New South Wales Repealed Acts

This legislation has been repealed.

RACING LEGISLATION AMENDMENT ACT 2009 - SCHEDULE 3

SCHEDULE 3 – Amendment of other Acts and Regulations

3.1 - Companion Animals Regulation 2008

Clause 16 Exemptions from registration requirement

Omit " Greyhound and Harness Racing Administration Act 2004 ".
Insert instead " Greyhound Racing Act 2009 ".

3.2 - Defamation Act 2005 No 77

[1] Schedule 1 Additional publications to which absolute privilege applies

Insert at the end of clause 11 (b):

, or

(c) in the course of proceedings in respect of an investigation conducted by the Integrity Assurance Committee under the Thoroughbred Racing Act 1996 or by that Committee in a report that it makes in respect of such an investigation.

[2] Schedule 1, clause 12

Omit the clause. Insert instead:

12 Matters relating to GRNSW and HRNSW Without limiting section 27 (2) (a)-(c), matter that is published:

(a) by Greyhound Racing New South Wales in an official report of its decision in respect of any appeal relating to greyhound racing under the Racing Appeals Tribunal Act 1983 or of the reasons for its decision, or

(b) by Harness Racing New South Wales in an official report of its decision in respect of any appeal relating to harness racing under the Racing Appeals Tribunal Act 1983 or of the reasons for its decision, or

(c) in the course of proceedings in respect of an investigation conducted by the Greyhound Racing Integrity Auditor under the Greyhound Racing Act 2009 or the Harness Racing Integrity Auditor under the Harness Racing Act 2009 or by the Integrity Auditor in a report that he or she makes in respect of such an investigation.

[3] Schedule 3 Additional proceedings of public concern

Omit clause 4.

3.3 - Fines Act 1996 No 99

Schedule 1 Statutory provisions under which penalty notices issued

Omit " Sporting Venues (Pitch Invasions) Act 2003 ".
Insert instead " Sporting Venues (Invasions) Act 2003 ".

3.4 - First State Superannuation Act 1992 No 100

Schedule 1 Employers

Omit "Greyhound and Harness Racing Regulatory Authority".

3.5 - Government and Related Employees Appeal Tribunal Act 1980 No 39

Schedule 4 Employing authorities

Omit "Greyhound and Harness Racing Regulatory Authority.".

3.6 - New South Wales Retirement Benefits Act 1972 No 70

Schedule 2

Omit the matter relating to the Greyhound and Harness Racing Regulatory Authority.

3.7 - Public Authorities Superannuation Act 1985 No 41

Schedule 3 Employers

Omit "The Greyhound and Harness Racing Regulatory Authority." from Part 2.

3.8 - Public Finance and Audit Act 1983 No 152

Schedule 2 Statutory bodies

Omit "Greyhound and Harness Racing Regulatory Authority".

3.9 - Public Sector Employment and Management Act 2002 No 43

Schedule 1 Divisions of the Government Service

Omit the matter relating to the Greyhound and Harness Racing Regulatory Authority Division in Part 2.

3.10 - Racing Administration Act 1998 No 114

[1] Section 4 Definitions

Omit the definition of "controlling body" from section 4 (1).
Insert instead:

"controlling body" means:

(a) in relation to horse racing other than harness racing--Racing New South Wales, and

(b) in relation to harness racing--Harness Racing New South Wales, and

(c) in relation to greyhound racing--Greyhound Racing New South Wales.

[2] Section 4 (2)

Omit the subsection.

[3] Section 15 Harness racing on showgrounds

Omit "the Greyhound and Harness Racing Regulatory Authority" from section 15 (1).
Insert instead "Harness Racing New South Wales".

[4] Section 26C Bookmakers Revision Committee

Omit section 26C (1) (c). Insert instead:

(c) the chief executive officer of Greyhound Racing New South Wales,

[5] Schedule 1 Savings and transitional provisions

Insert after Part 6:

Part 7 - Provisions consequent on enactment of Racing Legislation Amendment Act 2009

13 Existing approvals under section 15 An approval given for the purposes of section 15 (1) by the Greyhound and Harness Racing Regulatory Authority constituted under the Greyhound and Harness Racing Administration Act 2004 before its dissolution is taken to have been given by Harness Racing New South Wales under that subsection.

3.11 - Sporting Venues (Pitch Invasions) Regulation 2006

[1] Clause 1 Name of Regulation

Omit " Pitch ".

[2] Clause 2 Definition

Omit " Pitch ".

3.12 - State Authorities Non-contributory Superannuation Act 1987 No 212

Schedule 1 Employers

Omit "Greyhound and Harness Racing Regulatory Authority" from Part 1.

3.13 - State Authorities Superannuation Act 1987 No 211

Schedule 1 Employers

Omit "Greyhound and Harness Racing Regulatory Authority" from Part 1.

3.14 - Superannuation Act 1916 No 28

Schedule 3 List of employers

Omit "Greyhound and Harness Racing Regulatory Authority" from Part 1.

3.15 - Thoroughbred Racing Act 1996 No 37

[1] Section 3 Definitions

Insert in alphabetical order in section 3 (1):

"GRNSW" means Greyhound Racing New South Wales constituted under the Greyhound Racing Act 2009 .
"HRNSW" means Harness Racing New South Wales constituted under the Harness Racing Act 2009 .
"IA Committee" means the Integrity Assurance Committee established under this Act.
"racing official" means a member of Racing NSW, the Chief Executive or a steward appointed by Racing NSW or other member of staff of Racing NSW.

[2] Section 6 Membership

Omit section 6 (2) (d). Insert instead:

(d) is registered by or with GRNSW under the Greyhound Racing Act 2009 or HRNSW under the Harness Racing Act 2009 , or

[3] Section 18A

Insert after section 18:

18A Arrangements for use of staff and facilities of HRNSW or GRNSW

(1) Racing NSW may arrange for the use of the services of any staff or facilities of HRNSW or GRNSW.

(2) For the purposes of this Act, a person whose services are utilised by Racing NSW under this section is taken to be a member of staff of Racing NSW in the exercise of functions by the person under this Act.

(3) Without limiting subsection (1), Racing NSW may arrange for a steward appointed by HRNSW or GRNSW to perform the functions of a steward under this Act. Any such person is taken to have been appointed by Racing NSW as a steward for the purposes of this Act while exercising functions under this Act in accordance with those arrangements.

(4) Without limiting subsection (1), Racing NSW may arrange to share with HRNSW or GRNSW any equipment, information technology (such as computer software) or office, or any administrative system relating to licensing or registration.

(5) Racing NSW is not authorised to enter into an arrangement under this section in relation to stewards, licensing or registration without the consent of the Minister.

(6) The consent of the Minister under subsection (5):

(a) may be given in relation to a particular arrangement or a class of arrangements, and

(b) may be subject to conditions, and

(c) may be amended from time to time.

[4] Section 23 Integrity Assurance Committee

Insert "or as are conferred on it by this Act" after "confer on it" in section 23 (1).

[5] Sections 23A and 23B

Insert after section 23:

23A Inquiries and investigations by Integrity Assurance Committee in relation to complaint

(1) A person may make a complaint to the IA Committee in respect of the exercise of functions by a racing official relating to horse racing.

(2) On receiving a complaint from a person under this section, the IA Committee must investigate the complaint with due diligence unless the Committee considers that the complaint:

(a) is frivolous, vexatious or not made in good faith, or

(b) is trivial, or

(c) does not relate to the exercise of functions by a racing official in a corrupt, improper or unethical manner.

(3) If the IA Committee decides to investigate a complaint, the Committee must inform the racing official concerned of the substance of the complaint and give the racing official a reasonable opportunity to respond to it.

(4) The IA Committee may, by notice in writing, require a racing official who is the subject of an investigation under this section to do one or more of the following things:

(a) provide, in accordance with directions in the notice, such information verified by statutory declaration as, in the opinion of the Committee, is relevant to the investigation and is specified in the notice,

(b) produce, in accordance with directions in the notice, such records as, in the opinion of the Committee, are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,

(c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),

(d) furnish to the Committee such authorisations and consents as the Committee requires for the purpose of enabling the Committee to obtain information (including financial and other confidential information) from other persons concerning the person under investigation.

(5) A person who complies with a requirement of a notice under subsection (4) does not on that account incur a liability to another person.

(6) A person must not fail to comply with a requirement of the IA Committee contained in a notice under subsection (4).

Maximum penalty (subsection (6)): 20 penalty units.

23B Action after investigation of complaint

(1) The IA Committee must provide a report in writing of the results of the investigation of a complaint to Racing NSW and the Minister if satisfied that those results indicate that there has been a contravention of this or any other Act in relation to the conduct of horse racing or a contravention of the code of conduct adopted by Racing NSW under section 11A.

(2) If such a report identifies any racing official in an adverse manner, the IA Committee must also give a copy of the report to the racing official.

(3) The IA Committee must inform the person who made the complaint of whether a report has been made under this section or whether the Committee considers that the complaint does not warrant such a report being made.

3.16 - Totalizator Act 1997 No 45

[1] Section 105 Secrecy

Omit "the Greyhound and Harness Racing Regulatory Authority," from section 105 (2) (c).

[2] Schedule 2 Savings, transitional and other provisions

Omit "the Greyhound and Harness Racing Regulatory Authority," from clause 11 (5) (e).