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Version No. 177

Racing Act 1958No. 6353 of 1958

Version incorporating amendments as at31 December 2019

TABLE OF PROVISIONSSection Page

1 Short title and commencement

Part I—Race-courses and race-meetings

Division 1—Preliminary

3 Definitions3A Certification of company to be Racing Victoria3B Repeal or modification of constitution of Racing Victoria3C Functions powers and duties of Minister under the

constitution of Racing Victoria3D Racing Victoria not to represent the Crown3E Racing Victoria not a public entity or public body

Division 2—Legality of betting

4 Betting with registered bookmaker4A Methods of remote betting4B Application for approval to use methods of approved remote

betting on off-course premises4C Approval of off-course premises for remote betting usage4D Cancellation or suspension of approval for approved

off-course premises or variation of conditions4E Minister may prescribe requirements to be complied with by

bookmakers for approval to accept bets off-course4F Commission to notify controlling body of certain matters4G Offence to breach conditions of approval to operate

off-course premises4H Offence to open approved off-course premises to public4I Prohibition on publishing prohibited advertising in relation to

the approved off-course premises5 Rules and regulations about business at race-courses,

bookmakers etc.

Division 2A—Club betting permits

5A Betting in accordance with club betting permits

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5B Grant of club betting permits5C Conditions of the permits5D Revocation of permits

Division 2B—Rules of Racing Victoria

5E Definitions5F Rules of Racing Victoria binding on certain persons

Division 3—Regulation of race-meetings

6 Holding of race-meetings7 Transfer of race-meeting to another race-course14A Duration of race-meetings14B Dates and times for horse racing18 Picnic race-meetings19 Picnic race-meetings and mixed sports gatherings in country19A Restricted harness racing meetings20 Point-to-point steeplechases held by hunt clubs21 Charitable race-meetings on metropolitan race-courses in

excess of statutory number22 Harness races at agricultural shows22A Race-meetings on ANZAC Day22B Penalty for failure to supply statement of receipts and

expenditure or pay net profit from race-meeting to Fund23 Penalty for holding unauthorized race-meeting

Division 4—Issue of licences, &c.

24 Race-course licence24A Racing-club licence25 Map of race-course26 Rules of the club29 Licences not to authorize benefit meetings32 Licences for harness race-meetings held by Harness Racing

Victoria

Division 5—Exclusion orders by Chief Commissioner of Police

33 Exclusion orders by Chief Commissioner of Police34 Duration of exclusion orders35 List and photographs of excluded persons35A Provision of list and photographs to stewards35B Excluded person not to enter race-course35C Notifying police of presence of excluded persons35D Police powers of entry to a race-course35DA Advice to Professional Boxing and Combat Sports Board35E Procedure on application for review35F Appointment of special counsel

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Division 6—Miscellaneous

36 Regulations37 No right to compensation

Part IA—The Racing Integrity Commissioner

37A Racing Integrity Commissioner37B Functions of the Racing Integrity Commissioner37BA Powers of the Racing Integrity Commissioner conducting an

inquiry37BB Power to compel production of documents and other things

or attendance of witnesses37BC Service of notice to produce or notice to attend37BD Power to take evidence on oath or affirmation37BE Offence to fail to comply with a notice to produce or attend37BF Offence to fail to take oath, make affirmation, answer

question or produce document37BG DPP or police officer may commence proceeding for offence

against section 37BE or 37BF37BH Offence to make false or misleading statements or produce

false or misleading documents or other things37BI Protection of participants37BJ Statement not to be used against person who gives

information or evidence, or produces a document or other thing

37C Powers of the Racing Integrity Commissioner37CA Protection from liability for Racing Integrity Commissioner37D Staff37E Disclosure of information37F Annual report37G Mandatory notification of corrupt conduct to IBAC37H Consultation prior to referral or notification37I Communication of information to the IBAC37J Racing Integrity Commissioner not to prejudice

investigations of the IBAC37K Racing Integrity Commissioner must investigate public

interest complaints37L Racing Integrity Commissioner must refuse to investigate

certain public interest complaints37M Racing Integrity Commissioner may refuse to investigate

certain public interest complaints37N Notification of refusal to conduct investigation on public

interest complaint37O Notification of corrupt conduct37P Procedure on completion of investigation of public interest

complaint

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37Q Person who made public interest disclosure to be informed of result of investigation

37R Racing Integrity Commissioner must not disclose certain information

37S Disclosure of information by Racing Integrity Commissioner37T Confidentiality notice37U Extension of confidentiality notice37V Racing Integrity Commissioner to provide the IBAC with

copies37W Disclosure subject to confidentiality notice

Part II—Harness Racing Victoria

38 Definitions39 Harness Racing Victoria40 Term of office41 Vacancies41A Appointment of administrator42 Meetings43 Chief Executive Officer and other officers44 Function of Board44AA Board may act as venue operator44A Borrowings by Board44B Harness Racing Advisory Council44BA Functions of Harness Racing Advisory Council44C Reporting on consultations45 Registration etc. of clubs, horses and persons participating in

harness racing45A Disclosure of pecuniary interest46 Harness Racing Victoria Fund and finances of Board48 Agreement with Royal Agricultural Society and its alteration49 Rules of Board50 Regulations of Governor in Council

Part IIA—Victorian Racing Tribunal

Division 1—Establishment of the Victorian Racing Tribunal

50A Definitions50B Establishment of the Victorian Racing Tribunal50C Functions of Victorian Racing Tribunal50D Members of the Victorian Racing Tribunal50E Terms and conditions of office50F Vacancies, resignations and termination of members of the

Victorian Racing Tribunal50G Chairperson of the Victorian Racing Tribunal50H Deputy Chairpersons of the Victorian Racing Tribunal50I Appointment of a judicial officer as Chairperson or Deputy

Chairperson

4

50J Acting appointments

Division 2—Jurisdiction of the Victorian Racing Tribunal

50K Appeals to the Victorian Racing Tribunal50L Racing Integrity Commissioner may direct that certain

appeals be heard50M Appeals in respect of approvals for approved off-course

premises50N The Victorian Racing Tribunal may grant an extension of

time for leave to appeal50O Hearings of serious offences by the Victorian Racing

Tribunal

Division 3—Conduct of hearings of the Victorian Racing Tribunal

50P Constitution of the Victorian Racing Tribunal to hear and determine matters

50Q Proceedings of the Victorian Racing Tribunal50R Experts may assist the Victorian Racing Tribunal50S Power to compel production of documents and other things

or attendance of witnesses50T Service of notice under section 50S or 50U50U Variation or revocation of notice under section 50S50V Failure to comply with notice to produce or attend50W Directions50X Dealing with questions of law in hearings of the Victorian

Racing Tribunal50Y Evidence in hearings of the Victorian Racing Tribunal50Z Chairperson or Deputy Chairpersons may authorise a person

to take evidence50ZA Retention of documents and exhibits50ZB Protection of parties and members of Victorian Racing

Tribunal50ZC Service of documents by the Victorian Racing Tribunal50ZD When is service effected?

Division 4—Determinations of the Victorian Racing Tribunal

50ZE Determinations of the Victorian Racing Tribunal50ZF Victorian Racing Tribunal to provide written statement of

reasons for determinations on request

Division 5—Offences

50ZG Offence to fail to comply with a notice to produce or attend50ZH Offence to fail to take oath, make affirmation or answer

question50ZI Offence to make false or misleading statements or produce

false or misleading documents or other things50ZJ Privilege against self-incrimination does not apply

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50ZK Contempt of the Victorian Racing Tribunal50ZL Regulations

Part III—Greyhound racing

51 Definitions

Division 1—Restrictions on, and licences for, greyhound racing

52A Plumpton coursing with mechanical quarry52B Greyhound racing permits55 Offences relating to greyhound races that involve the use of

an animal as a lure63A Greyhound races on ANZAC Day64 Penalties for holding greyhound races in contravention of

this Division etc.65 Returns to be lodged by promoters of greyhound races66 Provision in case of offence by body corporate68 Regulations

Division 2—Greyhound Racing Victoria

69 Constitution of Board70 Term of office71 Vacancies71A Appointment of administrator72 Who to preside73 Chief executive officer and other officers of Board73A Board may delegate functions to the chief executive officer74 Travelling expenses and fees75 Functions of Board75A Disclosure of pecuniary interest75B Consultation procedures to be established75C Reporting on consultations76 Fund and finances of Board76A Borrowings by Board

Division 3—General control of greyhound racing

77 Registration etc. of clubs and persons participating in greyhound racing

77AA Registration of racing greyhounds77A Member of Board etc. may enter and inspect etc.78 Use or disclosure of information for the Domestic Animals

Act 199479A Greyhound trials and training82 Rules of Board83 Regulations

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Part IIIB—the Victorian Racing Tribunal Registrar

83OD Definitions83OE Victorian Racing Tribunal Registrar83OF Functions of Victorian Racing Tribunal Registrar83OG Regulations

Part IIIBA—Review by VCAT—Decisions of the Victorian Racing Tribunal

83OH Review by VCAT of decisions of the Victorian Racing Tribunal

83OI Time limit for applying for review

Part IIIC—Review by VCAT—Occupational racing and bookmaking licences

83P Definitions83Q Review by VCAT of occupational racing licences83R Review by VCAT of bookmaking licences83S Time limit for applying for review

Part IIID—Functions and powers of gambling and liquor inspectors

83T Functions of gambling and liquor inspectors83U Right of entry83V Powers of gambling and liquor inspectors83W Power to require names and addresses

Part IV—Registered bookmakers and controlling bodies

84 Definitions91 Requirements for bookmakers to carry on business91A Controlling bodies may make rules91AB Approved substitutes91B Bookmaker's licence levy91C Bookmaking development fund91D Ministerial approval of rules and guidelines91E Provision of information regarding betting records92 Production of documents by bookmakers and bookmaker's

key employees94A Guarantee of bookmakers against defaults in payment of

wagers95 Regulations

Part IVA—Racing Victoria Centre land

95A Application of Part95B Definition95C Surrender of Racing Victoria Centre land95D Crown lease

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95E Power to enter agreements to use, sub-lease or assign interest in Racing Victoria Centre land

95F Registrar of Titles to make necessary amendments

Part IVB—Victorian Racing Integrity Board

95G Establishment of the Victorian Racing Integrity Board95H Functions and powers of the Integrity Board95I Membership of Integrity Board95J Terms and conditions of office95K Vacancies, resignations and removal from office95L Meetings of the Integrity Board95M Validity of decisions95N Integrity Board may receive, review and investigate

complaints95O Controlling body to provide information to Integrity Board95P Integrity Board may give directions to controlling body in

relation to failure to comply with recommendation95Q Integrity Board may refer complaint to Racing Integrity

Commissioner95R Controlling body to prepare and submit annual integrity plan

to Integrity Board for endorsement95S Integrity Board to advise Minister of certain matters95T Integrity Board's annual report95U Minister to table Integrity Board's annual report before

Parliament

Part V—General

95V Department may recover costs from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria

96 Transitional provision on repeal of Part VI96AA Transitional provision for change in membership of

Committee—Racing Acts (Amendment) Act 200296A Transitional provision for introduction of Racing Victoria—

Racing (Racing Victoria Ltd) Act 200196B Operation of Racing (Racing Victoria Ltd) Act 200196C Transitional provision for change of expiry date of

certificates of registration—Racing Acts (Amendment) Act 2002

96D Transitional provision for Racing Appeals Tribunal proceedings—Racing Legislation Amendment (Racing Integrity Assurance) Act 2009

Part VI—Transitional provisions

97 Definition98 Transitional provision for changes to Harness Racing

Victoria—Racing and Betting Acts (Amendment) Act 2001

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99 Transitional provision for change to Greyhound Racing Victoria—Racing and Betting Acts (Amendment) Act 2001

100 Transitional provision for change in registration of greyhounds—Racing and Betting Acts (Amendment) Act 2001

100A Saving provision—Racing Amendment (Modernisation) Act 2018

Part VII—Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011

101 Definitions102 Things commenced by the former Commission before

abolition of former Commission

Part VIII—Transitional provisions—Racing Amendment Act 2015

103 Saving of reconstituted Harness Racing Victoria Board

Part IX—Transitional provisions—Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016

104 Definition105 Saving of reconstituted Greyhound Racing Victoria106 Saving of reconstituted GRV Racing Appeals and

Disciplinary Board

Part X—Transitional provisions—Racing Amendment (Integrity and Disciplinary Structures) Act 2018

107 Definitions108 Transition of Racing Appeals and Disciplinary Boards to the

Victorian Racing Tribunal109 Review of decisions of Racing Appeals and Disciplinary

Boards110 Review of decisions by VCAT

Schedules

Schedule 2––Specified race-courses

═══════════════

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Endnotes

1 General information

2 Table of Amendments

3 Amendments Not in Operation

4 Explanatory details

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Version No. 177


Version incorporating amendments as at31 December 2019

An Act to consolidate the Law relating to Horse Pony Trotting and Greyhound Racing, the Registration of Bookmakers and

their Clerks, and Totalizators.

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 Short title and commencement

This Act may be cited as the Racing Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

* * * * *

Long title amended by No. 8209 s. 21(1)(a)(i).

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S. 1 amended by Nos 6619 s. 2, 6790 s. 2, 6836 s. 2(a)(b), 7082 s. 2(a)(b), 7684 s. 2(a)(i)(ii)(b), 8209 ss 11, 18(2), 21(1)(a)(ii), 8566 s. 2, 8975 s. 2(5), 9201 s. 22 (as amended by No. 9427 s. 6(1)(Sch. 5 item 152)), 9427 s. 6(1)(Sch. 5 item 151), 9671 s. 23, 9924 s. 3(a)(i)(ii), 10184 s. 22(a)(b), 125/1986 s. 14(a).

S. 2 repealed by No. 49/1993 s. 13(1).


Division 1—Preliminary3 Definitions

(1) In this Part unless inconsistent with the context or subject-matter—

approved betting event has the same meaning as in the Gambling Regulation Act 2003;

* * * * *

approved off-course premises means premises approved by a controlling body under section 4C;

approved substitute means a registered bookmaker's key employee approved under section 91AB by a controlling body to carry on the business of a registered bookmaker;

assessable disclosure has the meaning given in section 3 of the Public Interest Disclosures Act 2012;

* * * * *

No. 6070 s. 3.

S. 3(1) def. of approved betting event inserted by No. 18/2007 s. 6(a).

S. 3(1) def. of approved bookmaking company inserted by No. 19/2002 s. 3, repealed by No. 73/2008 s. 3(2).

S. 3(1) def. of approved off-course premises inserted by No. 55/2012 s. 4.

S. 3(1) def. of approved substitute inserted by No. 73/2008 s. 3(1).

S. 3(1) def. of assessable disclosure inserted by No. 2/2019 s. 105.S. 3(1) def. of Authority inserted by No. 37/1994 s. 174(a), repealed by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.1(a)).



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betting contingency includes any event or contingency;

* * * * *

bookmaker's key employee has the same meaning as in the Gambling Regulation Act 2003;

charitable purposes means—

(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 Minister 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;

S. 3(1) def. of betting contingency inserted by No. 16/2001 s. 3(1)(a).

S. 3(1) def. of Board repealed by No. 37/1994 s. 174(b).

S. 3(1) def. of bookmaker's key employee inserted by No. 73/2008 s. 3(1).

S. 3(1) def. of charitable purposes amended by No. 8344 s. 26(3)(a).



3

chief steward, in relation to a controlling body, means—

(a) in the case of horse racing, the person appointed as chairman of stewards by Racing Victoria;

(b) in the case of harness racing, the person appointed as chairman of stewards by Harness Racing Victoria;

(c) in the case of greyhound racing, the person appointed as chief steward by Greyhound Racing Victoria;

club includes club society or other association by whatever name called;

club betting permit means a permit issued under Division 2A of Part 1;

club bookmaker's licence has the same meaning as it has in section 84;

Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011;

conduct includes conduct carry on manage or to assist in doing any of these things;

confidentiality notice means a notice issued by the Racing Integrity Commissioner under section 37T(1);

S. 3(1) def. of chief steward inserted by No. 55/2005 s. 3(1)(a).

S. 3(1) def. of club betting permit inserted by No. 97/1998 s. 4.

S. 3(1) def. of club bookmaker's licence inserted by No. 55/2012 s. 4.

S. 3(1) def. of Commission inserted by No. 114/2003 s. 12.1.3(Sch. 6 item 10.1(b)), amended by No. 58/2011 s. 102.

S. 3(1) def. of confidentiality notice inserted by No. 2/2019 s. 105.



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controlling body means—

(a) in the case of horse racing, Racing Victoria;

(b) in the case of harness racing, Harness Racing Victoria;

(c) in the case of greyhound racing, Greyhound Racing Victoria;

corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

Department means the Department of Justice and Regulation;

domestic partner of a person means—

(a) a person who is in a registered relationship with the person; or

(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i) for fee or reward; or

S. 3(1) def. of controlling body inserted by No. 55/2005 s. 3(1)(a), substituted by No. 52/2009 s. 4(b).

S. 3(1) def. of corrupt conduct inserted by No. 82/2012 s. 180, amended by No. 82/2012 s. 318(a).

S. 3(1) def. of Department inserted by No. 37/2018 s. 8(2).

S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 11.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 50.1).



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(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

exclusion order means a written order under section 33;

gambling and liquor inspector means an inspector appointed under section 40 of the Victorian Commission for Gambling and Liquor Regulation Act 2011;

* * * * *

greyhound race means a race in which greyhounds compete;

* * * * *

S. 3(1) def. of exclusion order inserted by No. 55/2005 s. 3(1)(a).

S. 3(1) def. of gambling and liquor inspector inserted by No. 55/2012 s. 4.

S. 3(1) def. of General Post Office Melbourne repealed by No. 50/2015 s. 3(1)(a).

S. 3(1) def. of greyhound race inserted by No. 37/1994 s. 174(a).

S. 3(1) def. of GRV Racing Appeals and Disciplinary Board inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).



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harness race means a race in which horses compete moving at a gait generally known as pacing or trotting;

horse race means a race in which horses compete but does not include a harness race;

* * * * *

IBAC means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC personnel has the same meaning as it has in the Victorian Inspectorate Act 2011;

Integrity Board means the Victorian Racing Integrity Board established by section 95G;

S. 3(1) def. of harness race inserted by No. 9671 s. 24(b), substituted by No. 37/1994 s. 174(c).

S. 3(1) def. of horse race inserted by No. 37/1994 s. 174(a).

S. 3(1) def. of HRV Racing Appeals and Disciplinary Board inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).

S. 3(1) def. of IBAC inserted by No. 82/2012 s. 180, amended by No. 82/2012 s. 318(b).

S. 3(1) def. of IBAC personnel inserted by No. 82/2012 s. 180.

S. 3(1) def. of Integrity Board inserted by No. 37/2018 s. 33.



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metropolitan race-course means any of the following: the Flemington race-course, the Caulfield race-course, the Moonee Valley race-course, the Sandown race-course or any race-course within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne which the Minister, by notice published in the Government Gazette, declares to be a metropolitan race-course;

mixed sports gathering means—

(a) a meeting for foot races bicycle races or any other games exercises pastimes 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, being a meeting at which—

(i) the races which take place include races of one or more of the following kinds, namely, horse races, pony races and harness races;

* * * * *

* * * * *

* * * * *

(b) a meeting for foot races bicycle races or any other games exercises pastimes 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

S. 3(1) def. of metropolitan race-course inserted by No. 9924 s. 4, amended by Nos 37/1994 s. 174(d), 50/2015 s. 3(1)(b).

S. 3(1) def. of mixed sports gathering substituted by No. 9050 s. 2(a), amended by Nos 9671 s. 24(a)(c), 49/1987 s. 4(a)(b), 17/1992 s. 4(1)(a)(b), 16/2001 s. 3(1)(b).



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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, being a meeting—

(i) at which no horse race pony race or harness race takes place; and

(ii) which is conducted by a club or other body of persons approved by the Minister;

* * * * *

* * * * *

police officer has the same meaning as in the Victoria Police Act 2013;

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;

* * * * *

S. 3(1) def. of picnic race-meeting amended by Nos 9671 s. 24(a), 37/1994 s. 174(e), repealed by No. 16/2001 s. 3(1)(c).

S. 3(1) def. of police member inserted by No. 55/2005 s. 3(1)(a), repealed by No. 37/2014 s. 10(Sch. item 139.1(b)).

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 139.1(a)).

S. 3(1) def. of prescribed repealed by No. 37/1994 s. 174(b).



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* * * * *

public interest complaint has the meaning given in section 3 of the Public Interest Disclosures Act 2012;

race-course means land used for race-meetings;

race-meeting means a meeting for the purpose of horse racing, harness racing or greyhound racing;

* * * * *

Racing Integrity Commissioner means the Racing Integrity Commissioner appointed under section 37A;

S. 3(1) def. of professional jockey amended by Nos 8503 s. 2, 9671 s. 24(a), 49/1987 s. 5(1)(a)(b), repealed by No. 37/1994 s. 174(b).

S. 3(1) def. of public interest complaint inserted by No. 2/2019 s. 105.S. 3(1) def. of race-meeting amended by No. 9671 s. 24(a), substituted by No. 37/1994 s. 174(f).

S. 3(1) def. of Racing Appeals and Disciplinary Board inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).

S. 3(1) def. of Racing Integrity Commis-sioner inserted by No. 52/2009 s. 4(a).



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Racing Victoria means the company certified by the Minister under section 3A(1) to be Racing Victoria, by a certification published in the Government Gazette on 19 December 2001;

registered bookmaker has the same meaning as in the Gambling Regulation Act 2003;

registered bookmaker's key employee has the same meaning as in the Gambling Regulation Act 2003;

* * * * *

relevant person means—

(a) a person who attends a race-meeting for the purpose of horse racing in Victoria; or

(b) a person who participates, whether at a racecourse or any other place, in an activity connected with, or involving, horse racing in Victoria or wagering on horse racing in Victoria;

* * * * *

S. 3(1) def. of Racing Victoria inserted by No. 35/2001 s. 3, amended by No. 10/2018 s. 4.

S. 3(1) def. of registered bookmaker inserted by No. 73/2008 s. 3(1).

S. 3(1) def. of registered bookmaker's key employee inserted by No. 73/2008 s. 3(1).

S. 3(1) def. of regulations repealed by No. 37/1994 s. 174(b).

S. 3(1) def. of relevant person inserted by No. 77/2013 s. 39.

S. 3(1) def. of restricted harness racing meeting inserted by No. 9269 s. 2, amended by Nos 9671 s. 24(d)(i)(ii), 125/1986 s. 4(a)(b), repealed by No. 16/2001 s. 3(1)(c).



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restricted matter means—

(a) any evidence or information given to, or obtained by, the Racing Integrity Commissioner;

(b) the contents of any document produced to, or obtained by, the Racing Integrity Commissioner;

(c) the existence of, or any information about, a confidentiality notice or a requirement under section 37BA(1) to appear before the Racing Integrity Commissioner for examination;

(d) the subject matter of an investigation by the Racing Integrity Commissioner;

(e) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Racing Integrity Commissioner, to be identified or located;

(f) the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Racing Integrity Commissioner;

(g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012;

S. 3(1) def. of restricted matter inserted by No. 2/2019 s. 105.



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(h) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

(i) the fact that the Racing Integrity Commissioner intends to conduct an investigation on a public interest disclosure;

* * * * *

specified race-course means—

(a) an area of land described in an item in Schedule 2;

(b) an area of land prescribed by the regulations to be a specified race-course for the purposes of Division 5;

* * * * *

spouse of a person means a person to whom the person is married;

S. 3(1) def. of RV Racing Appeals and Disciplinary Board inserted by No. 52/2009 s. 6, repealed by No. 37/2018 s. 8(1).

S. 3(1) def. of specified race-course inserted by No. 55/2005 s. 3(1)(a).

S. 3(1) def. of sporting contingency repealed by No. 16/2001 s. 3(1)(c).

S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 11.1), amended by No. 55/2005 s. 3(1)(b).



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Steward means a person appointed as such in accordance with the rules of a controlling body or a person so appointed as a Deputy Steward;

* * * * *

Victorian Racing Tribunal means the Victorian Racing Tribunal established under section 50B.

(1A) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c) a person is not a domestic partner of another person only because they are co-tenants.

(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 north-east corner of Bourke

S. 3(1) def. of steward inserted by No. 55/2005 s. 3(1)(a), substituted as Steward by No. 52/2009 s. 4(c).

S. 3(1) def. of Trotting race repealed by No. 9924 s. 15(a).

S. 3(1) def. of Victorian Racing Tribunal inserted by No. 37/2018 s. 8(2).

S. 3(1A) inserted by No. 72/2001 s. 3(Sch. item 11.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 50.2).

S. 3(2)(a) amended by No. 50/2015 s. 3(2).



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and Elizabeth Streets, 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 that corner to such race-course or municipal district or part thereof;

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

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

(4) Save as otherwise provided in this Part, any mixed sports gathering held on any land whatsoever in Victoria shall be deemed to be a race-meeting for the purposes of this Act.

(5) In this Part, the "duration of a race-meeting" must be determined in accordance with section 14A.

3A Certification of company to be Racing Victoria

(1) For the purposes of this Act, the Minister may certify that a company is Racing Victoria.

(2) The Minister must not make a certification under subsection (1) unless—

(a) the company is registered as a company limited by guarantee; and

(b) the Minister is satisfied that the constitution of the company includes provisions as set out in Schedule 1 (as in force before its repeal) or that are to the effect of the

S. 3(3) amended by No. 17/1992 s. 6(1).

S. 3(4) substituted by No. 9050 s. 2(b), amended by No. 9671 s. 28, substituted by No. 16/2001 s. 3(2).

S. 3(5) inserted by No. 55/2005 s. 3(2).

S. 3A inserted by No. 35/2001 s. 4.

S. 3A(2)(b) amended by No. 10/2018 s. 5.



15

provisions set out in Schedule 1 (as in force before its repeal).

(3) As soon as possible after making a certification under subsection (1), the Minister must cause the certification and a copy of the constitution of the company to be published in the Government Gazette.

(4) A certification under subsection (1) has effect from the beginning of the day on which it is published in the Government Gazette.

(5) Once the Minister has made a certification under subsection (1), the power to make the certification is exhausted and the Minister does not have the power to make any further certification under that subsection.

3B Repeal or modification of constitution of Racing Victoria

(1) If Racing Victoria resolves, by special resolution, to modify or repeal its constitution or a provision of its constitution, the company, on making such a special resolution, must notify the Minister of the special resolution.

(2) The Minister must cause a copy of a notification given under subsection (1) to be laid before each House of Parliament, on or before the first sitting day of that House that occurs on or after 30 days from the day on which the Minister received the notification.

(3) A House of Parliament may, on or before the 6th sitting day of that House after a copy of the notification is laid before it under subsection (2), resolve to disapprove the special resolution.

S. 3B inserted by No. 35/2001 s. 4.



16

(4) If a House of Parliament is prorogued or the Legislative Assembly is dissolved—

(a) the prorogation or dissolution does not affect the power of the House to pass a resolution disapproving the special resolution; and

(b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.

(5) Within 14 days after the last day on which a special resolution could be disapproved by a House of Parliament, the Minister must cause to be published in the Government Gazette a certification as to whether or not the special resolution has been disapproved by a House of Parliament.

(6) A special resolution which has been disapproved by a House of Parliament has no effect.

(7) A special resolution which has not been disapproved by either House of Parliament cannot have effect until on or after the publication of the certification under subsection (5).

3C Functions powers and duties of Minister under the constitution of Racing Victoria

For the purposes of this Act, the Minister may perform any functions, exercise any powers and carry out any duties conferred on the Minister by the constitution of Racing Victoria for or with respect to the selection, appointment, resignation and removal of Directors of the Board of Racing Victoria.

S. 3C inserted by No. 10/2018 s. 6.



17

3D Racing Victoria not to represent the Crown

Racing Victoria does not represent the Crown.

3E Racing Victoria not a public entity or public body

(1) Racing Victoria is not a public entity within the meaning of the Public Administration Act 2004.

(2) Racing Victoria is not a public body within the meaning of the Financial Management Act 1994.

Division 2—Legality of betting

4 Betting with registered bookmaker

S. 3D inserted by No. 10/2018 s. 6.

S. 3E inserted by No. 10/2018 s. 6.

Pt 1 Div. 2 (Heading) amended by No. 73/2008 s. 4.

No. 6070 s. 4. S. 4 amended by Nos 7621 s. 13(1), 9050 s. 2(c), 9269 s. 3, 9671 s. 28, 9924 s. 14(a)(b), 125/1986 s. 5, 73/1988 s. 5, 12/1991 s. 3(a), substituted by No. 37/1994 s. 175, amended by Nos 97/1998 s. 5, 16/2001 s. 4, 19/2002 s. 4, 114/2003 s. 12.1.3 (Sch. 6 item 10.2), 18/2007 s. 6(b)–(e), substituted by No. 73/2008 s. 5.



18

(1) Despite anything in the Gambling Regulation Act 2003 (except Divisions 5 and 6 of Part 5 of Chapter 4) or any other law, it is not a contravention of that Act or law, and a racecourse or an approved off-course premises is not a place provided for the purposes of unauthorised gambling within the meaning of Chapter 2 of that Act, if a person bets by way of wagering—

(a) on any horse race, harness race or greyhound race; or

(b) on any approved betting event—

* * * * *

in accordance with this section.

(2) The racecourse must be licensed under this Part.

(3) The bet must be made—

(a) with a registered bookmaker; or

(b) with an approved substitute—

who is present on the racecourse or approved off-course premises at the time the bet is made.

(4) The bet must be made—

(a) during the holding of a race meeting at the racecourse by a person present on the racecourse with a registered bookmaker or approved substitute present on the racecourse; or

S. 4(1) amended by Nos 55/2012 s. 5(1), 56/2014 s. 63(1)(a).

S. 4(1)(b) amended by No. 56/2014 s. 63(1)(b).

S. 4(1)(c) repealed by No. 56/2014 s. 63(1)(c).

S. 4(3) amended by No. 55/2012 s. 5(2).

S. 4(4)(a) amended by No. 55/2012 s. 5(3)(a).



19

(b) at any time by a person using a method of communication approved by the Minister under section 4A.

(5) In this section, a reference to a racecourse licensed under this Part includes a reference to land otherwise authorised for the holding of race meetings under this Part or Part III.

4A Methods of remote betting

(1) The Minister, by notice published in the Government Gazette, may approve a method of communication which may be used by registered bookmakers or approved substitutes to accept bets from persons.

(2) The Minister may give approval for any period and on any conditions that the Minister thinks fit and may vary or withdraw any approval so given.

4B Application for approval to use methods of approved remote betting on off-course premises

(1) A registered bookmaker issued with a club bookmaker's licence may apply to the controlling body that issued the licence, for approval to make or accept bets at premises other than a racecourse, using a method of communication approved by the Minister under section 4A.

(2) An application under subsection (1) must—

(a) be in writing;

(b) specify the premises for which approval under subsection (1) is sought;

S. 4(4)(b) amended by No. 55/2012 s. 5(3)(b).


S. 4A(1) amended by No. 55/2012 s. 6.




20

(c) be in the form specified by the controlling body.

4C Approval of off-course premises for remote betting usage

(1) A controlling body that receives an application under section 4B may approve premises in Victoria that are not on a racecourse as premises at which the applicant may make or accept bets using a method of communication approved by the Minister under section 4A.

(2) In deciding whether to approve a premises as an approved off-course premises, a controlling body must have regard to—

(a) whether the premises the subject of the application are appropriate premises for the applicant to make or accept bets using a method of communication approved by the Minister under section 4A;

(b) whether the applicant and the premises the subject of the application comply with, and are capable of continuing to comply with, any requirements prescribed by the Minister under section 4E.

(3) A controlling body must, as soon as practicable after making a decision—

(a) give the applicant under section 4B written notice of its decision to grant or refuse an approval under this section;

(b) give the Commission written advice of a decision by the controlling body to grant or refuse an approval under this section.

(4) A controlling body may make an approval granted under this section subject to any conditions specified in the written approval.




21

(5) In addition to any condition specified by a controlling body under subsection (4), the following conditions apply to an approval granted under this section—

(a) that the approved off-course premises not be open to, or available for use by, the public or a section of the public for any purpose related to betting;

(b) that the registered bookmaker granted an approval under this section continue to comply with any requirements prescribed by the Minister under section 4E.

(6) The controlling body that grants an approval under this section may revoke that approval at any time by written notice given to the registered bookmaker.

(7) A registered bookmaker may appeal a decision by a controlling body to refuse an approval under this section to the Victorian Racing Tribunal.

4D Cancellation or suspension of approval for approved off-course premises or variation of conditions

(1) A controlling body may by written notice to a registered bookmaker cancel, or suspend for a period specified by the controlling body, an approval granted to the registered bookmaker under section 4C if the bookmaker fails to comply with a condition of that approval.

(2) A controlling body may vary the conditions of an approval granted to a registered bookmaker under section 4C—

(a) on the written request of the bookmaker;

S. 4C(7) amended by No. 37/2018 s. 9.




22

(b) on the controlling body's own motion;

(c) following a variation of any requirements, prescribed by the Minister under section 4E, that the registered bookmaker must comply with before the approval is granted.

(3) If a controlling body varies the conditions of an approval under subsection (2), the controlling body must give written notice of the variation, as soon as practicable after the decision to vary the conditions is made, to—

(a) the registered bookmaker;

(b) the Commission.

(4) A registered bookmaker may appeal any decision of a controlling body under this section to the Victorian Racing Tribunal.

4E Minister may prescribe requirements to be complied with by bookmakers for approval to accept bets off-course

(1) The Minister, by notice published in the Government Gazette, may prescribe requirements that a registered bookmaker must comply with before a controlling body grants the registered bookmaker approval to make or accept bets at premises other than a racecourse, using a method of communication the Minister has approved under section 4A.

(2) The Minister may vary requirements prescribed under subsection (1) by notice published in the Government Gazette.

(3) Requirements (including any variation of those requirements) prescribed under this section apply on and from the publication of the notice or on any later date specified in the notice.

S. 4D(4) amended by No. 37/2018 s. 10.




23

4F Commission to notify controlling body of certain matters

(1) This section applies if, in respect of a registered bookmaker who holds an approval under section 4C, the Commission—

(a) finds or is advised that the registered bookmaker failed to comply with a condition of that approval; or

(b) suspends or cancels the registration of the bookmaker under section 4.5A.14 of the Gambling Regulation Act 2003.

(2) The Commission must give the controlling body that gave an approval to a bookmaker under section 4C written notice of any finding, advice, suspension or cancellation as soon as practicable.

4G Offence to breach conditions of approval to operate off-course premises

A registered bookmaker who holds an approval for approved off-course premises granted under section 4C must not carry on the business of bookmaking at those premises unless it is in accordance with the conditions of that approval specified by the controlling body including any requirements specified by the Minister under section 4E.

Penalty: For a first offence, 15 penalty units or imprisonment for 3 months or both;

For a second offence, 25 penalty units or imprisonment for 6 months or both;

For a third or subsequent offence, imprisonment for 12 months.

4H Offence to open approved off-course premises to public

S. 4F inserted by No. 55/2012 s. 7.

S. 4G inserted by No. 55/2012 s. 7.

S. 4H inserted by No. 55/2012 s. 7.



24

(1) A bookmaker who holds an approval for an approved off-course premises who makes or takes a bet or bets to the value of less than $500 from a person who is present at the premises is guilty of an offence and liable to a penalty of—

(a) for a first relevant offence, 60 penalty units;

(b) for a second relevant offence, 250 penalty units or imprisonment for 6 months or both;

(c) for a third or subsequent relevant offence, 1000 penalty units or imprisonment for 2 years or both.

(2) A bookmaker who holds an approval for an approved off-course premises, who makes or takes a bet or bets to the value of $500 or more from a person who is present at the premises is guilty of an offence and liable to a penalty of—

(a) for a first relevant offence, 100 penalty units or imprisonment for 3 months or both;



(3) An approved substitute for a bookmaker who holds an approval for an approved off-course premises who makes or takes a bet or bets to the value of less than $500 from a person who is present at the premises is guilty of an offence and liable to a penalty of—





25


(4) An approved substitute for a bookmaker who holds an approval for an approved off-course premises, who makes or takes a bet or bets to the value of $500 or more from a person who is present at the premises is guilty of an offence and liable to a penalty of—




(5) A person (other than a person to whom subsection (1), (2), (3) or (4) applies) who makes or takes a bet or bets to the value of less than $500 while present at the approved off-course premises is guilty of an offence and liable to a penalty of—




(6) A person (other than a person to whom subsection (1), (2), (3) or (4) applies) who makes or takes a bet or bets to the value of $500 or more while present at the approved off-course premises is guilty of an offence and liable to a penalty of—




26



(7) In this section—

relevant offence means an offence against subsection (1), (2), (3), (4), (5) or (6) or an offence against a law of another State or Territory that would, if committed in Victoria, be an offence against subsection (1), (2), (3), (4), (5) or (6).

4I Prohibition on publishing prohibited advertising in relation to the approved off-course premises

(1) A registered bookmaker who holds an approval under section 4C must not publish or cause to be published—

(a) any prohibited advertising in relation to approved off-course premises;

(b) the address of the approved off-course premises.

Penalty: 20 penalty units.

(2) A person must not, on behalf of a registered bookmaker who holds an approval under section 4C, publish or cause to be published—

(a) any prohibited advertising in relation to approved off-course premises;

(b) the address of the approved off-course premises.



S. 4I inserted by No. 55/2012 s. 7.



27

prohibited advertising means any form of advertising that contains any information, term, expression, symbol or other thing—

(a) that draws attention to, or can reasonably be taken to draw attention to, the approved off-course premises or the presence of bookmakers or approved substitutes in those premises; or

(b) that uses a term or expression frequently associated with bookmakers or betting and associates those terms with the approved off-course premises;

publish includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers).

5 Rules and regulations about business at race-courses, bookmakers etc.

(1) The committee or other managing body of any club or association conducting race-meetings on any race-course 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

No. 6070 s. 5.



28

(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.

(2) Every person who in contravention of this section carries on the business or vocation of a bookmaker as aforesaid shall be guilty of an offence and liable to a penalty of not less than 2 penalty units or more than 5 penalty units.

(3) Any power under subsection (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 or approved cause, 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

S. 5(1) Proviso amended by Nos 6462 s. 2(a), 7828 s. 7(1), 71/2008 s. 32(a).

S. 5(2) amended by Nos 6462 s. 2(b), 7828 s. 7(1), 125/1986 s. 13(a), 71/2008 s. 32(b).

S. 5(3) amended by No. 6790 s. 3.



29

licence or permit (other than a substitute licence or substitute permit) issued pursuant to any law in that behalf.

(5) A power conferred by subsection (1) to make rules and regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—

(a) specific fees;

(b) maximum fees;

(c) minimum fees;

(d) fees that vary according to value or time or any other circumstance;

(e) the manner of payment of fees;

(f) the time or times at which fees are to be paid.

(6) Rules and regulations made under this section may be made—

(a) so as to provide for the exemption of persons or classes of persons from any of the rules and regulations providing for the imposition of fees; or

(b) so as to provide for the refund of fees, in whole or in part.

(7) A bookmaker who is liable to pay a levy under rules made under section 91B is not liable to pay a fee under any rules or regulations made under this section.

(8) If a rule or regulation made under this section is inconsistent with a rule made under section 91A or 91B, the rule or regulation made under this section is void to the extent of the inconsistency.

Division 2A—Club betting permits

S. 5(5) inserted by No. 17/1992 s. 12.

S. 5(6) inserted by No. 17/1992 s. 12.

S. 5(7) inserted by No. 24/2000 s. 12(1).

S. 5(8) inserted by No. 24/2000 s. 12(1).

Pt 1 Div. 2A (Heading and ss 5A–5D) inserted by No. 97/1998 s. 6.



30

5A Betting in accordance with club betting permits

Despite anything in the Gambling Regulation Act 2003 (except Divisions 5 and 6 of Part 5 of Chapter 4) or any other law, it is not a contravention of that Act or law, and a premises is not a place provided for the purposes of unauthorised gambling within the meaning of Chapter 2 of that Act, if a person bets by way of wagering—

(a) at that premises and that premises is a premises specified in a club betting permit; and

(b) in accordance with the conditions of the permit.

5B Grant of club betting permits

(1) The Minister may grant a permit to any specified body to allow betting on any horse race, any harness race, any greyhound race or on any approved betting event—

(a) at the premises; and

(b) in accordance with the conditions; and

(c) on the day and for the period—

specified in the permit by the Minister.

(1A) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a permit granted under this section is declared not to be personal property.


S. 5A inserted by No. 97/1998 s. 6, amended by Nos 114/2003 s. 12.1.3 (Sch. 6 item 10.3), 18/2007 s. 6(f), 56/2014 s. 63(2).

S. 5Binserted by No. 97/1998 s. 6.

S. 5B(1) amended by Nos 16/2001 s. 5, 18/2007 s. 6(g).

S. 5B(1A) inserted by No. 74/2010 s. 32(1).



31

specified body means—

(a) any racing club licensed under section 24A; or

(b) Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria; or

(c) the Stawell Athletic Club Incorporated or the Victorian Club Limited.

5C Conditions of the permits

(1) The Minister may specify conditions in the permit dealing with all or any of the following matters—

(a) the type of betting;

(b) the class of bookmakers who may conduct the betting;

(c) the supervision of the betting and the body who is to conduct the supervision;

(d) any other matter the Minister thinks fit.

(2) The permit is subject to a condition that the holder of the permit must not obtain any financial benefit from bets made under the permit.

(3) The Minister may add to, vary or revoke any conditions on a permit.

5D Revocation of permits

The Minister may revoke a permit, for any just and reasonable cause, at any time.

Division 2B—Rules of Racing Victoria

S. 5B(2) def. of specified body amended by Nos 16/2001 s. 28(Sch. item 1), 35/2001 s. 6(Sch. 1 item 1).



Pt. 1 Div. 2B (Heading and ss 5E–5G) inserted by No. 77/2013 s. 40.



32

5E Definitions

In this Division—

Australian lawyer has the same meaning as in the Legal Profession Act 2004;

Rules of Racing means the rules, for the time being in force, of Racing Victoria.

5F Rules of Racing Victoria binding on certain persons

(1) The Rules of Racing apply to and may be enforced against—

(a) a person who is the holder of a licence, registration, permit or other authority issued by Racing Victoria; or

(b) subject to subsection (2), a relevant person.

(2) In relation to a relevant person, the Rules of Racing must provide that, if there is to be an investigation or inquiry in relation to horse racing or wagering or both under the Rules of Racing in which the Rules of Racing may be applied to or enforced against a relevant person—

(a) the investigation or inquiry must be initiated by a Steward; and

(b) in conducting the investigation or inquiry, the Steward must have reasonable grounds to suspect the relevant person—

(i) may have contravened the Rules of Racing; or

(ii) may be involved in a contravention of the Rules of Racing; or





33

(iii) may have knowledge or possession of information as to a contravention of the Rules of Racing—

because of—

(iv) the person's attendance at a race-meeting of horse racing in Victoria; or

(v) the person's participation in an activity in connection with or involving horse racing in Victoria or wagering on horse racing in Victoria.

* * * * *

Division 3—Regulation of race-meetings* * * * *

6 Holding of race-meetings

(1) Unless this Part otherwise provides, a race-meeting for horse racing or harness racing or greyhound racing may only be held—

(a) on a race-course licensed under section 24 for that type of racing; and

(b) by Harness Racing Victoria or Greyhound Racing Victoria, as the case requires, or by a club licensed under section 24A to conduct race-meetings for that type of racing on that race-course; and

S. 5G inserted by No. 77/2013 s. 40, repealed by No. 37/2018 s. 11.

Heading preceding s. 6 repealed by No. 37/1994 s. 176.No. 6070 s. 6. S. 6 amended by No. 9924 s. 15(b), substituted by No. 37/1994 s. 177.

S. 6(1)(b) amended by Nos 16/2001 s. 28(Sch. item 2), 35/2001 s 6(Sch. 1 item 2(a)).



34

(c) in accordance with the rules for the time being in force of Racing Victoria or Harness Racing Victoria or Greyhound Racing Victoria, as the case may be.

(2) Despite subsection (1), race meetings may be conducted, with the consent of the owners or trustees of a licensed race-course, by one or more of the Findon Harriers's Hunt Club, Melbourne Hunt Club, Oaklands Hunt Club and Yarra Glen and Lilydale Hunt Club for the benefit of such of the hunts clubs as the Minister determines.

(3) Race-meetings must not be held on Christmas Day or Good Friday.

* * * * *

7 Transfer of race-meeting to another race-course

Despite section 6, if a club licensed to conduct race-meetings on a race-course satisfies Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria, as the case may be, that it is impossible, impracticable or inexpedient to hold a race-meeting or continue to hold race-meetings on that race-course, Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria, as the case may be, may authorise the club to hold race-meetings on another race-course licensed under this Part.

S. 6(1)(c) amended by Nos 16/2001 s. 28(Sch. item 2), 35/2001 s. 6(Sch. 1 item 2(b)).

S. 6A inserted by No. 9924 s. 5, repealed by No. 37/1994 s. 177.

No. 6070 s. 7. S. 7 amended by Nos 6836 s. 11(a), 7404 s. 2, 8344 s. 26(3)(b), S.R. No. 166/1974, reg. 2 Nos 8690 s. 2(a), 8776 s. 2(a)(b), 9671 s. 28, substituted by Nos 9924 s. 6, 37/1994 s. 177, amended by Nos 98/1994 s. 27(a)–(c), 16/2001 s. 28(Sch. item 3), 35/2001 s. 6(Sch. 1 item 3).



35

* * * * *

14A Duration of race-meetings

Unless the Minister otherwise directs, a race-meeting must commence and finish on the same day and is deemed for the purposes of this Act and the Gaming and Betting Act 1994 to commence 1 hour before the advertised starting time of the first race, and to finish 1 hour after the actual starting time of the last race, to be conducted at that meeting.

14B Dates and times for horse racing

Subject to this Part, the dates and times for horse race-meetings are such dates and times as are fixed by and under the rules for the time being in force of Racing Victoria.

* * * * *

18 Picnic race-meetings

(1) Despite anything to the contrary in this Part, a club may apply to the Minister for the issue of a permit authorising the club to hold picnic race-meetings registered in accordance with the rules of Racing Victoria on specified land 32 kilometres or more from the north-east corner of Bourke and Elizabeth Streets, Melbourne on any day permitted by this Act and approved by Racing Victoria.

Ss 8–14 repealed.

S. 14A inserted by No. 9146 s. 2(2), substituted by Nos 28/1986 s. 4, 37/1994 s. 179.

S. 14B inserted by No. 37/1994 s. 179, amended by No. 35/2001 s. 6(Sch. 1 item 4).

Ss 15–18A repealed.

New s. 18 inserted by No. 73/1996 s. 79.

S. 18(1) amended by Nos 35/2001 s. 6(Sch. 1 item 5(a)), 50/2015 s. 3(3).



36

(2) The Minister may, after consultation with Racing Victoria, issue such a permit, subject to any conditions that the Minister thinks fit.

(3) A permit remains in force until it is cancelled or surrendered.

(4) The Minister—

(a) may cancel a permit for any just and reasonable cause stated in writing; and

(b) must cancel a permit issued to a club if Racing Victoria notifies the Minister in writing that the club has no picnic race-meetings registered in accordance with its rules.

(5) Without limiting subsection (4), the Minister may cancel a permit if the permit is no longer correct in its details.

(6) A picnic race-meeting authorised by a permit under this section must be conducted under the rules of Racing Victoria.

* * * * *

19 Picnic race-meetings and mixed sports gatherings in country

S. 18(2) amended by No. 35/2001 s. 6(Sch. 1 item 5(b)).

S. 18(4)(b) amended by No. 35/2001 s. 6(Sch. 1 item 5(c)).

S. 18(6) amended by No. 35/2001 s. 6(Sch. 1 item 5(d)).

Heading preceding s. 19 repealed by No. 37/1994 s. 180(e).

No. 6070 s. 19. S. 19 amended by Nos 6607 s. 2(b)(i), 6851 s. 2(a), 8344 s. 26(3)(g), S.R. No. 166/1974 reg. 2, Nos 9671 s. 2, 9902 s. 2(1)(Sch. item 215).



37

(1) Notwithstanding anything to the contrary in this Part any club or association or body of persons may with the previous consent, with or without conditions, in writing of the Minister or of any person duly authorized in that behalf by the Minister (whether generally or in any particular case) and on payment of the prescribed fee (if any) hold a mixed sports gathering on land approved by the Minister or any authorized person aforesaid for the holding of such gathering on any specified day including ANZAC Day.

* * * * *

* * * * *

(2) Where any mixed sports gathering is held pursuant to subsection (1) of this section on ANZAC Day in any year the provisions of subsections (3) and (4) of section twenty-two A and of section twenty-two B of this Act shall apply as if such mixed sports gathering were a race-meeting.

* * * * *

S. 19(1) amended by Nos 17/1992 s. 4(2), 73/1996 s. 80(a)(i)(ii), 97/1998 s. 7, 16/2001 s. 6, 96/2003 s. 17(1).

S. 19(1A) inserted by No. 9050 s. 2(d), amended by No. 9388 s. 9, repealed by No. 17/1992 s. 4(3).

S. 19(1B) inserted by No. 19/1986 s. 16, repealed by No. 17/1992 s. 4(3).

S. 19(2) inserted by No. 6607 s. 2(b)(ii), amended by Nos 6851 s. 2(b), 73/1996 s. 80(b), 96/2003 s. 17(1).

S. 19AA inserted by No. 37/1994 s. 181, repealed by No. 97/1998 s. 8.



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19A Restricted harness racing meetings

(1) Despite anything to the contrary in this Part, a club may apply to the Minister for the issue of a permit authorising the club to hold restricted harness racing meetings approved in accordance with the rules of Harness Racing Victoria on specified land 32 kilometres or more from the north-east corner of Bourke and Elizabeth Streets, Melbourne on any day permitted by this Act and approved by Harness Racing Victoria.

(2) The Minister may, after consultation with Harness Racing Victoria, issue such a permit, subject to any conditions that the Minister thinks fit.


(4) The Minister—


(b) must cancel a permit issued to a club if Harness Racing Victoria notifies the Minister in writing that the club has no restricted harness racing meetings approved in accordance with its rules.

S. 19A inserted by No. 9269 s. 4, amended by Nos 9671 ss 29, 30, 125/1986 s. 5, 37/1994 s. 182(a), substituted by No. 73/1996 s. 81.

S. 19A(1) amended by Nos 16/2001 s. 28(Sch. item 4(a)), 50/2015 s. 3(4).

S. 19A(2) amended by No. 16/2001 s. 28(Sch. item 4(b)).

S. 19A(4)(b) amended by No. 16/2001 s. 28(Sch. item 4(c)).



39


(6) A restricted harness racing meeting authorised by a permit under this section must be conducted under the rules of Harness Racing Victoria.

20 Point-to-point steeplechases held by hunt clubs

(1) Despite anything to the contrary in this Part, a hunt club may apply to the Minister for the issue of a permit authorising the hunt club to hold point-to-point steeplechase races registered in accordance with the rules of Racing Victoria on specified land on any day permitted by this Act and approved by Racing Victoria.

(2) The Minister may, after consultation with Racing Victoria, issue such a permit, subject to any conditions that the Minister thinks fit.


(4) The Minister—


(b) must cancel a permit issued to a hunt club if Racing Victoria notifies the Minister in writing that the hunt club has no point-to-point steeplechase races registered in accordance with its rules.

S. 19A(6) amended by No. 16/2001 s. 28(Sch. item 4(d)).

No. 6070 s. 20.S. 20 amended by No. 8344 s. 26(3)(h), substituted by No. 73/1996 s. 82.

S. 20(1) amended by No. 35/2001 s. 6(Sch. 1 item 6(a)).

S. 20(2) amended by No. 35/2001 s. 6(Sch. 1 item 6(b)).

S. 20(4)(b) amended by No. 35/2001 s. 6(Sch. 1 item 6(c)).



40


(6) Point-to-point steeplechase races authorised by a permit under this section must be conducted under the rules of Racing Victoria.

(7) Nothing done or omitted to be done in accordance with a permit shall be taken to be an offence under this Part.

(8) Nothing in this section relieves a person concerned in holding point-to-point steeplechase races in accordance with a permit from any civil liability which the person has incurred by reason of having been so concerned.

21 Charitable race-meetings on metropolitan race-courses in excess of statutory number

(1) Notwithstanding anything to the contrary in this Part the Minister may permit the owners or trustees of any race-course to hold race-meetings on such race-course for any charitable or benevolent purpose.

(2) The net profit from any such meeting must be paid by the racing club conducting the meeting to the Hospitals and Charities Fund within 2 months from the day on which the meeting was held.

* * * * *

S. 20(6) amended by No. 35/2001 s. 6(Sch. 1 item 6(d)).

No. 6070 s. 21.

S. 21(1) amended by Nos 6836 s. 11(a), 8344 s. 26(3)(i), 8566 s. 4(1), S.R. No. 166/1974 reg. 2, No. 37/1994 s. 182(b)(c).

S. 21(2) amended by No. 8344 s. 26(3)(i), S.R. No. 166/1974 reg. 2, substituted by No. 97/1998 s. 9.

S. 21(2) Proviso repealed by No. 37/1994 s. 182(d).



41

(3) In this section Hospitals and Charities Fund means the Hospitals and Charities Fund established under the Health Services Act 1988.

* * * * *

22 Harness races at agricultural shows

Notwithstanding anything to the contrary in this Act or the Gambling Regulation Act 2003—

(a) the holding of not more than six harness races (of which in the case of the Royal Agricultural Society of Victoria not more than three shall be held before seven o'clock in the evening and not more than three shall be held after seven o'clock in the evening) on any one day at the annual show of any Agricultural Society shall not be unlawful if—

* * * * *

(ii) the total amount of the prize or prizes in money (if any)—

(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 $1200; or (in the case of any other Agricultural Society) given in respect of any one of such

S. 21(3) substituted by No. 97/1998 s. 9.S. 21(4) repealed by No. 8566 s. 4(2).

No. 6070 s. 22. S. 22 amended by Nos 7621 s. 13(2)(a), 114/2003 s. 12.1.3(Sch. 6 item 10.4(a)).S. 22(a) substituted by No. 6678 s. 2, amended by Nos 8344 s. 26(3)(j), 9671 s. 28, 73/1996 s. 85(a).

S. 22(a)(i) amended by No. 9038 s. 2(a), repealed by No. 73/1996 s. 85(b).



42

races on any day does not exceed the sum of $150; and

(iii) all such races are registered by and under the rules for the time being in force of Harness Racing Victoria;

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

(i) for the purposes of this Part and the Gambling Regulation Act 2003 be deemed to be a race-meeting; and

* * * * *

(c) every person who (whether on any of such races or on any other betting 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 less than 2 penalty units or more than 10 penalty units for every such offence.

22A Race-meetings on ANZAC Day

S. 22(a)(iii) amended by Nos 9671 s. 29, 16/2001 s. 28(Sch. item 5).

S. 22(b)(i) amended by Nos 7621 s. 13(2)(b)(i), 114/2003 s. 12.1.3 (Sch. 6 item 10.4(b)).

S. 22(b)(ii) amended by No. 7621 s. 13(2)(b)(ii), repealed by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.4(c)).

S. 22(c) amended by Nos 125/1986 s. 13(b), 16/2001 s. 7.

S. 22A inserted by No. 6607 s. 2(a).S. 22A (Heading) inserted by No. 96/2003 s. 17(2).



43

(1) No race-meeting for horse races shall be held on ANZAC Day in any year except—

(a) one race-meeting conducted by Victoria Racing Club Limited on the Flemington Race-course; and

(b) such other race-meetings on such race-courses as the Minister determines.

(2) No race-meeting for harness races shall be held on ANZAC Day in any year except—

(a) one race-meeting on a race-course licensed for harness racing within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne; and

(b) one race-meeting on each of such race-courses not being within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne as Harness Racing Victoria determines.

S. 22A(1) amended by No. 96/2003 s. 17(3).

S. 22A(1)(a) amended by Nos 6836 s. 11(a), 8344 s. 26(3)(k), S.R. No. 166/1974 reg. 2, Nos 8776 s. 2(f), 40/2006 s. 41.

S. 22A(1)(b) substituted by No. 37/1994 s. 182(e).

S. 22A(2) amended by Nos 9671 s. 28, 96/2003 s. 17(3).

S. 22A(2)(a) amended by No. 9671 s. 29, substituted by No. 37/1994 s. 182(f), amended by No. 50/2015 s. 3(5).

S. 22A(2)(b) amended by No. 6836 s. 11(a), S.R. No. 166/1974 reg. 2, Nos 9671 s. 29, 16/2001 s. 28(Sch. item 6), 50/2015 s. 3(5).



44

(3) A race at any race-meeting on ANZAC Day must not commence before 1 p.m.

(4) The person club or other body by or on behalf of whom or which any race-meeting is held on ANZAC Day shall within two months after the holding of such race-meeting—

(a) supply to the Minister a detailed statement correctly setting out all receipts and expenditure in connexion with such race-meeting and verified by statutory declaration made by such person or by the president or chairman and the secretary or treasurer of such club or body; and

(b) pay the whole of the net profit from such race-meeting into the ANZAC Day Proceeds Fund established under the ANZAC Day Act 1958: Provided that the Minister may before the race-meeting is held authorize the payment of the net profit therefrom to any institution or organization in the district of the race-course if he is satisfied, after consultation with the president for the time being of the Victorian branch of the Returned Services League of Australia, that such institution or organization is one whose objects would permit it to be recommended to share in the distribution of the said Fund under subsection (3) of section four A of the said Act.

S. 22A(3) amended by Nos 6836 s. 11(a), 8566 s. 5, S.R. No. 166/1974 reg. 2, substituted by No. 28/1986 s. 5, amended by No. 96/2003 s. 17(3).

S. 22A(4) amended by Nos 8344 s. 26(3)(k), 96/2003 s. 17(3).

S. 22A(4)(b) amended by Nos 49/1987 s. 24(1)(a), 37/1994 s. 182(g)(i)(ii), 96/2003 s. 17(3).



45

* * * * *

* * * * *

* * * * *

22B Penalty for failure to supply statement of receipts and expenditure or pay net profit from race-meeting to Fund

If the net profit from any race-meeting held on ANZAC Day is not paid as provided in subsection (4) of section twenty-two A of this Act or if the statement of receipts and expenditure is not supplied in accordance with that subsection the person club or other body by or on behalf of whom or which such race-meeting was held and each member of the managing body or committee of such club or other body shall be liable to a penalty of not more than 10 penalty units.

* * * * *

* * * * *

S. 22A(5) amended by Nos 9671 s. 28, 9924 s. 10(2) (as amended by No. 10087 s. 3(1)(Sch. 1 item 198)), repealed by No. 37/1994 s. 182(h).

S. 22A(6) repealed by No. 37/1994 s. 182(h).

S. 22A(7) substituted by No. 17/1992 s. 6(2), repealed by No. 37/1994 s. 182(h).

S. 22B inserted by No. 6607 s. 2(a), amended by Nos 125/1986 s. 13(g), 96/2003 s. 17(4).

S. 22C repealed.

Heading preceding s. 23 repealed by No. 37/1994 s. 182(j).



46

23 Penalty for holding unauthorized race-meeting

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 less than 10 penalty units or more than 100 penalty units, 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.* * * * *

24 Race-course licence

(1) The Minister may issue a race-course licence which authorises the holding of race-meetings for such one or more of the following types of racing on the race-course—

(a) horse racing;

(b) harness racing;

(c) greyhound racing—

as are specified in the licence.

* * * * *

No. 6070 s. 23.S. 23 amended by No. 125/1986 s. 13(c).

Heading preceding s. 24 repealed by No. 37/1994 s. 182(k).

No. 6070 s. 24. S. 24 amended by Nos 6836 s. 11(a), 7621 s. 12(2), 8344 s. 26(3)(l), S.R. No. 166/1974 reg. 2, No. 9671 ss 28, 29, substituted by No. 37/1994 s. 183.

S. 24(2) repealed by No. 73/1996 s. 76(1).



47

(3) The Minister may issue such a licence if satisfied that—

(a) the location is appropriate; and

(b) the facilities are suitable—

for a race-course.

(4) Subject to subsection (5), a licence may be subject to any conditions that the Minister thinks fit.

(5) A licence must not contain a condition restricting or specifying—

(a) the number of race-meetings which may be held; or

(b) the times at which or the days on which race-meetings may be held.

(6) A licence remains in force until it is cancelled or surrendered.

(7) The Minister—

(a) may cancel a licence for any just and reasonable cause stated in writing; and

(b) must cancel a licence if the Minister is satisfied that the race-course in respect of which the licence is issued is no longer required by any club licensed under section 24A for the purpose of holding race-meetings.

(8) Without limiting subsection (7), the Minister may cancel a licence if—

(a) the licensee has contravened this Act or the regulations or a condition of the licence; or

S. 24(4) substituted by No. 73/1996 s. 76(2).





48

(b) the Minister is no longer satisfied as required by subsection (3); or.

(c) the licence is no longer correct in its details.

(9) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.

24A Racing-club licence

(1) In this section club means—

(a) a club registered in accordance with the rules of Racing Victoria;

(b) a club registered in accordance with the rules of Harness Racing Victoria;

(c) a club registered in accordance with the rules of Greyhound Racing Victoria.

(2) A club referred to in subsection (1)(a) may apply to the Minister for the issue of a racing-club licence which authorises the club to conduct race-meetings for horse racing on specified race-courses licensed under section 24 for horse racing.

(3) A club referred to in subsection (1)(b) may apply to the Minister for the issue of a racing-club licence which authorises the club to conduct race-meetings for harness racing on one or more

S. 24(8)(b) amended by No. 73/1996s. 76(4).

S. 24(8)(c) inserted by No. 73/1996 s. 76(4).

S. 24(9) inserted by No. 74/2010 s. 32(2).


S. 24A(1)(a) amended by No. 35/2001 s. 6(Sch. 1 item 7(a)).

S. 24A(1)(b) amended by No. 16/2001 s. 28(Sch. item 7(a)).

S. 24A(1)(c) amended by No. 16/2001 s. 28(Sch. item 7(b)).

S. 24A(3) amended by No. 97/1998 s. 10(1).



49

specified race-courses which are licensed under section 24 for harness racing.

(4) A club referred to in subsection (1)(c) may apply to the Minister for the issue of a racing-club licence which authorises the club to conduct race-meetings for greyhound racing on one or more specified race-courses which are licensed under section 24 for greyhound racing.

* * * * *

(6) The Minister, after consultation with the Commission, must issue such a licence if satisfied that the applicant and its officers, if any, are of good reputation having regard to character, honesty and integrity.

(7) Subject to subsection (8), a licence may be subject to any conditions that the Minister thinks fit.

(8) A licence must not contain a condition restricting or specifying—

(a) the number of race-meetings which may be held; or

(b) the times at which or the days on which race-meetings may be held.

(9) A licence remains in force until it is cancelled or surrendered.

(10) The Minister—

(a) may cancel a licence for any just and reasonable cause stated in writing; and

S. 24A(4) amended by No. 97/1998 s. 10(2).

S. 24A(5) repealed by No. 73/1996 s. 77(1).

S. 24A(6) amended by No. 77/2013 s. 42.

S. 24A(7) substituted by No. 73/1996 s. 77(2).





50

(b) must cancel a licence if Racing Victoria or Harness Racing Victoria or Greyhound Racing Victoria (as the case may be) notifies the Minister in writing that the licensee is no longer registered in accordance with the relevant rules referred to in subsection (1).

(11) Without limiting subsection (10), the Minister may cancel a licence if—

(a) the licensee has contravened this Act or the regulations or a condition of the licence; or

(b) the licensee has contravened the rules of the club referred to in section 26 or 59A, as the case may be; or

(c) the Minister is no longer satisfied as required by subsection (6); or

(d) the licence is no longer correct in its details.

(11A) The Minister may, at any time, consult with the Commission about a club or an office holder of a club.

(12) A club may hold more than one racing-club licence.

(13) A club holding a racing-club licence must furnish to the Minister its annual report and financial statements within 3 months after the end of the year to which they relate.

S. 24A(10)(b) amended by Nos 16/2001 s. 28(Sch. item 7(c)), 35/2001 s. 6(Sch. 1 item 7(b)).

S. 24A(11)(c) amended by No. 73/1996s. 77(4).

S. 24A(11)(d) inserted by No. 73/1996 s. 77(4).

S. 24A(11A) inserted by No. 16/2001 s. 8, amended by No. 77/2013 s. 42.



51

(14) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.

25 Map of race-course

With each application for a first licence for a race-course the applicant shall furnish the Minister with a map or plan thereof showing the running-course and the length thereof and with such information as may be required by the Minister.

26 Rules of the club

(1) Before a licence authorizing any club to conduct a race-meeting is issued there shall be submitted to the Minister 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 Minister within twenty-eight days of such alteration.

(2A) A change to the constitution of a club or to the conditions under which a club may use a race-course does not take effect until it is approved by the Minister.

(3) Nothing in this section confers any power or imposes any obligation on the Minister to enforce any rules which are approved in accordance with this section.

* * * * *

29 Licences not to authorize benefit meetings

S. 24A(14) inserted by No. 74/2010 s. 32(3).

No. 6070 s. 25.S. 25 amended by Nos 8344 s. 26(3)(m), 37/1994 s. 184(a), 73/1996 s. 78.

No. 6070 s. 26.S. 26 amended by No. 8344 s. 26(3)(n).

S. 26(2) amended by No. 16/2001 s. 9(1).

S. 26(2A) inserted by No. 16/2001 s. 9(2).

S. 26(3) inserted by No. 28/1986 s. 6.

Ss 27, 28 repealed.

No. 6070 s. 29.



52

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

(1A) A person must not knowingly receive a direct financial benefit from the profits of a race-meeting.

Penalty:1000 penalty units.

(1B) A person must not conduct a race-meeting knowing that a person will receive a direct financial benefit from the profits of the race-meeting.


(1C) If a club or association conducts a race-meeting and a person receives a direct financial benefit from the profits of the race-meeting, each member of the managing body or committee of the club or association is guilty of an offence.


(1D) In proceedings against a person for an offence under subsection (1C), it is a defence to prove that the person charged did not know that a person was to receive a direct financial benefit of the kind referred to in that subsection.

(2) Payment to an employee of the club for his or her services in relation to the functions of the club shall not be deemed to be a direct benefit for the purposes of this section.

* * * * *

* * * * *

S. 29(1) amended by No. 37/1994 s. 185(1).


S. 29(1B) inserted by No. 37/1994 s. 185(2).

S. 29(1C) inserted by No. 37/1994 s. 185(2).

S. 29(1D) inserted by No. 37/1994 s. 185(2).

S. 29(2) amended by No. 37/1994 s. 185(3)(a)(b).

Ss 30, 31 repealed.

Heading preceding s. 32 amended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(b).



53

32 Licences for harness race-meetings held by Harness Racing Victoria

* * * * *

(6A) Notwithstanding anything to the contrary in this Act, the Minister may from time to time issue a permit to Harness Racing Victoria authorizing on such terms and conditions as he thinks fit the holding of a harness race-meeting on a specified race-course while a licence is in force in respect of the race-course.

* * * * *

* * * * *

Division 5—Exclusion orders by Chief Commissioner of Police

No. 6070 s. 32.

S. 32(1)–(6) repealed.

S. 32(6A) inserted by No. 9671 s. 3(a), amended by Nos 49/1987 s. 24(1)(b), 16/2001 s. 28(Sch. item 8).

S. 32(7) inserted by No. 7691 s. 2, amended by No. 9671 ss 3(b), 28, repealed by No. 37/1994 s. 186(c).

S. 32(8) inserted by No. 7691 s. 2, amended by No. 9671 ss 3(c), 28, repealed by No. 37/1994 s. 186(c).

Pt 1 Div. 5 (Heading and s. 33) amended by Nos 6836 s. 11(a), 8209 s. 3, 8344 s. 26(3)(q), S.R. No. 166/1974 reg. 2, Nos 9671 s. 28, 9924 s. 11(1)(2), repealed by No. 37/1994 s. 186(d), new Pt 1 Div. 5 (Heading and ss 33–35D) inserted by No. 55/2005 s. 4.



54

33 Exclusion orders by Chief Commissioner of Police

(1) The Chief Commissioner of Police may, if he or she considers it necessary in the public interest, by written order given to a person, prohibit the person from entering, or remaining at—

(a) a specified race-course; or

(b) two or more specified race-courses—

for the duration of a race-meeting at the race-course.

(2) Nothing in this section empowers the Chief Commissioner of Police to make an exclusion order in respect of a person who holds a bookmaking licence or an occupational racing licence within the meaning of Part IIIC.

34 Duration of exclusion orders

An exclusion order remains in force in respect of a person until it is revoked by the Chief Commissioner of Police.

35 List and photographs of excluded persons

(1) The Chief Commissioner of Police must prepare and keep a list of names of persons who are the subject of an exclusion order and indicate the specified race-course to which that order relates.Note

Under section 37(c) of the Interpretation of Legislation Act 1984, words in the singular also include the plural.






55

(2) The Chief Commissioner of Police must—

(a) on the making of an exclusion order, add the name of the person the subject of the order to the list kept under subsection (1); and

(b) on the amendment of an exclusion order made with respect to the order's scope, add to or omit from the list kept under subsection (1) a specified race-course in accordance with that amendment; and

(c) on the revocation of an exclusion order, omit the name of the person who was the subject of the order from the list kept under subsection (1).

(3) The Chief Commissioner of Police must ensure that an up-to-date copy of a list kept under subsection (1) is provided to the chief steward of each of the controlling bodies as soon as practicable after the list is prepared under that subsection or amended under subsection (2), as the case requires.

(4) The Chief Commissioner of Police must, if he or she has one, give to the chief steward of each of the controlling bodies a photograph of each person whose name is on the list provided to the chief steward under subsection (3) as soon as practicable after the name of the person is added to the list.

35A Provision of list and photographs to stewards

The chief steward of a controlling body may give to a steward a copy of the up-to-date list and photographs provided to the chief steward under section 35.

35B Excluded person not to enter race-course

A person who is the subject of an exclusion order relating to a specified race-course must not enter,

New s. 35A inserted by No. 55/2005 s. 4.

New s. 35B inserted by No. 55/2005 s. 4.



56

or remain at, the race-course at any time during the duration of a race-meeting.


35C Notifying police of presence of excluded persons

A steward who reasonably believes that a person who is the subject of an exclusion order is at a specified race-course at any time during the duration of a race-meeting, must notify a police officer as soon as practicable.

35D Police powers of entry to a race-course

A police officer may, on being authorised by a steward so to do, enter any part of a specified race-course to which the public does not have access and remain there for the purpose of enforcing an exclusion order for the duration of a race-meeting.

35DA Advice to Professional Boxing and Combat Sports Board

The Chief Commissioner of Police must advise the Professional Boxing and Combat Sports Board (within the meaning of section 14 of the Professional Boxing and Combat Sports Act 1985) that an exclusion order has been made if the person who is the subject of the order has a licence, or has applied for a licence or its renewal under Division 1 of Part II of the Professional Boxing and Combat Sports Act 1985.

35E Procedure on application for review

(1) This section applies if an application is made to a court for review of a decision by the Chief Commissioner under section 33 to make an exclusion order.

(2) If the Chief Commissioner objects to the disclosure or production of protected information at the hearing of the application for review, the

S. 35C inserted by No. 55/2005 s. 4, amended by No. 37/2014 s. 10(Sch. item 139.2).

S. 35D inserted by No. 55/2005 s. 4, amended by No. 37/2014 s. 10(Sch. item 139.2).

S. 35DA inserted by No. 65/2013 s. 25.




57

Chief Commissioner may apply before the hearing to the court to hear and determine the application for review—

(a) at a hearing at which evidence given by a police officer is given on the basis of a confidential affidavit that is not disclosed to one or more of the parties or any representative of those parties; or

(b) at a hearing held in closed court in which the Chief Commissioner and each party to the proceeding has a right to make submissions; or

(c) at a hearing held without notice to, and without the presence of, one or more of the parties or any representative of those parties; or

(d) by any combination of the methods set out in paragraphs (a), (b) and (c).

(3) If the court is satisfied that it is not in the public interest to hear and determine the application for review by the method elected by the Chief Commissioner, the court may hear and determine the application by any other method set out in subsection (2).

(4) In deciding which method to hear and determine the application for review, the court must take into account—

(a) the public interest in protecting the confidentiality of police investigative techniques and protected information in the possession of the police; and

(b) the extent to which the method of hearing and determining the matter may disclose any intelligence information, or document or thing the disclosure of which—

S. 35E(2)(a) amended by No. 37/2014 s. 10(Sch. item 139.3(a)).



58

(i) reveals the identity of the police officer who provided information on the basis of which the exclusion order was made or puts that police officer's safety at risk; or

(ii) reveals the identity of a person who has provided a police officer with information on the basis of which the exclusion order was made, or puts that person's safety at risk; or

(iii) reveals the identity of a person whose name appears in any evidence given or information provided to a police officer relating to an investigation, or puts that person's safety at risk; or

(iv) reveals the identity of a person who is or has been the subject of an investigation by a police officer, or puts that person's safety at risk; or

(v) places at risk an ongoing investigation by a police officer; or

(vi) risks the disclosure of any investigative method used by police officers; or

(vii) is otherwise not in the public interest.

(5) If the court decides to hear and determine the application for review by the method set out in subsection (2)(a), the court may require the police

S. 35E(4)(b)(i) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(i)).

S. 35E(4)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)).

S. 35E(4)(b)(iii) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)).

S. 35E(4)(b)(iv) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)).S. 35E(4)(b)(v) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(ii)).

S. 35E(4)(b)(vi) amended by No. 37/2014 s. 10(Sch. item 139.3(b)(iii)).

S. 35E(5) amended by No. 37/2014 s. 10(Sch. item 139.3(c)).



59

officer to provide the court with any further confidential affidavits the court requires to determine the application.

(6) In this section protected information means any intelligence information, document or thing the production or inspection of which—

(a) is likely to reveal any matter referred to in subsection (4)(b)(i) to (iv); or

(b) is likely to place at risk an ongoing investigation by a police officer; or

(c) is likely to risk the disclosure of any investigative method used by police officers; or

(d) is otherwise not in the public interest.

35F Appointment of special counsel

(1) If a court decides to hear and determine an application for review at a hearing referred to in section 35E(2)(c), the court may appoint a special counsel to represent the interests of a party to the proceeding at the hearing.

(2) A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of the court, has the appropriate skills and ability to represent the interests of the party at the hearing.

(3) At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application, the special counsel may communicate with the party whose interests he or she is representing, or any representative of that party, for the purpose of obtaining information

S. 35E(6)(b) amended by No. 37/2014 s. 10(Sch. item 139.3(d)(i)).

S. 35E(6)(c) amended by No. 37/2014 s. 10(Sch. item 139.3(d)(ii)).


S. 35F(2) amended by No. 17/2014 s. 160(Sch. 2 item 83.1).



60

from the party or representative in relation to the proceeding.

(4) At any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application, the special counsel—

(a) must not take instructions from the party whose interests he or she is representing, or from any representative of that party; and

(b) may communicate to that party or a representative of that party any order made by the court at or in relation to the hearing; and

(c) must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of the court.

* * * * *

Division 6—Miscellaneous* * * * *

Pt 1 Div. 5A (Heading and ss 34–35B) amended by Nos 6836 s. 11(a), 7621 s. 12(3)(4), 7684 s. 4, 7899 s. 2(1)–(3), 8209 s. 4(a)–(c), 8344 s. 26(3)(r)–(t), 9671 ss 28, 29, 49/1987 ss 14(a)(b), 24(1)(c)(i)–(iii), repealed by No. 37/1994 s. 186(d).

Heading preceding s. 36 repealed by No. 37/1994 s. 186(e).



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36 Regulations

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

* * * * *

(c) licences and permits and applications therefor and reasonable fees for permits;

(ca) forms to be used for the purposes of this Part;

* * * * *

(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) The regulations may apply, adopt or incorporate (with or without modification) any matter contained in any document issued or adopted by any specified person or body as issued or adopted at the time the regulation is made or at any time before then.

* * * * *

No. 6070 s. 36.

S. 36(1)(a)(b) repealed by No. 37/1994 s. 186(f).

S. 36(1)(ca) inserted by No. 6607 s. 2(d).

S. 36(1)(d) amended by No. 7684 s. 5, repealed by No. 37/1994 s. 186(f).

S. 36(2) repealed by No. 6886 s. 3, new s. 36(2) inserted by No. 49/1987 s. 23(a).

Heading preceding s. 37 repealed by No. 37/1994 s. 186(g).



62

37 No right to compensation

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 future session of Parliament relating to the subject-matter of this Part.

No. 6070 s. 37.



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Part IA—The Racing Integrity Commissioner

37A Racing Integrity Commissioner

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

(2) The Racing Integrity Commissioner is appointed by the Governor in Council on the recommendation of the Minister.

(3) The Racing Integrity Commissioner—

(a) is to hold office for a term, not exceeding 5 years, specified in the instrument of his or her appointment; and

(b) is eligible for re-appointment.

(4) The Racing Integrity Commissioner is entitled to receive any remuneration or allowances from time to time fixed by the Governor in Council.

(5) The appointment of the Racing Integrity Commissioner is on the terms and conditions determined by the Governor in Council.

(6) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Racing Integrity Commissioner in respect of the office of Commissioner.

37B Functions of the Racing Integrity Commissioner

(1) The functions of the Racing Integrity Commissioner are to—

(a) conduct annual audits of the internal integrity processes and systems, in whole or

Pt 1A (Heading and ss 37A–37F) inserted by No. 52/2009 s. 5.





64

in part, of each controlling body in areas identified—

(i) by the Racing Integrity Commissioner; or

(ii) by the Racing Integrity Commissioner in consultation with each controlling body; or

(iii) by the Integrity Board; or

(iv) by the Racing Integrity Commissioner in consultation with the Integrity Board;

(b) conduct audits outside the subject matter of the annual audit if a controlling body requests that such an audit be conducted;

(ba) conduct audits of the internal animal welfare processes and systems of each controlling body to the extent that they relate to integrity in racing;

(c) investigate complaints made about the integrity processes and systems of a controlling body;

(d) refer complaints to—

(i) if the complaint relates to a criminal matter, Victoria Police;

(ia) if the complaint appears to involve corrupt conduct, the IBAC, unless it appears to involve corrupt conduct of the IBAC or IBAC personnel;

(ii) if the complaint relates to an alleged or apparent contravention of the rules of a

S. 37B(1)(a)(ii) amended by No. 37/2018 s. 5(1)(a).

S. 37B(1)(a)(iii) inserted by No. 37/2018 s. 5(1)(b).

S. 37B(1)(a)(iv) inserted by No. 37/2018 s. 5(1)(b).

S. 37B(1)(ba) inserted by No. 17/2016 s. 3(1).

S. 37B(1) (d)(ia) inserted by No. 82/2012 s. 181(1).



65

controlling body, the relevant controlling body;

(iii) if the complaint relates to an alleged or apparent contravention of the Gambling Regulation Act 2003, the Commission;

(iv) if the complaint relates to an alleged or apparent contravention of any Act or subordinate instrument in connection with the integrity of racing, the relevant government agency;

(v) if the complaint relates to an internal integrity matter, the Integrity Board;

(vi) if the complaint relates to the animal welfare processes and systems of a controlling body, the relevant government agency;

(e) investigate matters referred by the Minister, the Integrity Board or a controlling body;

(ea) investigate public interest complaints that relate to the conduct of a controlling body or an employee, officer or member of a controlling body;

(f) report the findings of any investigations conducted into complaints that have not been referred to other bodies to—

(i) the person that made the complaint; and

(ii) with or without identifying the person that made the complaint or the person that is the subject of the complaint, the Minister, the Integrity Board or the relevant controlling body (as the

S. 37B(1)(d)(v) substituted by No. 37/2018 s. 5(2).

S.37B(1)(d)(vi) inserted by No. 17/2016 s. 3(2).

S. 37B(1)(e) amended by No. 37/2018 s. 5(3).

S. 37B(1)(ea) inserted by No. 2/2019 s. 106.

S. 37B(1)(f)(ii) amended by No. 37/2018 s. 5(4).



66

Racing Integrity Commissioner considers appropriate);

(g) conduct own motion inquiries that do not relate to any specific complaint and may include an investigation into systemic issues in racing;

(h) make recommendations (if appropriate) following the investigation of any complaint, inquiry or matter to (as the Racing Integrity Commissioner considers appropriate)—

(i) the Minister; or

(ia) the Integrity Board; or

(ii) the relevant controlling body;

(i) direct the Victorian Racing Tribunal to hear and determine an appeal made by a person against a penalty imposed on the person under the rules of a controlling body if—

(i) the penalty imposed is a fine of not more than $250; and

(ii) the Racing Integrity Commissioner considers that it is in the public interest for the appeal to be heard;

(j) perform any other functions conferred on the Racing Integrity Commissioner under this Act.

(2) The Racing Integrity Commissioner may advise the Minister of any failure by a controlling body to implement or act on a recommendation made by the Racing Integrity Commissioner to that controlling body under subsection (1)(h) if—

S. 37B(1)(h)(ia) inserted by No. 37/2018 s. 5(5).

S. 37B(1)(i) amended by No. 37/2018 s. 12.



67

(a) before advising the Minister, the Racing Integrity Commissioner notifies the controlling body of the Commissioner's intention to advise the Minister of the failure by the controlling body to implement or act on the recommendation; and

(b) the Racing Integrity Commissioner advises the controlling body that the controlling body may, within 14 days of receiving the notification made under paragraph (a), respond in writing to the Commissioner in respect of that notification.

(3) The Racing Integrity Commissioner must provide the Minister with any written response made by the controlling body under subsection (2)(b).

(4) Subsection (1)(d)(ia) does not apply to a matter that is the subject of a complaint or notification referred to the Racing Integrity Commissioner by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011.

(5) If the Racing Integrity Commissioner refers a complaint under subsection (1)(d)(ia), the Racing Integrity Commissioner must—

(a) cease his or her investigation of the referred complaint; and

(b) provide the IBAC with any evidence that the Integrity Commissioner has in his or her possession or control in relation to that referred complaint; and

(c) cooperate with the IBAC and ensure his or her staff provide all reasonable assistance requested by the IBAC in relation to that complaint.

S. 37B(4) inserted by No. 82/2012 s. 181(2), amended by No. 82/2012 s. 318(c).

S. 37B(5) inserted by No. 82/2012 s. 181(2).



68

37BA Powers of the Racing Integrity Commissioner conducting an inquiry

(1) Subject to subsection (2), sections 37BB to 37BJ apply to the conduct of an inquiry or investigation by the Racing Integrity Commissioner under this Part into a controlling body or a person, club or other body licensed or registered in accordance with the rules of a controlling body.

(2) The powers conferred on the Racing Integrity Commissioner under subsection (1) may be exercised only in respect of the following persons—

(a) a person licensed under the rules of a controlling body;

(b) a person registered under the rules of a controlling body;

(c) a member of the Board of a controlling body;

(d) an employee of a controlling body;

(e) a member of a committee or other managing body of a club registered under the rules of a controlling body;

(f) an employee of a club registered under the rules of a controlling body;

(g) any person who, at the time the matter which is the subject of the inquiry or investigation occurred, was a person referred to in paragraphs (a) to (f).

(3) In subsection (2)(c), Board of a controlling body means—

S. 37BA inserted by No. 77/2013 s. 41.

S. 37BA(1) substituted by No. 37/2018 s. 3(1).

S. 37BA(2)(f) amended by No. 37/2018 s. 3(2)(a).

S. 37BA(2)(g) inserted by No. 37/2018 s. 3(2)(b).



69

(a) in the case of horse racing, the Board of Directors of Racing Victoria; or

(b) in the case of harness racing, Harness Racing Victoria constituted under Part II; or

(c) in the case of greyhound racing, Greyhound Racing Victoria established under Part III.

37BB Power to compel production of documents and other things or attendance of witnesses

(1) For the purposes of conducting an inquiry or investigation, the Racing Integrity Commissioner may serve written notice on a person requiring the person to—

(a) produce a specified document or other thing which is material to the subject matter of the inquiry or investigation to the Racing Integrity Commissioner or a member of staff of the Commissioner conducting the inquiry or investigation at a specified time and in the specified manner; or

(b) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place to produce a specified document or other thing which is material to the subject matter of the inquiry or investigation; or

(c) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place, and from then on from day to day until excused, to give evidence; or

(d) attend the inquiry or investigation of the Racing Integrity Commissioner at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing

S. 37BB inserted by No. 37/2018 s. 4.



70

which is material to the subject matter of the inquiry or investigation.

(2) A written notice under subsection (1) in relation to an inquiry or investigation of the Racing Integrity Commissioner—

(a) must contain the following information—

(i) a statement outlining the consequences of failing to comply with the notice;

(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;

(iii) how the person may object to the notice; and

(b) must be served in accordance with section 37BC.

(3) A person whose attendance has been requiredby a notice under subsection (1) is required to attend at the time and place to which the inquiry or investigation of the Racing Integrity Commissioner is adjourned or postponed without the issue or service of any further notice.

37BC Service of notice to produce or notice to attend

(1) A notice under section 37BB directed to a natural person must be served—

(a) by serving a copy of the notice on the person personally; or

(b) by leaving a copy of the notice at the person's usual place of residence with a person who is apparently at least 18 years of age.

(2) A notice under section 37BB directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person

S. 37BC inserted by No. 37/2018 s. 4.



71

apparently employed at that office or place and who is apparently at least 18 years of age.

(3) Subsection (2) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.

37BD Power to take evidence on oath or affirmation

(1) The Racing Integrity Commissioner may require a person attending an inquiry or investigation under this Part, whether in accordance with a notice under section 37BB or otherwise—

(a) to give evidence or answer questions on oath or affirmation; or

(b) to give evidence or answer questions on oath or affirmation and to produce specified documents.

(2) The Racing Integrity Commissioner, or a member of staff who is authorised to do so by the Racing Integrity Commissioner, may administer an oath or affirmation to a person for the purposes of subsection (1).

37BE Offence to fail to comply with a notice to produce or attend

A person who is duly served with a notice under section 37BB in relation to a Racing Integrity Commissioner's inquiry or investigation under this Part must not, without reasonable excuse, refuse or fail to comply with the notice.

Penalty: 60 penalty units or imprisonment for 6 months or both.

37BF Offence to fail to take oath, make affirmation, answer question or produce document

(1) This section applies to—

(a) a person who is duly served with a notice under section 37BB; or

S. 37BD inserted by No. 37/2018 s. 4.

S. 37BE inserted by No. 37/2018 s. 4.

S. 37BF inserted by No. 37/2018 s. 4.



72

(b) a person who is present before an inquiry or investigation of the Racing Integrity Commissioner under this Part and is required to take an oath or make an affirmation or to respond to a question material to the subject matter of the inquiry or investigation or to produce any document or thing.

(2) A person to whom this section applies must not, without reasonable excuse—

(a) refuse or fail to take an oath or make an affirmation when required to do so; or

(b) refuse or fail to answer a question that the person is required to answer by the Racing Integrity Commissioner; or

(c) refuse or fail to produce a document or thing required to be produced.


37BG DPP or police officer may commence proceeding for offence against section 37BE or 37BF

(1) If the Racing Integrity Commissioner is of the opinion that a person is guilty of an offence against section 37BE or 37BF, the Commissioner may certify the facts to the Chief Commissioner of Police or the Director of Public Prosecutions.

(2) A police officer or the Director of Public Prosecutions may commence a proceeding for an offence against section 37BE or 37BF.

S. 37BG inserted by No. 37/2018 s. 4.



73

37BH Offence to make false or misleading statements or produce false or misleading documents or other things

(1) A person must not make a statement to the Racing Integrity Commissioner that the person knows to be false or misleading in a material particular.


Note

See section 314 of the Crimes Act 1958 in relation to perjury and section 254 of that Act in relation to the destruction of evidence.

(2) A person must not produce a document or other thing to the Racing Integrity Commissioner that the person knows to be false or misleading in a material particular unless the person—

(a) indicates to the Commissioner the respect in which it is false or misleading; and

(b) to the extent practicable, provides the correct information.


37BI Protection of participants

(1) The Racing Integrity Commissioner has, in respect of the performance of the Commissioner's functions under this Part, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.

(2) A member of staff of the Racing Integrity Commissioner has, in the performance of theperson's functions in a Racing Integrity Commissioner's inquiry or investigation under this Part, the same protection and immunity as a judge

S. 37BH inserted by No. 37/2018 s. 4.

S. 37BI inserted by No. 37/2018 s. 4.



74

of the Supreme Court has in the performance of the judge's duties as judge.

(3) A person legally representing another person in a Racing Integrity Commissioner's inquiry or investigation under this Part has the same protection and immunity as an Australian legal practitioner has in representing a party in a proceeding in the Supreme Court.

(4) A person who gives information or evidence, or produces a document or other thing, to the Racing Integrity Commissioner has the same protection and immunity as a witness has in a proceeding in the Supreme Court.

37BJ Statement not to be used against person who gives information or evidence, or produces a document or other thing

(1) A statement made by a person in response to any question put to the person in an inquiry or investigation by the Racing Integrity Commissioner under this Part—

(a) is not admissible in evidence in any civil or criminal proceeding against that person; and

(b) is not to be made the ground of any prosecution, action or suit against that person.

(2) Subsection (1) does not apply to a charge against a person for perjury committed by the person in making a statement in an inquiry or investigation by the Racing Integrity Commissioner under this Part.

(3) A certificate signed by the Racing Integrity Commissioner that a statement was made in response to any question put to the person in an inquiry or investigation by the Racing Integrity

S. 37BJ inserted by No. 37/2018 s. 4.



75

Commissioner under this Part is prima facie evidence that the statement was so made.

37C Powers of the Racing Integrity Commissioner

For the purposes of his or her functions, the Racing Integrity Commissioner—

(a) has such powers as are conferred on him or her by this Act; and

(b) may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the performance of his or her functions.

37CA Protection from liability for Racing Integrity Commissioner

(1) The Racing Integrity Commissioner is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function under this Act; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act.

(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the Racing Integrity Commissioner attaches instead to the State.

37D Staff

There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary to enable the Racing Integrity Commissioner to perform his or her functions and exercise his or her powers.


S. 37CA inserted by No. 37/2018 s. 7.




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37E Disclosure of information

(1) The Racing Integrity Commissioner may disclose integrity related information to, as appropriate—

(a) a controlling body including its integrity sub-committee and Stewards; or

(b) the Commission; or

(c) the Victorian Racing Tribunal; or

(d) the Chief Commissioner of Police or a police officer authorised in writing by the Chief Commissioner of Police; or

(e) the Commissioner of the Australian Federal Police or a member of the Australian Federal Police authorised in writing by the Commissioner of the Australian Federal Police; or

(f) the Minister; or

(fa) the IBAC; or

(fb) the Victorian Inspectorate within the meaning of the Victorian Inspectorate Act 2011; or

(g) a person or body that, in the opinion of the controlling body, controls, organises or administers an approved betting event; or

(h) the Australian Transaction Reports and Analysis Centre; or


S. 37E(1)(c) substituted by No. 37/2018 s. 13.

S. 37E(1)(d) amended by No. 37/2014 s. 10(Sch. item 139.4).

S. 37E(1)(fa) inserted by No. 82/2012 s. 182.

S. 37E(1)(fb) inserted by No. 82/2012 s. 182.



77

(i) the Commissioner of Taxation of the Commonwealth; or

(ia) the Australian Crime Commission; or

(ib) the Australian Securities and Investments Commission; or

(ic) the Commonwealth Services Delivery Agency (Centrelink); or

(id) the Ombudsman; or

(ie) the following persons or bodies—

(i) the ACT Gambling and Racing Commission established by section 5 of the Gambling and Racing Control Act 1999 of the Australian Capital Territory;

(ii) the Australian Border Force within the meaning of the Australian Border Force Act 2015 of the Commonwealth;

(iii) the Australian Pesticides and Veterinary Medicines Authority continued by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;

(iv) the Director of Racing appointed under section 5 of the Racing Regulation Act 2004 of Tasmania;

S. 37E(1)(ia) inserted by No. 55/2012 s. 8.

S. 37E(1)(ib) inserted by No. 55/2012 s. 8.

S. 37E(1)(ic) inserted by No. 55/2012 s. 8.

S. 37E(1)(id) inserted by No. 55/2012 s. 8.

S. 37E(1)(ie) inserted by No. 50/2015 s. 4.



78

(v) the Gaming and Wagering Commission of Western Australia established under section 4 of the Gaming and Wagering Commission Act 1987 of Western Australia;

(vi) Greyhound Racing New South Wales constituted by the Greyhound Racing Act 2009 of New South Wales;

(vii) Greyhound Racing SA Limited ACN 094 569 525;

(viii) Greyhounds Australasia Limited ACN 106 879 903;

(ix) Harness Racing Australia Inc incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory;

(x) Harness Racing New South Wales constituted by the Harness Racing Act 2009 of New South Wales;

(xi) Harness Racing SA Limited ACN 094 559 930;

(xii) the Northern Territory Racing Commission established by the Racing and Betting Act of the Northern Territory;

(xiii) the Queensland Racing Integrity Commissioner appointed under section 113AL of the Racing Act 2002 of Queensland;

(xiv) Racing Analytical Services Ltd ACN 006 957 624;

(xv) Racing and Wagering Western Australia established by section 4 of



79

the Racing and Wagering Western Australia Act 2003 of Western Australia;

(xvi) Racing Australia Pty Ltd ACN 105 994 330;

(xvii) Racing New South Wales established by section 4 of the Thoroughbred Racing Act 1996 of New South Wales;

(xviii) Racing Queensland Limited ACN 142 786 874;

(xix) the Therapeutic Goods Administration of the Department of Health of the Commonwealth;

(xx) Thoroughbred Racing NT Incorporated, being an association incorporated under the Associations Act of the Northern Territory;

(xxi) Thoroughbred Racing SA Limited ACN 094 475 939; or

(j) a person or body that—

(i) has any regulatory or administrative functions in respect of racing, bookmaking or betting in Victoria or in another State or a Territory of the Commonwealth; and

(ii) is specified by the Minister, by Order published in the Government Gazette, for the purposes of this section.


integrity related information is information the Racing Integrity Commissioner has collected or been given in the performance of his or her functions and includes, but is not limited to, information in relation to—



80

(a) the contravention, or the alleged contravention, of the rules of a controlling body;

(b) the identity of persons alleged to have contravened the rules of a controlling body;

(c) complaints investigated under this Part;

(d) audits conducted under this Part.

37F Annual report

(1) On or before 30 September each year, the Racing Integrity Commissioner must submit to the Minister, for the year ending on 30 June that year, a report on—

(a) the performance of his or her functions or the exercise of his or her powers; and

(b) any integrity-related issue he or she determines is in the public interest.

(2) The Minister must cause each annual report submitted to him or her under this section to be laid before each House of Parliament within 14 sitting days after receiving it.

37G Mandatory notification of corrupt conduct to IBAC

(1) Subject to any exemption notice issued under section 57B of the Independent Broad-based Anti-corruption Commission Act 2011, the Racing Integrity Commissioner must notify the IBAC of any matter that the Racing Integrity Commissioner suspects on reasonable grounds involves corrupt conduct


S. 37F(1) amended by No. 55/2012 s. 9(1).

S. 37F(2) amended by No. 55/2012 s. 9(2).


S. 37G(1) substituted by No. 30/2016 s. 87(1).



81

occurring or having occurred, of which the Racing Integrity Commissioner becomes aware in the performance of functions or the exercise of powers under this Act or any other Act.

(2) This section does not apply to corrupt conduct of the IBAC or IBAC personnel.

(3) This section does not apply to a matter referred to the Racing Integrity Commissioner by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011.

(4) If the Racing Integrity Commissioner considers at any time that any matter described in subsection (3) appears to involve conduct that is corrupt conduct, the Racing Integrity Commissioner must inform the IBAC.

37H Consultation prior to referral or notification

For the purposes of deciding whether to make a referral or notification under this Part to the IBAC, the Racing Integrity Commissioner may consult the IBAC.

37I Communication of information to the IBAC

(1) At any time, the Racing Integrity Commissioner may provide or disclose any information received or obtained in the course of the performance of functions or duties or the exercise of powers under this Act or any other Act to the IBAC if the Racing Integrity Commissioner considers that—

(a) the information is relevant to the performance of the functions or duties or the exercise of powers of the IBAC; and

(b) it is appropriate for the information to be brought to the attention of the IBAC, having regard to the nature of the information.

S. 37G(3) amended by No. 82/2012 s. 318(c).

S. 37G(4) amended by No. 30/2016 s. 87(2).





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(2) This section applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).

37J Racing Integrity Commissioner not to prejudice investigations of the IBAC

(1) If the Racing Integrity Commissioner is, or becomes, aware of an IBAC investigation, the Racing Integrity Commissioner must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation.

(2) For the purposes of ensuring compliance with subsection (1), the Racing Integrity Commissioner may consult the IBAC.

37K Racing Integrity Commissioner must investigate public interest complaints

Subject to sections 37L and 37M, the Racing Integrity Commissioner must conduct an investigation under this Act on a public interest complaint referred to the Racing Integrity Commissioner by the IBAC.

37L Racing Integrity Commissioner must refuse to investigate certain public interest complaints

(1) The Racing Integrity Commissioner must refuse to conduct an investigation on a public interest complaint if the investigation would prejudice any—

(a) criminal proceedings or criminal investigations; or

(b) investigations by the IBAC or the Victorian Inspectorate.

(2) For the purposes of ensuring compliance with subsection (1), the Racing Integrity Commissioner may consult any of the following—

S. 37J inserted by No. 82/2012 s. 183.

S. 37K inserted by No. 2/2019 s. 107.

S. 37L inserted by No. 2/2019 s. 107.



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(a) the Director of Public Prosecutions;

(b) the Chief Commissioner of Police;

(c) the IBAC;

(d) the Victorian Inspectorate.

37M Racing Integrity Commissioner may refuse to investigate certain public interest complaints

(1) The Racing Integrity Commissioner may refuse to conduct an investigation on a public interest complaint if the Racing Integrity Commissioner considers the subject matter of the public interest complaint has already been investigated or otherwise dealt with by—

(a) an integrity body within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or

(b) any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.

(2) The Racing Integrity Commissioner may refuse to conduct an investigation on a public interest complaint if the person who made the public interest complaint—

(a) made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and

(b) fails to give a satisfactory explanation for the delay in making the disclosure.

(3) The Racing Integrity Commissioner may refuse to conduct an investigation on a public interest complaint if the Racing Integrity Commissioner considers that the conduct that is the subject of the complaint does not amount to improper conduct,

S. 37M inserted by No. 2/2019 s. 107.



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within the meaning of section 3 of the Public Interest Disclosures Act 2012, or detrimental action against a person in contravention of section 45 of that Act.

37N Notification of refusal to conduct investigation on public interest complaint

(1) This section applies if the Racing Integrity Commissioner refuses under section 37L or 37M to conduct an investigation on a public interest complaint.

(2) Within a reasonable time after the public interest complaint is referred to the Racing Integrity Commissioner by the IBAC, the Racing Integrity Commissioner must inform the IBAC and the person who made the public interest disclosure of—

(a) the refusal to conduct the investigation; and

(b) the reason for that refusal.

37O Notification of corrupt conduct

If, at any time before, during or after an investigation of a public interest complaint, the Racing Integrity Commissioner believes that the conduct that is the subject of the complaint appears to involve corrupt conduct, the Racing Integrity Commissioner must—

(a) notify the IBAC of that belief; and

(b) if the investigation of the public interest complaint has not been completed—suspend the investigation pending a response from the IBAC to the notification.

37P Procedure on completion of investigation of public interest complaint

S. 37N inserted by No. 2/2019 s. 107.

S. 37O inserted by No. 2/2019 s. 107.

S. 37P inserted by No. 2/2019 s. 107.



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(1) On completion of an investigation of a public interest complaint, the Racing Integrity Commissioner—

(a) must report the findings of the investigation to—

(i) the relevant controlling body; and

(ii) the Minister; and

(b) may make recommendations as to the action to be taken as a result of the investigation to—

(i) the Minister; or

(ii) the relevant controlling body.

(2) If the Racing Integrity Commissioner makes recommendations to the relevant controlling body, the Racing Integrity Commissioner—

(a) must provide the Minister with a copy of those recommendations; and

(b) may request the controlling body to notify the Racing Integrity Commissioner within a specified time of the steps to be taken to address the recommendations.

(3) If no appropriate steps have been taken by the relevant controlling body to address the recommendations of the Racing Integrity Commissioner within a reasonable time after those recommendations were made, the Racing Integrity Commissioner may advise the Minister of that failure.

(4) The Racing Integrity Commissioner must not include in a report under this section any information that—

(a) is likely to lead to the identification of a person who has made an assessable disclosure; and



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(b) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

37Q Person who made public interest disclosure to be informed of result of investigation

(1) If the Racing Integrity Commissioner conducts an investigation on a public interest complaint, the Racing Integrity Commissioner must inform the person who made the complaint (unless the complaint was made anonymously) of—

(a) the result of the investigation; and

(b) any other information that the Racing Integrity Commissioner thinks proper.

(2) The Racing Integrity Commissioner must not disclose any information under this section if the Racing Integrity Commissioner considers that the disclosure of the information would—

(a) not be in the public interest or in the interests of justice; or

(b) put a person's safety at risk; or

(c) cause unreasonable damage to a person's reputation; or

(d) prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or

(e) otherwise contravene any applicable statutory secrecy obligations or involve the unreasonable disclosure of information relating to the personal affairs of any person.

37R Racing Integrity Commissioner must not disclose certain information

If a public interest complaint is referred by the IBAC to the Racing Integrity Commissioner for

S. 37Q inserted by No. 2/2019 s. 107.

S. 37R inserted by No. 2/2019 s. 107.



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investigation, the Racing Integrity Commissioner must not disclose any information that—

(a) is likely to lead to the identification of a person who has made an assessable disclosure; and

(b) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

37S Disclosure of information by Racing Integrity Commissioner

(1) At any time, the Racing Integrity Commissioner may provide or disclose any information received or obtained in the course of an investigation of an assessable disclosure to a person or body specified in subsection (3) if the Racing Integrity Commissioner considers that—

(a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and

(b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information.

(2) Despite subsection (1), the Racing Integrity Commissioner must not provide or disclose any information to a person or body if—

(a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and

(b) the information—

S. 37S inserted by No. 2/2019 s. 107.



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(i) would be likely to lead to the identification of a person who made the assessable disclosure; and

(ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

(3) For the purposes of subsection (1), the following persons and bodies are specified—

(a) the IBAC;

(b) the Victorian Inspectorate;

(c) the Ombudsman;

(d) the Auditor-General;

(e) Victoria Police;

(f) the Director of Public Prosecutions;

(g) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012;

(h) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth;

(i) the police force or police service (however described) of another State or a Territory;

(j) a prescribed person or body.

(4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).

37T Confidentiality notice

(1) If, during an investigation of a public interest complaint the Racing Integrity Commissioner

S. 37T inserted by No. 2/2019 s. 107.



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considers on reasonable grounds that the disclosure of one or more restricted matters would be likely to prejudice—

(a) an investigation by the IBAC or the Victorian Inspectorate; or

(b) the safety or reputation of a person; or

(c) the fair trial of a person who has been, or may be, charged with an offence—

the Racing Integrity Commissioner must issue a confidentiality notice in respect of the investigation to a person (other than an IBAC Officer or a Victorian Inspectorate Officer) specifying the restricted matter or restricted matters in accordance with this section.

(2) A confidentiality notice must—

(a) be in the prescribed form; and

(b) specify the restricted matter or restricted matters in respect of which the confidentiality notice is issued; and

(c) include a copy of the provisions of subsections (3) to (7) and sections 37U and 37W and an explanation of the effect of those provisions; and

(d) include a statement—

(i) advising the person to whom the confidentiality notice is issued that additional obligations under the Public Interest Disclosures Act 2012 relating to confidentiality may apply to the person; and

(ii) directing the person to the provisions of that Act which impose those obligations.



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(3) If at any time the Racing Integrity Commissioner considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter from any of those specified in a confidentiality notice in respect of a particular investigation to ensure that the disclosure would not be likely to have the effect specified in subsection (1)(a), (b) or (c), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued—

(a) a notice cancelling the previous confidentiality notice; and

(b) a new confidentiality notice in respect of that investigation under subsection (1).

(4) If at any time the Racing Integrity Commissioner considers on reasonable grounds that disclosure of a particular restricted matter specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued—

(a) a notice cancelling the previous confidentiality notice; and

(b) a new confidentiality notice in respect of that investigation under subsection (1).

(5) If at any time the Racing Integrity Commissioner considers on reasonable grounds that disclosure of the restricted matter or restricted matters specified in a confidentiality notice in respect of a particular investigation would no longer be likely to have the effect specified in subsection (1)(a), (b) or (c), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was



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issued a notice cancelling the confidentiality notice.

(6) At the conclusion of an investigation in respect of which a confidentiality notice was issued, the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless—

(a) the Racing Integrity Commissioner has applied for an order under section 37U extending the confidentiality notice and the application has not been determined; or

(b) the Supreme Court has made an order under section 37U extending the confidentiality notice; or

(c) the confidentiality notice has already been cancelled under subsection (3), (4) or (5) or section 37U(3).

(7) A confidentiality notice in respect of a particular investigation ceases to have effect on whichever of the following occurs first—

(a) the date on which the Racing Integrity Commissioner issues a notice cancelling the confidentiality notice under subsection (3), (4), (5) or (6) or section 37U(3);

(b) the date specified in an order under section 37U extending the confidentiality notice.

(8) A confidentiality notice under subsection (1) or a notice cancelling a confidentiality notice under subsection (3), (4), (5) or (6) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served.

37U Extension of confidentiality notice

S. 37U inserted by No. 2/2019 s. 107.



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(1) If, before the conclusion of an investigation in respect of which a confidentiality notice has been issued, the Racing Integrity Commissioner considers on reasonable grounds that it is necessary to extend the confidentiality notice for a period following the investigation, the Racing Integrity Commissioner may apply to the Supreme Court for an order extending the confidentiality notice.

(2) On an application under subsection (1), the Supreme Court may, by order, extend a confidentiality notice to a date specified in the order, if the Supreme Court is satisfied that disclosure of the restricted matter or restricted matters specified in the confidentiality notice before that date would be likely to have the effect specified in section 37T(1)(a), (b) or (c).

(3) If, on an application under subsection (1), theSupreme Court declines to make an order under subsection (2), the Racing Integrity Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless the investigation in respect of which the confidentiality notice was issued has not concluded.Note

Section 37T(6) provides for the issue of a notice cancelling a confidentiality notice at the conclusion of the investigation to which the confidentiality notice relates.

(4) A notice cancelling a confidentiality notice under subsection (3) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served.

37V Racing Integrity Commissioner to provide the IBAC with copies

S. 37V inserted by No. 2/2019 s. 107.



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The Racing Integrity Commissioner, as soon as reasonably practicable, must provide the IBAC with a copy of—

(a) each confidentiality notice issued by the Racing Integrity Commissioner;

(b) each notice cancelling a confidentiality notice issued by the Racing Integrity Commissioner under section 37T(3), (4), (5) or (6) or section 37U(3);

(c) each application to the Supreme Court under section 37U(1) to extend a confidentiality notice;

(d) each order of the Supreme Court under section 37U(2) extending a confidentiality notice.

37W Disclosure subject to confidentiality notice

(1) Except as provided in this section, a person who—

(a) is duly served with a confidentiality notice and, if applicable, a copy of any order extending the confidentiality notice; or

(b) receives a copy of a confidentiality notice under subsection (8) or (9) and, if applicable, a copy of any order extending the confidentiality notice—

must not disclose a restricted matter specified in the confidentiality notice while it has effect.


(2) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances—

(a) in accordance with a direction or authorisation given by the Racing Integrity Commissioner;

S. 37W inserted by No. 2/2019 s. 107.



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(b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice, including—

(i) to an interpreter—if the person does not have a sufficient knowledge of the English language to understand the nature of the witness summons or confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice;

(ii) to a parent, guardian or independent person—if the person is under the age of 18 years;

(iii) to an independent person—if the person is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice without assistance;

(c) for the purposes of obtaining legal advice or representation in relation to—

(i) an investigation conducted by the Racing Integrity Commissioner under this Act; or

(ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;

(d) by a legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying



95

with a legal duty of disclosure or a professional obligation arising from their professional relationship with their client;

(e) to any of the following persons, unless the Racing Integrity Commissioner directs that the restricted matter must not be disclosed to that person—

(i) the spouse or domestic partner of the person served with the confidentiality notice;

(ii) the employer or manager of the person served with the confidentiality notice, or both;

(f) in any of the following circumstances, unless the Racing Integrity Commissioner directs that the restricted matter must not be disclosed in that circumstance—

(i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued—

(A) a registered health practitioner;

(B) a trade union, within the meaning of the Workplace Relations Act 1996 of the Commonwealth, of which the person is a member;

(C) an employee assistance program;

(ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;

(iii) to a prescribed service for a purpose prescribed for that service;



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(iv) for the purpose of an application to the Fair Work Commission, including any related proceeding;

(g) as is otherwise authorised or required to be made by or under this Act.

(3) A restricted matter specified in a confidentiality notice may be disclosed to the IBAC if—

(a) the IBAC referred the complaint to which the restricted matter relates to the Racing Integrity Commissioner under section 73A of the Independent Broad-based Anti-corruption Commission Act 2011; and

(b) the IBAC has withdrawn the referral in accordance with section 79 of that Act.

(4) A restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if—

(a) the Racing Integrity Commissioner has disclosed information to the Chief Commissioner of Police under section 37S relating to actual or potential criminal conduct; and

(b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct.

(5) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of making—

(a) a complaint to the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or

(b) a complaint to the Victorian Inspectorate under the Victorian Inspectorate Act 2011.



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(6) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of complying with—

(a) a witness summons served on a person by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or

(b) a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011.

(7) A restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been published by an investigating entity or the Integrity and Oversight Committee in a report or has otherwise been made public in accordance with this or any other Act.

(8) A person who makes a disclosure of information permitted by subsection (2) must, when making the disclosure, provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice, unless the person has a reasonable excuse for not doing so.


(9) If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom



98

the disclosure has been made, unless the person has a reasonable excuse for not doing so.


(10) Proceedings may only be instituted for an offence under subsection (1), (8) or (9)—

(a) by the Racing Integrity Commissioner; or

(b) by or with the consent of the Director of Public Prosecutions.


Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth;

investigating entity has the same meaning as in section 3 of the Public Interest Disclosures Act 2012;

registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);

relevant Act means—

(a) the Public Interest Disclosures Act 2012; or

(b) the Independent Broad-based Anti-corruption Commission Act 2011; or

(c) the Victorian Inspectorate Act 2011; or

(d) the Ombudsman Act 1973; or

(e) the Fair Work Act 2009 of the Commonwealth; or



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Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013.



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Part II—Harness Racing Victoria

38 Definitions


Board means Harness Racing Victoria constituted under this Part;

Harness Racing Advisory Council means the body established under section 44B;

harness racing club means any person or body corporate or unincorporate approved by the Board who or which conducts harness races, and includes the Board;

harness racing industry participant means—

(a) a harness racing club (other than the Board); or

(b) an association or body (whether incorporated or unincorporated)—

(i) the members of which are owners, breeders, trainers or drivers of

Pt 2 (Heading) substituted by Nos 9671 s. 25, 16/2001 s. 28(Sch. item 9).

No. 6070 s. 38.S. 38 amended by No. 45/2004 s. 4(2) (ILA s. 39B(1)).

S. 38(1) def. of Board amended by Nos 9671 s. 29, 16/2001 s. 28(Sch. item 10).

S. 38(1) def. of Harness Racing Advisory Council inserted by No. 50/2015 s. 5.

S. 38(1) def. of harness racing club inserted by No. 9671 s. 26(a).

S. 38(1) def. of harness racing industry participant inserted by No. 45/2004 s. 4(1), amended by No. 73/2008 s. 6.



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horses which compete in harness races, or registered bookmakers; and

(ii) which represents and promotes the interests of those members; or

(c) an association or body involved in harness racing declared to be a harness racing industry participant under subsection (2);

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;

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

* * * * *

(2) For the purposes of paragraph (c) of the definition of harness racing industry participant, the Minister may, in writing, declare an association or body (whether incorporated or unincorporated)—

(a) the members of which are persons or bodies involved in harness racing; and

(b) that is not an association or body referred to in paragraph (a) or (b) of the definition of harness racing industry participant—

to be a harness racing industry participant.

S. 38(1) def. of trotting club repealed by No. 9671 s. 26(b).

S. 38(2) inserted by No. 45/2004 s. 4(2).



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39 Harness Racing Victoria

(1) For the purpose of this Act there shall be a Board which shall be a body corporate in the name of Harness Racing Victoria and shall have perpetual succession and a common seal and be capable in law of suing and being sued and, subject to and for the purposes of this Act, of purchasing taking holding selling leasing taking on lease exchanging mortgaging or disposing of land or any real or personal property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

(2) The Board consists of at least 5 but not more than 7 members appointed by the Governor in Council on the recommendation of the Minister.

(2A) The Governor in Council, on the recommendation of the Minister, must appoint a member of the Board to be chairperson.

(2B) The Minister may make a recommendation referred to in subsection (2) if, in the Minister's opinion, the individual has the necessary skills, experience and knowledge to assist the Board to carry out its functions.

Nos 6070 ss 39, 44, 6092 s. 3(1)(3).S. 39(1) substituted by No. 7000 s. 3(1), amended by Nos 8989 s. 2, 9671 s. 29, 16/2001 s. 10.

S. 39(2) amended by Nos 8209 s. 5(a)(i)–(iii), S.R. No. 166/1974 reg. 2, No. 9146 s. 3(a)–(c), substituted by No. 49/1993 s. 6(1), amended by Nos 16/2001 s. 11(a)–(c), substituted by No. 50/2015 s. 6.

S. 39(2A) inserted by No. 50/2015 s. 6.

S. 39(2B) inserted by No. 50/2015 s. 6.



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(3) The Minister may appoint a member other than the chairperson to be deputy chairperson of the Board.

(4) Each member of the Board is severally entitled to be paid remuneration and travelling and other allowances (if any) that are fixed by the Governor in Council in respect of that member.

40 Term of office

(1) Subject to this Part the members of the Board shall hold office for the term, not exceeding 3 years, which is specified in the instrument of his or her 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.

41 Vacancies

(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 Minister;

S. 39(3) amended by Nos 8209 s. 5(b)(i)(ii), 49/1987 s. 24(1)(d)(i)–(iii), repealed by No. 49/1993 s. 6(2), new s. 39(3) inserted by No. 77/1993 s. 4(1).

S. 39(4) substituted by Nos 49/1993 s. 6(3), 83/1995 s. 11(1).

No. 6070 s. 40.S. 40(1) amended by No. 97/1998 s. 11.

No. 6070 s. 41.

S. 41(1)(d) amended by No. 7621 s. 12(5).



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(e) if without leave granted by the Minister he fails to attend three successive meetings of the Board;

(ea) if he accepts or holds any place of profit under the Board;

(eb) if he fails to comply with the provisions of section 45A(1); or

(f) 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 an extraordinary vacancy holds office for the period, not exceeding 3 years, which is specified in the instrument of his or her appointment.

41A Appointment of administrator

(1) On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may appoint an administrator to manage the harness racing industry for the period of the administration.

(2) The Minister may make a recommendation referred to in subsection (1) if, in the Minister's opinion—

(a) the Board has failed to efficiently or competently manage the harness racing industry; or

(b) the appointment of an administrator is otherwise in the public interest.

S. 41(1)(e) amended by No. 9201 s. 10(a).S. 41(1)(ea) inserted by No. 9201 s. 10(b).

S. 41(1)(eb) inserted by No. 9201 s. 10(b).

S. 41(3) substituted by No. 97/1998 s. 12.




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(3) On the appointment of an administrator—

(a) the members of the Board cease to hold office; and

(b) subject to the order, the administrator has all the functions and may exercise all the powers of the Board.

(4) An administrator appointed under this section—

(a) is appointed for the period and subject to the terms and conditions specified in the instrument of appointment; and

(b) is entitled to be paid any remuneration, travelling and other allowances that the Minister determines.

(5) An administrator ceases to hold office—

(a) on the appointment of members to the Board in accordance with section 39; or

(b) on the appointment of another administrator in accordance with this section.

Note

See also section 41 of the Interpretation of Legislation Act 1984.

42 Meetings

(1) The chairperson must preside at all meetings of the Board or, in his or her absence, the deputy chairperson or, in the absence of both the chairperson and the deputy chairperson, a member of the Board chosen by the members present, must preside.

(2) A quorum of the Board shall consist of four members.

Nos 6070 s. 42, 6092 s. 3(4).


S. 42(2) amended by Nos 49/1993 s. 6(4), 16/2001 s. 12.



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(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 person presiding at the meeting shall have a second or casting vote.

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

43 Chief Executive Officer and other officers

(1) The Board shall appoint—

(a) with the approval of the Minister some fit and proper person to be the Chief Executive Officer of the Board; and

(b) such other officers as are required.

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

(a) be entitled to be paid—

(i) such remuneration as the Board determines; and

(ii) such travelling and other allowances (if any) as the Board with the approval of the Minister determines; and

(b) be appointed subject to such other terms and conditions as the Board determines.

(3) The Chief Executive Officer shall—

(a) have control of the day to day administration of the affairs of the Board and administer those affairs in accordance with the policies of, and directions given by, the Board; and

(b) exercise such other powers and perform such other duties as are conferred and imposed on him by or under this Act or by the Board.

S. 42(4) amended by No. 77/1993 s. 4(3).

No. 6070 s. 43. S. 43 substituted by No. 10014 s. 4(1).



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(4) The other officers of the Board shall exercise such powers and perform such duties as are conferred and imposed on them by the Board or the Chief Executive Officer.

(5) The Public Administration Act 2004 does not apply to a person appointed under this section in respect of the office to which the person is appointed.

(6) An appointment under this section may be revoked—

(a) in the case of the Chief Executive Officer, at any time by the Board with the approval of the Minister; and

(b) in the case of any other officer of the Board, at any time by the Board.

44 Function of Board

The function of the Board is—

(a) to control the sport of harness racing; and

(b) to conduct harness races; and

(ba) to consult with harness racing industry participants and facilitate consultation amongst harness racing industry participants; and

S. 43(5) substituted by No. 73/1996 s. 90(1), amended by Nos 46/1998s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 171.1).

S. 43(6)(b) amended by No. 10087 s. 3(1)(Sch. 1 item 196).

No. 6070 s. 45.

S. 44(a) amended by Nos 9671 s. 30, 45/2004 s. 5(a).

S. 44(b) amended by Nos 8690 s. 2(b), 9671 s. 31.

S. 44(ba) inserted by No. 45/2004 s. 5(b).



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

44AA Board may act as venue operator

(1) The Board may hold a venue operator's licence under the Gambling Regulation Act 2003 and may, subject to that Act, do anything that a venue operator is empowered to do under that Act.

(2) For the purposes of subsection (1), the Board—

(a) with the approval of the Minister and the Treasurer, may enter into any arrangement or agreement and has power to do anything necessary or expedient to carry that arrangement or agreement into effect; and

(b) may apply for and hold a licence under section 8, 9 or 10 of the Liquor Control Reform Act 1998.

44A Borrowings by Board

For the purposes of carrying out its powers and functions under this Act, the Board is authorized with the prior approval in writing of the Minister and the Treasurer of Victoria to borrow moneys on such terms and conditions as the Treasurer of Victoria approves.

44B Harness Racing Advisory Council

(1) The Board must establish a Harness Racing Advisory Council.

S. 44AA inserted by No. 17/1992 s. 7.

S. 44AA(1) amended by No. 114/2003 s. 12.1.3(Sch. 6 item 10.5).

S. 44AA(2)(b) amended by No. 74/2000 s. 3(Sch. 1 item 107.1).

S. 44A inserted by No. 8989 s. 3.

S. 44B inserted by No. 45/2004 s. 6, substituted by No. 50/2015 s. 8.



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(2) The Harness Racing Advisory Council must be established within 3 months of the commencement of section 8 of the Racing Amendment Act 2015.

(3) The Harness Racing Advisory Council consists of the following members appointed by the Board—

(a) two members of the Board, one of whom is to be appointed chairperson;

(b) at least 3 members who are nominees of organisations or persons who are representatives of the Victorian harness racing industry;

(c) up to 2 persons who have experience or interest in the Victorian harness racing industry.

(4) The Board must consult the Minister before appointing a person to be a member of the Harness Racing Advisory Council.

(5) A member of the Harness Racing Advisory Council—

(a) is appointed for the period and subject to the terms and conditions specified in the instrument of appointment; and

(b) is entitled to be paid any travelling and other allowances that the Board determines.

44BA Functions of Harness Racing Advisory Council

(1) The functions of the Harness Racing Advisory Council are—

(a) to advise the Board on matters concerning harness racing; and

(b) to facilitate consultation between the Board and harness racing industry participants.

S. 44BA inserted by No. 50/2015 s. 8.



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(2) The Harness Racing Advisory Council may consider any matter referred to it by the Board.

(3) The Board must issue general directions for the operation of the Harness Racing Advisory Council, including any procedures to be followed by the Council.

(4) The Board must ensure that general directions issued under subsection (3) are published on its website.

(5) The Harness Racing Advisory Council must comply with any general directions issued by the Board under subsection (3).

(6) Subject to any direction of the Board issued under subsection (3) or otherwise, the Harness Racing Advisory Council may regulate its own procedure.

44C Reporting on consultations

The Board must, in every report of operations under Part 7 of the Financial Management Act 1994—

(a) include details of—

(i) all of its consultations with harness racing industry participants, whether that consultation occurred directly or through the Harness Racing Advisory Council, including the harness racing industry participants with which it consulted in each case; and

(ii) all cases where it has facilitated consultation amongst harness racing industry participants, whether directly or through the Harness Racing Advisory Council; and

(iii) every decision made following consultation with harness racing industry participants; and


S. 44C(a)(i) amended by No. 50/2015 s. 9(a).

S. 44C(a)(ii) amended by No. 50/2015 s. 9(b).



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(b) set out the procedures required to be established in accordance with section 44B.

45 Registration etc. of clubs, horses and persons participating in harness racing

(1) The Board may in respect of the whole of Victoria in accordance with the rules—

(aa) fix dates and times for harness race-meetings;

(a) register refuse to register or deregister any harness club horse owner trainer driver or rider;

(b) charge and take for any such registration the fees prescribed therefor by the rules;

(c) disqualify or suspend from participating in harness races any club horse or person;

(d) exclude from participation in harness 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) grant an authority, subject to such conditions (if any) as are prescribed by the rules, or refuse to grant an authority to any person to carry on the business of bookmaking at meetings for harness races (wherever held) and revoke or suspend the authority of any such person;

(f) prohibit the carrying on at any such meeting of the business of bookmaking by any unauthorized person;

No. 6070 s. 46. S. 45 amended by Nos 9924 s. 3(b), 49/1987 s. 15(a)(b).

S. 45(1)(aa) inserted by No. 37/1994 s. 186(h).

S. 45(1)(a) amended by No. 9671 s. 28.

S. 45(1)(c) amended by No. 9671 s. 28.S. 45(1)(d) amended by No. 9671 s. 28.

S. 45(1)(e) substituted by No. 6462 s. 3(1) (as amended by No. 6489 s. 4(Sch. item 20(c)), amended by No. 9671 s. 28.S. 45(1)(f) inserted by No. 6462 s. 3(1) (as amended by No. 6489 s. 4(Sch. item 20(c)).



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

and any decision of the Board in relation to any of the matters referred to in paragraphs (a), (b), (d), (e) and (f) shall be final and without appeal.

(2) The Board may carry out freeze branding on any breed of horse whether the horse is to be used for harness racing or not.

(3) The Minister, on the recommendation of the Board, may suspend the members of a committee or other managing body of any harness racing club and may appoint some fit and proper person to be administrator of the club.

(4) An administrator appointed under subsection (3) is deemed to be the committee or other managing body of the club and—

(a) has and may exercise all the powers and is subject to all the duties of the club or other managing body; and

(b) has and may exercise all the powers and is subject to all the duties of the members of the committee or other managing body of the club.

(5) At any time after an administrator has been appointed, the Minister, after consultation with the Board, may remove the suspension of the members of the committee or other managing body of the club and upon that removal the powers of the administrator cease.

* * * * *

S. 45(1)(g) inserted by No. 6462 s. 3(1) (as amended by No. 6489 s. 4(Sch. item 20(c)).

S. 45(2) inserted by No. 49/1987 s. 15(b).

S. 45(3) inserted by No. 97/1998 s. 13.

S. 45(4) inserted by No. 97/1998 s. 13.

S. 45(5) inserted by No. 97/1998 s. 13.

S. 45AAA inserted by No. 77/1993 s. 5, repealed by No. 97/1998 s. 14.



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* * * * *

45A Disclosure of pecuniary interest

(1) If a member of the Board knowingly has any direct or indirect pecuniary interest in any contract or proposed contract with the Board or in any other matter in which the Board is concerned, and is present at any meeting of the Board at which the contract, proposed contract or other matter is being considered, he shall at the meeting, as soon as practicable after the commencement thereof, disclose his interest and he shall not remain in the room in which such meeting is being held during any consideration or discussion of or the taking of any vote on any question with respect to the contract, proposed contract, or other matter.

(2) For the purposes of this section a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter, if—

(a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct or indirect pecuniary interest in the other matter under consideration; or

(b) he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct or

S. 45AA inserted by No. 77/1993 s. 5, amended by No. 83/1995 s. 11(2), repealed by No. 97/1998 s. 14.




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indirect pecuniary interest in the other matter under consideration.

(3) For the purposes of this section a member of the Board who enters a horse of which the member or the member's spouse or domestic partner is the owner part-owner trainer or driver in a harness race at meetings conducted by the Board shall not thereby be treated as having a direct or indirect interest in any contract or proposed contract or other matter with or concerning the Board.

(3A) For the purposes of this section, a member of the Board who holds office in or is a member or employee of—

(a) the Metropolitan and Country Trotting Association of Victoria; or

(b) the Association of Victorian Country Trotting Clubs; or

(c) a harness racing club—

shall not thereby be treated as having a direct or indirect interest in a contract or proposed contract or other matter with or concerning that association or club.

(4) Where a member of the Board has an indirect pecuniary interest in any contract, proposed contract or other matter and would not be treated as having such an interest but for the fact that he has a beneficial interest in shares of a company or other body, then, if the total nominal value of those shares does not exceed $1000 or one-hundredth of the total nominal value of the issued share capital of the company or body (whichever is the less), so much of subsection (1) as precludes him from taking part in the consideration or discussion of, or voting on, any question with respect to the contract, proposed contract or other matter shall not apply to him.

S. 45A(3) amended by Nos 9671 s. 28, 72/2001 s. 3(Sch. item 11.3).

S. 45A(3A) inserted by No. 27/1988 s. 4(1).



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(5) Where the share capital of a company or other body is of more than one class, subsection (4) shall not apply if the total nominal value of all the shares of any one class in which he has a beneficial interest exceeds one-hundredth of the total nominal value of the issued share capital of that class of the company or other body.

(6) The interest of a member's spouse or domestic partner is deemed, for the purposes of this section, to be also the interest of the member if—

(a) they are living together; and

(b) the member knows of the interest.

(7) A general notice given in writing to the Chief Executive Officer of the Board by a member of the Board to the effect that the member or the member's spouse or domestic partner is a member or in the employment of a specified company or other body, or a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.

(8) If a member of the Board fails to comply with the provisions of subsection (1) his seat shall thereupon become vacant and every such vacancy shall be deemed to be an extraordinary vacancy.

(9) In this section the expression shares includes stock and the expression share capital shall be construed accordingly.

46 Harness Racing Victoria Fund and finances of Board

S. 45A(6) substituted by No. 72/2001 s. 3(Sch. item 11.4).

S. 45A(7) amended by No. 72/2001 s. 3(Sch. item 11.5(a)(b)).

Nos 6070 s. 47, 6092 s. 6.



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(1) The Board shall establish a fund to be called "Harness Racing Victoria Fund".

(2) There shall be paid into the said fund all moneys received by the Board, including fines under the rules, other than money required to be paid into the bookmaking development fund established by the Board in accordance with section 91C.

(3) (a) Harness Racing Victoria 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) and, as the Board thinks fit, for the benefit and development of harness racing in Victoria and in particular without in any way limiting the generality of the foregoing—

(i) for the benefit of harness racing clubs and persons engaged in training or driving or training and driving harness racing horses;

(ii) for the provision and maintenance of facilities for the training of harness racing horses on land not owned or leased by the Board;

(iia) for consulting with harness racing industry participants;

S. 46(1) amended by Nos 9671 s. 29 (as amended by No. 9902 s. 2(1)(Sch. item 217)), 16/2001 s. 28(Sch. item 11(a)).

S. 46(2) amended by Nos 7899 s. 3(a), 24/2000 s. 12(2)(a).

S. 46(3)(a) substituted by No. 7828 s. 4, amended by Nos 9388 s. 6(a), 9671 ss 29 (as amended by No. 9902 s. 2(1)(Sch. item 217)), 30, 16/2001 s. 28(Sch. item 11(b)), 45/2004 s. 7(a).

S. 46(3)(a)(i) amended by No. 9671 s. 30.

S. 46(3)(a)(ii) amended by No. 9671 s. 30.

S. 46(3)(a)(iia) inserted by No. 45/2004 s. 7(b).



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(iib) for harness racing industry participants to participate in consultations with the Board;

(iii) for making donations (being not more than $1000 in any one case) to charitable benevolent or other institutions in respect of harness racing meetings held for the purposes of such institutions and for the alleviation of distress and hardship occasioned by any public calamity disaster or unusual circumstances.

* * * * *

* * * * *

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

* * * * *

* * * * *

S. 46(3)(a)(iib) inserted by No. 45/2004 s. 7(b).S. 46(3)(a)(iii) amended by No. 9671 s. 30.

S. 46(3)(b) repealed by No. 9146 s. 5.

S. 46(3A) inserted by No. 9388 s. 6(b), amended by No. 49/1987 s. 16, repealed by No. 37/1994 s. 187.

S. 46(4) amended by No. 9671 s. 30.

S. 46(5) substituted by No. 7899 s. 3(b), amended by No. 9671 s. 32 (as amended by No. 9902 s. 2(1)(Sch. item 218)), repealed by No. 37/1994 s. 187.S. 46(6) repealed by No. 7899 s. 3(b), new s. 46(6) inserted by No. 9671 s. 27, amended by No. 9671 s. 29, repealed by No. 37/1994 s. 187.



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* * * * *

* * * * *

48 Agreement with Royal Agricultural Society and its alteration

(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 Minister so far as it relates to conditions of use, including payments for the use, of the Royal Agricultural Showgrounds or any part thereof.

(2) (a) If the Board is at any time unable to meet any 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.

S. 46(7) amended by No. 7621 s. 2, repealed by No. 7899 s. 3(b).

S. 47 repealed.

No. 6092 ss 4, 5.

S. 48(1) amended by No. 7621 s. 12(7).



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

(c) For the purposes of this subsection 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 1994 shall be read and construed and have effect accordingly.

49 Rules of Board

The Board may make rules for or with respect to—

(a) the control of the sport of harness racing in Victoria including (without affecting the generality of the foregoing) rules for or with respect to registrations and de-registrations, disqualifications and suspensions, exclusion of clubs horses or persons from participation in harness races, the granting refusing to grant revoking or suspending of authorities, fees in respect of registrations and authorities, fines, and any other matters which the Board is by or under this or any other Act required or empowered to perform;

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

* * * * *

S. 48(2)(b) amended by No. 11/2001 s. 3(Sch. item 62).

S. 48(2)(c) amended by No. 93/1997s. 28(Sch.item 26).

No. 6070 s. 49.

S. 49(a) substituted by No. 6462 s. 3(2), amended by No. 9671 ss 30, 31.

S. 49(b) amended by No. 9671 s. 31.S. 49A inserted by No. 97/1998 s. 15, amended by No. 16/2001 s. 13, repealed by No. 52/2009 s. 11.



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* * * * *

50 Regulations of Governor in Council


* * * * *

(b) penalties not exceeding 5 penalty units 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.


Ss 49B, 49C inserted by No. 97/1998 s. 15, repealed by No. 52/2009 s. 11.

No. 6070 s. 50.

S. 50(1)(a) amended by No. 9671 s. 30, repealed by No. 52/2009 s. 11.

S. 50(1)(b) amended by No. 125/1986 s. 13(d).

S. 50(3) repealed by No. 6886 s. 3, new s. 50(3) inserted by No. 49/1987 s. 23(b).



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Part IIA—Victorian Racing Tribunal

Division 1—Establishment of the Victorian Racing Tribunal

50A Definitions

(1) In this Part—

Chairperson means the Chairperson of the Victorian Racing Tribunal appointed under section 50D;

Deputy Chairperson means a Deputy Chairperson of the Victorian Racing Tribunal appointed under section 50D;

expert means an expert who assists the Victorian Racing Tribunal under section 50R;

Greyhound Racing Victoria has the same meaning as Board has in Part III;

Harness Racing Victoria has the same meaning as Board has in Part II;

investigator means a person appointed under the rules by Greyhound Racing Victoria, Harness Racing Victoria or Racing Victoria to investigate matters in respect of the enforcement of, and compliance with, the rules;

Pt 2A (Heading and ss 50A–50R) inserted by No. 52/2009 s. 7, amended by Nos 55/2012 ss 10–12, 17/2014 s. 160(Sch. 2 item 83.2), substituted as Pt 2A (Headings and 50A–50ZL) by No. 37/2018 s. 14.

S. 50A substituted by No. 37/2018 s. 14.



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judicial officer has the same meaning as it has in section 87AAA(1) of the Constitution Act 1975;

penalty means—

(a) the imposition of a fine under the rules; or

(b) the imposition of any of the following penalties under the rules that prevents participation in racing in any capacity—

(i) a suspension;

(ii) a disqualification;

(iii) a warning off;

rules has the same meaning as it has in sections 38 and 51 and includes the rules of racing of Racing Victoria;

serious offence means an offence that is a serious offence within the meaning of the rules of—

(a) Greyhound Racing Victoria; or

(b) Harness Racing Victoria; or

(c) Racing Victoria;

serving judicial officer means—

(a) a Judge of the Court within the meaning of section 5 of the Constitution Act 1975; or

(b) an Associate Judge within the meaning of section 5 of the Constitution Act 1975; or

(c) a judge within the meaning of section 3(1) of the County Court Act 1958; or



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(d) an associate judge within the meaning of section 3(1) of the County Court Act 1958; or

(e) a magistrate—

but does not include a reserve judge, reserve associate judge or a reserve magistrate when engaged on a sessional basis;

Victorian Racing Tribunal Registrar means the Victorian Racing Tribunal Registrar employed under section 83OE.

(2) In this Part, a reference to a member of the Victorian Racing Tribunal includes a reference to the Chairperson and a Deputy Chairperson of the Victorian Racing Tribunal, unless the contrary intention appears.

50B Establishment of the Victorian Racing Tribunal

The Victorian Racing Tribunal is established.

50C Functions of Victorian Racing Tribunal

The functions of the Victorian Racing Tribunal are to hear and determine the following matters—

(a) an appeal made under section 50K in relation to a decision made under the rules to impose a penalty on a person;

(b) an appeal in relation to a decision made under the rules following a direction made by the Racing Integrity Commissioner under section 50L;

(c) a charge made against a person for a serious offence;

S. 50B substituted by No. 37/2018 s. 14.

S. 50C substituted by No. 37/2018 s. 14.



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(d) any matter referred to the Victorian Racing Tribunal—

(i) on Harness Racing Victoria's own motion; or

(ii) on Greyhound Racing Victoria's own motion; or

(iii) on Racing Victoria's own motion; or

(iv) on the recommendation of the Chief Steward or the Deputy Chief Steward of a controlling body; or

(v) on the recommendation of a steward who is acting as either the Chief Steward or the Deputy Chief Steward of a controlling body;

(e) an appeal against a decision of a controlling body to refuse to grant approval for a bookmaker to operate from off-course premises under section 50M;

(f) an appeal relating to a Trainer User Agreement.

50D Members of the Victorian Racing Tribunal

(1) The Victorian Racing Tribunal consists of not less than 15 members appointed by the Governor in Council on the recommendation of the Minister of whom—

(a) one is to be the Chairperson; and

(b) 3 are to be Deputy Chairpersons.

(2) A person must not be appointed as a member of the Victorian Racing Tribunal unless the person consents to the appointment.

S. 50D substituted by No. 37/2018 s. 14.



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(3) A majority of the members of the Victorian Racing Tribunal must be an Australian lawyer of not less than 7 years experience as an Australian lawyer.

(4) At least one member of the Victorian Racing Tribunal must have—

(a) animal welfare expertise; or

(b) veterinary expertise.

(5) A person is not eligible for appointment as a member of the Victorian Racing Tribunal if the person—

(a) is registered or licensed under the rules of a controlling body; or

(b) has or obtains a financial or proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse; or

(c) holds office in or is an employee of—

(i) Racing Victoria; or

(ii) Harness Racing Victoria; or

(iii) Greyhound Racing Victoria; or

(iv) any racing club; or

(v) any organisation that may, in the opinion of the Minister, give rise to a conflict of interest.

50E Terms and conditions of office

(1) A member of the Victorian Racing Tribunal holds office—

(a) for a term not exceeding 3 years specified in the member's instrument of appointment; and

(b) on the terms and conditions specified in the member's instrument of appointment.

S. 50E substituted by No. 37/2018 s. 14.



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(2) A member of the Victorian Racing Tribunal is eligible for reappointment.

(3) A member of the Victorian Racing Tribunal (other than a serving judicial officer) is entitled to be paid remuneration determined by the Governor in Council.

(4) A member of the Victorian Racing Tribunal is entitled to be paid allowances and expenses determined by the Governor in Council.

50F Vacancies, resignations and termination of members of the Victorian Racing Tribunal

(1) The office of a member of the Victorian Racing Tribunal becomes vacant if—

(a) the member's term expires and the member is not reappointed; or

(b) the member becomes a director, board member or employee of a controlling body or a registered or licensed racing club; or

(c) the member has or obtains a proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse; or

(d) the member resigns; or

(e) the member is unable to perform the functions and duties of the office for any reason; or

(f) the member holds office in any organisation that may, in the opinion of the Minister, give rise to a conflict of interest; or

(g) the office of the member is terminated in accordance with subsection (2).

(2) The Governor in Council may terminate the office of a member of the Victorian Racing Tribunal on the recommendation of the Minister.

S. 50F substituted by No. 37/2018 s. 14.



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(3) The Minister may recommend to the Governor in Council to terminate the office of a member of the Victorian Racing Tribunal if the Minister is satisfied that the member's actions or behaviour are, or are likely to be, detrimental to the proper functioning of the Victorian Racing Tribunal.

(4) A member of the Victorian Racing Tribunal may resign by delivering a signed letter of resignation to the Minister.

(5) The Chairperson or a Deputy Chairperson may resign from office as the Chairperson or a Deputy Chairperson and remain a member of the Victorian Racing Tribunal by delivering a signed letter of resignation to the Minister.

50G Chairperson of the Victorian Racing Tribunal

(1) The Chairperson must be a person who is a former or current judicial officer.

(2) The Chairperson must ensure that—

(a) rules of practice and procedure and practice notes for the Victorian Racing Tribunal are in place; and

(b) members of the Victorian Racing Tribunal are educated about the rules of practice and procedure and practice notes.

(3) Rules of practice and procedure or practice notes referred to in subsection (2) are not statutory rules or legislative instruments within the meaning of the Subordinate Legislation Act 1994.

50H Deputy Chairpersons of the Victorian Racing Tribunal

(1) A Deputy Chairperson must be a person who is a former or current judicial officer.

S. 50G substituted by No. 37/2018 s. 14.

S. 50H substituted by No. 37/2018 s. 14.



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(2) The Deputy Chairpersons must be persons who have the following requisite knowledge and experience in the relevant racing codes being—

(a) a Deputy Chairperson with knowledge and experience in greyhound racing;

(b) a Deputy Chairperson with knowledge and experience in harness racing;

(c) a Deputy Chairperson with knowledge and experience in thoroughbred racing.

50I Appointment of a judicial officer as Chairperson or Deputy Chairperson

(1) The appointment of a judicial officer as the Chairperson or a Deputy Chairperson does not affect—

(a) the judicial officer's tenure of office or status as a judicial officer; or

(b) the payment of the judicial officer's salary or allowances; or

(c) any other rights or privileges that the judicial officer has as a judicial officer.

(2) Service in the office of the Chairperson or a Deputy Chairperson by a serving judicial officer must be taken for all purposes to be service in the office of a judicial officer.

(3) Nothing in this Act prevents a judicial officer who is appointed as the Chairperson or a Deputy Chairperson from constituting the court or tribunal to which the judicial officer is appointed or assigned for the purposes of the exercise by the court or tribunal of any of its functions.

50J Acting appointments

(1) The Minister may appoint a Deputy Chairperson to act as the Chairperson for a period not exceeding 3 months—

S. 50I substituted by No. 37/2018 s. 14.

S. 50J substituted by No. 37/2018 s. 14.



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(a) if the office of the Chairperson is vacant in accordance with section 50F(1); or

(b) during any period, or during all periods, when the Chairperson holds office and is unable to perform the duties of the Chairperson for any reason.

(2) A Deputy Chairperson who is acting as the Chairperson in accordance with subsection (1) may—

(a) exercise all of the powers of the Chairperson; and

(b) perform all of the duties and functions of the Chairperson.

(3) The Minister may appoint an eligible member of the Victorian Racing Tribunal to act as a Deputy Chairperson for a period not exceeding 3 months—

(a) during any vacancy in the office of a Deputy Chairperson in accordance with section 50F(1); or

(b) during any period, or during all periods, when a Deputy Chairperson is acting as the Chairperson under this section or is unable to perform the duties of a Deputy Chairperson for any reason.

(4) A member who is acting as a Deputy Chairperson may—

(a) exercise all of the powers of a Deputy Chairperson; and

(b) perform all of the duties and functions of a Deputy Chairperson.



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Division 2—Jurisdiction of the Victorian Racing Tribunal

50K Appeals to the Victorian Racing Tribunal

(1) A person may appeal to the Victorian Racing Tribunal against a decision made under the rules to impose a penalty on the person if the penalty—

(a) is a suspension, disqualification or warning off; or

(b) is a fine of more than $250.

(2) An appeal under subsection (1) must—


(b) be lodged with the Victorian Racing Tribunal Registrar by 5.00 p.m. on the third day after the day the appellant receives notice of the decision made under the rules to impose a penalty.

(3) The Victorian Racing Tribunal Registrar must give the Chairperson a copy of an appeal made under subsection (2) as soon as reasonably practicable.

(4) Subject to section 50Q(2), the Victorian Racing Tribunal must hear an appeal made under this section.

(5) As soon as reasonably practicable after the Chairperson receives a copy of an appeal under subsection (3), the Victorian Racing Tribunal, or the Victorian Racing Tribunal Registrar at the direction of the Victorian Racing Tribunal, must advise, in writing, the appellant and the person or body that imposed the penalty of—

(a) the date and time of the hearing of the appeal; and

(b) the venue at which the hearing will be held.

S. 50K substituted by No. 37/2018 s. 14.



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50L Racing Integrity Commissioner may direct that certain appeals be heard

(1) This section applies if a decision has been made under the rules to impose a penalty on a person that is a fine of not more than $250.

(2) The person may apply in writing to the Racing Integrity Commissioner to request that the Commissioner direct the Victorian Racing Tribunal to hear an appeal made by the person against the decision to impose the penalty.

(3) An application under subsection (2) must be made by 5.00 p.m. on the third day after the day the person receives notice of the decision to impose the penalty.

(4) After receiving an application under subsection (2), the Racing Integrity Commissioner may direct the Victorian Racing Tribunal to hear and determine the appeal if the Commissioner considers that it is in the public interest to do so.

(5) The Victorian Racing Tribunal must comply with a direction made by the Racing Integrity Commissioner under subsection (4).

(6) As soon as reasonably practicable after the Racing Integrity Commissioner makes a direction under subsection (4), the Victorian Racing Tribunal must advise, in writing, the appellant and the person or body that imposed the penalty, of—



50M Appeals in respect of approvals for approved off-course premises

(1) A registered bookmaker may appeal to the Victorian Racing Tribunal against a decision of a controlling body—

S. 50L substituted by No. 37/2018 s. 14.

S. 50M substituted by No. 37/2018 s. 14.



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(a) to refuse to grant an approval under section 4C; or

(b) under section 4D—

(i) to cancel, or suspend for a period specified by a controlling body, an approval granted by a controlling body under section 4C; or

(ii) to vary an approval granted by a controlling body under section 4C; or

(iii) to not vary an approval granted by a controlling body under section 4C following a request made by the bookmaker for variation of the approval.

(2) An appeal under subsection (1) must—


(b) be lodged with the Victorian Racing Tribunal Registrar by 5.00 p.m. on the third day after the day the registered bookmaker receives notice of the decision under section 4C or 4D.

(3) The Victorian Racing Tribunal Registrar must give the Chairperson a copy of an appeal made under subsection (2) as soon as reasonably practicable.

(4) The Victorian Racing Tribunal must hear an appeal made by a registered bookmaker under this section.

(5) As soon as reasonably practicable after the Chairperson receives a copy of an appeal under subsection (3), the Victorian Racing Tribunal must advise, in writing, the registered bookmaker and the controlling body of—



133



50N The Victorian Racing Tribunal may grant an extension of time for leave to appeal

The Victorian Racing Tribunal may grant leave to a person to make an appeal under section 50K or 50M out of time if the Victorian Racing Tribunal—

(a) is of the opinion that the person has provided a satisfactory explanation for the person's failure to make the appeal within the period specified in section 50K(2) or 50M(2); and

(b) considers that it would be unjust to refuse leave to make an appeal out of time.

50O Hearings of serious offences by the Victorian Racing Tribunal

(1) If a person has been charged with a serious offence, the Victorian Racing Tribunal must hear and determine the serious offence.

(2) The person who, or the body that, has charged a person with a serious offence must provide the Victorian Racing Tribunal Registrar with the prescribed details of the charge not more than 2 days after the person charged has been given the prescribed details.

(3) The Victorian Racing Tribunal Registrar must give the Chairperson a copy of the details under subsection (2) of the charge as soon as reasonably practicable.

(4) As soon as reasonably practicable after the Chairperson receives a copy of the details of the charge under subsection (3), the Victorian Racing Tribunal must advise, in writing, the person

S. 50N substituted by No. 37/2018 s. 14.

S. 50O substituted by No. 37/2018 s. 14.



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charged with a serious offence and the person or body that charged the person of—

(a) the date and time of the hearing of the serious offence; and


Division 3—Conduct of hearings of the Victorian Racing Tribunal

50P Constitution of the Victorian Racing Tribunal to hear and determine matters

Despite section 50D(1), for the purposes of hearing and determining a matter under Division 2, the Victorian Racing Tribunal may consist of—

(a) in the case of a person charged with a serious offence without an early guilty plea—

(i) the Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson; or

(ii) a Deputy Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson; or

(b) in the case of a person charged with an offence under the rules other than a serious offence or a person charged with a serious offence with an early guilty plea—

(i) the Chairperson sitting alone; or

(ii) a Deputy Chairperson sitting alone; or

(iii) the Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson; or

S. 50P substituted by No. 37/2018 s. 14.



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(iv) a Deputy Chairperson and up to 4 other members of the Victorian Racing Tribunal who are selected by the Chairperson.

50Q Proceedings of the Victorian Racing Tribunal

(1) Subject to this Part, the Victorian Racing Tribunal—

(a) may, if the parties have been advised of the date, time and venue of the hearing, conduct the hearing—

(i) in the presence of the parties or representatives of the parties; or

(ii) in the presence of only some of the parties or representatives of the parties; or

(iii) without any of the parties or representatives of the parties; and

(b) may conduct a hearing on the case stated by the parties to the hearing; and

(c) may conduct the re-hearing of a matter by affidavit, statutory declaration or oral evidence; and

(d) is not required to conduct a hearing as a de novo hearing; and

(e) may conduct a hearing in private if the Victorian Racing Tribunal considers that it is in the public interest or in the interests of justice to do so, but must otherwise hold its hearings in public; and

(f) may review a decision that is the subject of an appeal in full including in circumstances where only part of the decision has been objected to, sought to be reviewed or appealed; and

S. 50Q substituted by No. 37/2018 s. 14.



136

(g) may make interim orders; and

(h) must act fairly and according to the substantial merits of the matter that is the subject of the hearing; and

(i) is bound by the rules of natural justice; and

(j) is not bound by the rules of evidence or any practices or procedures applicable to courts of record, except to the extent that it adopts those rules, practices or procedures; and

(k) may inform itself on any matter as it sees fit; and

(l) must conduct each hearing expeditiously and with as little formality and technicality as is reasonably possible; and

(m) may otherwise regulate its own procedure for the hearing.

(2) The Victorian Racing Tribunal may dismiss a matter without a hearing if the Victorian Racing Tribunal is satisfied that the matter is frivolous, vexatious, misconceived or lacking in substance.

(3) A party to a hearing before the Victorian Racing Tribunal is entitled to be represented by an Australian lawyer or any other person.

50R Experts may assist the Victorian Racing Tribunal

(1) The Secretary to the Department may, following consultation with the Chairperson, appoint a qualified expert or a panel of qualified experts to assist the Victorian Racing Tribunal.

(2) An expert is appointed for a period specified in the expert's instrument of appointment.

(3) The Victorian Racing Tribunal may conduct the hearing wholly or partially with the assistance of an expert.

S. 50R substituted by No. 37/2018 s. 14.



137

(4) The Victorian Racing Tribunal is not bound by the opinion or findings of an expert.

(5) An expert is not a member of the Victorian Racing Tribunal and does not form part of the Victorian Racing Tribunal for the purposes of the Victorian Racing Tribunal's determination on a matter following a hearing.

(6) An expert is entitled to be paid remuneration, allowances and expenses specified in the expert's instrument of appointment.

50S Power to compel production of documents and other things or attendance of witnesses

(1) For the purposes of the Victorian Racing Tribunal conducting a hearing, the Victorian Racing Tribunal Registrar, as directed by the Victorian Racing Tribunal, may serve or caused to be served written notice on a person requiring the person to—

(a) produce a specified document or other thing which is material to the subject matter of the hearing to the Victorian Racing Tribunal or a member of the Victorian Racing Tribunal conducting the hearing at a specified time and in the specified manner; or

(b) attend the hearing of the Victorian Racing Tribunal at a specified time and place to produce a specified document or other thing; or

(c) attend the hearing of the Victorian Racing Tribunal at a specified time and place, and from then on from day to day until excused, to give evidence; or

(d) attend the hearing of the Victorian Racing Tribunal at a specified time and place, and from then on from day to day until excused,




138

to give evidence and to produce a specified document or other thing.

(2) A written notice under subsection (1) in relation to a hearing of the Victorian Racing Tribunal—

(a) must contain the following information—

(i) a statement outlining the consequences of failing to comply with the notice;

(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;

(iii) how the person may object to the notice; and

(b) must be served in accordance with section 50T.

(3) A person whose attendance has been required by a notice under subsection (1) is required to attend at the time and place to which the hearing is adjourned or postponed without the issue or service of any further notice.

50T Service of notice under section 50S or 50U

(1) Subject to subsection (2), a notice under section 50S or 50U, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice.

(2) The Victorian Racing Tribunal Registrar may, as directed by the Victorian Racing Tribunal, serve a notice under section 50S requiring immediate attendance by a person if—

(a) the Victorian Racing Tribunal considers on reasonable grounds that a delay in the person's attendance is likely to result in—

(i) evidence being lost or destroyed; or




139

(ii) the commission of an offence; or

(iii) the escape of the person on whom the notice is served; or

(iv) serious prejudice to the conduct of the hearing to which the notice relates; or

(b) the person on whom the notice is served consents to immediate attendance.

(3) A notice under section 50S or 50U directed to a natural person must be served by serving a copy of the notice on the person personally.

(4) A notice under section 50S or 50U directed to a body corporate must be served by leaving a copy of the notice at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age.

(5) Subsection (4) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.

50U Variation or revocation of notice under section 50S

(1) A person on whom a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal has been served may make a claim to the Victorian Racing Tribunal—

(a) that the person has or will have a reasonable excuse for failing to comply with the notice; or

(b) in the case of a notice to produce, or a notice to attend and produce specified documents or things, that a document or other thing specified in the notice is not relevant to the subject matter of the hearing.




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(2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Victorian Racing Tribunal if the information—

(a) is the subject of parliamentary privilege; or

(b) is the subject of legal professional privilege; or

(c) is the subject of public interest immunity; or

(d) is prohibited from disclosure by a court order; or

(e) is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to the Victorian Racing Tribunal; or

(f) is prohibited from disclosure by a provision of another prescribed enactment.

(3) If the Victorian Racing Tribunal is satisfied that the person's claim is made out, the Victorian Racing Tribunal, by further written notice served on the person, may vary or revoke the notice.

(4) In addition to subsection (3), the Victorian Racing Tribunal, by further written notice served on a person may, at any time, vary or revoke a notice to produce or notice to attend served on the person.

(5) A notice varying or revoking a notice to produce or notice to attend under subsection (3) or (4) must be served in accordance with section 50T.

50V Failure to comply with notice to produce or attend




141

(1) If the Victorian Racing Tribunal is satisfied that a person has, without reasonable excuse, failed to comply with a notice to produce or notice to attend in relation to a hearing of the Victorian Racing Tribunal, the Victorian Racing Tribunal may apply to the Supreme Court for an order under this section.

(2) On an application under subsection (1), the Supreme Court may order the person to comply with the notice or requirement within the period specified by the Court.

50W Directions

(1) The Victorian Racing Tribunal may give directions at any time in a proceeding before the Victorian Racing Tribunal and do whatever is necessary for the expeditious and fair hearing and determination of a proceeding.

(2) The Victorian Racing Tribunal may give directions in accordance with subsection (1) that require a person to produce a document or provide information despite the provision of another enactment that prohibits the disclosure of the document or information or imposes a duty of confidentiality on the person in relation to the document or information.

(3) The power of the Victorian Racing Tribunal to give directions under subsection (1) may be exercised by any member of the Victorian Racing Tribunal.

50X Dealing with questions of law in hearings of the Victorian Racing Tribunal

(1) A question of law arising in a hearing must be decided by the Chairperson or a Deputy Chairperson.


S. 50X inserted by No. 37/2018 s. 14.



142

(2) In this section, question of law includes a question of mixed law and fact.

50Y Evidence in hearings of the Victorian Racing Tribunal

(1) The Victorian Racing Tribunal must allow a party a reasonable opportunity—

(a) to call or give evidence; and

(b) to examine, cross-examine or re-examine witnesses; and

(c) to make submissions to the Victorian Racing Tribunal.

(2) Despite subsection (1), the Victorian Racing Tribunal may refuse to allow a party to call evidence on a matter if the Victorian Racing Tribunal considers that there is already sufficient evidence in relation to the matter before the Victorian Racing Tribunal.

(3) Evidence in a proceeding before the Victorian Racing Tribunal may be given—

(a) orally or in writing; or

(b) by telephone, closed circuit television or video link; or

(c) by a steward or an investigator from the notes of evidence made by the steward or the investigator.

(4) The Victorian Racing Tribunal may require a person, whether in accordance with a notice under section 50S or otherwise, to give evidence or answer questions on oath or affirmation.

(5) The Victorian Racing Tribunal, a member of the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar may administer an oath or affirmation to a person for the purposes of subsection (4).

S. 50Y inserted by No. 37/2018 s. 14.



143

50Z Chairperson or Deputy Chairpersons may authorise a person to take evidence

(1) The Chairperson or a Deputy Chairperson may authorise, in writing, a person (whether or not that person is a member of the Victorian Racing Tribunal) to take evidence on behalf of the Victorian Racing Tribunal for the purposes of any proceeding.

(2) A person may take evidence on behalf of the Victorian Racing Tribunal under this section outside Victoria if this is authorised by the Chairperson or a Deputy Chairperson.

(3) The Chairperson or a Deputy Chairperson may give directions as to the taking of evidence under this section.

(4) If a person who is not a member of the Victorian Racing Tribunal is authorised to take evidence under this section, the person has all of the powers a member of the Victorian Racing Tribunal has in relation to the taking of evidence.

(5) Evidence taken under this section—

(a) is deemed to be evidence given to the Victorian Racing Tribunal; and

(b) in the case of evidence taken outside Victoria, is deemed to have been given in Victoria.

50ZA Retention of documents and exhibits

(1) The Victorian Racing Tribunal may retain—

(a) for a reasonable period and make copies of, or take extracts from, any document produced to the Victorian Racing Tribunal in the course of a hearing; or

S. 50Z inserted by No. 37/2018 s. 14.

S. 50ZA inserted by No. 37/2018 s. 14.



144

(b) for a reasonable period any exhibit or thing produced to the Victorian Racing Tribunal in the course of a hearing.

(2) If—

(a) the Victorian Racing Tribunal makes a copy of a document referred to in subsection (1)(a); and

(b) a member of the Victorian Racing Tribunal certifies the copy to be a true copy of the original—

the certified copy is admissible in evidence before any court, tribunal or other person acting judicially as if it were the original.

50ZB Protection of parties and members of Victorian Racing Tribunal

(1) A member of the Victorian Racing Tribunal has, in respect of the performance of the member's functions as a member, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.

(2) A person legally representing a party in a proceeding before the Victorian Racing Tribunal has the same protection and immunity as an Australian lawyer has in representing a party in a proceeding in the Supreme Court.

(3) A party to a proceeding before the Victorian Racing Tribunal has the same protection and immunity as a party has in a proceeding in the Supreme Court.

(4) A person who gives information or evidence, or produces a document to the Victorian Racing Tribunal has the same protection and immunity as a witness has in a proceeding in the Supreme Court.

S. 50ZB inserted by No. 37/2018 s. 14.



145

(5) A person taking evidence on behalf of the Victorian Racing Tribunal under section 50Z has, in the performance of the person's functions under that section, the same protection and immunity as a member of the Victorian Racing Tribunal.

(6) An expert who assists the Victorian Racing Tribunal has, in the performance of the expert's functions, the same protection and immunity as a member of the Victorian Racing Tribunal.

50ZC Service of documents by the Victorian Racing Tribunal

(1) For the purposes of this Part, a document (other than a notice under section 50S or 50U) may be served on or given to—

(a) a natural person—

(i) by delivering it personally to the person; or

(ii) by sending it to the person by post at the person's usual or last known residential or business address, by facsimile or by other electronic communication; or

(iii) by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 18 years old and apparently residing or employed there; or

(b) a body corporate—

(i) by delivering it personally to the registered office of the body corporate; or

S. 50ZC inserted by No. 37/2018 s. 14.



146

(ii) by sending it by post, facsimile or other electronic communication to the registered office of the body corporate; or

(iii) in any other way that service of documents may be effected on a body corporate; or

(c) an incorporated association within the meaning of the Associations Incorporation Reform Act 2012, in accordance with section 217 of that Act; or

(d) an unincorporated association—

(i) by delivering it personally to the president, secretary or other similar officer of the association; or

(ii) by sending it by post to the president, secretary or other similar officer of the association at that president's, secretary's or other officer's usual or last known residential or business address or by facsimile or other electronic communication; or

(e) in any other case—

(i) in a manner permitted by the rules; or

(ii) in a manner directed by the Victorian Racing Tribunal.

(2) Subsection (1)(b) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.

50ZD When is service effected?

(1) For the purposes of section 50ZC, a document is taken to have been served on, or given to, a natural person, body corporate, incorporated association or an unincorporated association—

S. 50ZD inserted by No. 37/2018 s. 14.



147

(a) in the case of a delivery in person—at the time the document is delivered; or

(b) in the case of posting—2 business days after the day on which the document was posted; or

(c) in the case of facsimile or other electronic communication—in accordance with the Electronic Transactions (Victoria) Act 2000.

(2) If a facsimile or other electronic communication is received after 4.00 p.m. on any day, it is taken to have been received on the next business day.


business day means a day other than—

(a) a Saturday or Sunday; or

(b) a day appointed under the Public Holidays Act 1993 as a public holiday in the place where the document is sent or delivered.

Division 4—Determinations of the Victorian Racing Tribunal

50ZE Determinations of the Victorian Racing Tribunal

(1) In the determination of any matter before the Victorian Racing Tribunal, the Victorian Racing Tribunal may—

(a) decide all questions of fact; and

(b) make any decision or order that the Victorian Racing Tribunal considers is required in the interests of justice, including the imposition of any penalty under the rules.

S. 50ZE inserted by No. 37/2018 s. 14.



148

(2) In determining an appeal under section 50K, 50L or 50M, the Victorian Racing Tribunal may—

(a) affirm, set aside or vary the decision that is the subject of the appeal; or

(b) quash, set aside, mitigate, reduce, vary or increase the penalty imposed on the appellant under the rules; or

(c) refer the matter back for reconsideration by the person who, or body that, made the decision that is the subject of the appeal.

50ZF Victorian Racing Tribunal to provide written statement of reasons for determinations on request

(1) After the Victorian Racing Tribunal has made a determination under section 50ZE, a party to a proceeding may request that the Victorian Racing Tribunal provide a written statement of reasons for its determination.

(2) A request under subsection (1) must be made within 28 days after the date of the Victorian Racing Tribunal's determination.

(3) After receiving a request made under subsection (1), the Victorian Racing Tribunal must provide a written statement of reasons within 28 days of the request.

(4) A written statement of reasons must set out—

(a) the reasons for the Victorian Racing Tribunal's determination; and

S. 50ZF inserted by No. 37/2018 s. 14.



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(b) the Victorian Racing Tribunal's findings on material questions of fact that led to the determination, referring to the evidence or other material on which those findings were based.

(5) A written statement of reasons must form part of the record of the proceeding in respect of which the determination was made.

Division 5—Offences 50ZG Offence to fail to comply with a notice to produce or

attend

A person who is duly served with a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal must not, without reasonable excuse, fail to comply with the notice.


50ZH Offence to fail to take oath, make affirmation or answer question

A person who is duly served with a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal must not, without reasonable excuse—

(a) refuse or fail to take an oath or make an affirmation when required to do so; or

(b) refuse or fail to answer a question that the person is required to answer by the Victorian Racing Tribunal.


S. 50ZG inserted by No. 37/2018 s. 14.

S. 50ZH inserted by No. 37/2018 s. 14.



150

50ZI Offence to make false or misleading statements or produce false or misleading documents or other things

(1) A person must not make a statement to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar that the person knows to be false or misleading in a material particular.


(2) A person must not produce a document or other thing to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar that the person knows to be false or misleading in a material particular unless the person—

(a) indicates to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar the respect in which it is false or misleading; and

(b) to the extent practicable, provides the correct information.


50ZJ Privilege against self-incrimination does not apply

(1) It is not a reasonable excuse for a person to refuse or fail to comply with a requirement under this Act to give information (including answering a question) or to produce a document to the Victorian Racing Tribunal on the ground that the information or document might tend to incriminate the person or make the person liable to a penalty.

(2) If a person claims, before giving information or producing a document to the Victorian Racing Tribunal, that the information or document might tend to incriminate the person, the information or document is not admissible in evidence in any

S. 50ZI inserted by No. 37/2018 s. 14.

S. 50ZJ inserted by No. 37/2018 s. 14.



151

criminal proceeding, other than in a proceeding in respect of section 50ZI in relation to the falsity of the information given.

50ZK Contempt of the Victorian Racing Tribunal

(1) A person must not—

(a) insult, threaten or intimidate a member of the Victorian Racing Tribunal in the performance of functions or the exercise of powers as a member at a hearing before the Victorian Racing Tribunal; or

(b) repeatedly interrupt a hearing before the Victorian Racing Tribunal; or

(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Victorian Racing Tribunal is conducting a hearing; or

(d) do any other act that would, if the Victorian Racing Tribunal were the Supreme Court, constitute contempt of that Court.

Penalty: 240 penalty units or imprisonment for 2 years or both.

(2) Despite subsection (1), the Chairperson or a Deputy Chairperson may—

(a) accept an apology for a contempt; and

(b) remit any punishment for it either wholly or in part.

50ZL Regulations

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

(a) forms for the purposes of this Part; and

S. 50ZK inserted by No. 37/2018 s. 14.

S. 50ZL inserted by No. 37/2018 s. 14.



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(b) generally prescribing any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstance.



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Part III—Greyhound racing

51 Definitions


* * * * *

Board means Greyhound Racing Victoria established under this Part;

breeding greyhound means a female greyhound kept or used for breeding;

* * * * *

Pt 3 (Heading) amended by No. 8209 s. 21(1)(a)(ii).

No. 6070 s. 51.S. 51 amended by No. 45/2004 s. 8(2) (ILA s. 39B(1)).

S. 51(1) def. of appointed day repealed by No. 37/1994 s. 188(a).S. 51(1) def. of Board amended by Nos 8209 s. 21(1)(a)(ii), 16/2001 s. 28(Sch. item 12).

S. 51(1) def. of breeding greyhound inserted by No. 83/1995 s. 4.

S. 51(1) def. of greyhound races amended by Nos 7621 s. 13(3)(a)(b), 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 188(a).



154

greyhound racing club or club means any person or body corporate or unincorporate who or which conducts greyhound races;

greyhound racing industry participant means—

(a) a greyhound racing club;

(b) an association or body (whether incorporated or unincorporated)—

(i) the members of which are owners, breeders or trainers of greyhounds which compete in greyhound races, or registered bookmakers; and

(ii) which represents and promotes the interests of those members;

(c) an association or body involved in greyhound racing declared to be a greyhound racing industry participant under subsection (2);

(d) a person who is involved in the keeping, racing, breeding, whelping, rearing, training or pre-training of a greyhound registered in accordance with section 73A(c);

greyhound trial track means any land that is held out by any person or body of persons having the management or control thereof whether as owner lessee occupier or otherwise for use for trials or other training of greyhounds other than greyhounds owned by or leased to that person or body of persons and not being a ground in respect of which a licence to hold greyhound races is required by this Part;

S. 51(1) def. of greyhound racing club or club amended by No. 8209 s. 21(1)(a)(ii).

S. 51(1) def. of greyhound racing industry participant inserted by No. 45/2004 s. 8, amended by Nos 73/2008 s. 7, 37/2018 s. 26(1).

S. 51(1) def. of greyhound trial track inserted by No. 8603 s. 4.



155

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 greyhound races;

metropolis means the area within a radius of 32 kilometres from the north-east 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 greyhound races or intended greyhound 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);

prize money has the same meaning as it has in the rules;

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 greyhound races or intended greyhound races and occupying or having authority to

S. 51(1) def. of ground amended by No. 8209 s. 21(1)(a)(ii).

S. 51(1) def. of metropolis amended by S.R. Nos 166/1974 reg. 2, 50/2015 s. 3(6).

S. 51(1) def. of occupier amended by No. 8209 s. 21(1)(a)(ii).

S. 51(1) def. of prize money inserted by No. 37/2018 s. 26(2).

S. 51(1) def. of promoter amended by No. 8209 s. 21(1)(a)(ii).



156

occupy any ground where such greyhound races are intended to be held;

* * * * *

rules means rules made by the Board pursuant to this Part;

stud greyhound means a male greyhound kept or used for breeding;

syndicate means two or more persons who jointly own or lease a greyhound.

(2) For the purposes of paragraph (c) of the definition of greyhound racing industry participant, the Minister may, in writing, declare an association or body (whether incorporated or unincorporated)—

(a) the members of which are persons or bodies involved in greyhound racing; and

(b) that is not an association or body referred to in paragraph (a) or (b) of the definition of greyhound racing industry participant—

to be a greyhound racing industry participant.

S. 51(1) def. of regulations repealed by No. 37/1994 s. 188(a).

S. 51(1) def. of stud greyhound inserted by No. 83/1995 s. 4.

S. 51(1) def. of syndicate inserted by No. 83/1995 s. 4.

S. 51(2) inserted by No. 45/2004 s. 8(2).



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Division 1—Restrictions on, and licences for, greyhound racing

* * * * *

52A Plumpton coursing with mechanical quarry

(1) Despite anything to the contrary in this Division, a club may apply to the Minister for the issue of a permit authorising the club to hold plumpton coursing matches conducted by the use of a mechanical quarry, being matches approved in accordance with the rules of Greyhound Racing Victoria.

(2) The Minister may, after consultation with Greyhound Racing Victoria, issue such a permit, subject to any conditions that the Minister thinks fit.


(4) The Minister—


(b) must cancel a permit issued to a club if Greyhound Racing Victoria notifies the Minister in writing that the club has no

Pt 3 Div. 1 (Heading) amended by No. 8209 s. 21(1)(a)(ii).

S. 52 repealed.

S. 52A inserted by No. 7621 s. 3, amended by Nos 8344 s. 26(3)(v), 9201 s. 19, 9671 s. 4, 37/1994 s. 188(c), substituted by No. 73/1996 s. 83.

S. 52A(1) amended by No. 16/2001 s. 28(Sch. item 13).


S. 52A(4)(b) amended by No. 16/2001 s. 28(Sch. item 13).



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plumpton coursing matches approved in accordance with its rules.


(6) Plumpton coursing matches authorised by a permit under this section must be conducted under the rules of Greyhound Racing Victoria.

(7) Plumpton coursing matches so permitted and conducted by the use of a mechanical quarry are deemed to be sports within the meaning of section 84.

52B Greyhound racing permits

(1) Despite anything to the contrary in this Division, a club may apply to the Minister for the issue of a permit authorising the club to hold greyhound races approved in accordance with the rules of Greyhound Racing Victoria on a specified ground 32 kilometres or more from the north-east corner of Bourke and Elizabeth Streets, Melbourne.

(2) The Minister may, after consultation with Greyhound Racing Victoria, issue such a permit, subject to any conditions that the Minister thinks fit.



S. 52A(7) amended by No. 114/2003 s. 12.1.3(Sch. 6 item 10.6).

S. 52B inserted by No. 9671 s. 5, amended by Nos 32/1991 s. 5(a)(b), 37/1994 s. 188(d), substituted by No. 73/1996 s. 84.

S. 52B(1) amended by Nos 16/2001 s. 28(Sch. item 14), 50/2015 s. 3(7).

S. 52B(2) amended by No. 16/2001 s. 28(Sch. item 14).



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(4) The Minister—


(b) must cancel a permit issued to a club if Greyhound Racing Victoria notifies the Minister in writing that the club has no greyhound races approved in accordance with its rules.


(6) Greyhound races authorised by a permit under this section must be conducted under the rules of Greyhound Racing Victoria.

* * * * *

55 Offences relating to greyhound races that involve the use of an animal as a lure

(1) A person must not act as one of the following in respect of a greyhound race that involves the use of an animal as a lure for pursuit by a greyhound—

(a) a steward;

(b) a starter;

(c) a lure driver;

(d) a judge.


S. 52B(4)(b) amended by No. 16/2001 s. 28(Sch. item 14).

S. 52B(6) amended by No. 16/2001 s. 28(Sch. item 14).

Ss 53–54A repealed.

No. 6070 s. 55.S. 55 amended by Nos 8209 s. 21(1)(a)(ii), 125/1986 s. 13(e),substituted by 17/2016 s. 4.



160

(2) If a greyhound race involves the use of an animal as a lure for pursuit by a greyhound, the occupier of the ground on which that race is held is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

(3) If a greyhound race involves the use of an animal as a lure for pursuit by a greyhound, the promoter of that race is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

Note

It is an offence to use an animal as a lure in connection with the training or racing of any coursing dog—see section 13 of the Prevention of Cruelty to Animals Act 1986.

* * * * *

* * * * *

* * * * *

63A Greyhound races on ANZAC Day

Ss 56–59 repealed.

S. 59A inserted by No. 8080 s. 4, amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(z), 9146 s. 8, 37/1994 s. 188(h), repealed by No. 97/1998 s. 16.


S. 63A (Heading) inserted by No. 96/2003 s. 17(5).S. 63A inserted by No. 6607 s. 3(b), amended by No. 8209 s. 21(1)(a)(ii), S.R. No. 166/1974 reg. 2, No. 32/1991 s. 6(2).



161

(1) No greyhound races shall be held on ANZAC Day in any year except on one ground within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne, to be nominated by Greyhound Racing Victoria and on such grounds not being within 32 kilometres of that corner and not exceeding eight in number as Greyhound Racing Victoria nominates.

(2) No race at any greyhound races held on ANZAC Day is to commence before 1 p.m.

(3) The promoter of any greyhound races held on ANZAC Day shall within two months after the holding of such greyhound races—

(a) supply to the Minister a detailed statement correctly setting out all receipts and expenditure in connexion with such greyhound races and verified by statutory declaration made by such promoter or if such promoter is a body corporate or a body unincorporate by the chairman and secretary thereof or in the latter case by the chairman or president and the secretary or treasurer thereof; and

(b) pay the whole of the net profit from such greyhound races into the ANZAC Day Proceeds Fund established under the ANZAC Day Act 1958: Provided that where

S. 63A(1) amended by Nos 16/2001 s. 28(Sch. item 15), 96/2003 s. 17(6), 50/2015 s. 3(8).

S. 63A(2) amended by S.R. No. 166/1974 reg. 2, substituted by No. 32/1991 s. 6(3), amended by No. 96/2003 s. 17(6).

S. 63A(3) amended by Nos 8344 s. 26(3)(cc), 96/2003 s. 17(6).

S. 63A(3)(b) amended by S.R. No. 166/1974 reg. 2, Nos 49/1987 s. 24(1)(a), 37/1994 s. 188(j), 96/2003 s. 17(6), 50/2015 s. 3(9).



162

any such greyhound races are held on a ground not within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne, the Minister may before the greyhound races are held authorize the payment of the net profit therefrom to any institution or organization in the district in which the greyhound races are held if he is satisfied, after consultation with the president for the time being of the Victorian branch of the Returned Services League of Australia, that such institution or organization is one whose objects would permit it to be recommended to share in the distribution of the said Fund under subsection (3) of section four A of the said Act.

* * * * *

* * * * *

* * * * *

64 Penalties for holding greyhound races in contravention of this Division etc.

S. 63A(4) substituted by No. 32/1991 s. 6(4), repealed by No. 37/1994 s. 188(k).

S. 63A(5) inserted by No. 17/1992 s. 6(7), repealed by No. 37/1994 s. 188(k).

Heading preceding s. 64 repealed by No. 37/1994 s. 188(l).

No. 6070 s. 64. S. 64 amended by No. 8209 s. 21(1)(a)(ii).



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(1) If any greyhound race is held on any ground in contravention of this Division (whether such greyhound race is held by the holder of a licence or not) then the promoter of such greyhound race and the occupier of the ground on which such greyhound race is held and every person acting as steward starter or judge in respect of such greyhound race shall be guilty of an offence against this Division and shall be liable to a penalty of not less than 5 penalty units and not more than 50 penalty units:

Provided that no person acting as steward starter or judge in respect of any greyhound 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 greyhound race was being held in contravention of this Division.

* * * * *

(3) If any promoter of greyhound races held on ANZAC Day in any year fails to comply with any provision of subsection (3) of section sixty-three A of this Act he shall be guilty of an offence against this Division and liable to a penalty of not more than 10 penalty units.

65 Returns to be lodged by promoters of greyhound races

(1) Every promoter of greyhound races on any ground shall within the prescribed periods lodge with the Minister such returns with respect to such greyhound races as are prescribed.

S. 64(1) amended by No. 125/1986 s. 13(f).

S. 64(2) repealed by No. 37/1994 s. 188(m).

S. 64(3) inserted by No. 6607 s. 3(c), amended by Nos 125/1986 s. 13(g), 96/2003 s. 17(7).

No. 6070 s. 65.

S. 65(1) amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(dd).



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(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 4 penalty units.

66 Provision in case of offence by body corporate

(1) Where any body corporate is guilty of an offence against this Division then without affecting the liability of such body corporate for such offence every chairman director manager and officer of such body corporate who directs authorizes or knowingly suffers the commission of such offence by the body corporate shall be severally liable to the penalty therefor.

(2) Where the holder of a licence or the promoter of any greyhound 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 greyhound 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 or failure.

* * * * *

68 Regulations


* * * * *

S. 65(2) amended by No. 125/1986 s. 13(h).

No. 6070 s. 66.

S. 66(2) amended by Nos 8181 s. 2(1)(Sch. item 159), 8209 s. 21(1)(a)(ii).

S. 67 repealed.

No. 6070 s. 68.

S. 68(1)(a)(b) repealed by No. 37/1994 s. 188(o).



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

(ca) forms to be used for the purpose of this Part;

(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.

* * * * *

Division 2—Greyhound Racing Victoria

69 Constitution of Board

(1) There shall be a Board in the name of Greyhound Racing Victoria, constituted as provided in this Act.

S. 68(1)(c) amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(ee).S. 68(1)(ca) inserted by No. 6607 s. 3(d).

S. 68(2) repealed by No. 6886 s. 3.

Pt 3 Div. 2 (Heading) amended by Nos 8209 s. 21(1)(a)(ii), 16/2001 s. 28(Sch. item 16).

No. 6070 s. 69.

S. 69(1) amended by No. 8209 s. 21(1)(a)(ii), substituted by No. 16/2001 s. 14.



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(1A) The Board is a body corporate and has perpetual succession and a common seal, and is capable in law of suing and being sued and, subject to and for the purposes of this Act, of purchasing, leasing or otherwise dealing with any real or personal property and of doing and suffering anything else that bodies corporate may by law do or suffer.

(2) The Board consists of at least 5 but not more than 7 members of whom—

(a) one member is to be the chairperson of the Board; and

(b) at least one member must have experience or expertise in animal welfare or ethics.

(3) The members of the Board shall be appointed by the Governor in Council on the recommendation of the Minister.

(3A) The Minister may make a recommendation referred to in subsection (3) if, in the Minister's opinion, the person has the necessary skills, experience and knowledge to assist the Board to carry out its functions.


S. 69(2) amended by Nos 6954 s. 2(a)(i)–(vi), 7828 s. 5, 8209 ss 8(a)(b), 21(1)(a)(ii), 9146 s. 10, substituted by No. 9671 s. 8, amended by No. 41/1989 s. 4(1)(a)(b), substituted by No. 11/1997 s. 4, amended by No. 17/2016 s. 5(1), substituted by No. 37/2018 s. 27.

S. 69(3) substituted by No. 6954 s. 2(b), repealed by No. 9671 s. 8, new s. 69(3) inserted by No. 49/1987 s. 24(1)(e), substituted by No. 11/1997 s. 4.




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(4) The Minister may appoint a member other than the chairperson to be deputy chairperson of the Board.

(5) If the chairperson is unable to perform the duties of the office or the office of chairperson is vacant, the deputy chairperson may act in the place of the chairperson.

(6) The deputy chairperson while acting in the place of the chairperson has all the powers and may perform all the duties of the chairperson.

(7) A member of the Board (other than the executive director) holding office immediately before the commencement of section 4 of the Racing (Amendment) Act 1997 continues to hold office after that commencement on the same terms and conditions for the remainder of the term specified in his or her instrument of appointment.

(8) A person holding office as executive director of the Board immediately before the commencement of section 4 of the Racing (Amendment) Act 1997 goes out of office on that commencement.

70 Term of office

(1) Subject to this Division, a member of the Board holds office for the term, not exceeding 3 years, that is specified in the member's instrument of appointment but is eligible for re-appointment.

* * * * *

S. 69(4) repealed by No. 6954 s. 2(c), new s. 69(4) inserted by No. 49/1987 s. 24(1)(e), substituted by No. 11/1997 s. 4.S. 69(5) inserted by No. 11/1997 s. 4.

S. 69(6) inserted by No. 11/1997 s. 4.

S. 69(7) inserted by No. 11/1997 s. 4.

S. 69(8) inserted by No. 11/1997 s. 4.

No. 6070 s. 70.S. 70(1) amended by No. 49/1993 s. 7(1), substituted by No. 11/1997 s. 5.

S. 70(1A) inserted by No. 49/1993 s. 7(2), repealed by No. 11/1997 s. 5.



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

71 Vacancies

(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 Minister;

(e) if without leave granted by the Minister he fails to attend three successive meetings of the Board;

(ea) if he accepts or holds any place of profit under the Board;

(eb) if he fails to comply with the provisions of section 75A(1); or

(f) 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.

No. 6070 s. 71.

S. 71(1)(d) amended by No. 7621 s. 12(8).

S. 71(1)(e) amended by No. 9201 s. 12(a).

S. 71(1)(ea) inserted by No. 9201 s. 12(b).

S. 71(1)(eb) inserted by No. 9201 s. 12(b).



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(3) Any person appointed to fill an extraordinary vacancy holds office for the period, not exceeding 3 years, which is specified in the instrument of his or her appointment.

71A Appointment of administrator

(1) On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may appoint an administrator to manage the greyhound racing industry for the period of the administration.

(2) The Minister may make a recommendation referred to in subsection (1) if, in the Minister's opinion—

(a) the Board has failed to efficiently or competently manage the greyhound racing industry; or

(b) the appointment of an administrator is otherwise in the public interest.

(3) On the appointment of an administrator—

(a) the members of the Board cease to hold office; and

(b) subject to the order, the administrator has all the functions and may exercise all the powers of the Board.

(4) An administrator appointed under this section—

(a) is appointed for the period and subject to the terms and conditions specified in the order; and

(b) is entitled to be paid any remuneration, travelling and other allowances that the Minister determines.

(5) An administrator ceases to hold office—





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(a) on the appointment of members to the Board in accordance with section 69; or

(b) on the appointment of another administrator in accordance with this section.

Note

See also section 41 of the Interpretation of Legislation Act 1984.

72 Who to preside

(1) The chairperson shall preside at all meetings of the Board and in his absence the deputy chairperson 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 person presiding at the meeting shall have a second or casting vote.

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

73 Chief executive officer and other officers of Board

(1) The Board shall appoint, with the approval of the Minister, a fit and proper person to be the chief executive officer of the Board.

(2) The chief executive officer is entitled to be paid—

No. 6070 s. 72.S. 72(1) amended by Nos 41/1989 s. 4(2), 11/1997 s. 7(1).

S. 72(2) amended by Nos 8209 s. 9, 41/1989 s. 4(3).

S. 72(4) amended by No. 11/1997 s. 7(2).

No. 6070 s. 73. S. 73 amended by No. 7621 s. 12(8), substituted by Nos 10014 s. 5(1), 41/1989 s. 5.S. 73(1) substituted by No. 11/1997 s. 6.




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(a) the remuneration determined by the Board; and

(b) travelling and other allowances (if any) determined by the Board, with the approval of the Minister.

(3) The chief executive officer is appointed subject to any other terms and conditions determined by the Board.

(3A) The chief executive officer—

(a) has control of the day to day administration of the affairs of the Board and must administer those affairs in accordance with the policies of, and directions given by, the Board; and

(b) may exercise other powers and must perform other duties that are conferred or imposed on the chief executive officer by or under this Act or by the Board.

(3B) The Board may, with the approval of the Minister, revoke the appointment of the chief executive officer at any time.

(4) The Board shall appoint such other officers as are required.

73A Board may delegate functions to the chief executive officer

The Board may delegate the following functions to the chief executive officer of the Board—

(a) the employment of staff;

(b) the establishment of proper procedures to consult with greyhound racing industry

S. 73(3) substituted by Nos 73/1996 s. 90(2), 11/1997 s. 6.

S. 73(3A) inserted by No. 11/1997 s. 6.

S. 73(3B) inserted by No. 11/1997 s. 6.




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participants and facilitate consultation amongst greyhound racing industry participants in accordance with section 75B;

(c) to register greyhounds for greyhound racing and breeding;

(d) to licence any greyhound racing industry participant in accordance with any policies developed by the Board or any conditions specified by the Board;

(e) to register any greyhound racing industry participant in accordance with any policies developed by the Board or any conditions specified by the Board.

74 Travelling expenses and fees

Each member of the Board shall be severally entitled to receive such fees and travelling and other allowances as are fixed by the Governor in Council in respect of that member.

75 Functions of Board

The functions of the Board are subject to this Part—

(a) to control the sport of greyhound racing;

(aa) to carry out research into aspects of greyhound racing to assist in planning future development;

(ab) to promote the sport of greyhound racing;

(aba) to promote and improve animal welfare within the sport of greyhound racing;

No. 6070 s. 74.S. 74 amended by No. 83/1995 s. 11(3).

No. 6070 s. 75.

S. 75(a) amended by No. 8209 s. 21(1)(a)(ii).

S. 75(aa) inserted by No. 9671 s. 9.

S. 75(ab) inserted by No. 9671 s. 9.

S. 75(aba) inserted by No. 17/2016 s. 7.



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(abb) to promote, and monitor compliance with, the rules;

(ac) to conduct greyhound races;

(aca) to licence any greyhound racing industry participant;

(acb) to register any greyhound racing industry participant;

(acc) to develop policies in relation to licensing and registration of a greyhound racing industry participant;

(acd) to specify conditions on a greyhound racing industry participant's registration or licence;

(ace) to cancel or suspend the licence or registration of a greyhound racing industry participant;

(acf) to cancel or suspend the registration of a greyhound;

(acg) to impose or vary a condition of a greyhound racing industry participant's registration or licence;

(ach) to withhold prize money from a greyhound racing industry participant;

(ad) to register greyhounds for greyhound racing or for stud or other purposes and to regulate the breeding, kennelling and verification of

S. 75(abb) inserted by No. 17/2016 s. 7.

S. 75(ac) inserted by No. 37/1994 s. 188(p).S. 75(aca) inserted by No. 37/2018 s. 29.

S. 75(acb) inserted by No. 37/2018 s. 29.

S. 75(acc) inserted by No. 37/2018 s. 29.

S. 75(acd) inserted by No. 37/2018 s. 29.S. 75(ace) inserted by No. 37/2018 s. 29.

S. 75(acf) inserted by No. 37/2018 s. 29.

S. 75(acg) inserted by No. 37/2018 s. 29.

S. 75(ach) inserted by No. 37/2018 s. 29.

S. 75(ad) inserted by No. 83/1995 s. 5, substituted by No. 16/2001 s. 15.



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lineage of greyhounds for greyhound racing or for stud or other purposes;

(ae) to consult with greyhound racing industry participants and facilitate consultation amongst greyhound racing industry participants;

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

75A Disclosure of pecuniary interest

(1) If a member of the Board knowingly has any direct or indirect pecuniary interest in any contract or proposed contract with the Board or in any other matter in which the Board is concerned, and is present at any meeting of the Board at which the contract, proposed contract or other matter is being considered, he shall at the meeting, as soon as practicable after the commencement thereof, disclose his interest and he shall not remain in the room in which such meeting is being held during any consideration or discussion of or the taking of any vote on any question with respect to the contract, proposed contract, or other matter.

(2) For the purposes of this section a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter, if—

(a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct or indirect pecuniary interest in the other matter under consideration; or

(b) he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct or

S. 75(ae) inserted by No. 45/2004 s. 9.




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indirect pecuniary interest in the other matter under consideration.

(3) For the purposes of this section a member of the Board who enters a greyhound of which the member or the member's spouse or domestic partner is the owner part-owner or trainer in a greyhound race at meetings conducted by the Board shall not thereby be treated as having a direct or indirect interest in any contract or proposed contract or other matter with or concerning the Board.

(3A) For the purposes of this section, a member of the Board who holds office in or is a member or employee of a greyhound racing club shall not thereby be treated as having a direct or indirect interest in a contract or proposed contract or other matter with or concerning that club.

(4) Where a member of the Board has an indirect pecuniary interest in any contract, proposed contract or other matter and would not be treated as having such an interest but for the fact that he has a beneficial interest in shares of a company or other body, then, if the total nominal value of those shares does not exceed $1000 or one-hundredth of the total nominal value of the issued share capital of the company or body (whichever is the less) so much of subsection (1) as precludes him from taking part in the consideration or discussion of, or voting on, any question with respect to the contract, proposed contract or other matter shall not apply to him.

(5) Where the share capital of a company or other body is of more than one class, subsection (4) shall not apply if the total nominal value of all the shares of any one class in which he has a beneficial interest exceeds one-hundredth of the

S. 75A(3) amended by No. 72/2001 s. 3(Sch. item 11.6).




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total nominal value of the issued share capital of that class of the company or other body.

(6) The interest of a member's spouse or domestic partner is deemed, for the purposes of this section, to be also the interest of the member if—

(a) they are living together; and

(b) the member knows of the interest.

(7) A general notice given in writing to the chief executive officer of the Board by a member of the Board to the effect that the member or the member's spouse or domestic partner is a member or in the employment of a specified company or other body, or a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.

(8) If a member of the Board fails to comply with the provisions of subsection (1) his seat shall thereupon become vacant and every such vacancy shall be deemed to be an extraordinary vacancy.

(9) In this section the expression shares includes stock and the expression share capital shall be construed accordingly.

75B Consultation procedures to be established

The Board must establish proper procedures to consult with greyhound racing industry participants and to facilitate consultation amongst greyhound racing industry participants.

75C Reporting on consultations

The Board must, in every report of operations under Part 7 of the Financial Management

S. 75A(6) substituted by No. 72/2001 s. 3(Sch. item 11.7).

S. 75A(7) amended by Nos 10014 s. 5(2), 41/1989 s. 6, 97/1998 s. 18, 72/2001 s. 3(Sch. item 11.8(a)(b)).





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Act 1994—

(a) include details of—

(i) all of its consultations with greyhound racing industry participants, including the greyhound racing industry participants with which it consulted in each case; and

(ii) all cases where it has facilitated consultation amongst greyhound racing industry participants; and

(iii) every decision made following consultation with greyhound racing industry participants; and

(b) set out the procedures required to be established in accordance with section 75B.

76 Fund and finances of Board

(1) The Board shall establish a fund to be called "Greyhound Racing Victoria Fund".

(2) Subject to Division 3 and Part IV, 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

No. 6070 s. 76.S. 76(1) amended by Nos 8209 s. 21(1)(a)(ii), 16/2001 s. 28(Sch. item 17).

S. 76(2) amended by No. 24/2000 s. 12(2)(b).



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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 greyhound racing clubs.

76A Borrowings by Board

For the purposes of carrying out its powers and functions under this Act, the Board is authorised with the prior approval in writing of the Minister and the Treasurer to borrow moneys on such terms and conditions as the Treasurer approves.

Division 3—General control of greyhound racing

77 Registration etc. of clubs and persons participating in greyhound racing

(1) The Board may in accordance with the rules—

(aa) fix dates and times for greyhound race-meetings;

(a) licence any greyhound racing industry participant;

S. 76(4) amended by No. 8209 s. 21(1)(a)(ii).


Pt 3 Div. 3 (Heading) amended by No. 8209 s. 21(1)(a)(ii).

No. 6070 s. 77.

S. 77(1) amended by No. 9924 s. 3(c).

S. 77(1)(aa) inserted by No. 37/1994 s. 188(q).

S. 77(1)(a) amended by Nos 8209 s. 21(1)(a)(ii), 8603 s. 5, substituted by No. 32/1991 s. 7, amended by Nos 83/1995 s. 6(a), 16/2001 s. 16(a), substituted by No. 37/2018 s. 30(1).



179

(ab) register any greyhound racing industry participant;

(b) charge and take for any such registration the fees prescribed therefor by the rules;

(c) impose or vary conditions on a licence or registration of a greyhound racing industry participant;

(ca) suspend a licence or registration of a greyhound racing industry participant;

(cb) disqualify a greyhound racing industry participant from participating in greyhound racing;

(cc) disqualify or suspend any club from participating in greyhound racing;

(cd) disqualify or suspend any greyhound from participating in greyhound racing;

(d) exclude from participation in greyhound racing any club, syndicate, greyhound or person that is not registered as required by

S. 77(1)(ab) inserted by No. 37/2018 s. 30(1).

S. 77(1)(c) amended by No. 8209 s. 21(1)(a)(ii), substituted by No. 37/2018 s. 30(2).

S. 77(1)(ca) inserted by No. 37/2018 s. 30(2).

S. 77(1)(cb) inserted by No. 37/2018 s. 30(2).

S. 77(1)(cc) inserted by No. 37/2018 s. 30(2).

S. 77(1)(cd) inserted by No. 37/2018 s. 30(2).

S. 77(1)(d) amended by Nos 8209 s. 21(1)(a)(ii), 83/1995 s. 6(b).



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this Part or the regulations or is under disqualification or suspension pursuant to this Part or the rules;

(da) regulate the registration, breeding, kennelling and verification of lineage of greyhounds for greyhound racing or for stud or other purposes;

(db) determine whether an individual is a fit and proper person to participate in greyhound racing;

(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 matters referred to in paragraphs (a), (b) and (d) shall be final and without appeal.

(2) A steward of the Board or of a registered club who is authorised in writing by the Board or the club (as the case requires) may, in accordance with the rules and subject to the Board's approval, take the following action in relation to a greyhound or a greyhound racing industry participant who contravenes the rules—

(a) impose a fine on the greyhound racing industry participant; or

(b) disqualify or suspend the greyhound or the greyhound racing industry participant from participating in greyhound racing; or

(c) impose a fine under paragraph (a) and disqualify or suspend the greyhound or the greyhound racing industry participant from participating in greyhound racing; or

(d) cancel or suspend the registration of the greyhound racing industry participant; or

(e) cancel or suspend the registration of the greyhound; or

S. 77(1)(da) inserted by No. 16/2001 s. 16(b).

S. 77(1)(db) inserted by No. 37/2018 s. 30(3).

S. 77(2) amended by No. 9146 s. 11, substituted by No. 37/2018 s. 30(4).



181

(f) impose or vary a condition of the greyhound racing industry participant's registration or licence; or

(g) impose or vary a condition of the registration of the greyhound; or

(h) give directions to the greyhound racing industry participant; or

(i) withhold prize money from the greyhound racing industry participant.

(3) The Board may suspend the members of a committee or other managing body of any greyhound racing club and may appoint some fit and proper person to be administrator of the club.

(4) An administrator so appointed shall be deemed to be the committee or other managing body of the club and shall have and exercise all the powers and be subject to all the duties of the club and all the powers and duties of the chairman or any member of the club.

(5) When an administrator has been appointed for any club the Board may at any time it thinks fit remove the suspension of the members of the committee or other managing body of the club and thereupon all the powers and duties of the administrator shall cease.

77AA Registration of racing greyhounds

A racing greyhound must be registered with the Board until the greyhound retires from the greyhound racing industry.

77A Member of Board etc. may enter and inspect etc.

S. 77(3) substituted by No. 6638 s. 3(b), amended by No. 8209 s. 21(1)(a)(ii), substituted by No. 9671 s. 10.

S. 77(4) inserted by No. 6638 s. 3(b), amended by Nos 7621 s. 4(1), 8209 s. 21(1)(a)(ii), substituted by No. 9671 s. 10.

S. 77(5) inserted by No. 6638 s. 3(b), amended by No. 8344 s. 26(3)(ff), substituted by No. 9671 s. 10.S. 77AA inserted by No. 37/2018 s. 31.

S. 77A inserted by No. 9671 s. 11, amended by Nos 83/1995 s. 7(1), 17/2016 s. 8(1).



182

(1) Subject to this section, a member of the Board or an officer authorised by the Board in writing for the purpose (whether generally or in any specific case) may enter the following premises for the purposes of enforcing or determining compliance with this Act and the rules—

(a) premises used by a registered greyhound club;

(b) premises used for the purpose of kennelling or breeding greyhounds;

(c) premises where greyhounds are kept, whelped, reared, educated, trained, trialled or raced.

(2) A member of the Board or an officer authorised by the Board who enters a premises under this section may do any of the following for the purposes of enforcing or determining compliance with this Act and the rules—

(a) inspect the premises and any greyhound in or on the premises;

(b) inspect, and make copies of, or take extracts from, any document kept at the premises;

(c) take photographs (including audio, video or digital recordings) at the premises;

(d) take and keep samples from any greyhound;

(e) take and keep samples of any thing or any substance in or on the premises;

(f) if it is not practicable to take and keep samples of a substance under paragraph (e),

S. 77A(1) amended by No. 17/2016 s. 8(1), substituted byNo. 37/2018 s. 32(1).

S. 77A(2) inserted by No. 83/1995 s. 7(2), amended by No. 17/2016 s. 8(1), substituted byNo. 37/2018 s. 32(1).



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take and keep containers used for the storage and administration of the substance;

(g) mark, tag or otherwise identify a greyhound on the premises.

(2A) A member of the Board or any officer authorised by the Board may enter premises and exercise any other power under this section—

(a) during the period commencing one hour before sunrise and ending one hour after sunset; and

(b) at any other time if the Board believes on reasonable grounds that a person has contravened or is contravening this Act or the rules at or on the premises.

(3) A person authorised by the Board may not exercise any power under this section if the person fails to produce, on request, his or her identity card for inspection by the occupier of the premises.

(4) A person authorised by the Board may not, under this section, enter a residence unless the occupier of the residence has consented in writing to the entry and inspection.

(5) An occupier who consents in writing to entry and inspection of his or her residence under this section must be given a copy of the signed consent immediately.

(6) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and inspection.

(7) An officer authorised by the Board who is exercising any power under this section is subject to the Surveillance Devices Act 1999.









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78 Use or disclosure of information for the Domestic Animals Act 1994

(1) An authorised person may—

(a) use any information in the register for the purposes of enforcing Part 4AA of the Domestic Animals Act 1994 or any regulations made under that Part; or

(b) disclose any information in the register to a person appointed as an authorised officer under section 71A or 72 of the Domestic Animals Act 1994 for the purposes of enforcing Part 4AA of the Domestic Animals Act 1994 or any regulations made under that Part.


authorised person means an officer, authorised by the Board for the purpose of section 77A, who is appointed under section 71A of the Domestic Animals Act 1994 as an authorised officer;

register means the register kept by the Board relating to the registration of greyhounds and greyhound racing participants.

* * * * *

79A Greyhound trials and training

(1) No person or body of persons shall conduct any trials or other training of greyhounds on a greyhound trial track unless the track is registered

No. 6070 s. 78. S. 78 amended by Nos 7621 s. 5, 8209 s. 21(1)(b), substituted by No. 83/1995 s. 8, repealed by No. 16/2001 s. 17, new s. 78 inserted by No. 17/2016 s. 9.

S. 79 repealed.




185

in accordance with the rules and such trial or training is of a type authorized by the rules.

(2) If any greyhound trial or training is held in contravention of this section any owner or occupier of the land used and any person participating in the conduct of the trial or training shall be liable to a penalty of not less than 10 penalty units or more than 50 penalty units.

* * * * *

* * * * *

* * * * *

S. 79A(2) amended by No. 125/1986 s. 13(i).

No. 6070 s. 80.S. 80 amended by Nos 8209 s. 21(1)(a)(ii), 9146 s. 12, 9671 s. 12(a)(b), 9924 s. 3(d), substituted by No. 97/1998 s. 19, amended by 16/2001 s. 18, repealed by No. 52/2009 s. 12.S. 80A repealed.

S. 81 amended by No. 9146 s. 7(2), substituted by No. 9201 s. 17, amended by Nos 9388 s. 8, 37/1994 s. 193(2), repealed by No. 31/1994 s. 4(Sch. 2 item 71.2). new s. 81 inserted by No. 97/1998 s. 19, repealed by No. 52/2009 s. 12.



186

* * * * *

82 Rules of Board

(1) The Board may make rules for or with respect to the control of the sport of greyhound racing in Victoria and the regulation of the registration and breeding of greyhounds for greyhound racing, 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 administer or perform.

(1A) Without limiting the powers of the Board under subsection (1), the Board may make rules for or with respect to—

(a) the registration of greyhounds as racing greyhounds, stud greyhounds or breeding greyhounds;

(b) the recognition of registration of greyhounds in a State or Territory other than Victoria, or outside Australia;

(c) the approval of registered greyhounds for racing;

(ca) the welfare of greyhounds;

S. 81A inserted by No. 97/1998 s. 19, repealed by No. 52/2009 s. 12.

No. 6070 s. 82. S. 82 amended by Nos 8209 s. 21(1)(a)(ii), 8603 s. 6(1).

S. 82(1) amended by No. 83/1995 s. 9(1).


S. 82(1A)(ca) inserted by No. 17/2016 s. 10(1).



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(d) the breeding and kennelling of greyhounds, including the registration of—

(i) services by stud greyhounds; and

(ii) results of matings; and

(iii) greyhound puppies in a litter;

(e) the collection of body samples from greyhounds to verify lineage for the purposes of registration;

(f) fees to be paid for registration, recognition of registration, approval for racing and the collection and testing of body samples.

Note

Under section 69(3) of the Domestic Animals Act 1994 the Board must pay to the Treasurer money in respect of fees for the registration of certain greyhounds for the purposes of that Act.

(2) For the purposes of subsection (1) control of the sport of greyhound racing in Victoria extends to control of the use of greyhound trial tracks.

83 Regulations


* * * * *

(b) elections for the purposes of this Part;

* * * * *

Note to s. 82(1A) inserted by No. 17/2016 s. 10(2).

S. 82(2) inserted by No. 8603 s. 6(2).

No. 6070 s. 83.

S. 83(1)(a) amended by Nos 7621 s. 6, 8209 s. 21(1)(b), 9146 s. 13, repealed by No. 83/1995 s. 10.

S. 83(1)(c) amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 52/2009 s. 12.



188

* * * * *

(d) penalties not exceeding 5 penalty units 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.

* * * * *

S. 83(1)(ca)–(cc) inserted by No. 9671 s. 14, repealed by No. 9924 s. 3(f).

S. 83(1)(d) amended by No. 125/1986 s. 13(d).

S. 83(3) repealed by No. 6886 s. 3.



189

* * * * *

Pt 3A (Heading and ss 83A–83E) repealed, new Pt 3A (Heading and ss 83A–83OC) inserted by No. 52/2009 s. 8, amended by Nos 55/2012 ss 13–16, 17/2014 s. 160(Sch. 2 item 83.3), 17/2016 s. 11, repealed by No. 37/2018 s. 15.



190

Pt 3B (Heading and ss 83F–83O) inserted by No. 9924 s. 2, amended1, substituted as Pt 3B (Heading and ss 83OD–83OG) by No. 52/2009 s. 9.

Part IIIB—the Victorian Racing Tribunal Registrar

83OD Definitions

In this Part—

serious offence means an offence that is a serious offence within the meaning of the rules of—

(a) Greyhound Racing Victoria; or

(b) Harness Racing Victoria; or

(c) Racing Victoria.

83OE Victorian Racing Tribunal Registrar

(1) For the purposes of assisting in the administration of the Victorian Racing Tribunal there is to be

Pt 3B (Heading) substituted by No. 37/2018 s. 16.

S. 83OD inserted by No. 52/2009 s. 9.

S. 83OD def. of serious offence substituted by No. 37/2018 s. 17.

S. 83OE (Heading) substituted by No. 37/2018 s. 18.

S. 83OE inserted by No. 52/2009 s. 9.

S. 83OE(1) amended by No. 37/2018 s. 19(1).



191

appointed a Victorian Racing Tribunal Registrar.

(2) The Secretary to the Department must employ a Victorian Racing Tribunal Registrar under the Public Administration Act 2004.

83OF Functions of Victorian Racing Tribunal Registrar

(1) The Victorian Racing Tribunal Registrar must—

(a) keep a register in the prescribed form containing the prescribed particulars of—

(i) appeals lodged with the Victorian Racing Tribunal; and

(ii) serious offences to be heard and determined by the Victorian Racing Tribunal; and

(iii) determinations made by the Victorian Racing Tribunal as a result of any hearings;

(b) issue a notice under section 50S as directed by the Victorian Racing Tribunal;

S. 83OE(2) substituted by No. 37/2018 s. 19(2).

S. 83OF (Heading) amended by No. 37/2018 s. 20.

S. 83OF inserted by No. 52/2009 s. 9.

S. 83OF(1) amended by No. 37/2018 s. 21(1).

S. 83OF (1)(a)(i) amended by No. 37/2018 s. 21(2).

S. 83OF (1)(a)(ii) amended by No. 37/2018 s. 21(2).

S. 83OF (1)(a)(iii) amended by No. 37/2018 s. 21(2).

S. 83OF(1)(b) amended by No. 37/2018 s. 21(2), substituted by No. 37/2018 s. 21(3).



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(c) perform any other functions as directed by the Victorian Racing Tribunal.

(2) The Victorian Racing Tribunal Registrar must keep and make available for inspection any prescribed forms or any prescribed documents.

(3) As soon as practicable after the end of each quarter, the Victorian Racing Tribunal Registrar must give to the Racing Integrity Commissioner, a report setting out the details recorded in the register kept by the Registrar under subsection (1)(a).

83OG Regulations

The Governor in Council may make regulations for or with respect to prescribing—

(a) forms (including the form of a summons) for the purposes of this Part; and

(b) the form and content of the register; and

(c) generally prescribing any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.

S. 83OF(1)(c) amended by No. 37/2018 s. 21(2).



S. 83OG inserted by No. 52/2009 s. 9.



193

Part IIIBA—Review by VCAT—Decisions of the Victorian Racing Tribunal

83OH Review by VCAT of decisions of the Victorian Racing Tribunal

(1) A person whose interests are affected by a decision made by the Victorian Racing Tribunal may apply to VCAT for review of that decision in relation to a penalty imposed on the person by the Victorian Racing Tribunal.

(2) A Steward may apply to VCAT for review of a decision made by the Victorian Racing Tribunal in relation to a penalty imposed by the Victorian Racing Tribunal.Note

See clause 66N of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998.

83OI Time limit for applying for review

An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person

Pt 3BA (Heading) substituted by No. 37/2018 s. 22.

Pt 3BA (Heading and ss 83OH, 83OI) inserted by No. 52/2009 s. 9.

S. 83OH inserted by No. 52/2009 s. 9, substituted by No. 37/2018 s. 23.

S. 83OI inserted by No. 52/2009 s. 9.



194

is informed under section 46(5) of that Act that a statement of reasons will not be given.



195

Part IIIC—Review by VCAT—Occupationalracing and bookmaking licences

83P Definitions

In this Part—

bookmaking licence means a licence or other authority issued in respect of a bookmaker or bookmaker's key employee by a controlling body or racing club under any rules made under section 5, 91A or 91B;

* * * * *

occupational racing licence means any licence, registration, permit or other authority required under the rules made by a controlling body for a person to participate in any occupation in racing or in any class or category of an occupation in racing, other than a bookmaking licence or registration of a bookmaker or bookmaker's key employee under Part 5A of Chapter 4 of the Gambling Regulation Act 2003.

Pt 3C (Heading) amended by No. 52/2009 s. 14.Pt 3C (Heading and ss 83P–83S) inserted by No. 16/2001 s. 23.


S. 83P def. of bookmaking licence amended by No. 19/2002 s. 5, substituted by No. 73/2008 s. 9(1).S. 83P def. of controlling body repealed by No. 52/2009 s. 13.

S. 83P def. of occupational racing licence amended by No. 73/2008 s. 9(2).



196

83Q Review by VCAT of occupational racing licences

In the case of an occupational racing licence, a person may apply to VCAT for review of—

(a) a decision to refuse an application for such a licence; or

(b) a decision to—

(i) refuse to renew such a licence; or

(ii) revoke such a licence; or

(c) a decision to—

(i) impose a condition on; or

(ii) vary or revoke a condition on; or

(iii) refuse to vary or revoke a condition on—

such a licence.

83R Review by VCAT of bookmaking licences

In the case of a bookmaking licence, a person may apply to VCAT for review of—

(a) a decision to refuse an application for such a licence; or

(b) a decision to—

(i) refuse to renew such a licence; or

(ii) revoke such a licence; or

(c) a decision to—

(i) impose a condition on; or

(ii) vary or revoke a condition on; or

(iii) refuse to vary or revoke a condition on; or

S. 83Qinserted by No. 16/2001 s. 23, amended by No. 52/2009 s. 15.

S. 83Rinserted by No. 16/2001 s. 23, amended by No. 52/2009 s. 15.



197

(iv) suspend—

such a licence; or

(d) a decision to disqualify a person from holding such a licence; or

(e) a decision to impose a fine on the holder of such a licence for any matter connected with such a licence; or

(f) a decision to warn off the holder of such a licence.

83S Time limit for applying for review

An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

S. 83Sinserted by No. 16/2001 s. 23.



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Part IIID—Functions and powers of gambling and liquor inspectors

83T Functions of gambling and liquor inspectors

The functions of gambling and liquor inspectors are as follows for the purposes of determining compliance with sections 4B to 4I and section 92—

(a) to inspect approved off-course premises;

(b) to monitor the operation and management of activities on approved off-course premises;

(c) to examine machinery and equipment used and records kept in approved off-course premises;

(d) to assist in any other manner, where necessary, in the detection of offences committed against sections 4B to 4I and section 92.

83U Right of entry

(1) A gambling and liquor inspector may enter and remain on any approved off-course premises for the purposes of exercising his or her functions as a gambling and liquor inspector under section 83T.

(2) The power of entry may be exercised with the written consent of the occupier of the approved off-course premises at any time.

(3) A gambling and liquor inspector who enters approved off-course premises is not authorised to remain on the premises if, on the request of the occupier of the premises, the gambling and liquor

Pt 3D (Heading and ss 83T–83W) inserted by No. 55/2012 s. 17.





199

inspector does not show his or her identity card to the occupier.

(4) If an occupier consents to the entry of approved off-course premises under this section, the gambling and liquor inspector must give the occupier a copy of the consent immediately.

(5) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to entry.

83V Powers of gambling and liquor inspectors

(1) A gambling and liquor inspector may do any one or more of the following—

(a) require any person in possession of, or having control of, any machinery, equipment or records relating to an activity regulated by sections 4B to 4I and section 92 to produce the machinery, equipment or records for inspection and to answer questions or provide information relating to the machinery, equipment or records;

(b) inspect any machinery, equipment or records referred to in paragraph (a) and take copies of, extracts from, or notes relating to, those records;

(c) if the gambling and liquor inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any machinery, equipment or records;

(d) by written notice require—

(i) a registered bookmaker who holds an approval under section 4C; or

(ii) an approved substitute of a registered bookmaker referred to in




200

subparagraph (i); or

(iii) any other person associated with operations or their management in premises the inspector is authorised to enter—

to attend before the gambling and liquor inspector at a specified time or place and answer questions, or to provide information within a reasonable period specified in the notice, with respect of any activity regulated by sections 4B to 4I and section 92;

(e) examine and test any machinery or equipment referred to in paragraph (a) and order the person in charge of the machinery or equipment to withdraw it from use if it is unsatisfactory for use;

(f) call to the gambling and liquor inspector's assistance a police officer if the gambling and liquor inspector is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the performance of his or her functions;

(g) any other thing authorised by this Act or the regulations to be done by a gambling and liquor inspector.

(2) If a gambling and liquor inspector seizes anything under this section, it may be retained by the gambling and liquor inspector until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but only if, in the case of records, the person from whom the records were seized is provided, within reasonable time after the seizure, with a copy of the records certified by a gambling and liquor inspector as a true copy.

S. 83V(1)(f) amended by No. 37/2014 s. 10(Sch. item 139.4).



201

(3) Subsection (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.

(4) A copy of records provided under subsection (2) is, as evidence, of equal validity to the records of which it is certified to be a copy.

83W Power to require names and addresses

(1) A gambling and liquor inspector who exercises a right of entry to an approved off-course premises under section 83U may require a person on the premises to state the person's full name and residential address.

(2) A gambling and liquor inspector is not authorised to require a person to state his or her name or address unless the gambling and liquor inspector—

(a) suspects on reasonable grounds that the person has committed an offence; and

(b) has informed the person, at the time of stating the requirement, that it is an offence to fail to comply with the requirement.

(3) A person must comply with a requirement made in accordance with this section.





202

Part IV—Registered bookmakers and controlling bodies

84 Definitions

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

approved betting event has the same meaning as in the Gambling Regulation Act 2003;

* * * * *

* * * * *

bookmaker includes any person who (whether on the person's own account or as employee or agent of any other person) carries on the business or vocation of or acts as a

Pt 4 (Heading) substituted by No. 6790 s. 4, amended by No. 97/1998 s. 20, substituted by Nos 19/2002 s. 6, 73/2008 s. 10(1).

No. 6070 s. 84.

S. 84 def. of approved betting event inserted by No. 18/2007 s. 6(h).

S. 84 def. of approved bookmaking company inserted by No. 19/2002 s. 7(a), repealed by No. 73/2008 s. 10(2).

S. 84 def. of automatic recorder inserted by No. 17/1992 s. 9(a), repealed by No. 24/2000 s. 12(2)(c).

S. 84 def. of bookmaker amended by Nos 6790 s. 5(a), 73/1996 s. 86(a)(i), 74/2000 s. 3(Sch. 1 item 107.2), 19/2002 s. 7(b)(i)(ii).



203

bookmaker or turf commission agent, and any person who gains or endeavours to gain a livelihood wholly or partly by betting or making wagers;

bookmaker's betting turnover for a period, means the gross amount of all bets made with a bookmaker in that period less the gross amount of bets made in that period by the bookmaker in respect of those bets with—

(a) other bookmakers who are carrying on their business or vocation under a club bookmaker's licence in accordance with this Act; and

(b) the holder of the wagering licence under Part 3 of Chapter 4 of the Gambling Regulation Act 2003;

* * * * *

* * * * *

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 Racing Victoria or Harness Racing Victoria

S. 84 def. of bookmaker's betting turnover inserted by No. 24/2000 s. 12(2)(d), amended by No. 114/2003 s. 12.1.3(Sch. 6 item 10.7(a)).

S. 84 def. of bookmaker's clerk amended by Nos 7230 s. 3, 19/2002 s. 7(c), repealed by No. 73/2008 s. 10(2).

S. 84 def. of bookmaker's course agent inserted by No. 6790 s. 5(b), repealed by No. 73/1996 s. 86(a)(ii).

S. 84 def. of club bookmaker's licence amended by Nos 73/1996 s. 88(1)(a), 16/2001 s. 28(Sch. item 20(a)), 35/2001 s. 6(Sch. 1 item 10(a)), 19/2002 s. 7(d), 55/2012 s. 18.



204

or Greyhound Racing Victoria or 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 the business or vocation of bookmaking on a race-course, any part of a racecourse, an approved off-course premises or (as the case may be) on a sports ground as specified in the licence or permit;

* * * * *

* * * * *

* * * * *

* * * * *

prescribed means prescribed by regulations made under this Part;

S. 84 def. of Committee repealed by No. 73/2008 s. 10(2).

S. 84 def. of controlling body inserted by No. 24/2000 s. 12(2)(d), amended by Nos 16/2001 s. 28(Sch. item 20(b)(i) (ii)), 35/2001 s. 6(Sch. 1 item 10(b)), repealed by No. 52/2009 s. 13.

S. 84 def. of gaming investigator inserted by No. 125/1986 s. 7(a), repealed by No. 24/2000 s. 12(2)(c).

S. 84 def. of member repealed by No. 73/2008 s. 10(2).



205

promoter means the person or body that has the control, direction, conduct or management of any sports and occupying or having authority to occupy the sports ground on which the sports are played;

race-course has the same meaning as racecourse has in the Gambling Regulation Act 2003;

* * * * *

racing club means club association society or body of persons corporate or unincorporate formed for promoting or controlling horse racing pony racing or harness racing or greyhound racing or for holding race-meetings but does not include Racing Victoria, Harness Racing Victoria and Greyhound Racing Victoria;

regulations means regulations made under this Part;

sports means bicycle races, foot races, coursing matches, dog races (other than greyhound races), cricket matches, football matches or any other game, exercise, pastime or contest

S. 84 def. of promoter amended by No. 7621 s. 13(5)(a), substituted by No. 114/2003 s. 12.1.3(Sch. 6 item 10.7(b)).S. 84 def. of race-course amended by No. 7621 s. 13(5)(b), substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.7(c)), amended by Nos 56/2014 s. 63(3), 50/2015 s. 10.

S. 84 def. of race-meeting amended by No. 7621 s. 13(5)(b), repealed by No. 16/2001 s. 24.

S. 84 def. of racing club amended by Nos 9671 s. 28, 73/1996 s. 88(1)(b), 35/2001 s. 6(Sch. 1 item 10(c)), 19/2002 s. 7(e).

S. 84 def. of sports amended by No. 7621 s. 13(5)(a), substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.7(d)).



206

(other than a horse race) to which persons commonly resort as spectators;

sports ground means any land to which persons are admitted, either at all times or only at certain times and whether on payment of an entrance fee or otherwise, for the purpose of taking part in or watching any sports;

* * * * *

* * * * *

* * * * *

* * * * *

S. 84 def. of sports ground amended by No. 7621 s. 13(5)(a), substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.7(e)).S. 84 defs of substitute licence and substitute permit repealed by No. 73/2008 s. 10(2).

S. 84 def. of trading bookmaking partnership inserted by No. 19/2002 s. 7(a), repealed by No. 73/2008 s. 10(2).

S. 84 def. of write out inserted by No. 17/1992 s. 9(b), repealed by No. 24/2000 s. 12(2)(c).

S. 85 amended by Nos 7082 s. 4, 8080 s. 5(1), 8209 ss 12, 21(1)(a)(ii), 9671 s. 29, 83/1995 s. 11(5), 97/1998 s. 21, 16/2001 s. 28(Sch. item 21), 35/2001 s. 6(Sch. 1 item 11), 19/2002 s. 8, repealed by No. 73/2008 s. 10(3).



207

* * * * *

* * * * *

* * * * *

* * * * *

S. 85AA inserted by No. 16/2001 s. 25, repealed by No. 73/2008 s. 10(3).

S. 85A inserted by No. 7230 s. 4, amended by Nos 125/1986 s. 13(j), 73/1996 s. 86(b), repealed by No. 73/2008 s. 10(3).

S. 86 amended by Nos 6790 s. 6, 8776 s. 3(1)(a), 9075 s. 5(2), 125/1986 s. 6(1), 65/1988 s. 22(a), 17/1992 s. 8(1), 77/1993 s. 8(1)(2), 83/1995 s. 14(a), 24/2000 s. 12(2)(e), 19/2002 s. 9, repealed by No. 73/2008 s. 10(3).

S. 86A inserted by No. 37/1994 s. 191, amended by No. 19/2002 s. 10, repealed by No. 73/2008 s. 10(3).



208

* * * * *

* * * * *

* * * * *

* * * * *

Ss 86B, 86C inserted by No. 19/2002 s. 11, repealed by No. 73/2008 s. 10(3).

S. 87 amended by Nos 6790 s. 7, 8776 s. 3(1)(b), 125/1986 s. 6(1), 65/1988 s. 22(b), 17/1992 ss 8(2), 10, 83/1995 s. 14(b), 73/1996 s. 87, 24/2000 s. 12(2)(f), 19/2002 s. 12, repealed by No. 73/2008 s. 10(3).

S. 87A inserted by No. 6790 s. 8, amended by Nos 125/1986 s. 6(1), 65/1988 s. 22(c), 32/1991 s. 8, 17/1992 s. 8(3), 83/1995 s. 14(c), repealed by No. 73/1996 s. 86(c).

S. 87B inserted by No. 7230 s. 5, amended by Nos 9549 s. 2(1)(Sch. item 188), 125/1986 s. 13(k) (as amended by No. 41/1989 s. 9), 24/2000 s. 12(2)(g), 16/2001 s. 26, 19/2002 s. 13, repealed by No. 73/2008 s. 10(3).



209

* * * * *

* * * * *

* * * * *

S. 88 amended by Nos 6790 s. 9, 125/1986 s. 6(2), 65/1988 s. 22(d), 83/1995 s. 14(d), 73/1996 s. 86(d), 19/2002 s. 14, repealed by No. 73/2008 s. 10(3).

S. 89 amended by Nos 6790 s. 10, 49/1987 s. 17, 65/1988 s. 22(e), 73/1996 s. 86(e), repealed by No. 73/2008 s. 10(3).

S. 90 amended by Nos 6790 s. 11, 125/1986 s. 7(b), 73/1996 s. 86(f), 40/1997 s. 138(Sch. 2 item 12), 24/2000 s. 12(2)(h), repealed by No. 73/2008 s. 10(3).



210

91 Requirements for bookmakers to carry on business

(1) A person must not carry on the business of bookmaking on a racecourse, part of a racecourse, an approved off-course premises or a sports ground unless the person—

(a) is a registered bookmaker or an approved substitute; and

(b) in the case of a registered bookmaker, holds a club bookmaker's licence issued to the bookmaker for that racecourse, part of a racecourse, an approved off-course premises or sports ground if such a licence is required by a controlling body or by any racing club or promoter of sports to enable the bookmaker to carry on the business of bookmaking.

Penalty:Level 8 imprisonment (1 year maximum) or level 8 fine (120 penalty units) or both.

No. 6070 s. 91.S. 91 amended by Nos 6790 s. 12,125/1986 s. 13(l), 65/1988 s. 22(f), 41/1989 s. 8(e), 73/1996 ss 86(g), 88(2)(3), 97/1998 s. 22, 16/2001 s. 28(Sch. item 22), 35/2001 s. 6(Sch. 1 item 12), 19/2002 s. 15, substituted by No. 73/2008 s. 11.

S. 91(1) amended by No. 55/2012 s. 19(1).

S. 91(1)(b) amended by No. 55/2012 s. 19(1).



211

(2) If a controlling body requires a bookmaker to hold a club bookmaker's licence for race meetings at a racecourse, then the bookmaker is not required to obtain a club bookmaker's licence from any racing club in respect of those race meetings.

(3) If Racing Victoria requires a bookmaker to hold a club bookmaker's licence for the purposes of betting in accordance with section 4(4)(b), the bookmaker is not required to obtain a club bookmaker's licence from any other racing club in respect of that betting.

(4) A person carrying on the business of bookmaking on a racecourse, part of a racecourse, an approved off-course premises or a sports ground must not employ a person as a bookmaker's key employee unless the person is a registered bookmaker's key employee.


91A Controlling bodies may make rules

(1) For the purposes of section 91, Racing Victoria may make rules for or with respect to—

(a) the issue of club bookmaker's licences by Racing Victoria on payment of the fees fixed by the rules; and

(b) fixing the terms and conditions of club bookmaker's licences issued by Racing Victoria; and

S. 91(4) amended by No. 55/2012 s. 19(2).


S. 91A(1) amended by No. 35/2001 s. 6(Sch. 1 item 13(a)).

S. 91A(1)(a) amended by No. 35/2001 s. 6(Sch. 1 item 13(b)).

S. 91A(1)(b) amended by No. 35/2001 s. 6(Sch. 1 item 13(c)).



212

(c) excluding or removing from a race-course or part of a race-course bookmakers who are not so licensed.

(2) For the purposes of section 91 and without limiting section 49, Harness Racing Victoria may make rules for or with respect to—

(a) the issue of club bookmaker's licences by Harness Racing Victoria on payment of the fees fixed by the rules; and

(b) fixing the terms and conditions of club bookmaker's licences issued by Harness Racing Victoria; and


(3) For the purposes of section 91 and without limiting section 82, Greyhound Racing Victoria may make rules for or with respect to—

(a) the issue of club bookmaker's licences by Greyhound Racing Victoria on payment of the fees fixed by the rules; and

(b) fixing the terms and conditions of club bookmaker's licences issued by Greyhound Racing Victoria; and

S. 91A(2) amended by No. 16/2001 s. 28(Sch. item 23(a)).

S. 91A(2)(a) amended by No. 16/2001 s. 28(Sch. item 23(a)).

S. 91A(2)(b) amended by No. 16/2001 s. 28(Sch. item 23(a)).

S. 91A(3) amended by No. 16/2001 s. 28(Sch. item 23(b)).

S. 91A(3)(a) amended by No. 16/2001 s. 28(Sch. item 23(b)).

S. 91A(3)(b) amended by No. 16/2001 s. 28(Sch. item 23(b)).



213


(4) A controlling body must advise the Commission of any disciplinary action taken against a bookmaker under rules made under this section within 48 hours of the taking of the action.

(5) On being advised of any disciplinary action taken against a bookmaker, the Commission may request in writing to the controlling body any further information relating to the disciplinary action.

(6) The controlling body must give the information requested under subsection (5) to the Commission within 14 days or the longer period allowed by the Commission.

91AB Approved substitutes

(1) A registered bookmaker may apply to a controlling body for approval of a registered bookmaker's key employee to carry on the business of the registered bookmaker during a period of absence.

(2) An approval by the controlling body under subsection (1) may be given generally or in relation to particular race meetings or dates.

(3) Each controlling body must establish and maintain a Register of Approved Substitutes.

(4) The Register must contain the following information—

(a) the name of each registered bookmaker who has an approved substitute; and

(b) the name of the approved substitute for that registered bookmaker; and

S. 91A(4) inserted by No. 73/2008 s. 12.



S. 91AB inserted by No. 73/2008 s. 13.



214

(c) the period of time for which the approval was granted; and

(d) if applicable, the particulars of the race meetings and dates for which the approved substitute will substitute for the registered bookmaker.

(5) A controlling body must make its Register available for inspection by the Commission.

(6) An approved substitute is subject to the provisions of this Act and every other Act in all respects as if the approved substitute were a registered bookmaker or the holder of a club bookmaker's licence.

91B Bookmaker's licence levy

(1) A controlling body may make rules—

(a) imposing a periodic levy on a bookmaker who is required by the controlling body to hold a club bookmaker's licence; and

(b) providing for the calculation of the levy, including the classes of bets that are to be included or excluded for the purpose of calculating the levy; and

(c) providing for the payment and recovery of the levy, including the imposition of interest on late payment; and

(d) providing for the application of the proceeds of the levy, including interest on late payment and fines (other than the proportion


S. 91B(1) amended by No. 35/2001 s. 6(Sch. 1 item 14).



215

that is paid into a bookmaking development fund under section 91C(2)(a)); and

(e) imposing requirements for the making and recording of betting transactions and the reporting to the controlling body of those transactions and other information required by the controlling body; and

(f) imposing sanctions for non-compliance with the rules, including fines, licence suspension and disqualification.

(2) A levy imposed by rules made under this section may differ according to different classes of bets or different classes of bookmakers, or both.

* * * * *

(4) A controlling body may recover any levy, interest or fine payable by a bookmaker under rules made under this section in a court of competent jurisdiction as a debt due to the controlling body.

(5) Rules made under this section, and any amendments to them, do not come into operation until they are approved in writing by the Minister under section 91D.

91C Bookmaking development fund

(1) Unless the Minister determines otherwise, a controlling body that makes rules under section 91B must establish a bookmaking development fund.

S. 91B(3) repealed by No. 55/2012 s. 20.




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(2) There is to be paid into each fund—

(a) a proportion, determined from time to time by the relevant controlling body with the approval of the Minister, of the total amount received in respect of levies, interest on late payment and fines imposed under rules made under section 91B; and

(b) any money derived from any investment of the fund.

(3) The Minister may at any time withdraw an approval given under subsection (2)(a).

(4) Money standing to the credit of each fund is to be applied, as determined from time to time by the relevant controlling body in accordance with guidelines issued under subsection (5)—

(a) for the advancement of the bookmaking profession; and

(b) to defray the reasonable expenses of administering the fund.

(5) For the purposes of subsection (4), a controlling body that establishes a fund under this section must issue guidelines for the administration of the fund, including guidelines—

(a) specifying the method for determining payments from the fund (including the method for determining the reasonable expenses of administering the fund); and

(b) providing a process for consultation between the controlling body and the bookmaking profession in respect of the application of the fund.

(6) Guidelines made under subsection (5), and any amendments to them, do not come into operation until they are approved in writing by the Minister under section 91D.



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91D Ministerial approval of rules and guidelines

(1) The Minister, in writing given to a controlling body, may approve rules made under section 91B by that body or guidelines made under section 91C by that body or amendments made to those rules or guidelines by that body.

(2) An approval under this section—

(a) may be given indefinitely or for a specified period;

(b) may be made subject to conditions, including a condition that the controlling body review the rule, guideline or amendment within the period specified by the Minister;

(c) may at any time be withdrawn in writing by the Minister.

(3) Without limiting subsection (2)(c), the Minister may withdraw approval of a rule, guideline or amendment if the controlling body that made it does not comply with a condition to which it is subject.

(4) The withdrawal of approval of a rule or guideline by the Minister takes effect as a revocation of the rule or guideline.

(5) If the Minister withdraws approval of an amendment of a rule or guideline, the rule or guideline takes effect, after the withdrawal, as if the amendment had not been made.

91E Provision of information regarding betting records

A controlling body may disclose information relating to betting transactions that it obtains from


S. 91E inserted by No. 24/2000 s. 13, amended by No. 73/2008 s. 14(1).



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a registered bookmaker or registered bookmaker's key employee to—

(a) another controlling body;

(b) the Commission;

(c) the Chief Commissioner of Police or a police officer authorised in writing by the Chief Commissioner of Police;

(d) Victorian Bookmakers Association Limited;

(da) a person or body that, in the opinion of the controlling body, controls, organises or administers an approved betting event;

(e) the Australian Transaction Reports and Analysis Centre;

(f) the Commissioner of Taxation of the Commonwealth;

(g) a person or body that—

(i) has any regulatory or administrative functions in respect of racing, bookmaking or betting in Victoria or in another State or a Territory of the Commonwealth; and

(ii) is specified by the Minister, by Order published in the Government Gazette, for the purposes of this section.

92 Production of documents by bookmakers and bookmaker's key employees

S. 91E(b) amended by No. 73/2008 s. 14(2).

S. 91E(c) amended by No. 37/2014 s. 10(Sch. item 139.4).

S. 91E(da) inserted by No. 18/2007 s. 6(i).

No. 6070 s. 92. S. 92 amended by Nos 6790 s. 13, 125/1986 s. 7(b), 73/1996 s. 86(h), 40/1997s. 138(Sch. 2 item 12), 24/2000 s. 14, 19/2002 s. 16, substituted by No. 73/2008 s. 15.



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(1) A bookmaker carrying on the business of bookmaking on a racecourse, part of a racecourse, an approved off-course premises or a sports ground must produce for inspection—

(a) evidence of registration under Part 5A of Chapter 4 of the Gambling Regulation Act 2003; or

(ab) in the case of a bookmaker making and accepting bets using a method of communication approved by the Minister under section 4A at premises not on a racecourse—evidence of an approval given to the bookmaker under section 4C entitling the bookmaker to carry on that business at that approved off-course premises; or

(b) evidence of a licence required under section 91(1)(b)—

if so requested by an authorised person.


(2) A bookmaker's key employee who is working on a racecourse, part of a racecourse, an approved off-course premises or a sports ground must produce for inspection—

(a) evidence of registration under Part 5A of Chapter 4 of the Gambling Regulation Act 2003; or

S. 92(1) amended by No. 55/2012 s. 21(1)(a).

S. 92(1)(ab) inserted by No. 55/2012 s. 21(1)(b).

S. 92(2) amended by No. 55/2012 s. 21(2).

S. 92(2)(a) inserted by No. 55/2012 s. 21(2)(b).



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(b) in the case of a bookmaker's key employee making and accepting bets using a method of communication approved by the Minister under section 4A at premises not on a racecourse—evidence of an approval given to a bookmaker under section 4C entitling the bookmaker to carry on that business at that approved off-course premises—

if so requested by an authorised person.



authorised person means—

(a) the secretary or chairman of the club conducting the races on the racecourse; or

(b) the promoter of any sports on the sports ground; or

(c) a police officer; or

(d) a gambling and liquor inspector.

* * * * *

* * * * *

* * * * *

S. 92(2)(b) inserted by No. 55/2012 s. 21(2)(b).

S. 92(3) def. of authorised person amended by Nos 55/2012 s. 21(3), 37/2014 s. 10(Sch. item 139.5).

No. 6070 s. 93. S. 93 amended by No. 65/1988 s. 22(g), repealed by No. 73/2008 s. 16.

S. 93A inserted by No. 6790 s. 14, amended by No. 65/1988 s. 22(h), repealed by No. 73/1996 s. 86(i).

No. 6070 s. 94.S. 94 amended by No. 125/1986 s. 13(m), repealed by No. 73/2008 s. 16.



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94A Guarantee of bookmakers against defaults in payment of wagers

(1AA) In this section—

bond includes a guarantee;

determined amount, in relation to a bond, class of registered bookmaker or class of wager, means the amount determined by Order under subsection (2B) in respect of that bond, class of registered bookmaker or class of wager.

* * * * *

(1) The Commission, with the approval of the Minister, may—


S. 94A(1AA) inserted by No. 73/1996 s. 75(1), amended by No. 19/2002 s. 17(1).

S. 94A(1AA) def. of bond inserted by No. 73/2008 s. 17(1).

S. 94A(1AA) def. of determined amount substituted by No. 73/2008 s. 17(2).

S. 94A(1AA) def. of registered bookmaker repealed by No. 73/2008 s. 17(3).S. 94A(1) amended by Nos 8603 s. 10(a), 49/1987 s. 18(a), 73/1996 s. 75(2), 97/1998 s. 23(1), 19/2002 s. 17(2)(a)(b)(c), 114/2003 s. 12.1.3 (Sch. 6 item 10.8(a)), substituted by No. 73/2008 s. 17(4).



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(a) arrange with the Victorian Bookmakers Association Limited ACN 004 236 677 (the Company) for the Company to lodge with the Commission a bond in the determined amount, in the circumstances and to the extent provided by this section, to satisfy defaults made by registered bookmakers or their approved substitutes in the payment of wagers to persons betting with them in accordance with section 4, a club betting permit or section 2.2.5 of the Gambling Regulation Act 2003; or

(b) require a registered bookmaker to make arrangements satisfactory to the Commission for the lodgement of a bond in the determined amount to satisfy defaults made by the bookmaker or the bookmaker's approved substitute.

(2) A bond under subsection (1)(a) remains in force, after being lodged with the Commission, until revoked by notice in writing by the Company addressed to the Commission.

(2A) A bond under subsection (1)(a) may limit the liability of the Company—

S. 94A(1)(a) amended by No. 56/2014 s. 63(4).

S. 94A(2) amended by Nos 8603 s. 10(b)(i)(ii), 49/1987 s. 18(b), 27/1988 s. 8, substituted by No. 73/1996 s. 75(3), amended by Nos 19/2002 s. 17(3), 73/2008 s. 17(5).

S. 94A(2A) inserted by No. 73/1996 s. 75(3), amended by No. 19/2002 s. 17(4)(a)-(c), substituted by No. 73/2008 s. 17(6).



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(a) in relation to each registered bookmaker who is a member of a class determined by Order under subsection (2B), to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers (not being defaults to which paragraph (b) applies)—

(i) of a total amount of not less than the determined amount in respect of that class of registered bookmaker; or

(ii) if the registered bookmaker is a member of more than one class, of a total amount of not less than the highest determined amount in respect of those classes of registered bookmaker; and

(b) in relation to each registered bookmaker, to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers of a class determined by Order under subsection (2B), of a total amount of not less than the determined amount in respect of that class of wager.

(2B) The Governor in Council, by Order published in the Government Gazette, may determine for the purposes of this section—

(a) the amount of a bond referred to in subsection (1)(a) or (b); and

(b) classes of registered bookmaker and an amount in respect of each class; and

(c) classes of wager and an amount in respect of each class.

(2C) If an Order is made under subsection (2B), the Order is to be taken not to apply in respect of any wager made before the commencement of that Order.

S. 94A(2B) inserted by No. 73/1996 s. 75(3), amended by No. 19/2002 s. 17(5), substituted by No. 73/2008 s. 17(7).

S. 94A(2C) inserted by No. 19/2002 s. 17(6).



224

(3) The revocation of a bond under subsection (1)(a) does not affect the liability of the Company to make any payment due under the conditions of the bond in respect of defaults occurring in the payment of wagers made in accordance with—

(a) section 4; or

(b) a club betting permit; or

(c) section 2.2.5 of the Gambling Regulation Act 2003—

while the bond was in force.

(4) If a registered bookmaker, or his or her substitute, has defaulted in the payment of a wager made in accordance with—

(a) section 4; or



the Company is not liable to satisfy the default unless the backer who made the wager makes a written complaint, either to the Company or to the relevant authority.

(5) A complaint must be made—

S. 94A(3) substituted by No. 97/1998 s. 23(2), amended by Nos 19/2002 s. 17(7), 73/2008 s. 17(8).

S. 94A(3)(c) amended by Nos 114/2003 s. 12.1.3 (Sch. 6 item 10.8(a)), 56/2014 s. 63(4).

S. 94A(4) substituted by No. 97/1998 s. 23(2), amended by Nos 19/2002 s. 17(8)(a)–(c), 73/2008 s. 17(9).

S. 94A(4)(c) amended by Nos 114/2003 s. 12.1.3(Sch. 6 item 10.8(a)), 56/2014 s. 63(4).




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(a) if the backer paid the amount to the registered bookmaker, or his or her substitute, at the time the wager was made, within 60 days after the day of the race meeting or sport in respect of which the wager was made; or

(b) if the backer did not pay the amount to the registered bookmaker, or his or her substitute, at the time the wager was made, within 21 days after the day of the race meeting or sport in respect of which the wager was made.

(5A) If the registration of a bookmaker has been revoked, surrendered or suspended, the Commission, or, at the direction of the Commission, any person or body to whom a complaint may be made under subsection (4) may, for the purposes of subsection (5B), do all or any of the following—

(a) publish notice of that revocation, surrender or suspension; or

(b) give a notice to any backer who has made a wager with the registered bookmaker, or his or her substitute, of that revocation, surrender, or suspension.

(5B) Despite subsection (5), a backer who had placed a wager with a registered bookmaker, or his or her substitute, in respect of whom notice has been given under subsection (5A), may make a complaint if—

(a) the complaint is made within 14 days after the publication or giving of the notice, as the case requires; and

S. 94A(5)(a) amended by Nos 19/2002 s. 17(9)(a)(b), 73/2008 s. 17(10).

S. 94A(5)(b) amended by Nos 19/2002 s. 17(9)(a)(b), 73/2008 s. 17(11).

S. 94A(5A) inserted by No. 97/1998 s. 23(2), amended by Nos 19/2002 s. 17(10)(a), 73/2008 s. 17(12).

S. 94A(5A)(b) amended by Nos 19/2002 s. 17(10)(b)(i)(ii), 73/2008 s. 17(13).

S. 94A(5B) inserted by No. 97/1998 s. 23(2), amended by Nos 19/2002 s. 17(11)(a)(b), 73/2008 s. 17(14).



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(b) if the wager, in respect of which the complaint is made—

(i) was made within the 21 days immediately before the bookmaker's registration, was revoked, surrendered or suspended; and

(ii) is a wager in respect of which the backer did not pay the amount to the registered bookmaker, or his or her substitute, at the time of the wager.

(5C) A person or body who receives a complaint must, by the end of the next business day after receiving the complaint, forward the complaint to the Commission.

(5D) If the Commission receives a complaint, forwarded under subsection (5C), about a registered bookmaker, or his or her substitute, the Commission may, whether or not it conducts an investigation into the circumstances of the making of the wager, cause a demand in writing to be made on the Company for the Company to pay to the Commission the amount of the default within 14 days after the date of the demand.

(6) Upon receiving payment from the Company of the amount of any such default the Commission shall cause that amount to be paid to the backer in satisfaction of the default.

(7) Where the total amount of all defaults made by a registered bookmaker, or his or her substitute, on wagers made in accordance with—

(a) section 4; or

S. 94A(5B)(b)(i) amended by Nos 19/2002 s. 17(11)(c), 73/2008 s. 17(15).

S. 94A(5B)(b)(ii) amended by Nos 19/2002 s. 17(11)(d)(i)(ii), 73/2008 s. 17(16).

S. 94A(5C) inserted by No. 97/1998 s. 23(2), amended by No. 73/2008 s. 17(17).

S. 94A(5D) inserted by No. 97/1998 s. 23(2), amended by Nos 19/2002 s. 17(12)(a)(b)(c), 73/2008 s. 17(18).

S. 94A(6) amended by Nos 19/2002 s. 17(13), 73/2008 s. 17(19).

S. 94A(7) substituted by No. 97/1998 s. 23(3), amended by Nos 19/2002 s. 17(14)(a)(b)(c), 73/2008 s. 17(20).



227



exceeds the limit of the liability of the Company in relation to them under the bond, the Commission must determine the proportions in which moneys becoming available for the satisfaction of defaults is distributed among the backers in respect of whose wagers defaults were made.

(8) If default is made by the Company in payment to the Commission of any amount demanded by the Commission under subsection (5) of this section in satisfaction of a default the bond shall be forfeited and the amount thereof may be recovered as a debt due to Her Majesty.

(9) Any moneys recovered from the Company in respect of a bond so forfeited shall first be paid in satisfaction of any defaults outstanding in the payment of wagers at the time of the recovery and the balance shall be paid to the Consolidated Fund.

(10) Where the moneys recovered in respect of a forfeited bond are not sufficient to satisfy all defaults outstanding at the time of the recovery thereof the Commission shall cause the moneys recovered to be distributed rateably among the backers in respect of whose wagers certificates have been received by the Commission under subsection (5) of this section.

(10A) In this section—

S. 94A(7)(c) amended by Nos 114/2003 s. 12.1.3(Sch. 6 item 10.8(a)), 56/2014 s. 63(4).

S. 94A(8) amended by Nos 19/2002 s. 17(15), 73/2008 s. 17(21).

S. 94A(9) amended by Nos 9549 s. 2(1)(Sch. item 188), 19/2002 s. 17(15).

S. 94A(10) amended by No. 73/2008 s. 17(22).




228

(a) a reference to a person betting in accordance with section 2.2.5 of the Gambling Regulation Act 2003 is a reference to a person betting in a betting game conducted in accordance with that section; and

(b) a reference to a wager made in accordance with section 2.2.5 of the Gambling Regulation Act 2003 is a reference to a wager made in a betting game conducted in accordance with that section.


relevant authority means—

(a) in the case of a wager made in accordance with section 4(4)(a), the holder of the licence, permit or authorisation which allowed the race-meeting, at which the wager was made, to be held; or

(b) in the case of a wager made in accordance with section 4(4)(b), Racing Victoria; or

(c) in the case of a wager made in accordance with a club betting permit, the permit holder; or

(d) in the case of a wager made in accordance with section 2.2.5 of the Gambling Regulation Act 2003, the


S. 94A(11) def. of relevant authority amended by Nos 35/2001 s. 6(Sch. 1 item 15), 114/2003 s. 12.1.3 (Sch. 6 item 10.8 (a)(b)), 73/2008 s. 17(23), 56/2014 s. 63(6).



229

person or body to whom approval was issued under that section.

95 Regulations


(a) forms for the purposes of this Part (and all such forms or forms to the like effect shall be sufficient in law);

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


No. 6070 s. 95.

S. 95(2) repealed by No. 6886 s. 3, new s. 95(2) inserted by No. 49/1987 s. 23(a).



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Part IVA—Racing Victoria Centre land

95A Application of Part

This Part has effect despite anything to the contrary in The Victoria Racing Club Act 1871, The Victoria Racing Club Act 1956, the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act, law, lease or other instrument.

95B Definition

In this Part—

Racing Victoria Centre land means Crown Allotment 28F of Section 2, in the Parish of Doutta Galla, County of Bourke, being an area of 2229 hectares.

95C Surrender of Racing Victoria Centre land

(1) The chairman of the committee of the Victoria Racing Club, by instrument, may surrender to the Crown the Racing Victoria Centre land which is vested in the chairman to be held on trust for the Victoria Racing Club under The Victoria Racing Club Act 1871 and described in Crown lease Volume 10757 Folio 757.

(2) On the surrender of the land under subsection (1)—

(a) Crown lease Volume 10757 Folio 757 is revoked; and

(b) the chairman of the committee of the Victoria Racing Club is freed and discharged

Pt 4A (Heading and ss 95A–95F) inserted by No. 92/2005 s. 4.






231

from all further duties and liabilities under any trust in respect of that land; and

(c) the Racing Victoria Centre land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

95D Crown lease

(1) On or after the surrender of the Racing Victoria Centre land under section 95C, the Governor in Council, on behalf of the Crown, may grant a lease of the Racing Victoria Centre land to Racing Victoria for the purposes of the administration of horse racing, including—

(a) the use of that land for purposes connected with and for the benefit of horse racing and other sports in Victoria; and

(b) training, research and analytical testing.

(2) A lease under subsection (1) may be for an initial term not exceeding 64 years.

(3) A lease granted under subsection (1)—

(a) may contain provision for the term of the lease to be extended one or more times, but—

(i) each extension of the term must not exceed 64 years; and

(ii) the aggregate of the initial term and any extensions of the term must not exceed 99 years; and

(b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a




232

period of not more than 3 months from the expiry of the lease; and

(c) is subject to any other covenants, exceptions, reservations and conditions that are determined by the Governor in Council.

95E Power to enter agreements to use, sub-lease or assign interest in Racing Victoria Centre land

(1) Subject to subsection (2), on or after the granting a Crown lease of the Racing Victoria Centre land under section 95D, Racing Victoria may use, sub-let or assign its interest in the Racing Victoria Centre land or any part of that land if, in the opinion of Racing Victoria the use, letting or assignment—

(a) is for a purpose consistent with the purposes specified in section 95D; and

(b) will not prevent or hinder Racing Victoria from carrying out its functions.

(2) Racing Victoria must obtain the written approval of the Minister before exercising a power under subsection (1).

(3) An agreement to use, a sub-lease or an assignment of an interest entered into under this section—

(a) may be for a term determined by Racing Victoria not exceeding 21 years; and

(b) is subject to any other covenants, exceptions, reservations and conditions that are determined by Racing Victoria.

95F Registrar of Titles to make necessary amendments

The Registrar of Titles, on being requested to do so, must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.





233



234

Part IVB—Victorian Racing Integrity Board

95G Establishment of the Victorian Racing Integrity Board

The Victorian Racing Integrity Board is established.

95H Functions and powers of the Integrity Board

(1) The Integrity Board has the following functions—

(a) to oversee relationships between the controlling bodies of Racing Victoria, Greyhound Racing Victoria and Harness Racing Victoria and their integrity staff;

(b) to endorse an annual integrity plan for each controlling body;

(c) to review and provide recommendations related to integrity resourcing and the integrity budgets of each controlling body;

(d) to advise and make recommendations to the controlling bodies relating to—

(i) integrity policy; and

(ii) participant licensing policies; and

(iii) licensing procedures;

(e) to review proposals for new or amended rules of racing as they relate to integrity and make recommendations in relation to the rules as they relate to integrity;

Pt 4B (Heading and ss 95G–95U) inserted by No. 37/2018 s. 34.





235

(f) to receive complaints made by a member or a Director of a board of a controlling body, an integrity manager (however designated) or the Chief Steward or Deputy Chief Steward about integrity issues within a controlling body;

(g) subject to section 95N, to refer complaints made by a person referred to in paragraph (f) to the Racing Integrity Commissioner for investigation or investigate complaints not within the powers of the Racing Integrity Commissioner;

(h) to liaise with the Racing Integrity Commissioner and external agencies regarding integrity matters;

(i) to maintain an effective working relationship with the boards of the controlling bodies;

(j) to consider and provide direction in relation to any form of disciplinary action that a controlling body proposes to take against a senior member of an integrity department in relation to internal integrity matters;

(k) to oversee the development of a memorandum of understanding or a shared services agreement between the controlling bodies;

(l) issue directions to controlling bodies regarding integrity matters.

(2) The Integrity Board has any other functions conferred on it by or under this Act or any other Act.

(3) The Integrity Board has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.

95I Membership of Integrity Board




236

(1) The Integrity Board consists of not less than 7 and no more than 9 members appointed by the Governor in Council on the recommendation of the Minister of whom—

(a) one is to be the Chairperson; and

(b) 3 are to be Deputy Chairpersons.

(2) The Chairperson must be a person who is an Australian lawyer with not less than 7 years experience as an Australian lawyer.

(3) The Deputy Chairpersons must be persons whom the Minister believes have the requisite knowledge of the relevant racing code being—

(a) a Deputy Chairperson with knowledge in greyhound racing; and

(b) a Deputy Chairperson with knowledge in harness racing; and

(c) a Deputy Chairperson with knowledge in thoroughbred racing.

(4) The other members of the Integrity Board must be persons who the Minister believes have the skills, experience and knowledge necessary to assist the Board to carry out its functions.

(5) The following persons are not eligible for appointment as a member of the Integrity Board—

(a) a person who is a current director, board member or employee of a controlling body or a racing club;

(b) a person who has or obtains a financial or proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse;

(c) a person who is registered or licensed by a controlling body under the rules.

95J Terms and conditions of office

S. 95J inserted by No. 37/2018 s. 34.



237

(1) A member of the Integrity Board holds office—

(a) for a term not exceeding 4 years specified in the member's instrument of appointment; and

(b) on the terms and conditions specified in the member's instrument of appointment.

(2) A member of the Integrity Board is entitled to be paid remuneration, allowances and expenses determined by the Governor in Council and specified in the member's instrument of appointment.

(3) A member of the Integrity Board is eligible for reappointment.

95K Vacancies, resignations and removal from office

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

(a) the member's term expires and the member is not reappointed; or

(b) the member becomes a director, board member or employee of a controlling body or a racing club; or

(c) the member has or obtains a financial or proprietary interest in a racing greyhound or a thoroughbred or standardbred racehorse; or

(d) the member is registered or licensed by a controlling body under the rules; or

(e) the member resigns; or

(f) the member is unable to perform the functions and duties of the office for any reason; or

(g) the member is removed from office under subsection (3).

(2) A member may resign by delivering a signed letter of resignation to the Minister.

S. 95K inserted by No. 37/2018 s. 34.



238

(3) Subject to subsection (4), on the recommendation of the Minister, the Governor in Council may remove a member from office.

(4) The Minister must not make a recommendation under subsection (3) unless the Minister is of the opinion that the member should be removed because—

(a) the member's actions or behaviour are, or are likely to be, detrimental to the proper functioning of the Integrity Board; or

(b) the member is otherwise unfit to hold office.

95L Meetings of the Integrity Board

(1) The Chairperson may convene meetings of the Integrity Board.

(2) At the request of the Minister, the Chairperson must convene a meeting of the Integrity Board.

(3) At a meeting of the Integrity Board—

(a) the procedure is as determined by the Integrity Board; and

(b) the quorum is 4 members, one of whom must be the Chairperson or a Deputy Chairperson; and

(c) all questions must be decided by a majority of votes of the members present and voting.

(4) Subject to this Act, the Integrity Board may otherwise regulate its own proceedings.

95M Validity of decisions

An act or a decision of the Integrity Board is not invalid by reason only of—

(a) a defect or irregularity in, or in connection with, the appointment of the Chairperson, a Deputy Chairperson or any other member; or

S. 95L inserted by No. 37/2018 s. 34.

S. 95M inserted by No. 37/2018 s. 34.



239

(b) a vacancy in the office of a member.

95N Integrity Board may receive, review and investigate complaints

(1) The Integrity Board may—

(a) receive a complaint made by a member or a Director of a board of a controlling body, an integrity manager (however designated) or the Chief Steward or Deputy Chief Steward about integrity issues within a controlling body; and

(b) review or refer to the Racing Integrity Commissioner for investigation a complaint received under paragraph (a); and

(c) investigate any complaint not within the power of the Racing Integrity Commissioner to investigate.

(2) On receipt of a complaint, the Integrity Board must consult with the Racing Integrity Commissioner about whether the Board or the Commissioner is the appropriate body to investigate the complaint and for that purpose—

(a) the Integrity Board may disclose any relevant information to the Racing Integrity Commissioner; and

(b) the Racing Integrity Commissioner may disclose any relevant information to the Integrity Board.

(3) The Racing Integrity Commissioner may provide guidance to the Integrity Board in relation to the nature or investigation of a complaint.

95O Controlling body to provide information to Integrity Board

S. 95N inserted by No. 37/2018 s. 34.

S. 95O inserted by No. 37/2018 s. 34.



240

(1) For the purposes of section 95N, the Integrity Board, by written notice, may direct a controlling body to provide to the Board any information relevant to the complaint, or the review or investigation of the complaint by the Board.

(2) A controlling body which receives a direction under subsection (1) must provide the required information to the Integrity Board within the time required by the Board in the direction.

(3) The Integrity Board may provide information obtained under this section to the Racing Integrity Commissioner.

95P Integrity Board may give directions to controlling body in relation to failure to comply with recommendation

(1) If a controlling body fails to comply with a recommendation given to the body by the Integrity Board in relation to any matter, the Integrity Board may issue a written direction to the controlling body requiring compliance with the recommendation.

(2) A controlling body which has received a written direction under subsection (1) must comply with the direction.

95Q Integrity Board may refer complaint to Racing Integrity Commissioner

(1) The Integrity Board may refer any complaint referred to in section 95N to the Racing Integrity Commissioner for investigation.

(2) If the Integrity Board refers a complaint to the Racing Integrity Commissioner under subsection (1), the Board—

(a) must cease its review or investigation of the complaint; and


S. 95Q inserted by No. 37/2018 s. 34.



241

(b) must provide any evidence or information relating to the complaint in the Board's possession to the Racing Integrity Commissioner.

(3) On a referral under subsection (1), the Racing Integrity Commissioner must determine whether the complaint falls within the powers of the Racing Integrity Commissioner to investigate and—

(a) if the complaint is within the Commissioner's power to investigate, must investigate the complaint under Part IA; or

(b) if the complaint is not within the Commissioner's power to investigate, must refer it back to the Integrity Board for investigation by the Board under section 95N.

95R Controlling body to prepare and submit annual integrity plan to Integrity Board for endorsement

(1) Each controlling body must prepare and submit an annual integrity plan to the Integrity Board for endorsement by the Board.

(2) The Integrity Board—

(a) may require the controlling body to provide further information regarding an annual integrity plan submitted to the Board; and

(b) may make recommendations in relation to an annual integrity plan; and

(c) may require the controlling body to make any changes to the annual integrity plan that the Board requires; and

(d) may endorse the annual integrity plan of a controlling body if satisfied that the plan is in the best interests of the industry.

S. 95R inserted by No. 37/2018 s. 34.



242

95S Integrity Board to advise Minister of certain matters

(1) Subject to subsection (2), the Integrity Board may advise the Minister of any failure by a controlling body—

(a) to prepare and submit an annual integrity plan to the Board for endorsement under section 95R; or

(b) to consider, respond to or implement a recommendation made by the Board to that controlling body; or

(c) to comply with a direction of the Board.

(2) Before advising the Minister of a failure referred to in subsection (1), the Integrity Board must—

(a) notify the controlling body of the Board's intention to advise the Minister of the failure of the controlling body; and

(b) advise the controlling body that the controlling body, within 14 days of receiving the notification made under paragraph (a), may respond in writing to the Board in respect of that notification.

(3) The Integrity Board must provide the Minister with any written response made by the controlling body under subsection (2)(b).

95T Integrity Board's annual report

The Integrity Board must provide an annual report on its operations for the reporting year to the Minister by no later than 30 September in the following year.





243

95U Minister to table Integrity Board's annual report before Parliament

The Minister must cause a copy of the Integrity Board's annual report on its operations to be laid before each House of the Parliament within 7 sitting days after the Minister receives the report.

* * * * *

* * * * *

* * * * *

* * * *


Pt 5 (Heading and ss 96–116) repealed.

S. 116G inserted by No. 6619 s. 4(2), amended by No. 8776 s. 3(2)(a), substituted by No. 10014 s. 6(1), repealed by No. 17/1996 s. 40.

S. 116Y repealed.

Pt 5 Divs 3–5 repealed.



244

Part V—General

95V Department may recover costs from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria

(1) The Department may recover any costs in relation to the administration and operation of the Integrity Board and the Victorian Racing Tribunal from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria.

(2) If the Department proposes to recover costs from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria under subsection (1), the Department must notify, in writing, Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria.

(3) The allocation of costs to be recovered by the Department under subsection (1) between Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria may be determined by the Minister from time to time.

(4) The Minister must advise Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria, in writing, of any determination made under subsection (3).

(5) Details of any costs recovered by the Department under subsection (1) must be published in the Department's annual report.

96 Transitional provision on repeal of Part VI

New Pt 5 (Heading and s. 96) inserted by No. 24/2000 s. 15.





245

Despite its repeal, Part VI, as in force immediately before the commencement of section 16 of the National Taxation Reform (Further Consequential Provisions) Act 2000, continues to apply with respect to amounts paid to the Commissioner of State Revenue by way of stamp duty on bookmakers' statements in respect of bets made at race-meetings held before that commencement.

96AA Transitional provision for change in membership of Committee—Racing Acts (Amendment) Act 2002

The Bookmakers and Bookmakers' Clerks Registration Committee is deemed to be the same body despite the change to its membership made by section 8 of the Racing Acts (Amendment) Act 2002.

96A Transitional provision for introduction of Racing Victoria—Racing (Racing Victoria Ltd) Act 2001


amending Act means the Racing (Racing Victoria Ltd) Act 2001;

appointed day means the day on which sections 3 and 6 of the amending Act come into operation;

Club means The Victoria Racing Club.

(2) On and from the appointed day—

(a) an authorisation made by the Club under section 7 and in force immediately before the appointed day, is deemed to continue in force as if it had been made by Racing Victoria;

(b) a date or time for a horse race-meeting, that has been fixed by or under rules of the Club and in force immediately before the appointed day, is to be taken to be the date

S. 96AA inserted by No. 19/2002 s. 18.




246

or time of the horse race-meeting as if it had been fixed by Racing Victoria;

(c) an appeal made under Part IIIB against a decision of the Club, that has been commenced but not completed immediately before the appointed day, is deemed to be an appeal against a decision of Racing Victoria;

(d) a right of appeal under Part IIIB against a decision of the Club, that is in existence but has not been exercised immediately before the appointed day, is deemed to be a right of appeal against a decision of Racing Victoria;

(e) an appeal made under Part IIIC against a decision of the Club, that has been commenced but not completed immediately before the appointed day, is deemed to be an appeal against a decision of Racing Victoria;

(f) a right of appeal under Part IIIC against a decision of the Club, that is in existence but has not been exercised immediately before the appointed day, is deemed to be a right of appeal against a decision of Racing Victoria;

(g) a club bookmaker's licence within the meaning given by section 84 issued by the Club in accordance with Part IV, that is in force immediately before the appointed day, is deemed to continue in force as if it had been issued by Racing Victoria;

(h) rules made by the Committee of the Club under section 91A and under section 91B and in force immediately before the appointed day, are deemed to be rules made by Racing Victoria.




247

(a) a picnic race-meeting permit issued by the Minister under section 18, that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 18 made by the amending Act;

(b) a point-to-point steeplechase permit issued by the Minister under section 20, that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 20 made by the amending Act;

(c) a racing club licence issued by the Minister under section 24A, that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 24A made by the amending Act;

(d) the appointment of the member of the Bookmakers and Bookmakers' Clerks Registration Committee under section 85(2)(b), that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 85(2)(b) made by the amending Act.


(a) all rights, property and assets of the Club in relation to the fund established under section 91C by the Club, that immediately before the appointed day were vested in the Club, vest in Racing Victoria;

(b) all debts, liabilities and obligations of the Club, in relation to the fund established under section 91C by the Club, existing immediately before the appointed day,



248

become debts, liabilities and obligations of Racing Victoria;

(c) any guidelines issued by the Club under section 91C(5), for the purposes of the fund established under section 91C by the Club, and in force immediately before the appointed day, are deemed to be guidelines issued by Racing Victoria.

96B Operation of Racing (Racing Victoria Ltd) Act 2001

This Act, as amended by any provision of the Racing (Racing Victoria Ltd) Act 2001, has effect despite any provision of the Corporations (Victoria) Act 1990 or of the applicable provisions (as defined in that Act) of the State.

96C Transitional provision for change of expiry date of certificates of registration—Racing Acts (Amendment) Act 2002

(1) Any certificate of registration as a bookmaker issued under Part IV and in force at the commencement of section 9(3) of the Racing Acts (Amendment) Act 2002 is deemed to cease to have effect on 30 September 2004 unless the certificate is sooner revoked by the Committee or sooner surrendered to the Committee.

(2) Any certificate of registration as a bookmaker's clerk issued under Part IV and in force at the commencement of section 12(3) of the Racing Acts (Amendment) Act 2002 is deemed to cease to have effect on 30 September 2004 unless the certificate is sooner revoked by the Committee.

96D Transitional provision for Racing Appeals Tribunal proceedings—Racing Legislation Amendment (Racing Integrity Assurance) Act 2009







249

commencement day means the day on which section 9 of the Racing Legislation Amendment (Racing Integrity Assurance) Act 2009 comes into operation.

(2) If a hearing of an appeal by the Racing Appeals Tribunal under Part IIIB has begun and is not completed before the commencement day, on and after that day, Part IIIB is to continue to apply with respect to that appeal as if Part IIIB had not been repealed by section 9 of the Racing Legislation Amendment (Racing Integrity Assurance) Act 2009.

(3) If an appeal has been made to the Racing Appeals Tribunal under Part IIIB before the commencement day, and the hearing of that appeal has not commenced before that day, on and after that day, the appeal is taken to be an application for review by VCAT under Part IIIBA.



250

Part VI—Transitional provisions

97 Definition

In this Part—

amending Act means the Racing and Betting Acts (Amendment) Act 2001.

98 Transitional provision for changes to Harness Racing Victoria—Racing and Betting Acts (Amendment) Act 2001

Despite amendments made to section 39 by sections 10 and 11 of the amending Act—

(a) the Board in the name of Harness Racing Victoria is deemed to be the same body after the commencement of those sections as it was before that commencement; and

(b) any person holding office as a member of the Board immediately before the commencement of those amendments, continues to hold office as a member of the Board on and from that commencement on the same terms and conditions as those under which that person held that office immediately before that commencement.

99 Transitional provision for change to Greyhound Racing Victoria—Racing and Betting Acts (Amendment) Act 2001

Despite amendments made to section 69 by section 14 of the amending Act, the Board in the name of Greyhound Racing Victoria is deemed to

New Pt 6 (Heading and ss 97–100) inserted by No. 16/2001 s. 27.






251

be the same body after the commencement of that section as it was before that commencement.

100 Transitional provision for change in registration of greyhounds—Racing and Betting Acts (Amendment) Act 2001

(1) Despite the commencement of section 16 of the amending Act, the registration of a greyhound, as in force immediately before that commencement, is deemed to continue in force, as if it had been issued under this Act, as in force on and from the commencement of section 16 of the amending Act.

(2) Despite the commencement of section 16 of the amending Act, any other registration, permission or other authority required under any rules for the registration of greyhounds as in force immediately before the commencement of that section, is deemed to continue in force, as if it had been issued under this Act, as in force on and from the commencement of section 16 of the amending Act.

100A Saving provision—Racing Amendment (Modernisation) Act 2018

The repeal of Schedule 1 by section 8 of the Racing Amendment (Modernisation) Act 2018 does not affect the certification of Racing Victoria made by the Minister under section 3A and published in the Government Gazette on 19 December 2001 and, on the commencement of section 7 of that Act, Racing Victoria is taken to continue to be certified under that certification.





252

* * * * *

* * * * *

* * * * *

* * * * *

* * * * *

* * * * *

* * * * *

Pt 6 (Heading) amended by No. 97/1998 s. 24(1), repealed by No. 24/2000 s. 16.

Pt 6 Divs 1, 2 repealed.

S. 118 repealed.

S. 119 repealed.


Pt 6 Div. 3 (Heading and ss 126, 127) repealed.

Pt 6 Div. 4 (Heading and ss 128, 129) repealed.



253

Part VII—Transitional provisions—Victorian Commission for Gambling and

Liquor Regulation Act 2011

101 Definitions

In this Part—

commencement day means the day on which section 103 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 comes into operation;

former Commission means the Victorian Commission for Gambling Regulation established by section 10.1.1 of the Gambling Regulation Act 2003, as in force immediately before the commencement day;

new Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011.

102 Things commenced by the former Commission before abolition of former Commission

(1) This section applies if immediately before the commencement day—

(a) the former Commission has commenced to do something required or permitted to be done under the Act; and

(b) the former Commission has not completed doing that thing before that day.

Part 7 (Heading and new ss 101, 102) inserted by No. 58/2011 s. 103.





254

(2) On and after the commencement day, the new Commission may continue to do and complete that thing in accordance with the Act, as if the Act had not been amended by the Victorian Commission for Gambling and Liquor Regulation Act 2011.

(3) For the purposes of this section, anything done by the former Commission before the commencement day in respect of that thing is, on and after that day, taken to have been done by the new Commission.



255

Part VIII—Transitional provisions—Racing Amendment Act 2015

103 Saving of reconstituted Harness Racing Victoria Board

On and from the commencement of section 6 of the Racing Amendment Act 2015, despite the changes made to the membership of the Board of Harness Racing Victoria by that section—

(a) the Board is taken to be the same body as it was immediately before that commencement; and

(b) no decision, matter or thing is to be affected because of those changes; and

(c) a member of the Board who held office as a member immediately before that commencement continues in office after that commencement on the same terms and conditions on which the member held office immediately before that commencement.

Pt 8 (Heading and s. 103) inserted by No. 50/2015 s. 11.

S. 103 inserted by No. 50/2015 s. 11.



256

Part IX—Transitional provisions—Racing and Other Acts Amendment

(Greyhound Racing and Welfare Reform) Act 2016

104 Definition

In this Part—

amending Act means the Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016.

105 Saving of reconstituted Greyhound Racing Victoria

(1) On and after the commencement of section 5 of the amending Act—

(a) the Board is taken to be the same body as it was immediately before that commencement; and

(b) no decision, matter or thing is to be affected because of the amendments made by section 5 of the amending Act; and

(c) a member of the Board who held office as a member immediately before that commencement continues in office, subject to this Act, after that commencement on the same terms and conditions on which the member held office immediately before that commencement.

(2) Subsection (1) has effect despite anything to the contrary in section 69 as amended by section 5 of the amending Act.


Board has the same meaning as in Part III.

Pt 9 (Heading and ss 104–106) inserted by No. 17/2016 s. 12.

S. 104 inserted by No. 17/2016 s. 12.

S. 105 inserted by No. 17/2016 s. 12.



257

106 Saving of reconstituted GRV Racing Appeals and Disciplinary Board

(1) On and after the commencement of section 11 of the amending Act—

(a) the GRV Racing Appeals and Disciplinary Board is taken to be the same body as it was immediately before that commencement; and

(b) no decision, matter or thing is to be affected because of the amendments made by section 11 of the amending Act; and

(c) a member of the GRV Racing Appeals and Disciplinary Board who held office as a member immediately before that commencement continues in office, subject to this Act, after that commencement on the same terms and conditions on which the member held office immediately before that commencement.

(2) Subsection (1) has effect despite anything to the contrary in section 83D as amended by section 11 of the amending Act.


GRV Racing Appeals and Disciplinary Board has the same meaning as in Part IIIA.

S. 106 inserted by No. 17/2016 s. 12.



258

Part X—Transitional provisions—Racing Amendment (Integrity and Disciplinary

Structures) Act 2018107 Definitions

commencement day means the day on which Part 3 of the 2018 Act comes into operation;

2018 Act means the Racing Amendment (Integrity and Disciplinary Structures) Act 2018.

108 Transition of Racing Appeals and Disciplinary Boards to the Victorian Racing Tribunal


(a) a person is charged with a serious offence under the rules and the serious offence—

(i) has been part heard by the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board and has not been determined by the relevant Board; or

(ii) has not been heard or determined by the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board; or

(b) a person has lodged an appeal against a Steward's decision with the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary

Pt 10 (Heading and ss 107–110) inserted by No. 37/2018 s. 25.

S. 107 inserted by No. 37/2018 s. 25.

S. 108 inserted by No. 37/2018 s. 25.



259

Board and the appeal has not been heard or determined by the relevant Board; or

(c) any other proceeding has commenced with the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board and the proceeding has not been determined by the relevant Board.

(2) Despite the repeal of section 5G by the 2018 Act, the substitution of Part IIA by the 2018 Act and the repeal of Part IIIA by the 2018 Act, section 5G, Part IIA and Part IIIA as in force immediately before the commencement day continue to apply until the hearing, the appeal or the proceeding is completed by the relevant Board.

(3) For the purposes of this section, a member of the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board who held office as a member immediately before the commencement day continues in office as a member of the relevant Board on and after the commencement day until the hearing of the charge for the serious offence, the appeal or the proceeding is completed by the relevant Board.

109 Review of decisions of Racing Appeals and Disciplinary Boards


(a) a person whose interests are affected by a decision of a Racing Appeals and Disciplinary Board under section 83OH(1) proposes to apply to VCAT for a review of that decision; or

S. 109 inserted by No. 37/2018 s. 25.



260

(b) a Steward proposes to apply to VCAT for a review of a decision made by a Racing Appeals and Disciplinary Board under section 83OH(2).

(2) Despite the substitution of section 83OH by the 2018 Act, the person or the Steward may apply to VCAT for review on and after the commencement day if the time limit for applying for a review under section 83OI as in force immediately before the commencement day has not expired.

(3) Despite the substitution of section 83OH by the 2018 Act, VCAT may conduct the review under the Victorian Civil and Administrative Tribunal Act 1998 on and after the commencement day as if—

(a) section 83OH had not been substituted by the 2018 Act; and

(b) Part 16D of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 had not been enacted.

110 Review of decisions by VCAT


(a) a person or a Steward has applied to VCAT for a review of a decision made by a Racing Appeals and Disciplinary Board under section 83OH; and

(b) the review has not been finalised by VCAT.

(2) Despite the substitution of section 83OH by the 2018 Act, VCAT may continue to conduct the review under the Victorian Civil and Administrative Tribunal Act 1998 on and after the commencement day as if—

S. 110 inserted by No. 37/2018 s. 25.



261

(a) section 83OH had not been substituted by the 2018 Act; and

(b) Part 16D of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 had not been enacted.



262

Schedules* * * * *

* * * * *

Schs 1–4 repealed.

New Sch. 1 inserted by No. 35/2001 s. 6(Sch. 2), repealed by No. 10/2018 s. 8.



263

Schedule 2––Specified race-coursesItem 1—Beckley Park

Situation of land

Instrument and date of reservation

Description of land by reference to Government Gazette

Purpose of reservation

Parish of Moranghurk County of Grant being Crown Allotment 79E

Order in Council dated 7 February 1984

Government Gazette dated 8 February 1984, page 400, less authorised excisions

Racecourse and Recreation, temporary

Item 2—Caulfield Racecourse

Situation of landCrown Grant or Certificate of Title details

Parish of Prahran at Caulfield, County of Bourke, being Crown Allotment A, subject to two reservations

Volume 7275 Folio 814

Item 3—Cranbourne Racecourse

Situation of land




Township of Cranbourne, Parish of Cranbourne, County of Mornington, being Crown Allotment 21H

Order in Council dated 20 August 1888

Government Gazettes dated 13 July 1888, page 2304 and 24 August 1888, page 2658

Site for Racecourse and other purposes of Public Recreation, permanent

New Sch. 2 inserted by No. 55/2005 s. 5.



264

Situation of land




Parish of Cranbourne, County of Mornington being Crown Allotment 17G, formerly Lot 1 on Plan of Subdivision No. 210254M


Government Gazette dated 12 August 1999, page 1885

Racecourse and Public Recreation, temporary

Item 4—Flemington Racecourse

Situation of land Certificate of Title details

Parish of Doutta Galla, County of Bourke, being Crown Allotment 28E Section 2, shown as Lot 1 on Title Plan 843408B

Crown Lease: Volume 1205 Folio 019

Parish of Doutta Galla, County of Bourke, being Crown Allotment 28F section 2

Crown Lease: Volume 10757 Folio 757

Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 633379A, (formerly known as part of Crown Allotment 29)


Item 5—Geelong Racecourse

Situation of land




City of Geelong, Parish of Corio, County of Grant, being Crown Allotment 14

Order in Council dated 30 July 1963


Site for Public Racecourse and Recreation, temporary



265

Situation of land




of Section 6A

City of Geelong, Parish of Corio, County of Grant, being Crown Allotment 13 of Section 6A

Order in Council dated 30 July 1963


Site for Public purposes (Car Park), temporary

Item 6—Kilmore Racing Complex

Situation of Land



Crown Grant or Certificate of Title details


Parish of Glenburnie, County of Dalhousie, being Crown Allotment 13M1


Government Gazettes dated 8 July 1887, page 2011 and 12 August 1887, page 2408


Site for a Racecourse and other purposes of Public Recreation, permanent



Government Gazette dated 22 August 1973, pages 3015 and 3016

Site for Public Park and Gardens, temporary

Parish of Glenburnie, County of Dalhousie being Crown



Site for Racecourse and other purposes of Public Recreation,



266

Situation of Land



Crown Grant or Certificate of Title details


Allotment 13M3

temporary



Government Gazette dated 22 August 1973, pages 3015 and 3016

Site for Public Park and Gardens, temporary

Item 7—Moonee Valley Racecourse


Parish of Doutta Galla, County of Bourke, being Lots 1 to 45 inclusive on Title Plan 856995J, formerly known as part of Crown Allotment 4 Section 5, being Lots 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 158, 159, 160, 161, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202 and parts of lots 80, 100, 162, 163, 164, 165, 166, 167 and parts of roads and reserve on Plan of Subdivision 2241


Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 107267A, formerly known as part of Crown Allotment 5 Section 5


Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 107266C, formerly known as part of Crown Allotment 4 Section 5


Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 107269V, formerly known as part of Crown Allotment 4 Section 5


Parish of Doutta Galla, County of Bourke, being Lots 1 and 2 on Title Plan 107268X,




267


formerly known as part of Crown Allotment 5 and 6 Section 5

Item 8—Mornington Racecourse

Situation of Land




Parish of Moorooduc, County of Mornington, being Crown Allotment B1

Order in Council dated 14 May 1974

Government Gazette dated 22 May 1974, pages 1740 and 1741, less authorised excision

Site for Racecourse and Recreation, temporary

Item 9—Pakenham Racecourse


Parish of Nar-nar-goon, County of Mornington, being Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 on Title Plan 121556M, formerly known as Lots 31, 32, 33, 35, 36, 37, 38, 39, 40 and 41 on Plan of Subdivision 1337


Parish of Nar-nar-goon, County of Mornington, being Lot 1 Title Plan 649221B, formerly known as part of Crown Portion 42


Parish of Nar-nar-goon, County of Mornington, being Lot 3 on Plan of Subdivision 210772N


Parish of Nar-nar-goon, County of Mornington, being Crown Allotment 42A, freehold


Parish of Nar-nar-goon, County of Mornington, being land in Plan of Consolidation 100914




268

Item 10—Sandown Park


Parish of Dandenong, County of Bourke, being Lot 1 on Title Plan 817734K, being the Land remaining untransferred in Volume 8795 Folio 787


Item 11—Sandown Racecourse


Parish of Dandenong, County of Bourke, being Lot 1 on Title Plan 710223H, formerly known as part of Lot 2 on Plan of Subdivision 48537


Item 12—The Meadows Racecourse


Parish of Will-will-rook, County of Bourke, being Lot 4 on Plan of Subdivision 348064G


Item 13—Werribee Racecourse

Situation of land




Township of Werribee, (formerly known as Township Reserve of Wyndham), Parish of Mambourin,

Order in Council dated 22 April 1861

Government Gazette dated 3 May 1861, pages 875 and 876

Racecourse and purposes of General Recreation, temporary



269

County of Grant, being Crown Allotment 25D Section 17

Item 14—Yarra Valley Racecourse

Situation of land




Parish of Tarrawarra, County of Evelyn, being Crown Allotment 23B Section B

Parish of Tarrawarra, County of Evelyn, being Crown Allotment 23C Section B (shown in gazettal as Allotment 23A Section B Parish of Tarrawarra)

Order in Council dated 5 September 1974

Government Gazette dated 11 September 1974 pages 3371 and 3372

Site for Public purposes (Racecourse and Recreation), temporary

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270

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Racing Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed



271

http://www.legislation.vic.gov.au/

before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).



272

2 Table of AmendmentsThis publication incorporates amendments made to the Racing Act 1958 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Racing (Amendment) Act 1958, No. 6462/1958 (as amended by No. 6489)Assent Date: 9.12.58Commencement Date: 9.12.58Current State: All of Act in operation

Racing (Meetings) Act 1959, No. 6574/1959Assent Date: 1.12.59Commencement Date: 1.12.59Current State: All of Act in operation

Anzac Day Act 1960, No. 6607/1960 (as amended by No. 9549)Assent Date: 7.4.60Commencement Date: 7.4.60Current State: All of Act in operation

Racing (Totalizators Extension) Act 1960, No. 6619/1960Assent Date: 1.6.60Commencement Date: S. 3(1)(b)(2) on 1.6.60: s. 1(3); rest of Act on

20.7.60: Government Gazette 20.7.60 p. 2508Current State: All of Act in operation

Racing (Dog Races) Act 1960, No. 6638/1960Assent Date: 7.6.60Commencement Date: 1.8.60: Government Gazette 29.6.60 p. 2149Current State: All of Act in operation

Racing (Trotting Races) Act 1960, No. 6678/1960Assent Date: 29.11.60Commencement Date: 29.11.60Current State: All of Act in operation

Racing (Bookmakers' Course Agents) Act 1961, No. 6790/1961Assent Date: 31.10.61Commencement Date: 5.3.62: Government Gazette 25.2.62 p. 570Current State: All of Act in operation

Racing (Off-Course Doubles Totalizators) Act 1961, No. 6836/1961Assent Date: 12.12.61Commencement Date: Ss 4, 10 on 20.12.61; s. 5 on 26.12.61: Government

Gazette 20.12.61 p. 4336; rest of Act on 18.4.62: Government Gazette 18.4.62 p. 1400

Current State: All of Act in operation

Racing (Anzac Day) Act 1962, No. 6851/1962Assent Date: 3.4.62Commencement Date: 3.4.62Current State: All of Act in operation



273

Statute Law Revision Act 1962, No. 6867/1962Assent Date: 16.4.62Commencement Date: 16.4.62: subject to ss 3, 4Current State: All of Act in operation

Subordinate Legislation Act 1962, No. 6886/1962Assent Date: 8.5.62Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314Current State: All of Act in operation

Racing (Dog Racing Control Board) Act 1962, No. 6954/1962Assent Date: 11.12.62Commencement Date: 11.12.62Current State: All of Act in operation

Racing (Amendment) Act 1962, No. 6962/1962Assent Date: 18.12.62Commencement Date: 18.12.62Current State: All of Act in operation

Racing (Totalizator Percentages) Act 1963, No. 6981/1963Assent Date: 30.4.63Commencement Date: 1.4.63: s. 1(3)Current State: All of Act in operation

Racing (Trotting Control) Act 1963, No. 7000/1963Assent Date: 21.5.63Commencement Date: 1.8.63: Government Gazette 19.6.63 p. 1847Current State: All of Act in operation

Victorian Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963, No. 7015/1963

Assent Date: 28.5.63Commencement Date: S. 12 on 1.8.63: s. 12(2); rest of Act on 28.5.63Current State: All of Act in operation

Racing (Totalizators) Act 1963, No. 7082/1963Assent Date: 10.12.63Commencement Date: Ss 1–3, 5–7, 9–14 on 18.12.63: Government

Gazette 18.12.63 p. 3657; ss 4, 8 on 15.1.64: Government Gazette 15.1.64 p. 82; s. 15 on 25.3.64: Government Gazette 25.3.64 p. 641


Racing (Interstate Totalizators) Act 1964, No. 7138/1964Assent Date: 5.5.64Commencement Date: 5.5.64Current State: All of Act in operation




274

Racing (Totalizator Percentages) Act 1965, No. 7301/1965Assent Date: 26.10.65Commencement Date: 26.10.65Current State: All of Act in operation

Racing (Dog Racing) Act 1965, No. 7351/1965Assent Date: 14.12.65Commencement Date: 1.3.66: Government Gazette 16.2.66 p. 599Current State: All of Act in operation


Racing (Totalizator Percentages) Act 1966, No. 7442/1966Assent Date: 25.10.66Commencement Date: 25.10.66Current State: All of Act in operation

Racing Act 1967, No. 7621/1967Assent Date: 12.12.67Commencement Date: S. 4(1) on 1.3.66: s. 4(2); rest of Act on 12.12.67Current State: All of Act in operation

Racing (Amendment) Act 1968, No. 7684/1968Assent Date: 7.5.68Commencement Date: 1.7.68: Government Gazette 29.5.68 p. 1968Current State: All of Act in operation

Racing (Trotting Meetings) Act 1968, No. 7691/1968Assent Date: 7.5.68Commencement Date: 7.5.68Current State: All of Act in operation

Racing (Amendment) Act 1969, No. 7828/1969Assent Date: 13.5.69Commencement Date: Ss 1–8, 10, 11 on 21.5.69: Government Gazette

21.5.69 p. 1505; s. 9 on 1.8.69: Government Gazette 16.7.69 p. 2213


Racing (Trotting Racing) Act 1969, No. 7899/1969Assent Date: 9.12.69Commencement Date: 1.1.70: Government Gazette 19.12.69 p. 4136Current State: All of Act in operation

Racing (Amendment) Act 1970, No. 8080/1970Assent Date: 22.12.70Commencement Date: All of Act (except ss 5, 13(g)) on 27.1.71:

Government Gazette 27.1.71 p. 200; s. 5 on 19.4.71; s. 13(g) on 2.8.71: Government Gazette 16.4.71 pp. 887, 889




275

Statute Law Revision Act 1971, No. 8181/1971Assent Date: 23.11.71Commencement Date: 23.11.71: subject to s. 2(2)Current State: All of Act in operation

Racing (Amendment) Act 1971, No. 8209/1971Assent Date: 14.12.71Commencement Date: Ss 1–4, 6, 7, 9, 12, 13, 16, 17, 18, 21 on 15.12.71:

Government Gazette 15.12.71 p. 3845; rest of Act on 1.1.72: Government Gazette 22.12.71 p. 3907


Racing (Totalizator Commissions) Act 1972, No. 8269/1972Assent Date: 9.5.72Commencement Date: 5.6.72: Government Gazette 24.5.72 p. 1677Current State: All of Act in operation

Sport and Recreation Act 1972, No. 8344/1972Assent Date: 12.12.72Commencement Date: 19.12.72: Government Gazette 13.12.72 p. 3978Current State: All of Act in operation


Racing (Further Amendment) Act 1973, No. 8503/1973Assent Date: 11.12.73Commencement Date: 11.12.73Current State: All of Act in operation


Racing (Further Amendment) Act 1974, No. 8603/1974Assent Date: 26.11.74Commencement Date: 4.12.74: Government Gazette 4.12.74 p. 4154Current State: All of Act in operation

Racing Act 1975, No. 8690/1975Assent Date: 2.5.75Commencement Date: 1.8.75: Government Gazette 30.7.75 p. 2708Current State: All of Act in operation

Racing (Totalizator Commissions) Act 1975, No. 8739/1975Assent Date: 29.10.75Commencement Date: 1.11.75: Government Gazette 30.10.75 p. 3715Current State: All of Act in operation

Racing (Mid-week Racing) Act 1975, No. 8776/1975Assent Date: 25.11.75Commencement Date: 25.11.75Current State: All of Act in operation



276


Racing (Tabella Totalizators) Act 1977, No. 8975/1977Assent Date: 27.4.77Commencement Date: 28.4.77: Government Gazette 27.4.77 p. 1062Current State: All of Act in operation


Racing (Fees) Act 1977, No. 9038/1977Assent Date: 22.11.77Commencement Date: 22.11.77Current State: All of Act in operation

Racing (Mixed Sports Gatherings) Act 1977, No. 9050/1977Assent Date: 22.11.77Commencement Date: 22.11.77Current State: All of Act in operation

Age of Majority Act 1978, No. 9075/1978Assent Date: 6.12.77Commencement Date: 1.2.78: Government Gazette 11.1.78 p. 97Current State: All of Act in operation


Racing (Amendment) Act 1978, No. 9201/1978 (as amended by No. 9427) Assent Date: 5.12.78Commencement Date: All of Act (except ss 3, 16–18) on 1.8.78: s. 23;

ss 3, 16–18 on 5.12.78: s. 1(3)Current State: All of Act in operation

Crown Land (Reserves) Act 1978, No. 9212/1978Assent Date: 19.12.78Commencement Date: 1.3.79: Government Gazette 21.2.79 p. 441Current State: All of Act in operation

Racing (Restricted Trotting Meetings) Act 1979, No. 9269/1979Assent Date: 10.7.79Commencement Date: 10.7.79Current State: All of Act in operation

Racing (Financial Provisions) Act 1979, No. 9319/1979Assent Date: 18.12.79Commencement Date: 18.12.79Current State: All of Act in operation



277

Racing (Amendment) Act 1980, No. 9388/1980 (as amended by No. 9549)Assent Date: 13.5.80Commencement Date: 5.6.80: Government Gazette 5.6.80 p. 1833—see

Acts Interpretation Act 1958Current State: All of Act in operation

Statute Law Revision Act 1980, No. 9427/1980Assent Date: 27.5.80Commencement Date: 27.5.80 but see s. 6(2)Current State: All of Act in operation

Racing (Further Amendment) Act 1980, No. 9473/1980 (as amended by No. 9549)Assent Date: 23.12.80Commencement Date: 25.3.81: Government Gazette 25.3.81 p. 935Current State: All of Act in operation


Racing (Amendment) Act 1981, No. 9671/1981 (as amended by No. 9902)Assent Date: 22.12.81Commencement Date: Ss 2, 4, 6, 18, 20, 22(e) on 6.1.82: Government

Gazette 6.1.82 p. 5; s. 24(c) on 27.1.82: Government Gazette 27.1.82 p. 264; ss 1, 8–11, 15–17 on 17.2.82: Government Gazette 17.2.82 p. 511; ss 22, 23, 24(a)(b)(d), 25–33 on 3.3.82: Government Gazette 3.3.82 p. 604; ss 3, 5, 7, 12–14, 19, 21 on 2.8.82: Government Gazette 31.3.82 p. 885


Racing (Payment of Dividends) Act 1982, No. 9738/1982Assent Date: 29.6.82Commencement Date: 29.6.82Current State: All of Act in operation

Public Account (Trust Funds) Act 1982, No. 9861/1982Assent Date: 5.1.83Commencement Date: 12.1.83: Government Gazette 12.1.83 p. 81Current State: All of Act in operation


Racing (Amendment) Act 1983, No. 9924/1983 (as amended by Nos 10087, 10133)Assent Date: 23.6.83Commencement Date: Ss 1, 4–10, 11(1), 12–15 on 5.7.83: Government

Gazette 5.7.83 p. 1999; ss 2, 3 on 3.1.84: Government Gazette 26.10.83 p. 3468; ss 11(2), 16 on 18.9.84: Government Gazette 18.9.84 p. 3217




278

Racing (Further Amendment) Act 1983, No. 10014/1983Assent Date: 13.12.83Commencement Date: Ss 1–6 on 14.3.84: Government Gazette 14.3.84

p. 844; s. 7 on 1.6.84: Government Gazette 30.5.84 p. 1673




Racing (Fixed Percentage Distribution) Act 1985, No. 10193/1985Assent Date: 1.10.85Commencement Date: 1.5.86: Government Gazette 16.4.86 p. 898Current State: All of Act in operation

Lotteries Gaming and Betting (Amendment) Act 1986, No. 19/1986Assent Date: 22.4.86Commencement Date: S. 16 on 14.5.86: Government Gazette 14.5.86

p. 1373Current State: This information relates only to the provision/s

amending the Racing Act 1958

Racing (Amendment) Act 1986, No. 28/1986Assent Date: 20.5.86Commencement Date: Ss 1–7, 9, 10 on 18.6.86; ss 8, 11–13 on 1.8.86:

Government Gazette 18.6.86 p. 2067Current State: All of Act in operation

Racing (Sunday Racing and Betting) Act 1986, No. 66/1986Assent Date: 23.9.86Commencement Date: 23.9.86Current State: All of Act in operation

Racing (Miscellaneous Amendments) Act 1986, No. 125/1986 (as amended by Nos 49/1987, 41/1989)

Assent Date: 23.12.86Commencement Date: Ss 1–5, 9–12, 14 on 31.1.87: Government Gazette

21.1.87 p. 126; ss 6, 13(a)–(u), (w)–(z) on 17.5.87: Government Gazette 13.5.87 p. 1087; ss 7, 8 on 1.8.87: Government Gazette 15.7.87 p. 1860; s. 13(v) on 4.11.87: Government Gazette 4.11.87 p. 2944





279


Racing (Miscellaneous Amendments) Act 1987, No. 92/1987Assent Date: 1.12.87Commencement Date: 16.12.87: Government Gazette 16.12.87 p. 3459Current State: All of Act in operation

Liquor Control Act 1987, No. 97/1987Assent Date: 1.12.87Commencement Date: Ss 8, 10–14, 35–38 on 26.4.88: Government

Gazette 30.3.88 p. 753; rest of Act (except ss 176(3), 177) on 3.5.88: Government Gazette 27.4.88 p. 1044; s. 176(3) repealed by No. 122/1993 s. 26(m); s. 177 repealed by No. 70/1988 s. 6(f)


Racing (Amendment) Act 1988, No. 27/1988Assent Date: 17.5.88Commencement Date: S. 8 on 23.9.87: s. 2(2); rest of Act on 17.5.88:

s. 2(1)Current State: All of Act in operation

Health Services Act 1988, No. 49/1988Assent Date: 24.5.88Commencement Date: S. 182 on 14.5.89: Government Gazette 3.5.89



Stamps (Further Amendment) Act 1988, No. 65/1988Assent Date: 9.12.88Commencement Date: S. 21(3)–(5) on 1.7.87: s. 2(1); s. 24(2) on 1.11.87:

s. 2(2); ss 11(1), 21(2), 24(1) on 12.11.87: s. 2(3); ss 9, 20, 22 on 1.12.88: s. 2(4); ss 11(5), 12, 19 on 1.1.89: s. 2(5); rest of Act on 9.12.88: s. 2(6)



Borrowing and Investment Powers (Amendment) Act 1988, No. 78/1988Assent Date: 20.12.88Commencement Date: S. 10(1) on 18.11.87: s. 2(2); rest of Act on 27.4.89:

Special Gazette (No. 21) 27.4.89 p. 1Current State: All of Act in operation



280

Local Government (Consequential Provisions) Act 1989, No. 12/1989Assent Date: 9.5.89Commencement Date: S. 4(1)(Sch. 2 items 103.1–103.4) on 1.11.89:

Government Gazette 1.11.89 p. 2798Current State: This information relates only to the provision/s


Racing (Amendment) Act 1989, No. 41/1989Assent Date: 6.6.89Commencement Date: S. 9 on 17.5.87: s. 2(2); rest of Act on 1.7.89:

Government Gazette 28.6.89 p. 1558Current State: All of Act in operation

Racing (TAB Surplus) Act 1989, No. 71/1989Assent Date: 28.11.89Commencement Date: 9.8.89: s. 2Current State: All of Act in operation

Racing (Sunday Mixed Sports Gatherings) Act 1991, No. 12/1991Assent Date: 23.4.91Commencement Date: 23.4.91Current State: All of Act in operation

Racing (Miscellaneous Amendments) Act 1991, No. 32/1991Assent Date: 12.6.91Commencement Date: 13.6.91: Government Gazette 12.6.91 p. 1530Current State: All of Act in operation

Gaming Machine Control Act 1991, No. 53/1991Assent Date: 15.10.91Commencement Date: S. 162 on 19.11.91: Special Gazette (No. 56)

19.11.91 p. 1Current State: This information relates only to the provision/s


Racing (Betting Competitions and Mixed Sports) Act 1991, No. 66/1991Assent Date: 19.11.91Commencement Date: 27.11.91: Government Gazette 27.11.91 p. 3276Current State: All of Act in operation

Racing (Further Miscellaneous Amendments) Act 1992, No. 17/1992Assent Date: 16.6.92Commencement Date: 17.6.92: Government Gazette 17.6.92 p. 1482Current State: All of Act in operation

Racing (Amendment) Act 1993, No. 49/1993 (as amended by Nos 77/1993, 117/1993)

Assent Date: 1.6.93Commencement Date: Ss 1, 2 on 1.6.93: s. 2(1); s. 12 on 1.7.98: s. 2(2);

ss 3, 4, 7–9, 11, 13, 14 on 1.6.93: Special Gazette (No. 34) 1.6.93 p. 1; s. 6 on 12.7.93: Government Gazette 8.7.93 p. 1807; s. 10 on 1.8.93: Government Gazette 15.7.93 p. 1869; ss 5, 12 were never proclaimed, repealed by No. 117/1993 s. 32




281

Club Keno Act 1993, No. 56/1993Assent Date: 8.6.93Commencement Date: 8.6.93: s. 2Current State: All of Act in operation

Racing (Further Amendment) Act 1993, No. 77/1993Assent Date: 29.10.93Commencement Date: Ss 1, 2, 11 on 29.10.93: s. 2(1); s. 12 on 1.6.93:

s. 2(2); ss 3, 4, 7–10 on 2.12.93: Government Gazette 2.12.93 p. 3201; rest of Act on 1.2.94: Government Gazette 13.1.94 p. 88


Gaming Machine Control (General Amendment) Act 1993, No. 117/1993Assent Date: 7.12.93Commencement Date: All of Act (except ss 8, 31) on 7.12.93: s. 2(1); s. 31

on 1.7.98: s. 2(3)Current State: This information relates only to the provision/s


Public Holidays Act 1993, No. 119/1993Assent Date: 7.12.93Commencement Date: 7.12.93Current State: All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994Assent Date: 31.5.94Commencement Date: S. 4(Sch. 2 items 71.1–71.3) on 1.1.95:



Gaming and Betting Act 1994, No. 37/1994Assent Date: 2.6.94Commencement Date: Ss 173, 195–197, 198 (1)(2), 199–203 on 3.6.94:

Special Gazette (No. 31) 2.6.94 p. 1; s. 191 on 1.7.94: Government Gazette 23.6.94 p. 1669; ss 174–190, 192, 193, 194(1)–(4)(6)–(9), 198(3), 204, 205 on 15.8.94: Special Gazette (No. 55) 15.8.94 p. 1; ss 194(5), 206 on 2.6.95: s. 2(3)

Current State: This information relates only to the provision/s amending the Racing Act 1958

Gaming and Betting (Amendment) Act 1994, No. 98/1994Assent Date: 13.12.94Commencement Date: Ss 27, 28 on 16.2.95: Government Gazette 16.2.95





282

Racing (Amendment) Act 1995, No. 83/1995Assent Date: 28.11.95Commencement Date: Pt 1 (ss 1–3), ss 12–15 on 28.11.95: s. 2(1); s. 11 on

19.12.95; Pt 2 (ss 4–10) on 1.3.96: Government Gazette 14.12.95 p. 3488


Gaming Acts (Amendment) Act 1996, No. 17/1996Assent Date: 2.7.96Commencement Date: S. 40 on 2.7.96: s. 2(1)Current State: This information relates only to the provision/s


Legal Practice Act 1996, No. 35/1996Assent Date: 6.11.96Commencement Date: S. 453(Sch. 1 item 70) on 1.1.97: s. 2(3)Current State: This information relates only to the provision/s


Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996Assent Date: 17.12.96Commencement Date: Ss 74, 85, 88–90 on 17.12.96 : s. 2(1); ss 75, 86, 87,

91(1)(8) on 19.12.96: Government Gazette 19.12.96 p. 3251; ss 83, 91(6) on 27.3.97: Government Gazette 27.3.97 p. 665; ss 76–82, 84, 91(2)–(5)(7) on 1.7.97: s. 2(6)


Racing (Amendment) Act 1997, No. 11/1997Assent Date: 29.4.97Commencement Date: Ss 1, 2 on 29.4.97: s. 2(1); rest of Act on 1.7.97:

s. 2(3)Current State: All of Act in operation

Taxation Administration Act 1997, No. 40/1997Assent Date: 3.6.97Commencement Date: S. 138(Sch. 2 item 12) on 1.7.97: Government Gazette



Audit (Amendment) Act 1997, No. 93/1997Assent Date: 16.12.97Commencement Date: S. 28(Sch. item 26) on 1.7.98: s. 2(2)Current State: This information relates only to the provision/s


Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998Assent Date: 26.5.98Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)Current State: This information relates only to the provision/s




283

State Taxation (Amendment) Act 1998, No. 48/1998Assent Date: 26.5.98Commencement Date: S. 10 on 1.7.98: Government Gazette 18.6.98 p. 1511Current State: This information relates only to the provision/s


Racing and Betting Acts (Amendment) Act 1998, No. 97/1998Assent Date: 24.11.98Commencement Date: Ss 3–13, 16–24 on 10.12.98: Government Gazette

10.12.98 p. 2998; ss 14, 15 on 18.2.99: Government Gazette 18.2.99 p. 437


National Taxation Reform (Further Consequential Provisions) Act 2000, No. 24/2000

Assent Date: 16.5.00Commencement Date: Ss 12–16 on 3.7.00: s. 2(3)Current State: This information relates only to the provision/s


Statute Law Revision Act 2000, No. 74/2000Assent Date: 21.11.00Commencement Date: S. 3(Sch. 1 item 107) on 22.11.00: s. 2(1)Current State: This information relates only to the provision/s


Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date: 8.5.01Commencement Date: S. 3(Sch. item 62) on 1.6.01: s. 2(2)Current State: This information relates only to the provision/s


Racing and Betting Acts (Amendment) Act 2001, No. 16/2001Assent Date: 22.5.01Commencement Date: Ss 3–9, 13, 24–26 on 31.5.01: Government Gazette

31.5.01 p. 1076; ss 10–12, 14–23, 27, 28, Sch. on 1.7.01: s. 2(3)


Racing (Racing Victoria Ltd) Act 2001, No. 35/2001Assent Date: 19.6.01Commencement Date: S. 4 on 20.6.01: s. 2(1); ss 3, 5, 6, Schs 1, 2 on

19.12.01: Special Gazette (No. 233) 19.12.01 p. 1Current State: This information relates only to the provision/s




284

Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001Assent Date: 7.11.01Commencement Date: S. 3(Sch. item 11) on 20.12.01: Government Gazette



Racing Acts (Amendment) Act 2002, No. 19/2002Assent Date: 21.5.02Commencement Date: Ss 8, 18 on 11.7.02: Government Gazette 11.7.02

p. 1593; ss 3–7, 9–17, 19 on 26.9.02: Government Gazette 26.9.02 p. 2616


ANZAC Day (Amendment) Act 2003, No. 96/2003Assent Date: 2.12.03Commencement Date: S. 17 on 3.12.03: s. 2Current State: This information relates only to the provision/s


Gambling Regulation Act 2003, No. 114/2003Assent Date: 16.12.03Commencement Date: S. 12.1.3(Sch. 6 items 10.1–10.8) on 1.7.04:



Racing and Gaming Acts (Amendment) Act 2004, No. 45/2004Assent Date: 16.6.04Commencement Date: Ss 4–13 on 1.8.04: Government Gazette 22.7.04



Public Administration Act 2004, No. 108/2004Assent Date: 21.12.04Commencement Date: S. 117(1)(Sch. 3 item 171) on 5.4.05: Government

Gazette 31.3.05 p. 602Current State: This information relates only to the provision/s


Legal Profession (Consequential Amendments) Act 2005, No. 18/2005Assent Date: 24.5.05Commencement Date: S. 18(Sch. 1 item 91) on 12.12.05: Government

Gazette 1.12.05 p. 2781Current State: This information relates only to the provision/s




285

Racing and Gaming Acts (Police Powers) Act 2005, No. 55/2005Assent Date: 13.9.05Commencement Date: Ss 3–5 on 14.9.05: s. 2Current State: This information relates only to the provision/s


Racing and Gambling Acts (Amendment) Act 2005, No. 92/2005Assent Date: 29.11.05Commencement Date: S. 4 on 30.11.05: s. 2(1); s. 3 on 31.12.05: s. 2(4)Current State: This information relates only to the provision/s


Victoria Racing Club Act 2006, No. 40/2006Assent Date: 20.6.06Commencement Date: S. 41 on 1.8.06: Government Gazette 27.7.06 p. 1534Current State: This information relates only to the provision/s


Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date: 10.10.06Commencement Date: S. 26(Sch. item 90) on 11.10.06: s. 2(1)Current State: This information relates only to the provision/s


Gambling and Racing Legislation Amendment (Sports Betting) Act 2007, No. 18/2007

Assent Date: 29.5.07Commencement Date: S. 6 on 1.10.07: Government Gazette 20.9.07 p. 2143Current State: This information relates only to the provision/s


Relationships Act 2008, No. 12/2008Assent Date: 15.4.08Commencement Date: S. 73(1)(Sch. 1 item 50) on 1.12.08: s. 2(2)Current State: This information relates only to the provision/s


Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008, No. 71/2008

Assent Date: 25.11.08Commencement Date: S. 32 on 1.6.09: Government Gazette 26.2.09 p. 444Current State: This information relates only to the provision/s


Racing and Gambling Legislation Amendment Act 2008, No. 73/2008Assent Date: 25.11.08Commencement Date: Ss 3–17 on 1.1.09: Government Gazette 18.12.08





286

Major Crime Legislation Amendment Act 2009, No. 3/2009Assent Date: 10.2.09Commencement Date: S. 15 on 11.2.09: s. 2(1)Current State: This information relates only to the provision/s


Racing Legislation Amendment (Racing Integrity Assurance) Act 2009,No. 52/2009

Assent Date: 8.9.09Commencement Date: Ss 4–15 on 1.3.10: Government Gazette 25.2.10



Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010

Assent Date: 19.10.10Commencement Date: S. 32 on 30.1.12: Special Gazette (No. 423) 21.12.11



Victorian Commission for Gambling and Liquor Regulation Act 2011, No. 58/2011

Assent Date: 2.11.11Commencement Date: Ss 102, 103 on 6.2.12: Special Gazette (No. 423)



Racing Legislation Amendment Act 2012, No. 55/2012Assent Date: 18.9.12Commencement Date: Ss 4–21 on 26.9.12: Special Gazette (No. 324) 26.9.12



Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012Assent Date: 18.12.12Commencement Date: Ss 180–183 on 10.2.13: Special Gazette (No. 32)

6.2.13 p. 2; s. 318 on 11.2.13: s. 2(5)Current State: This information relates only to the provision/s


Professional Boxing and Combat Sports Amendment Act 2013, No. 65/2013Assent Date: 6.11.13Commencement Date: S. 25 on 7.11.13: s. 2Current State: This information relates only to the provision/s




287

Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013Assent Date: 17.12.13Commencement Date: Ss 39–42 on 29.1.14: Special Gazette (No. 17) 28.1.14



Legal Profession Uniform Law Application Act 2014, No. 17/2014Assent Date: 25.3.14Commencement Date: S. 160(Sch. 2 item 83) on 1.7.15: Special Gazette

(No. 151) 16.6.15 p. 1Current State: This information relates only to the provision/s


Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14Commencement Date: S. 10(Sch. item 139) on 1.7.14: Special Gazette

(No. 200) 24.6.14 p. 2Current State: This information relates only to the provision/s


Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, No. 56/2014

Assent Date: 26.8.14Commencement Date: S. 63 on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1Current State: This information relates only to the provision/s


Racing Amendment Act 2015, No. 50/2015Assent Date: 13.10.15Commencement Date: Ss 3–11 on 21.10.15: Special Gazette (No. 309)



Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016, No. 17/2016

Assent Date: 19.4.16Commencement Date: Ss 3–9, 10(1), 11, 12 on 4.5.16: Special Gazette

(No. 131) 3.5.16 p. 1; s. 10(2) on 10.4.17: Special Gazette (No. 111) 4.4.17 p. 1


Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date: 31.5.16Commencement Date: S. 87(2) on 1.7.16: Special Gazette (No. 194) 21.6.16

p. 1; s. 87(1) on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1




288

Racing Amendment (Modernisation) Act 2018, No. 10/2018Assent Date: 14.3.18Commencement Date: Ss 4–8 on 15.3.18: s. 2Current State: This information relates only to the provision/s


Racing Amendment (Integrity and Disciplinary Structures) Act 2018, No. 37/20182

Assent Date: 21.8.18Commencement Date: Ss 3–5, 7, 26–32 on 1.9.18: Special Gazette (No. 400)

28.8.18 p. 1; ss 6, 8–25, 33, 34 on 1.8.19: s. 2(2)Current State: This information relates only to the provision/s


Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019

Assent Date: 5.3.19Commencement Date: Ss 105–107 on 31.12.19: Special Gazette (No. 537)



–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Metric Conversion (Racing Act 1958) Regulations 1974, S.R. No. 166/1974Date of Making: 14.5.74Date of Commencement: 14.5.74

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Government Gazette 24 June 1963 page 2207Government Gazette 28 August 1963 page 2578Government Gazette 13 November 1963 page 3394–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



289

3 Amendments Not in OperationThis publication does not include amendments made to the Racing Act 1958 by the following Act/s.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Royal Agricultural Showgrounds Act 2003, No. 45/2003Assent Date: 11.6.03Commencement Date: S. 20 not yet in operationCurrent State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

At the date of this publication, the following provisions amending the Racing Act 1958 were Not in Operation:

Amending Act/s:

Royal Agricultural Showgrounds Act 2003, No. 45/2003

20 Repeal of section 48 of the Racing Act 1958

Section 48 of the Racing Act 1958 is repealed.



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4 Explanatory details



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