Racing Amendment Act 1997

Racing Amendment Act 1997

An Act to amend the Racing Act 1983 and to repeal the Tasmanian Harness Racing Board Act 1976 and other Acts

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Racing Amendment Act 1997 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Principal Act

In this Act, the Racing Act 1983 is referred to as the Principal Act.

4.    Section 4 amended

Section 4 of the Principal Act is amended as follows:

(a) by omitting the definitions of the Authority , Board and Council and substituting the following definitions:

Authority means the body corporate continued in existence under section 5 under the name Racing Tasmania;

Board means the Tasmanian Racing Appeal Board constituted under section 25 ;

Chief Electoral Officer means the Chief Electoral Officer within the meaning of the Electoral Act 1985 ;

corporate plan means the corporate plan prepared under section 16E ;

Council means the Tasmanian Thoroughbred Racing Council, Tasmanian Harness Racing Council or Tasmanian Greyhound Racing Council;

(b) by inserting the following definitions after the definition of functions :

made, in relation to any Rules of Racing, includes adopted;

ministerial charter means the charter provided to the Authority under section 16B ;

(c) by omitting the definition of Rules of Racing and substituting the following definitions:

Rules of Racing means the Rules of Racing of a Council made and in force under this Act, including –

(a) the Australian Rules of Racing adopted by that Council; and

(b) the local Rules of Racing made by that Council;

statement of corporate intent has the meaning given by section 16G .

5.    Part II: Heading amended

Part II of the Principal Act is amended by omitting "THE TASMANIAN RACING AUTHORITY" from the heading to that Part and substituting "RACING TASMANIA".

6.    Section 5 amended (Racing Tasmania)

Section 5 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

(1)  The body corporate constituted by this Act and formerly known as the Tasmanian Racing Authority continues under the name "Racing Tasmania".

7.    Section 5A inserted

After section 5 of the Principal Act , the following section is inserted in Part II:

5A.   Objective of Racing Tasmania

Racing Tasmania must perform its functions and exercise its powers under this Act and any other Act so as to –

(a) develop an efficient and viable racing and breeding industry; and

(b) develop and maintain public confidence in the integrity of on-course racing and betting operations; and

(c) generally promote Tasmanian racing and breeding.

8.    Section 6 substituted

Section 6 of the Principal Act is repealed and the following section is substituted:

6.   Membership of Authority

(1)  The Authority consists of –

(a) the chairperson of the Tasmanian Thoroughbred Racing Council; and

(b) the chairperson of the Tasmanian Harness Racing Council; and

(c) the chairperson of the Tasmanian Greyhound Racing Council; and

(d) a legal practitioner; and

(e) a person with management expertise; and

(f) a person with financial expertise; and

(g) a person with marketing expertise.

(2)  A member referred to in paragraph (d) , (e) , (f) or (g) of subsection (1) is appointed by the Minister for a term of 3 years, on the joint nomination of –

(a) the Tasmanian Thoroughbred Racing Council; and

(b) the Tasmanian Harness Racing Council; and

(c) the Tasmanian Greyhound Racing Council.

(3)  The Minister may request the Councils referred to in subsection (2) to provide the Minister with a joint nomination for the purposes of that subsection.

(4)  If the Councils fail to provide the Minister with the nomination within such period of not less than one month as is specified in the request, the Minister may appoint a person for the purposes of subsection (2) without further reference to those Councils.

(5)  A person is not eligible to be nominated or appointed, or continue, as a member under subsection (1)(d) , (e) , (f) or (g) if the person is, or becomes –

(a) a member of a Council or of the committee of a racing club; or

(b) a paid official of a racing club; or

(c) a member of a racehorse owners' association, a light harness association or a greyhound owners', trainers' or breeders' association; or

(d) registered as a bookmaker or bookmaker's clerk; or

(e) the holder of a licence under any Rules of Racing; or

(f) disqualified under any Rules of Racing; or

(g) subject to a notice under section 39 of the Racing and Gaming Act 1952 .

(6)  The members must appoint a member as chairperson and another member as deputy chairperson.

(7)  Schedule 1 has effect in relation to the membership of the Authority.

(8)  Schedule 2 has effect in relation to the meetings of the Authority.

9.    Section 7 repealed

Section 7 of the Principal Act is repealed.

10.    Section 8 amended (General powers of Authority)

Section 8(1)(a) of the Principal Act is amended by omitting "control" and substituting "direction".

11.    Section 9 amended (Special powers of Authority)

Section 9 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(c) "with the approval of the Minister,";

(b) by omitting paragraph (ca) from subsection (1) and substituting the following paragraph:

(ca) may, for the other purposes of this subsection, use any of the following payments that are received by the Authority or on its behalf:

(i) interest and other income from any investments under paragraph (a) ;

(ii) interest and other income from any loans under paragraph (c) ;

(iii) rents and fees from any leases it has granted;

(iv) licence and registration fees;

(v) proceeds from the sale of goods or provision of services;

(vi) such other payments as the Minister may approve; and

(c) by omitting from subsection (1)(d) "with the approval of the Minister,";

(d) by omitting from subsection (1)(f) "with the approval of the Minister,";

(e) by omitting from subsection (1)(g) "and the Tasmanian Racing Appeal" and substituting ", each Council and the";

(f) by omitting subsections (2A) and (2B) and substituting the following subsections:

(2A)  Subject to section 10 (8) , the Authority must determine, from the amounts that it receives from the Totalizator Agency Board under sections 57P , 57Q and 57T of the Racing and Gaming Act 1952 , the total amount that is to be available to each Council in each racing year.

(2B)  The Authority must, before the expiration of the 2 year period immediately following the commencement of the Racing Amendment Act 1997 , develop a performance-based formula for the purpose of making determinations under subsection (2A) and, after that period, those determinations are to be made in accordance with the formula.

(2C)  The Authority may, from time to time, review and amend the performance-based formula.

(2D)  The amount that is available to a Council in a racing year is to be expended by that Council for such purposes, and in such respective amounts, as the Authority approves.

12.    Section 9A repealed

Section 9A of the Principal Act is repealed.

13.    Section 10A repealed

Section 10A of the Principal Act is repealed.

14.    Section 11 amended (Staff)

Section 11(1AA) of the Principal Act is amended as follows:

(a) by omitting "functions of –" and substituting "functions of the Authority and each Council.";

(b) by omitting paragraphs (a) , (b) , (c) and (d) .

15.    Section 12 amended (Finances of the Authority: accounts and records)

Section 12 of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  Except as otherwise expressly provided by this Act, all money that is received by or on behalf of the Authority under Part VI of the Racing and Gaming Act 1952 is to be paid into the Consolidated Fund.

(b) by omitting subsection (2) .

16.    Section 13 amended (Audit)

Section 13 of the Principal Act is amended by omitting " Audit Act 1918 " and substituting " Financial Management and Audit Act 1990 ".

17.    Sections 14 and 14A inserted

After section 13 of the Principal Act , the following sections are inserted in Part II:

14.   Annual report

(1)  The Authority must prepare an annual report for each financial year.

(2)  The annual report is to include the following information and documents:

(a) the statement of corporate intent which relates to the corporate plan that takes effect at the beginning of the next financial year;

(b) the financial statements of the Authority for the financial year to which the annual report relates;

(c) a copy of the opinion of the Auditor-General in respect of the financial statements of the Authority;

(d) a report on the performance of the Authority during that financial year compared with the performance indicators specified in the corporate plan;

(e) a report on the operations of the Authority during that financial year;

(f) the details of any extension of the time within which the financial statements must be prepared and provided to the Auditor-General;

(g) any information relating to the Authority, each Council, the Director and employees required by the Minister by written notice provided to the Authority to be included;

(h) any other information that the Minister by written notice provided to the Authority requires to be included;

(i) any other information that the Authority considers is appropriate or necessary to properly inform the Minister and Parliament as to the performance and progress of the Authority during that financial year.

(3)  For the purposes of subsection (2)(a) ,

next financial year means the financial year immediately following the financial year in respect of which the annual report is prepared.

(4)  The Authority must provide the annual report to the Minister, the Treasurer and the Auditor-General.

(5)  Section 33AB of the Tasmanian State Service Act 1984 does not apply in respect of the Authority.

14A.   Tabling of annual report

(1)  The Minister must lay a copy of the annual report before each House of Parliament within 4 months after the end of the financial year to which the annual report relates.

(2)  Where the Minister is unable to comply with subsection (1) for any reason other than that a House of Parliament is not sitting at the expiration of the period specified in that subsection, he or she must, before the expiration of that period, lay before each House of Parliament a statement specifying the reasons for the failure to comply with that subsection and an estimate of the day by which a copy of the annual report will be ready to lay before each House of Parliament.

(3)  Where the Minister is unable to lay a copy of the annual report before a House of Parliament within the period specified in subsection (1) or by the day specified in a statement referred to in subsection (2) because either House of Parliament is not sitting at the expiration of that period or on that day, the Minister must –

(a) immediately after the expiration of that period or that day, forward a copy of the annual report to the Clerk of that House of Parliament; and

(b) within the next 7 sitting days of that House, lay a copy of the annual report before that House.

18.    Section 16 substituted

Section 16 of the Principal Act is repealed and the following section is substituted:

16.   Delegation

The Authority may delegate any of its functions or powers, other than this power of delegation, to a member of the Authority, a person appointed pursuant to section 11 or any other person.

19.    Section 16A amended (Members of Authority, &c., to have free entry to racecourses)

Section 16A of the Principal Act is amended by omitting "by the Authority" and substituting "by the Director".

20.    Part IIA inserted

After section 16A of the Principal Act , the following Part is inserted:

PART IIA - Charters and plans

Division 1 - Ministerial charter

16B.   Ministerial charter

(1)  The Minister must, before 30 June 1998, provide the Authority with a ministerial charter.

(2)  The Minister may at any time at his or her discretion or on the application of the Authority –

(a) amend the ministerial charter; or

(b) revoke the ministerial charter and substitute another ministerial charter.

(3)  Before or while preparing the ministerial charter or an amendment to the ministerial charter, the Minister must consult with the Authority.

(4)  The ministerial charter and any amendment to the ministerial charter are to be in writing and signed by the Minister.

(5)  The ministerial charter or any amendment to the ministerial charter takes effect on a day specified in it, being a day not earlier than the day on which it is provided to the Authority.

(6)  The Minister must cause a copy of the ministerial charter and any amendment to the ministerial charter to be laid before each House of Parliament within 10 sitting days after providing a copy of the charter or the amendment to the Authority.

16C.   Content of ministerial charter

The ministerial charter is to specify the policy expectations of the Minister for the Authority, including each Council.

16D.   Compliance with ministerial charter

The Authority, and each Council, must ensure that its business and affairs are conducted in a manner that is consistent with the ministerial charter.

Division 2 - Plans of Authority

16E.   Corporate plan

(1)  In each financial year, the Authority must prepare a corporate plan.

(2)  The corporate plan –

(a) is to cover a period of not less than 3 financial years commencing on the day it takes effect; and

(b) is to contain a summary of the projected financial results of the Authority in respect of the current financial year and each financial year covered by the plan; and

(c) is to contain a summary of the financial results of the Authority in respect of the financial year immediately preceding the current financial year; and

(d) is to contain the statement of corporate intent; and

(e) is to specify the strategic direction of the Authority during the period covered by the plan; and

(f) may contain any other information that the Authority considers relevant; and

(g) is to be in a form determined by the Authority; and

(h) is to be consistent with the objective and ministerial charter of the Authority.

(3)  The Authority must provide a copy of the corporate plan to the Minister and each Council not later than 60 days before the day on which the corporate plan will take effect.

(4)  The corporate plan takes effect on the first day of the financial year next commencing after it has been provided to the Minister.

(5)  The Authority may prepare an amendment of its corporate plan at any time.

(6)  The Authority must provide a copy of the amendment to the Minister and each Council within 14 days after the amendment has been prepared.

(7)  The amendment takes effect on such day as the Authority determines and specifies in the amendment, being a day that is at least 14 days after the copy of the amendment is provided to the Minister.

(8)  The Authority must act in accordance with its corporate plan.

16F.   Consultation when preparing corporate plan

In the course of preparing the corporate plan the Authority must consult –

(a) in relation to the interests of the State as a whole and the long-term objectives of the Authority, with the Minister; and

(b) in relation to the interests of the racing industry in Tasmania as a whole, with each Council.

16G.   Statement of corporate intent

(1)  The statement of corporate intent of the Authority is a summary of its corporate plan.

(2)  The statement of corporate intent of the Authority must not disclose any information which the Authority considers may, if disclosed –

(a) disadvantage or cause damage to the Authority, directly or indirectly; or

(b) enable another person, directly or indirectly, to gain an advantage.

(3)  The statement of corporate intent is to be in a form, and contain the information, determined by the Authority.

16H.   Validity of actions, &c.

Anything done by or in relation to the Authority is not void or unenforceable only because the Authority has contravened this Part.

21.    Part III: Heading amended

Part III of the Principal Act is amended by omitting "THE TASMANIAN THOROUGHBRED RACING COUNCIL" from the heading to that Part and substituting "COUNCILS".

22.    Part III, Division 1 inserted

Before section 17 of the Principal Act , the following Division is inserted in Part III:

Division 1 - General provisions

16I.   Racing Councils

(1)  The Authority is supported by the following 3 specialist councils:

(a) Tasmanian Thoroughbred Racing Council;

(b) Tasmanian Harness Racing Council;

(c) Tasmanian Greyhound Racing Council.

(2)  A person is not eligible to be appointed or elected, or continue, as a member of a Council if the person is, or becomes –

(a) an appointed member of the Authority under section 6(1)(d) , (e) , (f) or (g) ; or

(b) a member of another Council; or

(c) a paid official of a racing club; or

(d) registered as a bookmaker or bookmaker's clerk; or

(e) the holder of a licence under any Rules of Racing, other than as an owner; or

(f) disqualified under any Rules of Racing; or

(g) subject to a notice under section 39 of the Racing and Gaming Act 1952 .

(3)  Schedule 2 has effect in relation to the meetings of a Council.

16J.   General functions and powers of Councils

(1)  Each Council performs the following functions for its code of racing:

(a) makes Rules of Racing;

(b) prepares budgets and amendments to budgets for approval by the Authority;

(c) registers and licenses matters relevant to that code of racing including matters required to be registered or licensed under its Rules of Racing:

(d) programs races;

(e) supervises, co-ordinates and sets standards in respect of the training and welfare of persons such as apprentice jockeys and junior drivers;

(f) advises the Authority;

(g) represents the State at national forums;

(h) performs such other functions as it may be required by this or any other Act to perform.

(2)  A Council may do all things necessary or convenient to be done in connection with, or incidental to, the performance of its functions.

(3)  A Council must perform its functions and exercise its powers in accordance with its Rules of Racing.

(4)  A person appointed as a stipendiary steward for a Council under section 40A of the Racing and Gaming Act 1952 is under the direction of that Council for the purposes of administering its Rules of Racing.

16K.   Directions by Authority

(1)  The Authority may give a Council any directions that the Authority considers necessary or desirable relating to –

(a) the functions or powers of a Council under this or any other Act; or

(b) matters of policy; or

(c) the general nature and extent of the operations of the Council.

(2)  The Authority's power to direct the affairs of a Council is not to be exercised so as to –

(a) require the Council to do anything that it is not empowered to do by this or any other Act; or

(b) prevent the Council from performing a function that it is expressly required by this or any other Act to perform; or

(c) interfere with the Council forming a belief or opinion on any matter.

(3)  The Authority may revoke or amend a direction given to a Council.

(4)  A Council is bound by a direction of the Authority that is in writing and signed by the Director.

16L.   Reports of Councils

(1)  Each Council must, before 31 October in each year, submit a report to the Authority on its activities for the financial year ending on 31 July of that year.

(2)  The report is to be included in the Authority's annual report for the same financial year.

23.    Part III, Division 2: Heading inserted

Part III is amended by inserting the following heading before section 17 :

Tasmanian Thoroughbred Racing Council

24.    Section 17AA inserted

Before section 17 of the Principal Act , the following section is inserted in Division 2:

17AA.   Interpretation of Division 2

In this Division,

Council means the Tasmanian Thoroughbred Racing Council.

25.    Section 17 amended (Constitution of Tasmanian Thoroughbred Racing Council)

Section 17 of the Principal Act is amended as follows:

(a) by omitting subsection (1) ;

(b) by omitting from subsection (2) "appointed by the Minister";

(c) by omitting from subsection (2)(f) "nominated by prescribed bodies representing" and substituting "elected as prescribed by";

(d) by omitting from subsection (2)(f) "Tasmanian";

(e) by omitting subsection (3) and substituting the following subsections:

(3)  The members, other than the elected member referred to in subsection (2)(f) , are appointed by the Minister.

(3A)  The members must appoint a member as chairperson and another member as deputy chairperson.

(f) by omitting subsection (8) and substituting the following subsections:

(8)  An appointed member holds office for such term, not exceeding 3 years, as is specified in the member's instrument of appointment and such a member, if eligible, may be nominated and appointed for further terms.

(8A)  The member referred to in subsection (2)(f) is elected for a term of 3 years and, if eligible, may be elected for further terms.

(g) by omitting from subsection (9) "with respect" and substituting "in relation";

(h) by omitting subsection (10) .

26.    Section 18 repealed

Section 18 of the Principal Act is repealed.

27.    Section 19 amended (Specific functions and powers of Tasmanian Thoroughbred Racing Council)

Section 19 of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  Pursuant to section 16J , the Council –

(a) controls thoroughbred horse racing in Tasmania; and

(b) performs such other functions and exercises such other powers as may be agreed between the Tasmanian Racing Club and the Tasmanian Turf Club and the Minister.

(b) by omitting subsection (4) .

28.    Sections 19A and 19B amended

Sections 19A and 19B of the Principal Act are repealed.

29.    Part III, Division 3: Heading inserted

Part III is amended by inserting the following heading after section 19 :

Tasmanian Harness Racing Council

30.    Sections 20 and 20A amended

Sections 20 and 20A of the Principal Act are repealed and the following sections are substituted:

20.   Interpretation of Division 3

In this Division,

Council means the Tasmanian Harness Racing Council.

20A.   Constitution of Tasmanian Harness Racing Council

(1)  The Council consists of 5 persons elected as prescribed.

(2)  A member of the Council is elected for a term of 3 years and, if eligible, may be elected for further terms.

(3)  The members must appoint a member as chairperson and another member as deputy chairperson.

(4)  Schedule 1 has effect in relation to the membership of the Council.

20B.   Specific functions and powers of Tasmanian Harness Racing Council

Pursuant to section 16J , the Council controls harness racing in Tasmania.

31.    Part IV: Heading repealed

The Principal Act is amended by omitting the heading "PART IV — THE TASMANIAN GREYHOUND RACING BOARD".

32.    Part III, Division 4: Heading inserted

Part III is amended by inserting the following heading after section 20B :

Tasmanian Greyhound Racing Council

33.    Section 21AA inserted

After section 20B of the Principal Act , the following section is inserted in Division 4:

21AA.   Interpretation of Division 4

In this Division,

Council means the Tasmanian Greyhound Racing Council.

34.    Sections 21 and 22 amended

Sections 21 and 22 of the Principal Act are repealed and the following sections are substituted:

21.   Constitution of Tasmanian Greyhound Racing Council

(1)  The Council consists of 5 persons elected as prescribed.

(2)  A member of the Council is elected for a term of 3 years and, if eligible, may be elected for further terms.

(3)  The members must appoint a member as chairperson and another member as deputy chairperson.

(4)  Schedule 1 has effect in relation to the membership of the Council.

22.   Specific functions and powers of Tasmanian Greyhound Racing Council

Pursuant to section 16J , the Council controls greyhound racing in Tasmania.

35.    Sections 23 , 24 and 24A amended

Sections 23 , 24 and 24A of the Principal Act are repealed.

36.    Section 32 repealed

Section 32 of the Principal Act is repealed.

37.    Part VI: Heading inserted

The Principal Act is amended by inserting the following heading after section 31 :

Miscellaneous

38.    Section 33 amended (Status of Rules of Racing)

Section 33 of the Principal Act is amended as follows:

(a) by omitting subsection (1) ;

(b) by omitting from subsection (2) "rule of racing" and substituting "Rule of Racing";

(c) by omitting from subsection (3) "rule of racing" and substituting "Rule of Racing";

(d) by omitting from subsection (4) "rule of racing" twice occurring and substituting "Rule of Racing";

(e) by omitting from subsection (4) "or the Council" and substituting "or Tasmanian Thoroughbred Racing Council under this Act, or by the Tasmanian Harness Racing Board under the Tasmanian Harness Racing Board Act 1976 ,";

(f) by omitting from subsection (5) "rule of racing" and substituting "Rule of Racing".

39.    Sections 34 , 35 and 36 inserted

After section 33 of the Principal Act , the following sections are inserted in Part VI:

34.   General Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Without limiting the generality of subsection (1) , regulations may be made under that subsection for and in relation to the election of members of any Council.

(3)  The regulations may –

(a) be of general or limited application; and

(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and

(c) authorise any matter to be determined, applied or regulated by the Minister, the Authority or a Council.

(4)  The regulations may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(b) provide, in respect of any such offence, for the imposition of a fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

35.   Council elections

(1)  Elections that are held under this Act for the purpose of electing a member or members of a Council are to be –

(a) conducted by the Chief Electoral Officer or a Returning Officer appointed or approved for the purpose by the Chief Electoral Officer; and

(b) supervised by the Chief Electoral Officer.

(2)  Regulations made under section 34 for and in relation to the election of members of any Council may, without limiting the generality of that section –

(a) specify which persons or class of persons are eligible to stand as candidates, and to vote, in an election; and

(b) authorise the Minister to appoint persons to fill casual vacancies in cases where it is not possible or appropriate to fill such vacancies by recount, further election or other electoral means; and

(c) authorise any matter relating to an election to be determined, applied or regulated by the Chief Electoral Officer or a Returning Officer appointed or approved by the Chief Electoral Officer.

36.    Racing Amendment Act 1997 : Savings and transitional provisions

(1)  In this section –

commencement day means the day proclaimed under section 2 of the Racing Amendment Act 1997 ;

former administrative body means any one of the following bodies that were constituted or established before the commencement day under this Act or the Tasmanian Harness Racing Board Act 1976 :

(a) Tasmanian Racing Authority;

(b) Tasmanian Thoroughbred Racing Council;

(c) Tasmanian Harness Racing Board;

(d) Tasmanian Greyhound Racing Board.

(2)  On the commencement day, a person who was a member of a former administrative body immediately before that day ceases to be a member of that body, and –

(a) if that person was a member of that former administrative body by virtue of an appointment, that appointment is terminated; and

(b) if that person was a member of that former administrative body by virtue of holding a particular office, the duties that the person performed in that office before the commencement day as a member of that body cease to form any part of the duties of that office.

(3)  A person who ceases to be a member of a former administrative body by virtue of subsection (2) is nevertheless eligible to be appointed or elected as a member of the Authority, the Board or a Council under this Act, as amended by the Racing Amendment Act 1997 , if that person is qualified to be so appointed or elected.

(4)  On the commencement day –

(a) the Rules of Racing of the former administrative body known as the Tasmanian Thoroughbred Racing Council that were in force under this Act immediately before that day are taken to be the Rules of Racing of the Tasmanian Thoroughbred Racing Council; and

(b) the Rules of Racing of the former administrative body known as the Tasmanian Harness Racing Board that were in force under the Tasmanian Harness Racing Board Act 1976 immediately before that day are taken to be the Rules of Racing of the Tasmanian Harness Racing Council; and

(c) the Rules of Racing of the former administrative body known as the Tasmanian Greyhound Racing Board that were in force under this Act immediately before that day are taken to be the Rules of Racing of the Tasmanian Greyhound Racing Council.

(5)  On and after the commencement day, the Rules of Racing referred to in subsection (4) may be amended, or rescinded and remade, at any time.

(6)  The Governor may make regulations of a savings and transitional nature for the purposes of this Act, consequent on the enactment of the Racing Amendment Act 1997 .

(7)  A provision referred to in subsection (6) may take effect on the commencement day or a later day.

40.    Section 33 amended (Status of Rules of Racing)

Section 33 of the Principal Act is amended by omitting subsections (6) and (7) .

41.    Schedule 1 amended (Further Provisions relating to membership of Authority, Councils and Board)

Schedule 1 to the Principal Act is amended by omitting clause 1 and substituting the following clause:

1.   Interpretation

In this Schedule,

administering body means the Authority, a Council or the Board.

42.    Schedule 1 amended (Further Provisions relating to membership of Authority, Councils and Board)

Clause 3(2) of Schedule 1 to the Principal Act is amended by omitting "the Board" and substituting "an administering body".

43.    Schedule 1 amended (Further Provisions relating to membership of Authority, Councils and Board)

Clause 5 of Schedule 1 to the Principal Act is amended as follows:

(a) by omitting from subclause 1(1) "a Board, other than an executive member," and substituting "an administering body";

(b) by inserting in subclause (1)(a) "or elected" after "appointed";

(c) by omitting from subclause (1)(d) "Board" three times occurring and substituting "administering body";

(d) by inserting the following paragraph after paragraph (f) in subclause 1(1) :

(fa) if, under this Act, the member ceases to be eligible to hold the office; or

(e) by inserting in subclause (1)(g) "or the Racing and Gaming Act 1952 " after "Act";

(f) by omitting from subclause (1)(h) "Governor" twice occurring and substituting "Minister";

(g) by omitting from subclause (1)(i) "Governor under subclause (2) " and substituting "Minister under subclause (3) ";

(h) by omitting subclause 2(2) ;

(i) by omitting from subclause 3(3) "a Board appointed by the Minister" and substituting "an administering body".

44.    Schedule 1 amended (Further Provisions relating to membership of Authority, Councils and Board)

Schedule 1 to the Principal Act is amended by omitting clause 6 .

45.    Schedule 1 amended (Further Provisions relating to membership of Authority, Councils and Board)

Schedule 1 to the Principal Act is amended by omitting clause 7 .

46.    Schedule 1 amended (Further Provisions relating to membership of Authority, Councils and Board)

Clause 8(2) of Schedule 1 to the Principal Act is amended as follows:

(a) by inserting "or election" after "appointment";

(b) by inserting "or elected" after "appointed".

47.    Schedule 1 amended (Further Provisions relating to membership of Authority, Councils and Board)

Clause 9(c) of Schedule 1 to the Principal Act is amended by inserting "or election" after "appointment".

48.    Schedule 2 substituted

Schedule 2 to the Principal Act is repealed and the following Schedule is substituted:

SCHEDULE 2 - Meetings of Authority and Councils

Sections 6 and 16I

1.   Interpretation

In this Schedule –

body means the Authority or a Council;

meeting means a meeting of a body.

2.   Convening meetings

A meeting may be convened by the chairperson or any 2 members.

3.   Quorum

(1) Five members constitute a quorum at any duly convened meeting of the Authority.

(2) Three members constitute a quorum at any duly convened meeting of the Tasmanian Harness Racing Council or Tasmanian Greyhound Racing Council.

(3) Three members constitute a quorum at a meeting of the Tasmanian Thoroughbred Racing Council that is convened for the purpose of hearing an appeal under section 26(11) and 5 members constitute a quorum at any other duly convened meeting of that Council.

4.   Procedure at meetings

(1) Any duly convened meeting of a body at which a quorum is present is competent to transact any business of that body.

(2) A question arising at a meeting is to be determined by a majority of votes of the members present and voting.

(3) Each member, including a chairperson or deputy chairperson, has one vote only.

(4) In the event of an equality of votes on a question arising at a meeting, the question stands adjourned until the next meeting.

5.   Chairperson

(1) The chairperson is to preside at all meetings.

(2) If the chairperson is not present at a meeting the deputy chairperson is to preside at that meeting.

(3) If the chairperson and deputy chairperson are both absent from a meeting the members present are to elect one of their number to preside at the meeting.

6.   Minutes

(1) A body must keep accurate minutes of its meetings.

(2) A Council must provide a copy of its minutes of a meeting to the Director within 14 days of that meeting.

7.   Disclosure of interest

(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by a body must, as soon as practicable after the relevant facts come to the knowledge of the member, disclose the nature of that interest at a meeting of that body.

(2) A disclosure under subclause (1) is to be recorded in the minutes and the member must not, unless the body exclusive of that member determines otherwise –

(a) be present during any deliberations of the body in relation to that matter; or

(b) take part in any decision of the body in relation to that matter.

8.   Special attendance

(1) A body may permit a member to participate in a particular meeting by –

(a) telephone; or

(b) television conference; or

(c) another means of communication approved by the body.

(2) A member who participates in a meeting under a permission granted under this clause is taken to be present at the meeting.

(3) A body may allow a person to attend a meeting for the purpose of advising or informing it on any matter.

9.   General procedures

Except as provided by this Schedule, the procedures for and in relation to the conduct of the meetings of a body are as determined by that body.

49.    Schedule 3 repealed

Schedule 3 to the Principal Act is repealed.

50.   Substitutions

Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "a Board" on the number of occurrences specified in Column 2 of that Schedule and substituting "an administering body".

51.   Substitutions

Each of the provisions of the Principal Act specified in Column 1 of Schedule 2 is amended by omitting "the Board" on the number of occurrences specified in Column 2 of that Schedule and substituting "the administering body".

52.    Tasmanian Harness Racing Board Act 1976 repealed

The Tasmanian Harness Racing Board Act 1976 is repealed.

53.    Anzac Day Observance Act 1929 amended

Section 6 of the Anzac Day Observance Act 1929 is amended by omitting the definition of Commission .

54.    Dog Control Act 1987 amended

Section 16 of the Dog Control Act 1987 is amended as follows:

(a) by omitting from subsection (1)(c)(iii) "Board" and substituting "Council";

(b) by omitting from subsection (2) "Board" and substituting "Council".

55.    Racing and Gaming Act 1952 amended

Section 20A(2)(d) of the Racing and Gaming Act 1952 is amended as follows:

(a) by omitting from section 20A(2)(d) "Board" and substituting "Council";

(b) by omitting the definition of Authority from section 3 and substituting the following definition:

Authority means Racing Tasmania, being the body continued in existence under section 5 of the Racing Act 1983 ;

(c) by omitting "Board" twice occurring from the definition of controlling body in section 3 and substituting "Council".

SCHEDULE 1 - Substitutions

Section 50

SCHEDULE 2 - Substitutions

Section 51

[Second reading presentation speech made in:

House of Assembly on 25 NOVEMBER 1997

Legislative Council on 2 DECEMBER 1997]