Racing Act 1983
An Act to provide for the control of horse racing and greyhound racing
[Royal Assent 11 January 1984]
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:
PART I - Preliminary
This Act may be cited as the Racing Act 1983 .
This Act shall commence on 13th February 1984.
This Act shall be incorporated with, and read as one with, the Racing and Gaming Act 1952 .
[Section 4 Amended by No. 123 of 1985, s. 4 ][Section 4 Amended by No. 22 of 1990, s. 3 ][Section 4 Amended by No. 111 of 1993, s. 4 ][Section 4 Amended by No. 17 of 1995, s. 4 ][Section 4 Amended by No. 50 of 1996, s. 3 ][Section 4 Amended by No. 58 of 1997, s. 4, Applied:01 May 1998] [Section 4 Substituted by No. 83 of 1999, s. 4, Applied:01 Dec 1999] In this Act, unless the contrary intention appears –Chief Electoral Officer means the Chief Electoral Officer within the meaning of the Electoral Act 1985 ;Council means the Tasmanian Thoroughbred Racing Council, the Tasmanian Harness Racing Council or the Tasmanian Greyhound Racing Council;Director means the Director of Racing appointed under section 5(1) ;former Authority means the body corporate known as Racing Tasmania as constituted under Part II immediately before the relevant day;functions includes duties;made, in relation to any Rules of Racing, includes adopted;RAB means the Tasmanian Racing Appeal Board constituted under section 25 ;racing club means a horse-racing club, harness racing club or greyhound racing club;relevant day means the day on which the Racing Amendment (Restructuring) Act 1999 commenced;[Section 4 Amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001][Section 4 Amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] 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.
PART II - Director of Racing[Part II Heading amended by No. 83 of 1999, s. 5, Applied:01 Dec 1999] [Part II Heading amended by No. 58 of 1997, s. 5, Applied:01 May 1998]
[Section 5 Subsection (1) amended by No. 22 of 1990, s. 14 ][Section 5 Subsection (1) substituted by No. 58 of 1997, s. 6, Applied:01 May 1998] [Section 5 Subsection (2) amended by No. 22 of 1990, s. 14 ][Section 5 Substituted by No. 83 of 1999, s. 6, Applied:01 Dec 1999][Section 5A Inserted by No. 58 of 1997, s. 7, Applied:01 May 1998] [Section 5A Repealed by No. 83 of 1999, s. 6, Applied:01 Dec 1999] . . . . . . . .(1) [Section 5 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Governor may appoint a State Service officer or State Service employee to be Director of Racing and that officer or employee may hold that office in conjunction with State Service employment.(2) It is the duty of the Director to administer this Act so as to maintain the probity and integrity of the racing industry.(3) The Director –(a) is to be responsible, on behalf of the Councils, for administering the –(i) registration and licensing of persons engaged or employed in connection with the racing industry; and(ii) registration of horses and greyhounds for the purposes of horseracing and greyhound racing; and(iii) registration of all other matters as required by the Rules of Racing; and(b) is to supervise, coordinate and set standards, in consultation with the appropriate Council, in respect of the training and welfare of apprentice jockeys and junior drivers and other persons.
[Section 6 Substituted by No. 22 of 1990, s. 5 ][Section 6 Subsection (1) amended by No. 111 of 1993, s. 5 ][Section 6 Substituted by No. 58 of 1997, s. 8, Applied:01 May 1998] [Section 6 Substituted by No. 83 of 1999, s. 6, Applied:01 Dec 1999](1) The Director –(a) may do all such acts and things as he or she considers necessary or desirable for the regulation and direction of –(i) horseracing and greyhound racing; and(ii) betting by and with bookmakers; and(b) has, and may exercise, such other powers, and may perform such other functions, as are conferred or imposed on him or her by or under this or any other Act.(2) The Director may make such orders, give such notices and directions and do such other acts and things, except employ persons, as appear to the Director to be necessary or desirable for giving effect to this section or for the exercise of any of the powers conferred, or the performance of any functions imposed, on him or her by or under this Act or any other Act.
[Section 7 Subsection (1) amended by No. 22 of 1990, s. 14 ][Section 7 Subsection (2) amended by No. 22 of 1996, s. 14 ][Section 7 Subsection (3) amended by No. 22 of 1990, s. 14 ][Section 7 Repealed by No. 58 of 1997, s. 9, Applied:01 May 1998] [Section 7 Substituted by No. 83 of 1999, s. 6, Applied:01 Dec 1999] The Director –(a) may invest in any of the investments referred to in section 6 of the Trustee Act 1898 and may vary any such investment; and(b) may use any of the following payments that are received by the Director or on his or her behalf towards the costs of administering this Act:(i) interest and other income from any investments under paragraph (a);(ii) any money received under section 26(7A);(iii) licence and registration fees;(iv) proceeds from the sale of goods or provision of services;(v) such other payments as the Minister may approve.
8. Accounts and records of Director
[Section 8 Subsection (2) amended by No. 22 of 1990, s. 14 ][Section 8 Subsection (1) amended by No. 58 of 1997, s. 10, Applied:01 May 1998] [Section 8 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 8 Substituted by No. 83 of 1999, s. 6, Applied:01 Dec 1999][Section 9 Subsection (1) amended by No. 32 of 1986, s. 3 ][Section 9 Subsection (1) amended by No. 22 of 1990, s. 14 ][Section 9 Subsection (1) amended by No. 37 of 1990, s. 4 ][Section 9 Subsection (3) amended by No. 24 of 1993, s. 3 and Sched. 1 ][Section 9 Subsection (1) amended by No. 35 of 1984, s. 4 ][Section 9 Subsection (1) amended by No. 58 of 1997, s. 11, Applied:01 May 1998] [Section 9 Subsection (2) amended by No. 22 of 1990, s. 14 ][Section 9 Subsection (2A) substituted by No. 58 of 1997, s. 11, Applied:01 May 1998] [Section 9 Subsection (2B) inserted by No. 22 of 1990, s. 6 ][Section 9 Subsection (2B) substituted by No. 58 of 1997, s. 11, Applied:01 May 1998] [Section 9 Subsection (3) amended by No. 22 of 1990, s. 14 ][Section 9 Repealed by No. 83 of 1999, s. 6, Applied:01 Dec 1999] . . . . . . . . [Section 10 Subsection (2) amended by No. 22 of 1990, s. 14 ][Section 10 Subsection (2) amended by No. 25 of 1985, s. 3 ][Section 10 Subsection (3) amended by No. 22 of 1990, s. 14 ][Section 10 Repealed by No. 83 of 1999, s. 6, Applied:01 Dec 1999] . . . . . . . . [Section 9A Inserted by No. 111 of 1993, s. 6 ][Section 9A Repealed by No. 58 of 1997, s. 12, Applied:01 May 1998] . . . . . . . . [Section 10A Inserted by No. 22 of 1990, s. 7 ][Section 10A Repealed by No. 58 of 1997, s. 13, Applied:01 May 1998] . . . . . . . . [Section 11AA Repealed by No. 86 of 1987, s. 4 ]. . . . . . . . [Section 11A Repealed by No. 5 of 1990, s. 3 and Sched. 1 ]. . . . . . . .(1) Except as otherwise expressly provided by this Act, all money that is received by or on behalf of the Director under Part VI of the Racing and Gaming Act 1952 is to be paid into the Consolidated Fund.(2) The Director is to cause to be kept proper accounts and records in relation to all of his or her operations and is to do all things necessary to ensure that all payments from his or her funds are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Director and over the incurring of liabilities of the Director.
[Section 13 Amended by No. 22 of 1990, s. 14 ][Section 13 Amended by No. 58 of 1997, s. 16, Applied:01 May 1998] [Section 13 Amended by No. 83 of 1999, s. 7, Applied:01 Dec 1999] The accounts and records of the Director are subject to the Financial Management and Audit Act 1990 .
[Section 14 Repealed by No. 5 of 1990, s. 3 and Sched. 1 ][Section 14 Inserted by No. 58 of 1997, s. 17, Applied:01 May 1998] [Section 14 Substituted by No. 83 of 1999, s. 8, Applied:01 Dec 1999] Where the Director does or purports to do, or omits or purports to omit to do, any act or thing in good faith for the purpose of administering this Act, he or she is not personally subject to any action, liability, claim or demand in respect of that act or omission.[Section 14A Inserted by No. 58 of 1997, s. 17, Applied:01 May 1998] [Section 14A Repealed by No. 83 of 1999, s. 8, Applied:01 Dec 1999] . . . . . . . .
[Section 15 Subsection (1) amended by No. 22 of 1990, s. 14 ][Section 15 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 15 Subsection (2) amended by No. 22 of 1990, s. 14 ][Section 15 Substituted by No. 83 of 1999, s. 8, Applied:01 Dec 1999] The Director may delegate any of his or her functions or powers, other than this power of delegation, to any other person.
16. Certain persons to have free entry to racecourses
[Section 16 Subsection (1) amended by No. 22 of 1990, s. 14 ][Section 16 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 16 Subsection (4) amended by No. 22 of 1990, s. 14 ][Section 16 Substituted by No. 58 of 1997, s. 18, Applied:01 May 1998] [Section 16 Substituted by No. 83 of 1999, s. 8, Applied:01 Dec 1999] A person who is authorised for that purpose, in writing, by the Director is entitled at any time without payment of a fee or charge to enter, and remain on, a racecourse, whether a registered racecourse or not.[Section 16A Inserted by No. 35 of 1984, s. 7 ][Section 16A Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 16A Amended by No. 22 of 1990, s. 14 ][Section 16A Amended by No. 58 of 1997, s. 19, Applied:01 May 1998] [Section 16A Repealed by No. 83 of 1999, s. 8, Applied:01 Dec 1999] . . . . . . . .
PART IIA - . . . . . . . .[Part IIA Repealed by No. 83 of 1999, s. 9, Applied:01 Dec 1999]
Division 1 - . . . . . . . .[Division 1 Inserted by No. 58 of 1997, s. 20, Applied:01 May 1998] [Division 1 of Part IIA Repealed by No. 83 of 1999, s. 9, Applied:01 Dec 1999] [Section 16B Repealed by No. 83 of 1999, s. 9, Applied:01 Dec 1999] . . . . . . . . [Section 16C Repealed by No. 83 of 1999, s. 9, Applied:01 Dec 1999] . . . . . . . . [Section 16D Repealed by No. 83 of 1999, s. 9, Applied:01 Dec 1999] . . . . . . . .
Division 2 - . . . . . . . .[Division 2 Inserted by No. 58 of 1997, s. 20, Applied:01 May 1998] [Division 2 of Part IIA Repealed by No. 83 of 1999, s. 9, Applied:01 Dec 1999] [Section 16E Repealed by No. 83 of 1999, s. 9, Applied:01 Dec 1999] . . . . . . . . [Section 16F Repealed by No. 83 of 1999, s. 9, Applied:01 Dec 1999] . . . . . . . . [Section 16G Repealed by No. 83 of 1999, s. 9, Applied:01 Dec 1999] . . . . . . . . [Section 16H Repealed by No. 83 of 1999, s. 9, Applied:01 Dec 1999] . . . . . . . .
PART III - Councils[Part III Heading amended by No. 58 of 1997, s. 21, Applied:01 May 1998] [Part III Substituted by No. 123 of 1985, s. 8 ]
17AA. Interpretation of Division 2
[Section 17AA Inserted by No. 58 of 1997, s. 24, Applied:01 May 1998] In this Division,Council means the Tasmanian Thoroughbred Racing Council.
Division 2 - [Division 2 of Part III Heading inserted by No. 58 of 1997, s. 23, Applied:01 May 1998] Tasmanian Thoroughbred Racing Council
Division 1 - General provisions
[Section 16I of Part III Inserted by No. 58 of 1997, s. 22, Applied:01 May 1998](1) [Section 16I Subsection (1) substituted by No. 83 of 1999, s. 10, Applied:01 Dec 1999] The following 3 specialist councils, as existing immediately before the relevant day, are each reconstituted as a body corporate as provided by this Part:(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) [Section 16I Subsection (2) amended by No. 83 of 1999, s. 10, Applied:01 Dec 1999] . . . . . . . .(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.(4) [Section 16I Subsection (4) inserted by No. 83 of 1999, s. 10, Applied:01 Dec 1999] Each Council –(a) has perpetual succession; and(b) has a common seal; and(c) may take proceedings, and be proceeded against, in its corporate name; and(d) may, subject to this Act, purchase, exchange, take on lease, hold, hire, dispose of by way of lease or sale, and otherwise deal with property both real and personal; and(e) may do and be subject to all other things that bodies corporate may, by law, do and be subject to and that are necessary for or incidental to the purposes for which it is constituted; and(f) has the functions imposed, and the powers conferred, on it by or under this or any other Act.(5) [Section 16I Subsection (5) inserted by No. 83 of 1999, s. 10, Applied:01 Dec 1999] A court, judge or person acting judicially is to take judicial notice of the seal of a Council affixed to a document and is to presume that it was duly affixed.(6) [Section 16I Subsection (6) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 16I Subsection (6) inserted by No. 83 of 1999, s. 10, Applied:01 Dec 1999] A member of the staff of a Council is not subject to the State Service Act 2000 .
16J. General functions and powers of Councils
[Section 16J of Part III Inserted by No. 58 of 1997, s. 22, Applied:01 May 1998](1) [Section 16J Subsection (1) substituted by No. 83 of 1999, s. 11, Applied:01 Dec 1999] Each Council performs the following functions for its code of racing:(a) to make and administer Rules of Racing;(b) [Section 16J Subsection (1) amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] to prepare budgets and amendments to budgets for approval by TOTE Tasmania;(c) to be responsible for –(i) nominations, acceptances and fields selections; and(ii) handicapping and grading; and(iii) race programming;(d) to represent the State at national forums;(e) to publish industry journals;(f) to develop and administer guidelines for the conduct of race meetings;(g) to perform 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 TOTE Tasmania
[Section 16K of Part III Inserted by No. 58 of 1997, s. 22, Applied:01 May 1998](1) [Section 16K Subsection (1) amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] [Section 16K Subsection (1) amended by No. 83 of 1999, s. 12, Applied:01 Dec 1999] TOTE Tasmania may give a Council any directions that TOTE Tasmania 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) [Section 16K Subsection (2) amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] [Section 16K Subsection (2) amended by No. 83 of 1999, s. 12, Applied:01 Dec 1999] TOTE Tasmania'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) [Section 16K Subsection (3) amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] [Section 16K Subsection (3) amended by No. 83 of 1999, s. 12, Applied:01 Dec 1999] TOTE Tasmania may revoke or amend a direction given to a Council.(4) [Section 16K Subsection (4) amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] [Section 16K Subsection (4) substituted by No. 83 of 1999, s. 12, Applied:01 Dec 1999] A Council is bound by a written direction by TOTE Tasmania.
[Section 16L of Part III Inserted by No. 58 of 1997, s. 22, Applied:01 May 1998](1) [Section 16L Subsection (1) amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] [Section 16L Subsection (1) amended by No. 83 of 1999, s. 13, Applied:01 Dec 1999] Each Council must, before 31 October in each year, submit a report to TOTE Tasmania on its activities for the financial year ending on 31 July of that year.(2) [Section 16L Subsection (2) amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] [Section 16L Subsection (2) substituted by No. 83 of 1999, s. 13, Applied:01 Dec 1999] In addition to a report under subsection (1) , TOTE Tasmania may require a Council to submit a report at any time on any matter relating to its code of racing.
17. Constitution of Tasmanian Thoroughbred Racing Council
[Section 17 Substituted by No. 111 of 1993, s. 7 ][Section 18 Substituted by No. 111 of 1993, s. 7 ][Section 18 Repealed by No. 58 of 1997, s. 26, Applied:01 May 1998] . . . . . . . .(1) [Section 17 Subsection (1) omitted by No. 58 of 1997, s. 25, Applied:01 May 1998] . . . . . . . .(2) [Section 17 Subsection (2) amended by No. 58 of 1997, s. 25, Applied:01 May 1998] [Section 17 Subsection (2) amended by No. 17 of 1995, s. 5 ]The Council consists of 8 persons of whom–(a) 2 persons are nominated by the Tasmanian Racing Club; and(b) 2 persons are nominated by the Tasmanian Turf Club; and(c) one person is nominated by the Devonport Racing Club; and(d) [Section 17 Subsection (2) amended by S.R. 1997, No. 114, Applied:07 Aug 1997] one person is nominated by the Thoroughbred Breeders Tasmania; and(e) one person is nominated by the Tasmanian Racehorse Owners Association State Council; and(f) [Section 17 Subsection (2) amended by No. 58 of 1997, s. 25, Applied:01 May 1998] one person is elected as prescribed by persons licensed under the Rules of Racing.(3) [Section 17 Subsection (3) substituted by No. 58 of 1997, s. 25, Applied:01 May 1998] The members, other than the elected member referred to in subsection (2)(f) , are appointed by the Minister.(3A) [Section 17 Subsection (3A) inserted by No. 58 of 1997, s. 25, Applied:01 May 1998] The members must appoint a member as chairperson and another member as deputy chairperson.(4) If a body referred to in paragraph (a) , (b) , (c) , (d) or (e) of subsection (2) changes its name or ceases to exist, the Minister may, by order, amend that paragraph by substituting –(a) the name of the body as changed; or(b) the name of a body which the Minister is satisfied represents the interests represented by the body which ceases to exist.(5) If a nomination under subsection (2) is not made when required to be made, the Minister may appoint an appropriate person without such a nomination.(6) If a member of the Council is absent from office, the Minister, on the nomination of the relevant body referred to in subsection (2) , may appoint a person to act in the office of that member during that absence.(7) A body which nominates a member to the Council may also nominate a proxy under the prescribed conditions.(7A) [Section 17 Subsection (7A) inserted by No. 83 of 1999, s. 14, Applied:01 Dec 1999] The member referred to in subsection (2)(f) may nominate a proxy under the prescribed conditions.(8) [Section 17 Subsection (8) substituted by No. 58 of 1997, s. 25, Applied:01 May 1998] 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) [Section 17 Subsection (8A) inserted by No. 58 of 1997, s. 25, Applied:01 May 1998] 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.(9) [Section 17 Subsection (9) amended by No. 58 of 1997, s. 25, Applied:01 May 1998] Schedule 1 has effect in relation to the membership of the Council.(10) [Section 17 Subsection (10) omitted by No. 58 of 1997, s. 25, Applied:01 May 1998] . . . . . . . .
19. Specific functions and powers of Tasmanian Thoroughbred Racing Council
[Section 19 Substituted by No. 111 of 1993, s. 7 ][Section 19 Subsection (1) substituted by No. 58 of 1997, s. 27, Applied:01 May 1998] [Section 19 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 19 Subsection (4) omitted by No. 58 of 1997, s. 27, Applied:01 May 1998] [Section 19 Substituted by No. 83 of 1999, s. 15, Applied:01 Dec 1999] Pursuant to section 16J , the Council controls thoroughbred horse racing in Tasmania.
Division 3 - [Division 3 of Part III Heading inserted by No. 58 of 1997, s. 28, Applied:01 May 1998] Tasmanian Harness Racing Council[Section 19A Inserted by No. 111 of 1993, s. 7 ][Section 19A Repealed by No. 58 of 1997, s. 29, Applied:01 May 1998] . . . . . . . . [Section 19B Inserted by No. 111 of 1993, s. 7 ][Section 19B Repealed by No. 58 of 1997, s. 29, Applied:01 May 1998] . . . . . . . .
20. Interpretation of Division 3
[Section 20 Substituted by No. 111 of 1993, s. 7 ][Section 20 Substituted by No. 58 of 1997, s. 30, Applied:01 May 1998] In this Division,Council means the Tasmanian Harness Racing Council.
20A. Constitution of Tasmanian Harness Racing Council
[Section 20A Substituted by No. 123 of 1985, s. 8 ][Section 20A Substituted by No. 58 of 1997, s. 30, Applied:01 May 1998](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
[Section 20B Repealed by No. 111 of 1993, s. 8 ][Section 20B Substituted by No. 58 of 1997, s. 30, Applied:01 May 1998] Pursuant to section 16J , the Council controls harness racing in Tasmania.
21AA. Interpretation of Division 4
[Section 21AA Inserted by No. 58 of 1997, s. 33, Applied:01 May 1998] In this Division,Council means the Tasmanian Greyhound Racing Council.
Division 4 - [Division 4 of Part III Heading inserted by No. 58 of 1997, s. 32, Applied:01 May 1998] Tasmanian Greyhound Racing Council
21. Constitution of Tasmanian Greyhound Racing Council
[Section 21 Subsection (2) substituted by No. 22 of 1990, s. 10 ][Section 21 Substituted by No. 58 of 1997, s. 34, Applied:01 May 1998](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
[Section 22 Substituted by No. 58 of 1997, s. 34, Applied:01 May 1998] Pursuant to section 16J , the Council controls greyhound racing in Tasmania.[Section 23 Subsection (1) amended by No. 22 of 1990, s. 11 and s. 14 ][Section 23 Repealed by No. 58 of 1997, s. 35, Applied:01 May 1998] . . . . . . . . [Section 24 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 24 Repealed by No. 58 of 1997, s. 35, Applied:01 May 1998] . . . . . . . . [Section 24A Inserted by No. 35 of 1984, s. 10 ][Section 24A Repealed by No. 58 of 1997, s. 35, Applied:01 May 1998] . . . . . . . .
PART V - The Tasmanian Racing Appeal Board
25. The Tasmanian Racing Appeal Board
[Section 25 Subsection (2) amended by No. 22 of 1990, s. 14 ](1) There is constituted by this Act a board to be known as the Tasmanian Racing Appeal Board.(2) [Section 25 Subsection (2) amended by No. 83 of 1999, s. 16, Applied:01 Dec 1999] [Section 25 Subsection (2) amended by No. 86 of 1987, s. 5 ]RAB is to consist of 8 members appointed by the Governor, of whom one, who shall be chairperson, shall be a legal practitioner and one, who shall be deputy chairperson, shall also be a legal practitioner.(3) [Section 25 Subsection (3) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 25 Subsection (3) added by No. 35 of 1984, s. 11 ] Schedule 1 has effect with respect to the constitution and membership of RAB.(4) [Section 25 Subsection (4) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 25 Subsection (4) added by No. 32 of 1986, s. 5 ]A person is not eligible to be appointed, or continue, as a member of RAB if he is or becomes–(a) a bookmaker or a bookmaker's clerk;(b) the trainer of a galloping-horse, a trotting-horse, or a dog used for greyhound racing; or(c) a rider or driver of horses (whether professionally or not) in races for galloping-horses or for trotting-horses.
25A. Powers and functions of deputy chairperson of RAB
[Section 25A Inserted by No. 35 of 1984, s. 12 ][Section 25A Amended by No. 22 of 1990, s. 14 ][Section 25A Amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] The deputy chairperson of RAB shall assist the chairperson of RAB in the exercise and performance of the chairperson's powers and functions under this Part and shall act as the chairperson during any absence from office of the chairperson and during any vacancy in the office of the chairperson and, while so acting, the deputy chairperson shall exercise and perform the powers and functions of the chairperson as fully and effectively as they may be exercised and performed by the chairperson.
25B. Delegation by chairperson
[Section 25B Inserted by No. 32 of 1986, s. 6 ](1) [Section 25B Subsection (1) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 25B Subsection (1) amended by No. 22 of 1990, s. 14 ]The chairperson of RAB may by instrument in writing delegate to the deputy chairperson of RAB the performance or exercise of such of his functions and powers under this Act or any other Act (other than this power of delegation) as are specified in the instrument, and may, by instrument in writing, revoke wholly or in part any such delegation.(2) A function or power, the performance or exercise of which has been delegated under this section, may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation.(3) A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument.(4) [Section 25B Subsection (4) amended by No. 22 of 1990, s. 14 ]Notwithstanding any delegation under this section, the chairperson may continue to perform or exercise all or any of the functions or powers delegated.(5) [Section 25B Subsection (5) amended by No. 22 of 1990, s. 14 ]Any act or thing done by or to the deputy chairperson while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done by or to the chairperson and shall be deemed to have been done by or to the chairperson.(6) [Section 25B Subsection (6) amended by No. 22 of 1990, s. 14 ]An instrument purporting to be signed by the deputy chairperson in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the chairperson and, until the contrary is proved, shall be deemed to be an instrument signed by the deputy chairperson under this section.
26. Appeals to RAB from certain decisions
[Section 26 Substituted by No. 35 of 1984, s. 13 ][Section 26 Amended by No. 86 of 1987, s. 6 ][Section 26 Amended by No. 50 of 1996, s. 4 ][Section 26 Subsection (2) amended by No. 22 of 1990, s. 14 ][Section 26 Subsection (11) amended by No. 50 of 1996, s. 4 ](1) [Section 26 Subsection (1) substituted by No. 32 of 1986, s. 7 ][Section 26 Subsection (1) substituted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] Subject to subsection (1A) , a person (in this section referred to as the appellant) who is aggrieved by a decision of an appropriate Council, a racing club or the stewards of such a club –may, within 14 days after the making of the decision or, in the situation referred to in paragraph (d) , the giving of the notice, appeal to RAB.(a) imposing a suspension or disqualification; or(b) imposing a disqualification of a horse or greyhound in circumstances resulting in the forfeiture by the owner or lessee of the horse or greyhound of prize money exceeding $500; or(c) imposing a fine; or(d) in the case of a committee or appropriate Council, giving a notice under section 39 (1) of the Racing and Gaming Act 1952 (commonly referred to as a warning-off) –(1A) [Section 26 Subsection (1A) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] [Section 26 Subsection (1A) inserted by No. 50 of 1996, s. 4 ]No appeal lies under subsection (1)(b) if–(a) the disqualification of the horse or greyhound was imposed by the stewards of a racing club immediately after a race in which the horse or greyhound was entered; and(b) the stewards imposed the disqualification as a result of a protest made to them in relation to an incident that occurred during the race.(2) [Section 26 Subsection (2) amended by No. 86 of 1987, s. 6 ][Section 26 Subsection (2) substituted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] A person who is aggrieved by a decision of the Director under Part V of the Racing and Gaming Act 1952 for –may, within 14 days after the making of the decision, appeal to RAB.(a) the cancellation or suspension of a certificate of registration as a bookmaker; or(b) the disqualification from the grant of any such certificate; or(c) the cancellation or suspension of a telephone betting endorsement on any such certificate or the refusal to grant or to make any such telephone betting endorsement; or(d) the imposition of a fine; or(e) the refusal to grant any such certificate or make any such endorsement –(2A) [Section 26 Subsection (2A) inserted by No. 86 of 1987, s. 6 ][Section 26 Subsection (2A) omitted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] . . . . . . . .(3) [Section 26 Subsection (3) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 26 Subsection (3) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] An appeal under this section is to be instituted by lodging a written notice of appeal with the secretary to RAB.(3A) [Section 26 Subsection (3A) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 26 Subsection (3A) inserted by No. 32 of 1986, s. 7 ]At the time of lodging his notice of appeal, the appellant shall cause to be deposited with the secretary to RAB the sum of $200.(4) [Section 26 Subsection (4) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] A notice of appeal under this section is to specify–(a) the name and address of the appellant;(b) the decision appealed from; and(c) the grounds of appeal.(5) [Section 26 Subsection (5) amended by No. 22 of 1990, s. 14 ][Section 26 Subsection (5) substituted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] On the lodgment with him or her of a notice of appeal under this section, the secretary of RAB is to request the chairperson of RAB to fix a time and place for the hearing of the appeal.(5A) [Section 26 Subsection (5A) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 26 Subsection (5A) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] [Section 26 Subsection (5A) inserted by No. 32 of 1986, s. 7 ]An appeal under this section is not to be withdrawn (or abandoned) except with the leave of the chairperson of RAB who, in granting such leave, may direct that the sum of money lodged in respect of the appeal be dealt with as he thinks fit.(5B) [Section 26 Subsection (5B) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 26 Subsection (5B) inserted by No. 32 of 1986, s. 7 ]An application for leave to withdraw (or abandon) an appeal shall be in writing and addressed to the secretary of RAB.(6) [Section 26 Subsection (6) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] On the time and place for the hearing of an appeal under this section being fixed pursuant to subsection (5) , the secretary to RAB is to–(a) give notice of that time and place by post to the address of the appellant as specified in the notice of appeal; and(b) [Section 26 Subsection (6) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] by post, serve on the Director, appropriate Council, secretary of the club or the stewards of the club, as the case may be, a copy of the notice of appeal, together with a notice of that time and place.(6A) [Section 26 Subsection (6A) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] [Section 26 Subsection (6A) inserted by No. 32 of 1986, s. 7 ]At the hearing of an appeal under this section, RAB may, if it considers in the circumstances of the case that it would be just to do so, permit the appellant to amend the grounds of appeal.(6B) [Section 26 Subsection (6B) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 26 Subsection (6B) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] [Section 26 Subsection (6B) inserted by No. 39 of 1991, s. 3 ]Where RAB is satisfied that, on evidence produced at the hearing of an appeal under this section, the appellant is not guilty of the offence in respect of which the Director, appropriate Council, club or stewards has or have found the appellant guilty and imposed a suspension, disqualification or fine, or given a notice, under that subsection but may be guilty of an alternative offence with which he or she could be charged by the Director, appropriate Council, club or stewards, RAB may, if it considers it just to do so and with the consent of the appellant, make any decision which the Director, appropriate Council, club or stewards could make in relation to the alternative offence.(7) [Section 26 Subsection (7) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] [Section 26 Subsection (7) amended by No. 32 of 1986, s. 7 ]At the hearing of an appeal under this section, RAB may confirm, vary, or quash the decision in respect of which the appeal was made and shall order that the sum deposited pursuant to subsection (3A) be refunded to the appellant unless it is of the opinion that the appeal was frivolous or vexatious and orders that the whole or part of the sum be forfeited.(7A) [Section 26 Subsection (7A) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] [Section 26 Subsection (7A) inserted by No. 32 of 1986, s. 7 ]Any money not refunded to the appellant shall be paid to the Director.(8) [Section 26 Subsection (8) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] RAB is to cause notice of its determination in relation to an appeal under this section to be given to the parties to the appeal.(9) [Section 26 Subsection (9) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 26 Subsection (9) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] A determination of RAB in relation to an appeal under this section is final and shall be deemed to be the decision of the Director, appropriate Council or club, or of the stewards of the club, to which the determination relates.(10) [Section 26 Subsection (10) amended by No. 83 of 1999, s. 17, Applied:01 Dec 1999] [Section 26 Subsection (10) amended by No. 50 of 1996, s. 4 ]Notwithstanding any law or rule of law to the contrary or anything contained in the Rules of Racing or in the constitution, rules, or articles of a Council or racing club, an appeal may not, after the commencement of the Racing Amendment Act 1984 , be made to the committee of such a Council or club in respect of a decision in relation to which an appeal lies to RAB under this section.(11) [Section 26 Subsection (11) amended by No. 86 of 1987, s. 6 ][Section 26 Subsection (11) omitted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] . . . . . . . .(11A) [Section 26 Subsection (11A) inserted by No. 32 of 1986, s. 7 ][Section 26 Subsection (11A) omitted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] . . . . . . . .(11B) [Section 26 Subsection (11B) inserted by No. 39 of 1991, s. 3 ][Section 26 Subsection (11B) omitted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] . . . . . . . .(11C) [Section 26 Subsection (11C) inserted by No. 39 of 1991, s. 3 ][Section 26 Subsection (11C) omitted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] . . . . . . . .(11D) [Section 26 Subsection (11D) inserted by No. 39 of 1991, s. 3 ][Section 26 Subsection (11D) omitted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] . . . . . . . .(11E) [Section 26 Subsection (11E) inserted by No. 39 of 1991, s. 3 ][Section 26 Subsection (11E) omitted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] . . . . . . . .(11F) [Section 26 Subsection (11F) inserted by No. 39 of 1991, s. 3 ][Section 26 Subsection (11F) omitted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] . . . . . . . .(12) [Section 26 Subsection (12) omitted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] . . . . . . . .(12A) [Section 26 Subsection (12A) inserted by No. 32 of 1986, s. 7 ][Section 26 Subsection (12A) omitted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] . . . . . . . .(13) [Section 26 Subsection (13) omitted by No. 83 of 1999, s. 17, Applied:01 Dec 1999] . . . . . . . .
(1) [Section 27 Subsection (1) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] On the hearing of an appeal, RAB–(a) shall make a full and thorough investigation without regard to legal forms and solemnities;(b) may admit any evidence considered relevant notwithstanding that that evidence would not be admissible in a court of law; and(c) shall observe the principles of natural justice.(2) [Section 27 Subsection (2) substituted by No. 71 of 1995, s. 3 and Sched. 1 ] Section 8 and Part 3 of the Commissions of Inquiry Act 1995 apply to the proceedings in an appeal as if –(a) [Section 27 Subsection (2) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] RAB were a Commission established under section 4 of that Act ; and(b) the appeal were the inquiry being conducted by that Commission under that Act.(3) [Section 27 Subsection (3) amended by No. 71 of 1995, s. 3 and Sched. 1 ]A person who is present at the hearing of an appeal for the purpose of giving evidence when summoned so to do is entitled to be paid such fees, allowances, and sums by way of reimbursement of expenses as are prescribed in the regulations.(4) [Section 27 Subsection (4) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] Subject to this section and to any regulations made pursuant to section 30 , RAB may regulate its own procedure.
28. Constitution of RAB for purpose of hearing an appeal
[Section 28 Amended by No. 22 of 1990, s. 14 ](1) [Section 28 Subsection (1) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] For the hearing of an appeal, RAB is properly constituted by at least 3 members.(2) [Section 28 Subsection (2) amended by No. 22 of 1990, s. 14 ]The chairperson –(a) [Section 28 Subsection (2) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] has the responsibility of nominating the members who shall constitute RAB for each appeal; and(b) shall, as often as practicable, nominate himself or the deputy chairperson as such a member.(2A) [Section 28 Subsection (2A) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 28 Subsection (2A) inserted by No. 35 of 1984, s. 14 ]The chairperson shall preside at all hearings of RAB at which he is present.(3) [Section 28 Subsection (3) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 28 Subsection (3) substituted by No. 35 of 1984, s. 14 ]If the chairperson is not present at a hearing of RAB, the deputy chairperson or, if he is also absent from the hearing, such other member of RAB as the members present elect, shall preside at that hearing.(4) [Section 28 Subsection (4) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 28 Subsection (4) added by No. 32 of 1986, s. 8 ]If, in the case of an appeal–then he is not eligible to sit as a member of RAB to hear the appeal.(a) [Section 28 Subsection (4) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 28 Subsection (4) amended by No. 83 of 1999, s. 18, Applied:01 Dec 1999] in respect of a decision of a horse-racing club, the stewards of such a club, or the appropriate Council, a member of RAB is the owner or lessee of a galloping-horse;(b) [Section 28 Subsection (4) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 28 Subsection (4) amended by No. 83 of 1999, s. 18, Applied:01 Dec 1999] in respect of a decision of a harness racing club, the stewards of such a club, or the appropriate Council, a member of RAB is the owner or lessee of a trotting-horse; or(c) [Section 28 Subsection (4) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 28 Subsection (4) amended by No. 83 of 1999, s. 18, Applied:01 Dec 1999] in respect of a decision of a greyhound racing club, the stewards of such a club, or the appropriate Council, a member of RAB is the owner or lessee of a dog used for greyhound racing–
28A. Protection of members of RAB, &c.
[Section 28A Inserted by No. 39 of 1991, s. 4 ](1) [Section 28A Subsection (1) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] A member of RAB has, in the performance of duties as a member, the same protection and immunity as a judge of the Supreme Court.(2) [Section 28A Subsection (2) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] A person appearing before RAB on behalf of a party to proceedings before RAB has the same protection and immunity as a barrister appearing for a party in proceedings in the Supreme Court.
[Section 29 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 29 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 29 Amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] [Section 29 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Secretary of the Department may appoint a State Service officer or State Service employee employed in the Department to be secretary to RAB and that officer or employee may hold office as secretary in conjunction with State Service employment.
(1) The Governor may make regulations for the purposes of this Part.(2) Without limiting the generality of subsection (1) , regulations made under that subsection may make provision for –(a) the time and manner for lodging appeals;(b) forms to be used and fees to be paid; and(c) [Section 30 Subsection (2) amended by No. 83 of 1999, Sched. 2, Applied:01 Dec 1999] remuneration and allowances for members of RAB.(3) A regulation under this section may authorize any matter or thing to be from time to time determined, applied, or regulated by any person specified in the regulation.
31. Suspension of penalty pending appeal
[Section 31 Subsection (1) amended by No. 22 of 1990, s. 14 ](1) [Section 31 Subsection (1) amended by No. 86 of 1987, s. 7 ]The chairperson may, in his absolute discretion and subject to such conditions as he considers fit, suspend the operation of a penalty pending the hearing and determination of an appeal.(2) [Section 31 Subsection (2) omitted by No. 83 of 1999, s. 19, Applied:01 Dec 1999] . . . . . . . .
PART VI - [Part VI Heading inserted by No. 58 of 1997, s. 36, Applied:01 May 1998] Miscellaneous[Section 32 Inserted by No. 35 of 1984, s. 15 ][Section 32 Repealed by No. 58 of 1997, s. 37, Applied:01 May 1998] . . . . . . . .
[Section 33 Inserted by No. 50 of 1996, s. 4 ](1) [Section 33 Subsection (1) omitted by No. 58 of 1997, s. 38, Applied:01 May 1998] . . . . . . . .(2) [Section 33 Subsection (2) amended by No. 58 of 1997, s. 38, Applied:01 May 1998] A Rule of Racing is not a statutory rule within the meaning of the Rules Publication Act 1953 .(3) [Section 33 Subsection (3) amended by No. 58 of 1997, s. 38, Applied:01 May 1998] Sections 47(3) and (10) of the Acts Interpretation Act 1931 do not apply to a Rule of Racing.(4) [Section 33 Subsection (4) amended by No. 58 of 1997, s. 38, Applied:01 May 1998] A Rule of Racing made by the Tasmanian Greyhound Racing Board or Tasmanian Thoroughbred Racing Council under this Act, or by the Tasmanian Harness Racing Board under the Tasmanian Harness Racing Board Act 1976 , before the commencement of the Racing Legislation Amendment Act 1996 is taken to have been validly made and promulgated and to have had full force and effect as a Rule of Racing even if the rule was not made and dealt with in accordance with the Rules Publication Act 1953 or sections 47(3) and (10) of the Acts Interpretation Act 1931 .(5) [Section 33 Subsection (5) amended by No. 58 of 1997, s. 38, Applied:01 May 1998] No action lies in respect of a matter determined, or an action taken or omitted to be taken, by a person or body in good faith under a Rule of Racing made before the commencement of the Racing Legislation Amendment Act 1996 by reason only that the rule was not made and dealt with in accordance with the Rules Publication Act 1953 or sections 47(3) and (10) of the Acts Interpretation Act 1931 .(6) [Section 33 Subsection (6) omitted by No. 58 of 1997, s. 39, Applied:01 May 1998] . . . . . . . .(7) [Section 33 Subsection (7) omitted by No. 58 of 1997, s. 39, Applied:01 May 1998] . . . . . . . .
[Section 34 Inserted by No. 58 of 1997, s. 40, Applied:01 May 1998](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) [Section 34 Subsection (3) amended by No. 83 of 1999, s. 20, Applied:01 Dec 1999] authorise any matter to be determined, applied or regulated by the Minister, the Director 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.(5) [Section 34 Subsection (5) inserted by No. 83 of 1999, s. 20, Applied:01 Dec 1999] The Governor may make regulations of a savings or transitional nature for the purposes of this Act, consequent on the enactment of the Racing Amendment Act 1997 or the Racing Amendment (Restructuring) Act 1999 .(6) [Section 34 Subsection (6) inserted by No. 83 of 1999, s. 20, Applied:01 Dec 1999] A provision referred to in subsection (5) may take effect on the day proclaimed under section 2 of the Racing Amendment Act 1997 , the relevant day or a later day.
[Section 35 Inserted by No. 58 of 1997, s. 40, Applied:01 May 1998](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.
PART 7 - [Part 7 Heading inserted by No. 83 of 1999, s. 22, Applied:01 Dec 1999] Savings and transitional provisions
35A. Dissolution of Racing Tasmania
[Section 35A Inserted by No. 83 of 1999, s. 21, Applied:01 Dec 1999] On and from the relevant day, the body corporate known as Racing Tasmania, as constituted under Part II immediately before that day, is dissolved and the members of that body cease to hold office as such.
36. Savings and transitional provisions
[Section 36 Inserted by No. 58 of 1997, s. 40, Applied:01 May 1998](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) [Section 36 Subsection (3) amended by No. 83 of 1999, s. 23, Applied:01 Dec 1999] 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 RAB 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) [Section 36 Subsection (6) omitted by No. 83 of 1999, s. 23, Applied:01 Dec 1999] . . . . . . . .(7) [Section 36 Subsection (7) omitted by No. 83 of 1999, s. 23, Applied:01 Dec 1999] . . . . . . . .
In this Part –the Board means the Tasmanian Principal Clubs Board as in existence immediately before 1 February 1994;the commencement day means the day fixed by proclamation under section 2(2) of the Racing Amendment Act (No. 2) 1985 ;instrument means a document, other than an Act, that creates, evidences, modifies, or extinguishes rights and obligations.
On and after the commencement day, unless the contrary intention appears, where in an instrument that was in force immediately before that day there is a reference to the Board, that instrument continues in force as if that reference were a reference to the Council.
(1) Where, immediately before the commencement day, any rules made by the Board under section 20A are in force, those rules are, on and after that day, deemed to be rules –(a) made by the Council under that section; and(b) approved by the Minister, as required by that section.(2) A reference to the Board in the rules mentioned in subsection (1) are, on and after the commencement day, deemed to be a reference to the Council.
40. Effect of dissolution of former Authority
[Section 40 Inserted by No. 83 of 1999, s. 25, Applied:01 Dec 1999] On and after the relevant day –(a) [Section 40 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] all of the property that, immediately before the relevant day, was vested in the former Authority vests in and belongs to TOTE Tasmania and all responsibility for the management and control of that property vests in TOTE Tasmania, unless the Minister, by notice published in the Gazette, otherwise orders; and(b) [Section 40 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] where any estate or interest in land under the Land Titles Act 1980 vests in TOTE Tasmania under paragraph (a) , TOTE Tasmania is, notwithstanding any provision of that Act to the contrary, taken to be the registered proprietor of that estate or interest and may deal with it accordingly; and(c) [Section 40 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] the Recorder of Titles may register an instrument relating to an estate or interest in land referred to in this section executed by TOTE Tasmania, if the instrument is in a registrable form, notwithstanding that TOTE Tasmania is not recorded as the registered proprietor of that estate or interest in the Register kept under the Land Titles Act 1980 ; and(d) [Section 40 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] any liabilities of the former Authority existing immediately before the relevant day become liabilities of TOTE Tasmania; and(e) [Section 40 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] legal proceedings pending immediately before the relevant day which were instituted by or against the former Authority may be continued by or against TOTE Tasmania; and(f) [Section 40 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] legal proceedings that could have been instituted before the relevant day by or against the former Authority may be instituted by or against TOTE Tasmania; and(g) [Section 40 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] a judgment or order of a court obtained before the relevant day by or against the former Authority may be enforced by or against TOTE Tasmania; and(h) [Section 40 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] a document addressed to the former Authority may be served on TOTE Tasmania; and(i) [Section 40 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] a contract made or entered into by the former Authority before the relevant day but not performed or discharged before that day is taken to have been made or entered into by TOTE Tasmania; and(j) [Section 40 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] where, in any instrument in force immediately before the relevant day, there is a reference to the former Authority, the instrument has effect on and from that day, except in so far as the context or subject matter otherwise indicates or requires, as if the reference were a reference to TOTE Tasmania or included a reference to TOTE Tasmania.
[Section 41 Inserted by No. 83 of 1999, s. 25, Applied:01 Dec 1999] As soon as practicable after the relevant day, the accounts and records of the former Authority are to be audited in accordance with Part 3 of the Financial Management and Audit Act 1990 .
42. Office of Council members not affected
[Section 42 Inserted by No. 83 of 1999, s. 25, Applied:01 Dec 1999] The amendments made by the Racing Amendment (Restructuring) Act 1999 do not affect the tenure or term of office of a person who immediately before the relevant day was a member of a Council.
43. Transitional provisions arising from Racing Amendment (Restructuring) Act 1999
[Section 43 Inserted by No. 83 of 1999, s. 25, Applied:01 Dec 1999] Schedule 3 has effect in respect of transitional provisions arising from the Racing Amendment (Restructuring) Act 1999 .
SCHEDULE 1 - [Schedule 1 Heading amended by No. 35 of 1984, s. 16 ][Schedule 1 Heading amended by No. 123 of 1985, s. 9 ][Schedule 1 Heading amended by No. 22 of 1990, s. 14 ]Further provisions relating to membership of councils and RAB[Schedule 1 Amended by No. 83 of 1999, s. 26, Applied:01 Dec 1999] [Schedule 1 Amended by No. 17 of 1996, Applied:17 Jul 1998]
Sections 6 (4) , 17 (6) , 21 (4) , 25 (3)
1. Interpretation[Schedule 1 Clause 1 substituted by No. 17 of 1995, s. 6 ][Schedule 1 Amended by No. 58 of 1997, s. 43, Applied:01 May 1998] In this Schedule,[Schedule 1 Amended by No. 83 of 1999, s. 26, Applied:01 Dec 1999][Schedule 1 Amended by No. 83 of 1999, s. 26, Applied:01 Dec 1999] administering body means a Council or RAB.
2. [Schedule 1 Clause 2 repealed by No. 22 of 1990, s. 12 ]. . . . . . . .
3. State employee appointed as member of administering authority[Schedule 1 Clause 3 substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Schedule 1 Clause 3Subclause (3) omitted by No. 5 of 1990, s. 3 and Sched. 1 ](1) [Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Schedule 1 Amended by No. 58 of 1997, s. 43, Applied:01 May 1998] A State Service officer or State Service employee may hold office as a member of an administering body in conjunction with State Service employment.(2) [Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Schedule 1 Amended by No. 58 of 1997, s. 43, Applied:01 May 1998] The members of an administering body are not, as such, subject to the provisions of the State Service Act 2000 .(3) . . . . . . . .
4. Remuneration of members[Schedule 1 Clause 4 amended by No. 29 of 1984, s. 3 and Sched. 1 ](1) [Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Schedule 1 Amended by No. 58 of 1997, Sched. 1, Applied:01 May 1998] [Schedule 1 Amended by No. 58 of 1997, s. 43, Applied:01 May 1998] A member of an administering body (other than a person who is a State Service officer or State Service employee) is entitled to be paid from the funds of the administering body such remuneration (if any) and allowances as the Governor may from time to time determine in respect of him.(2) [Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Schedule 1 Amended by No. 58 of 1997, Sched. 1, Applied:01 May 1998] [Schedule 1 Amended by No. 58 of 1997, s. 43, Applied:01 May 1998] A member of an administering body who is a State Service officer or State Service employee is entitled to be paid from the funds of the administering body such travelling and subsistence allowances as the Governor may from time to time determine in respect of him.
5. Vacation of office[Schedule 1 Clause 5Subclause (1) amended by No. 22 of 1990, s. 12 ][Schedule 1 Clause 5Subclause (1) amended by No. 17 of 1995, s. 6 ][Schedule 1 Clause 5Subclause (2) amended by No. 22 of 1990, s. 12 ][Schedule 1 Clause 5Subclause (3) inserted by No. 17 of 1995, s. 6 ][Schedule 1 Clause 5Subclause (4) omitted by No. 5 of 1990, s. 3 and Sched. 1 ](1) [Schedule 1 Amended by No. 58 of 1997, s. 43, Applied:01 May 1998] The office of a member of an administering body becomes vacant–(a) [Schedule 1 Amended by No. 58 of 1997, s. 43, Applied:01 May 1998] when the term for which he was appointed or elected to hold office expires;(b) when he dies;(c) if he becomes bankrupt, applies to take the benefits of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit;(d) [Schedule 1 Amended by No. 58 of 1997, s. 44, Applied:01 May 1998] if he is absent from 3 consecutive ordinary meetings of the administering body of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by the administering body or, unless, before the expiration of 3 weeks after the last of those meetings, he is excused by the administering body for his absence from those meetings;(e) [Schedule 1 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] . . . . . . . .(f) if he is convicted in this State of a crime or an offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable;(fa) [Schedule 1 Amended by No. 58 of 1997, s. 45, Applied:01 May 1998] if, under this Act, the member ceases to be eligible to hold the office; or(g) [Schedule 1 Amended by No. 58 of 1997, s. 46, Applied:01 May 1998] if he is convicted of an offence against this Act or the Racing and Gaming Act 1952 ;(h) [Schedule 1 Amended by No. 58 of 1997, s. 46, Applied:01 May 1998] if he resigns his office by writing under his hand addressed to the Minister and the Minister accepts the resignation; or(i) [Schedule 1 Amended by No. 58 of 1997, s. 47, Applied:01 May 1998] if he is removed from office by the Minister under subclause (3) .(2) [Schedule 1 Amended by No. 58 of 1997, s. 48, Applied:01 May 1998] . . . . . . . .(3) [Schedule 1 Amended by No. 58 of 1997, s. 49, Applied:01 May 1998] The Minister may remove a member of an administering body from office for misbehaviour or incompetence.(4) . . . . . . . .
6. [Schedule 1 Clause 6 amended by No. 22 of 1990, s. 12 ][Schedule 1 Amended by No. 58 of 1997, Sched. 1, Applied:01 May 1998] . . . . . . . .
6A. Vacancy in office of member appointed by Minister[Schedule 1 Clause 6A inserted by No. 17 of 1995, s. 6 ][Schedule 1 Amended by No. 58 of 1997, s. 43, Applied:01 May 1998] On the occurrence of a vacancy in the office of a member of an administering body appointed by the Minister, otherwise than by the expiration of the term for which the member was appointed, the Minister may appoint a person to the vacant office for the residue of the person's predecessor's term of office.
7. [Schedule 1 Clause 7 amended by No. 22 of 1990, s. 12 ][Schedule 1 Clause 7 amended by No. 17 of 1995, s. 6 ][Schedule 1 Amended by No. 58 of 1997, Sched. 1, Applied:01 May 1998] . . . . . . . .
8. Validity of proceedings, &c.(1) [Schedule 1 Amended by No. 58 of 1997, Sched. 2, Applied:01 May 1998] [Schedule 1 Amended by No. 58 of 1997, s. 43, Applied:01 May 1998] No act or proceeding of an administering body or of any person acting pursuant to any direction of an administering body is invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken, or commenced, there was a vacancy in the membership of the administering body.(2) [Schedule 1 Amended by No. 58 of 1997, Sched. 2, Applied:01 May 1998] [Schedule 1 Amended by No. 58 of 1997, s. 42, Applied:01 May 1998] All acts and proceedings of an administering body or of any person acting pursuant to any direction of an administering body are, notwithstanding the subsequent discovery of any defect in the appointment or election of any member of the administering body or that any person was disqualified from acting as, or incapable of being, a member of the administering body, as valid as if the member had been duly appointed or elected and was qualified to act as, or capable of being, a member, and as if the administering body had been fully constituted.
9. Presumptions[Schedule 1 Amended by No. 58 of 1997, s. 41, Applied:01 May 1998] In any proceedings by or against an administering body, unless evidence is given to the contrary, no proof shall be required of–(a) [Schedule 1 Amended by No. 58 of 1997, Sched. 2, Applied:01 May 1998] the constitution of the administering body;(b) [Schedule 1 Amended by No. 58 of 1997, Sched. 2, Applied:01 May 1998] any resolution of the administering body;(c) [Schedule 1 Amended by No. 58 of 1997, Sched. 2, Applied:01 May 1998] the appointment or election of any member of the administering body; or(d) [Schedule 1 Amended by No. 58 of 1997, Sched. 2, Applied:01 May 1998] the presence of a quorum at any meeting of the administering body.
SCHEDULE 1A[Schedule 1A Repealed by No. 29 of 1984, s. 3 and Sched. 1 ]
SCHEDULE 2 - Meetings of Councils[Schedule 2 Amended by No. 83 of 1999, s. 27, Applied:01 Dec 1999] [Schedule 2 Heading amended by No. 123 of 1985, s. 10 ][Schedule 2 Heading amended by No. 22 of 1990, s. 14 ][Schedule 2 Heading amended by No. 111 of 1993, s. 9 ][Schedule 2 Clause 1 amended by No. 123 of 1985, s. 10 ][Schedule 2 Clause 1 amended by No. 22 of 1990, s. 14 ][Schedule 2 Clause 1 amended by No. 111 of 1993, s. 9 ][Schedule 2 Clause 3Subclause (1) substituted by No. 22 of 1990, s. 13 ][Schedule 2 Clause 3Subclause (1A) omitted by No. 111 of 1993, s. 9 ][Schedule 2 Clause 3Subclause (1B) inserted by No. 32 of 1986, s. 9 ][Schedule 2 Clause 4Subclause (1) amended by No. 22 of 1990, s. 14 ][Schedule 2 Substituted by No. 58 of 1997, Sched. 2, Applied:01 May 1998]
Sections 6 and 16I
1. InterpretationIn this Schedule –[Schedule 2 Amended by No. 83 of 1999, s. 27, Applied:01 Dec 1999][Schedule 2 Amended by No. 83 of 1999, Sched. 1, Applied:01 Dec 1999] meeting means a meeting of a Council.
2. Convening meetingsA meeting may be convened by the chairperson or any 2 members.
3. Quorum(1) [Schedule 2 Amended by No. 83 of 1999, s. 27, Applied:01 Dec 1999] . . . . . . . .(2) Three members constitute a quorum at any duly convened meeting of the Tasmanian Harness Racing Council or Tasmanian Greyhound Racing Council.(3) [Schedule 2 Amended by No. 83 of 1999, s. 27, Applied:01 Dec 1999] Five members constitute a quorum at any duly convened meeting of the Tasmanian Thoroughbred Racing Council.
4. Procedure at meetings(1) [Schedule 2 Amended by No. 83 of 1999, Sched. 1, Applied:01 Dec 1999] Any duly convened meeting of a Council at which a quorum is present is competent to transact any business of that Council.(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) [Schedule 2 Amended by No. 83 of 1999, Sched. 1, Applied:01 Dec 1999] A Council 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) [Schedule 2 Amended by No. 83 of 1999, Sched. 1, Applied:01 Dec 1999] A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by a Council 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 Council.(2) [Schedule 2 Amended by No. 83 of 1999, Sched. 1, Applied:01 Dec 1999] A disclosure under subclause (1) is to be recorded in the minutes and the member must not, unless the Council exclusive of that member determines otherwise –(a) [Schedule 2 Amended by No. 83 of 1999, Sched. 1, Applied:01 Dec 1999] be present during any deliberations of the Council in relation to that matter; or(b) [Schedule 2 Amended by No. 83 of 1999, Sched. 1, Applied:01 Dec 1999] take part in any decision of the Council in relation to that matter.
8. Special attendance(1) [Schedule 2 Amended by No. 83 of 1999, Sched. 1, Applied:01 Dec 1999] A Council may permit a member to participate in a particular meeting by –(a) telephone; or(b) television conference; or(c) [Schedule 2 Amended by No. 83 of 1999, Sched. 1, Applied:01 Dec 1999] another means of communication approved by the Council.(2) A member who participates in a meeting under a permission granted under this clause is taken to be present at the meeting.(3) [Schedule 2 Amended by No. 83 of 1999, Sched. 1, Applied:01 Dec 1999] A Council may allow a person to attend a meeting for the purpose of advising or informing it on any matter.
9. General procedures[Schedule 2 Amended by No. 83 of 1999, Sched. 1, Applied:01 Dec 1999] Except as provided by this Schedule, the procedures for and in relation to the conduct of the meetings of a Council are as determined by that Council.
SCHEDULE 3 - Transitional provisions arising from Racing Amendment (Restructuring) Act 1999[Schedule 3 Inserted by No. 111 of 1993, s. 10 ][Schedule 3 Clause 2 amended by No. 17 of 1995, s. 7 ][Schedule 3 Repealed by No. 58 of 1997, Sched. 2, Applied:01 May 1998] [Schedule 3 Inserted by No. 83 of 1999, s. 28, Applied:01 Dec 1999]
1. Interpretation of Schedule 3In this Schedule, unless the contrary intention appears –former Act means this Act as in force immediately before the commencement of the Restructuring Act;former employee means a person who, immediately before the relevant day –but does not include the person appointed as Director immediately before the relevant day;(a) was a State Service employee employed for the purposes of the former Act; or(b) was appointed under Part 5 of the Tasmanian State Service Act 1984 for the purposes of the former Act –Restructuring Act means the Racing Amendment (Restructuring) Act 1999 ;State service employee means an employee within the meaning of the Tasmanian State Service Act 1984 ;[Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] transferred employee means a former employee who becomes an employee of TOTE Tasmania under the Restructuring Act.
2. DirectorThe amendments made by the Restructuring Act do not affect the tenure or term of office of the person who immediately before the commencement of that Act was appointed as Director.
3. Notification of non-transferring staff(1) The Minister may specify, by notice published in the Gazette, all former employees who are to remain State Service employees after the relevant day.(2) The Tasmanian State Service Act 1984 continues to apply in relation to a person specified in a notice referred to in subclause (1) as if that notice were a declaration under section 47(1) of that Act, and a request for a transfer under section 47(4) , of that Act.(3) A notice under subclause (1) is not a statutory rule for the purposes of the Rules Publication Act 1953 .
4. Transfer of employees and rights(1) On the relevant day –(a) [Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] TOTE Tasmania becomes the employer of each former employee, who is not specified in a notice referred to in clause 3(1) ; and(b) [Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] a person so employed by TOTE Tasmania ceases to be an employee within the meaning of the Tasmanian State Service Act 1984 ; and(c) that Act ceases to apply to that employee.(2) A transferred employee -(a) [Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] is taken to be employed by TOTE Tasmania for the same remuneration as he or she was receiving immediately before the relevant day; and(b) [Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] retains all existing and accruing rights relating to leave, including long service leave, as if his or her service as an employee of TOTE Tasmania were a continuation of his or her service under the Tasmanian State Service Act 1984 ; and(c) [Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] may claim those rights against TOTE Tasmania.(3) [Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] A transferred employee who, immediately before the relevant day, was appointed under Part 5 of the Tasmanian State Service Act 1984 , is entitled to be an employee of TOTE Tasmania for the remainder of the term, and on the terms and conditions, specified in his or her instrument of appointment under that Part.(4) [Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] On the relevant day, the benefits and liabilities that would have accrued to the Crown in respect of a transferred employee referred to in subclause (3) under an instrument of appointment referred to in that subclause accrue to TOTE Tasmania.(5) [Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] Where a transferred employee –his or her service as an employee of TOTE Tasmania is to be regarded as service in the State Service for the purpose of determining his or her rights as an employee, within the meaning of that Act.(a) [Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] ceases to be an employee of TOTE Tasmania; and(b) immediately becomes an employee within the meaning of the Tasmanian State Service Act 1984 –
5. Preservation of superannuation rights of transferred employeesA transferred employee who immediately before the relevant day was a contributor to the superannuation scheme provided for under the Retirement Benefits Act 1993 retains any rights accruing to him or her under that scheme and may continue to contribute to that scheme and that Act continues to apply to that employee.
6. Agreement relating to transitional financial matters(1) [Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] On or after the relevant day, the Minister and the Treasurer, after consultation with TOTE Tasmania, may enter into an agreement relating to –(a) [Schedule 3 Amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] the superannuation liabilities of TOTE Tasmania and the State in relation to employees of TOTE Tasmania and State Service employees who were employed for the purposes of the former Act (including persons who have retired from the State Service); and(b) [Schedule 3 Amended by No. 88 of 2000, Applied:05 Mar 2001] any other matter affecting any assets or liabilities of the Crown or TOTE Tasmania that the Minister and Treasurer consider –(i) to be of a transitional or savings nature arising from the Restructuring Act; or(ii) to have arisen as a consequence of the Restructuring Act.(2) [Schedule 3 Amended by No. 88 of 2000, Applied:05 Mar 2001] An agreement referred to in subclause (1) is binding on TOTE Tasmania.