty for any offence the following provisions shall have effect:—

(a) If the club is a corporation the corporation shall be liable to the penalty as if it were a private person; and every member of the committee or governing body of the club shall also be liable to the penalty unless such member proves that the offence was committed without his knowledge or without his consent;

(b) If the club is a body unincorporate every member of the committee or governing body thereof or (if there is no committee or governing body) every member of the club shall be severally liable to the penalty unless he proves that the offence was committed without his knowledge or without his consent; and

(c) In any case where any person who conducts or controls the sport of horse racing trotting racing or pony racing is included within the meaning of the term club as defined in this Part that person shall be liable to the penalty.

116. (1) The Governor in Council may— (a) make regulations for or with respect to—

(i) the regulation and management of totalizators;

Persons hindering inspectors ta execution of their duty. No. 6070 s. 114.

Regulations. No. 6070 s. 116.

1958. Racing. No. 6353 389

(ii) the powers and duties of inspectors; (iii) the kinds of dividends to be paid and the

apportionment and payment of dividends (including the payment of dividends out of the " Totalizator Unclaimed Dividends Fund " ) ;

(iv) the price of totalizator tickets; (v) the information to be shown on totalizator

tickets; (vi) the posting up of dividends;

(vii) the settlement of disputes in connexion with totalizators; and

(viii) generally, all matters or things authorized by this Part to be prescribed or necessary or convenient to be prescribed for carrying this Part into effect; and

(b) in such regulations impose penalties of not more than Twenty pounds for any breach thereof.

(2) All such regulations shall be published in the Government Publication of

Gazette and shall take effect from the date of publication thereof resulations-or from such later date as is specified in such regulations and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

(3) A copy of any regulations proposed to be made under Posting of

this Act shall be posted to each member of Parliament at least regulations. fourteen days before such regulations are approved by the Governor in Council.

PART VI.—PAYMENTS TO RACING CLUBS.

DIVISION 1.—PAYMENTS TO COUNTRY CLUBS.

117. (1) The Victoria Racing Club and also every other club association or body of persons holding any race-meeting for horse races or for pony races on a race-course (other than the Cranbourne race-course) mentioned in the Second Schedule to this Act and which club association or body is registered by The Victoria Racing Club shall pay on or before the thirty-first day of August in every year to the chairman of The Victoria Racing Club an amount equal to One per centum of the gross revenue derived by The Victoria Racing Club or (as the case may be) the other club association or body of persons holding any race-meeting as aforesaid from all race-meetings for horse races and for pony races held by The Victoria Racing Club or (as the case may be) the other club association or body of persons during the year ended on the last day of July immediately preceding.

Victoria Racing Club and other metropolitan bodies to pay percentage of gross revenue From horse races and pony races to chairman of said Club.

No. 6070 s. U7. Second Schedule.

390 1958. Racing. No. 6353

Distribution of such amount among district clubs, Ac

Committee how constituted.

Calculation of gross revenue.

(2) The total amount received by the chairman of The Victoria Racing Club as aforesaid shall upon the recommendation of the committee hereinafter mentioned be distributed by the said chairman among the clubs associations or bodies of persons forming the district associations of clubs associations and bodies of persons registered by The Victoria Racing Club in such proportions as the said committee, having regard to the best interests of the sports of horse racing and pony racing in country districts, from time to time determines.

(3) The committee referred to in sub-section (2) of this section shall be composed of the chairman of The Victoria Racing Club and one representative of each of the district associations aforesaid and each such representative shall be appointed by the governing body of the district association concerned.

(4) For the purpose of calculating or of assessing and determining the gross revenue received and derived from any race-course in Victoria for the purposes of sub-section (1) of this section, there shall not be taken into account any amount received or derived from such race-course in respect of any race-meeting held thereon for charitable purposes or for benevolent or special (including educational) purposes in accordance with the provisions of Part I. of this Act:

Provided that the provisions of this sub-section shall apply only in any case where the statement of receipts and expenditure of the race-meeting has been approved by the Chief Secretary.

" Amount paid on bookmaker's statement." No. 6070 s. 118.

DIVISION 2 . PAYMENTS TO RACING CLUBS (INCLUDING DOG RACING CLUBS).

118. For the purposes of this Division the amount paid to the Comptroller of Stamps by way of stamp duty on a bookmaker's statement shall be the amount as paid by the bookmaker, in respect of the aggregates of the amounts wagered by backers, in accordance with the statement as furnished by him and no account shall be taken of any adjustments subsequently made.

Payments Into trusts funds of equivalents of portions of stamp duty on bookmakers' statements. No. 6070 s. 119.

119. There shall in respect of each year be paid out of the Consolidated Revenue (which is hereby appropriated accordingly)—

(a) into a fund to be kept in the Treasury to be called the " Metropolitan Racing Clubs Fund" an amount equivalent to one-eighth of the amount in that year paid to the Comptroller of Stamps by way of stamp duty on bookmakers' statements in respect of bets made at the Flemington race-course the Caulfield race-course and the Moonee Valley race-course;

1958. Racing. No. 6353 391

(b) into a fund to be kept in the Treasury to be called the "Metropolitan Trotting Fund" an amount equal to one-eighth of the amount in that year paid to the Comptroller of Stamps by way of stamp duty on bookmakers' statements in respect of bets made at the Royal Showgrounds race-course at Ascot Vale;

(c) into a fund to be kept in the Treasury to be called the " Country Racing Clubs Fund " an amount equal to one-sixth of the amount in that year paid to the Comptroller of Stamps by way of stamp duty on bookmakers' statements in respect of bets (other than bets to which the next succeeding paragraph refers) made at any race-course other than the Flemington race-course the Caulfield race-course the Moonee Valley race-course or the Royal Showgrounds race-course at Ascot Vale;

(d) into a fund to be kept in the Treasury to be called the " Country Trotting Clubs Fund " an amount equal to one-sixth of the amount in that year paid to the Comptroller of Stamps by way of stamp duty on bookmakers' statements in respect of bets made at race-courses other than the Royal Showgrounds race-course at Ascot Vale during meetings conducted by a trotting club within the meaning of Part II. of this Act;

(c) into a fund to be kept in the Treasury to be called the " Dog Racing Clubs Fund " an amount equal to one-sixth of the amount in that year paid to the Comptroller of Stamps by way of stamp duty on bookmakers' statements in respect of bets made at dog racing grounds.

120. Money paid to the credit of the Metropolitan Racing Application of Clubs Fund in respect of each year shall be distributed by the iuecfn£ciuta Treasurer of Victoria among the racing clubs holding meetings at £un~70 the Flemington race-course the Caulfield race-course or the Moonee s. 120. Valley race-course in that year in proportion to the amount of stamp duty paid on bookmakers' statements in respect of bets made at meetings conducted by the respective clubs at those race-courses in that year.

121. Money paid to the credit of the Metropolitan Trotting Appllcatioo ol

Fund in respect of each year shall be paid by the Treasurer of Trottin?li,aD

Victoria to the Trotting Control Board to be paid by that Board ^ " " ^ into the Trotting Control Board Fund. «• »'«•

392 1958. Racing. No. 6353

Country Racing Clubs Fund Committee. No. 6070 «. 122.

Application of Country Racing Clubs Fund.

122. (1) There shall be a committee to be known as the " Country Racing Clubs Fund Committee " consisting of—

(a) one person appointed by the Governor in Council (who shall be chairman);

(b) one person appointed by the Governor in Council on the nomination of The Victoria Racing Club;

(c) one person appointed by the Governor in Council as representing country horse racing clubs.

(2) Money paid to the credit of the Country Racing Clubs Fund in respect of each year shall be distributed by the Treasurer of Victoria on the recommendation of the Country Racing Clubs Fund Committee among racing clubs (not being clubs to whom the next succeeding section refers) holding meetings in that year at race-courses other than the Flemington race-course the Caulfield race-course or the Moonee Valley race-course or the Royal Showgrounds race-course at Ascot Vale.

Application of Country Trotting Clubs Fund. No. 6070 s. 123.

123. Money paid to the credit of the Country Trotting Clubs Fund in respect of each year shall be distributed by the Treasurer of Victoria on the recommendation of the Trotting Control Board among the trotting clubs holding meetings in that year elsewhere than at the Royal Showgrounds race-course at Ascot Vale.

Application of Dog Racing Clubs Funds. No. 6070 s. 124.

124. Money paid to the credit of the Dog Racing Clubs Fund in respect of each year shall be distributed by the Treasurer of Victoria on the recommendation of the Dog Racing Control Board among the dog racing clubs holding meetings in that. year.

Interim payments. No. 6070 s. 125.

125. Payments by the Treasurer of Victoria under this Division need not be deferred until the end of the year, but the Treasurer may from time to time make interim payments from money to the credit of the respective Funds.

SCHEDULES.

Section 2. FIRST SCHEDULE.

Number of Act. Title of Act. Extent of Repeal.

6070 . . 6092 . . 6112 . .

Racing Act 1957 Trotting Races Act 1957 Statute Law Revision Act 1957

The whole. The whole. Item in Schedule

referring to Racing Act 1957.

1958. Racing. No. 6353 393

SECOND SCHEDULE. METROPOLITAN RACE-MEETINGS.

Sections 7 (1), 8,10,13, 17,117(1).

Race-course.

Flemington Caulfield Moonee Valley Sandown Werribee Cranbourne

On a race-course or race-courses (whether or not included in the race-courses specified above) subject to the consent of the owners or trustees of the course and the approval of the Chief Secretary—

For horse races conducted by one or more of the Findon Harriers' Hunt Club, Melbourne Hunt Club, Oaklands Hunt Club and Yarra Glen and Lilydale Hunt Club authorized for the purpose by the Chief Secretary for the benefit of such of the said hunt clubs as the Chief Secretary determines

Maximum Number of Race-meetings for

Horse Races to be allowed by a Licence in any One Year.

17 15 14 14 4 4

THIRD SCHEDULE. RACE-MEETINGS DISTRICTS.

Mildura Race-Meetings District. The Municipal Districts of—

the city of Mildura; and the shires of Mildura and Walpeup.

Sections 33, 35.

North-Western Race-Meetings District. The Municipal Districts of—

the cities of Ararat and Horsham; the borough of Stawell; and the shires of Arapiles, Ararat, Dimboola, Dunmunkle, Kaniva, Karkarooc,

Kowree, Lowan, Stawell, Warracknabeal, and Wimmera.

South-Western Race-Meetings District. The Municipal Districts of—

the cities of Warrnambool and Hamilton; the towns of Colac and Portland; the boroughs of Camperdown, Koroit and Port Fairy; and the shires of Belfast, Colac, Dundas, Glenelg, Hampden, Heytesbury,

Minhamite, Mortlake, Mount Rouse, Otway, Portland, Wannon, Warrnambool, and Winchelsea.

Ballarat Race-Meetings District. The Municipal Districts of—

the city of Ballaarat; the boroughs of Clunes, and Sebastopol; and the shires of Avoca, Bacchus Marsh, Ballan, Ballarat, Bungaree, Buninyong,

Creswick, Grenville, Leigh, Lexton, Ripon, and Talbot.

394 1958. Racing. No. 6353

THIRD SCHEDULE—continued. Northern Race-Meetings District.

The Municipal Districts of— the city of Bendigo; the towns of Castlemaine and St. Arnaud; the boroughs of Daylesford, Eaglehawk, Echuca, Inglewood, and

Maryborough; and the shires of Bet Bet, Birchip, Charlton, Cohuna, Deakin, Donald, East

Loddon, Gisborne, Glenlyon, Gordon, Huntly, Kara Kara, Kerang, Korong, Kyneton, Maldon, Marong, Mclvor, Metcalfe, Newham and Woodend, Newstead, Pyalong, Rochester, Romsey, Strathfieldsaye, Swan Hill, Tullaroop, Waranga, and Wycheproof.

Norlh-Enstern Race-Meetings District. The Municipal Districts of—

the city of Shepparton; the boroughs of Benalla, Kyabram and Wangaratta; and the shires of Alexandra, Beechworth, Benalla, Bright, Broadford, Chiltern,

Cobram, Eltham, Euroa, Goulburn, Healesville, Kilmore, Mansfield, Numurkah, Oxley, Rodney, Rutherglen, Seymour, Shepparton, Toowong, Tungamah, Upper Murray, Upper Yarra, Violet Town, Wangaratta, Wodonga, Yackandandah, Yarrawonga, and Yea.

Gippsland Race-Meetings District. The Municipal Districts of—

the city of Sale; the boroughs of Moe, Wonthaggi and Yallourn; and the shires of Alberton, Avon, Bairnsdale, Bass, Berwick, Buln Buln,

Cranbourne, Flinders, Frankston and Hastings, Korumburra, Maffra, Mirboo, Mornington, Morwell, Narracan, Omeo, Orbost, Phillip Island, Rosedale, South Gippsland, Tambo, Traralgon, Warragul, and Woorayl.

Port Phillip and Geelong Race-Meetings District. The Municipal Districts of—

the cities of Broadmeadows, Geelong, Geelong West, and Newtown and Chilwell;

the borough of Queenscliffe; and the shires of Bannockburn, Barrarbool, Bellarine, Corio, Fern Tree Gutty,

Lillydale, South Barwon, and Werribee.

no. 6353. racing act 1958

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