Racing (Race Fields) Regulations 2009

Racing (Race Fields) Regulations 2009

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Racing Regulation Act 2004 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

MICHAEL AIRD

Minister for Racing

1.   Short title

These regulations may be cited as the Racing (Race Fields) Regulations 2009 .

2.   Commencement

These regulations take effect on the day on which the Racing Regulation Amendment (Race Fields) Act 2008 commences.

3.   Interpretation

(1)  In these regulations –

Act means the Racing Regulation Act 2004 ;

approval means a race field information publication approval;

[Regulation 3 Subregulation (1) amended by No. 1 of 2011, s. 33, Applied:01 Apr 2011] [Regulation 3 Subregulation (1) amended by No. 1 of 2011, s. 30, Applied:01 Nov 2010] [Regulation 3 Subregulation (1) amended by No. 1 of 2011, s. 33, Applied:01 Apr 2011] [Regulation 3 Subregulation (1) amended by No. 1 of 2011, s. 30, Applied:01 Nov 2010] [Regulation 3 Subregulation (1) amended by No. 1 of 2011, s. 33, Applied:01 Apr 2011]

wagering operations means operations relating to –

(a) betting conducted by a bookmaker, totalizator or any other wagering operator on a fixed-odds basis; or

(b) betting conducted by means of a totalizator; or

(c) betting conducted by means of a betting exchange.

(2)  [Regulation 3 Subregulation (2) omitted by No. 1 of 2011, s. 33, Applied:01 Apr 2011] .  .  .  .  .  .  .  .  

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6.   Other conditions on race field information publication approvals

(1)  [Regulation 6 Subregulation (1) amended by No. 1 of 2011, s. 34, Applied:01 Apr 2011] For the purposes of section 54B(2)(a) of the Act, the following kinds of conditions are prescribed as permissible conditions:

(a) [Regulation 6 Subregulation (1) amended by No. 1 of 2011, s. 34, Applied:01 Apr 2011] .  .  .  .  .  .  .  .  

(b) [Regulation 6 Subregulation (1) amended by No. 1 of 2011, s. 34, Applied:01 Apr 2011] .  .  .  .  .  .  .  .  

(c) conditions specifying events that must be notified to the Director, including, but not limited to, the following events:

(i) a change in the persons or bodies having a controlling interest in the approval holder;

(ii) a change in financial circumstances of the approval holder (such as the insolvency of the approval holder or a significant improvement in the wagering revenue of the approval holder);

(iii) the commencement (in Tasmania or elsewhere) of any prosecution or disciplinary action against the approval holder under any legislation, rules of racing or rules of betting;

(d) [Regulation 6 Subregulation (1) amended by No. 1 of 2011, s. 34, Applied:01 Apr 2011] .  .  .  .  .  .  .  .  

(e) [Regulation 6 Subregulation (1) amended by No. 1 of 2011, s. 34, Applied:01 Apr 2011] .  .  .  .  .  .  .  .  

(f) [Regulation 6 Subregulation (1) amended by No. 1 of 2011, s. 34, Applied:01 Apr 2011] .  .  .  .  .  .  .  .  

(g) [Regulation 6 Subregulation (1) amended by No. 1 of 2011, s. 34, Applied:01 Apr 2011] .  .  .  .  .  .  .  .  

(h) conditions relating to the preservation of the integrity and reputation of the relevant kind of racing in Tasmania including, but not limited to, the following conditions:

(i) requiring the approval holder to provide the Director with access to all the approval holder's betting information and analyses in relation to the race field information covered by the approval;

(ii) requiring the approval holder to furnish information to any inquiry or investigation specified by the Director within the time specified by the Director;

(iii) requiring the approval holder to cooperate with any inquiry or investigation specified by the Director, including by providing requested details of any betting account to the inquiry or investigation;

(iv) requiring the approval holder to permit the Director to monitor wagering activity that relates to the race field information covered by the approval;

(v) requiring the approval holder not to open or maintain any account for a person who is the subject of a warning-off notice issued by a specified body, registered club, steward or the Director or who is disqualified from participating in any racing activities by a specified body, steward or the Director;

(vi) requiring the approval holder not to open an account for a person who has not properly established his or her identity (for example, by way of the 100-point identification checks commonly used by authorised deposit-taking institutions);

(vii) requiring the approval holder to use a secure computer system, or other system approved by the Director, for the approval holder's wagering operations to ensure that a proper audit trail of all wagers is kept;

(viii) [Regulation 6 Subregulation (1) amended by No. 1 of 2011, s. 34, Applied:01 Apr 2011] requiring the approval holder to participate in any online wagering monitoring system specified by the Director;

(ix) [Regulation 6 Subregulation (1) amended by No. 1 of 2011, s. 34, Applied:01 Apr 2011] if the approval holder conducts wagering operations, in Australia or in a country outside Australia, requiring the approval holder to hold (and continue to hold) an appropriate licence or authority (however described) under relevant State or Territory legislation or legislation of that country outside Australia that authorises it to carry out those wagering operations.

Note

An approval may relate to a single race or a class of races. A class may be defined in many ways including geography, time or category.

(2)  For the purposes of subregulation (1)(h)(v) , "specified body" means any of the following:

(a) Tasracing;

(b) the relevant racing control body of another State or a Territory that is responsible for each code of racing in that State or Territory;

(c) the Australian Racing Board;

(d) Harness Racing Australia Inc.;

(e) Greyhounds Australasia Limited.

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Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 1 July 2009

These regulations are administered in the Department of Infrastructure, Energy and Resources.