Version No. 171 Racing Act 1958 No. 6353 of 1958 Version incorporating amendments as at 1 July 2016 Long title amended by No. 8209 s. 21(1)(a)(i). An Act to consolidate the Law relating to Horse Pony Trotting and Greyhound Racing, the Registration of Bookmakers and their Clerks, and Totalizators. BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): S. 1 amended by Nos 6619 s. 2, 6790 s. 2, 6836 s. 2(a)(b), 7082 s. 2(a)(b), 7684 s. 2(a)(i)(ii)(b), 8209 ss 11, 18(2), 21(1)(a)(ii), 8566 s. 2, 8975 s. 2(5), 9201 s. 22 (as amended by No. 9427 s. 6(1)(Sch. 5 item 152)), 9427 s. 6(1)(Sch. 5 item 151), 9671 s. 23, 9924 s. 3(a)(i)(ii), 10184 s. 22(a)(b), 125/1986 s. 14(a). 1 Short title and commencement This Act may be cited as the Racing Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. S. 2 repealed by No. 49/1993 s. 13(1). * * * * *
Division 1—Preliminary No. 6070 s. 3. 3 Definitions (1) In this Part unless inconsistent with the context or subject-matter— S. 3(1) def. of approved betting event inserted by No. 18/2007 s. 6(a). approved betting event has the same meaning as in the Gambling Regulation Act 2003; S. 3(1) def. of approved bookmaking company inserted by No. 19/2002 s. 3, repealed by No. 73/2008 s. 3(2). * * * * * S. 3(1) def. of approved off-course premises inserted by No. 55/2012 s. 4. approved off-course premises means premises approved by a controlling body under section 4C; S. 3(1) def. of approved substitute inserted by No. 73/2008 s. 3(1). approved substitute means a registered bookmaker's key employee approved under section 91AB by a controlling body to carry on the business of a registered bookmaker; S. 3(1) def. of Authority inserted by No. 37/1994 s. 174(a), repealed by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.1(a)). * * * * *
S. 3(1) def. of controlling body inserted by No. 55/2005 s. 3(1)(a), substituted by No. 52/2009 s. 4(b). controlling body means— (a) in the case of horse racing, Racing Victoria; (b) in the case of harness racing, Harness Racing ; (c) in the case of greyhound racing, Greyhound Racing Victoria; S. 3(1) def. of corrupt conduct inserted by No. 82/2012 s. 180, amended by No. 82/2012 s. 318(a). corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011; S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 11.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 50.1). domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
S. 3(1) def. of Racing Appeals and Disciplinary Board inserted by No. 52/2009 s. 6. Racing Appeals and Disciplinary Board means— (a) in the case of hearings and appeals relating to harness racing, the HRV Racing Appeals and Disciplinary Board; and (b) in the case of hearings and appeals relating to greyhound racing, the GRV Racing Appeals and Disciplinary Board; and (c) in the case of hearings and appeals relating to horse racing, the RV Racing Appeals and Disciplinary Board; S. 3(1) def. of Racing Integrity inserted by No. 52/2009 s. 4(a). Racing Integrity Commissioner means the Racing Integrity Commissioner appointed under section 37A; S. 3(1) def. of Racing Victoria inserted by No. 35/2001 s. 3. Racing Victoria means the company certified by the Minister under section 3A(1) to be Racing Victoria; S. 3(1) def. of registered bookmaker inserted by No. 73/2008 s. 3(1). registered bookmaker has the same meaning as in the Gambling Regulation Act 2003; S. 3(1) def. of registered bookmaker's key employee inserted by No. 73/2008 s. 3(1). registered bookmaker's key employee has the same meaning as in the Gambling Regulation Act 2003;
S. 4(1)(b) amended by No. 56/2014 s. 63(1)(b). (b) on any approved betting event— S. 4(1)(c) repealed by No. 56/2014 s. 63(1)(c). * * * * * in accordance with this section. (2) The racecourse must be licensed under this Part. S. 4(3) amended by No. 55/2012 s. 5(2). (3) The bet must be made— (a) with a registered bookmaker; or (b) with an approved substitute— who is present on the racecourse or approved offcourse premises at the time the bet is made. (4) The bet must be made— S. 4(4)(a) amended by No. 55/2012 s. 5(3)(a). (a) during the holding of a race meeting at the racecourse by a person present on the racecourse with a registered bookmaker or approved substitute present on the racecourse; or S. 4(4)(b) amended by No. 55/2012 s. 5(3)(b). (b) at any time by a person using a method of communication approved by the Minister under section 4A. (5) In this section, a reference to a racecourse licensed under this Part includes a reference to land otherwise authorised for the holding of race meetings under this Part or Part III.
(e) the manner of payment of fees; (f) the time or times at which fees are to be paid. S. 5(6) inserted by No. 17/1992 s. 12. (6) Rules and regulations made under this section may be made— (a) so as to provide for the exemption of persons or classes of persons from any of the rules and regulations providing for the imposition of fees; or (b) so as to provide for the refund of fees, in whole or in part. S. 5(7) inserted by No. 24/2000 s. 12(1). (7) A bookmaker who is liable to pay a levy under rules made under section 91B is not liable to pay a fee under any rules or regulations made under this section. S. 5(8) inserted by No. 24/2000 s. 12(1). (8) If a rule or regulation made under this section is inconsistent with a rule made under section 91A or 91B, the rule or regulation made under this section is void to the extent of the inconsistency. Pt 1 Div. 2A (Heading and ss 5A–5D) inserted by No. 97/1998 s. 6. Division 2A—Club betting permits S. 5A inserted by No. 97/1998 s. 6, amended by Nos 114/2003 s. 12.1.3 (Sch. 6 item 10.3), 18/2007 s. 6(f), 56/2014 s. 63(2). 5A Betting in accordance with club betting permits Despite anything in the Gambling Regulation Act 2003 (except Divisions 5 and 6 of Part 5 of Chapter 4) or any other law, it is not a contravention of that Act or law, and a premises is not a place provided for the purposes of unauthorised gambling within the meaning of Chapter 2 of that Act, if a person bets by way of wagering—
(a) at that premises and that premises is a premises specified in a club betting permit; and (b) in accordance with the conditions of the permit. S. 5B inserted by No. 97/1998 s. 6. 5B Grant of club betting permits S. 5B(1) amended by Nos 16/2001 s. 5, 18/2007 s. 6(g). (1) The Minister may grant a permit to any specified body to allow betting on any horse race, any harness race, any greyhound race or on any approved betting event— (a) at the premises; and (b) in accordance with the conditions; and (c) on the day and for the period— specified in the permit by the Minister. S. 5B(1A) inserted by No. 74/2010 s. 32(1). (1A) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a permit granted under this section is declared not to be personal property. (2) In this section— S. 5B(2) def. of specified body amended by Nos 16/2001 s. 28(Sch. item 1), 35/2001 s. 6(Sch. 1 item 1). specified body means— (a) any racing club licensed under section 24A; or (b) Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria; or (c) the Stawell Athletic Club Incorporated or the Victorian Club Limited.
S. 5C inserted by No. 97/1998 s. 6. 5C Conditions of the permits (1) The Minister may specify conditions in the permit dealing with all or any of the following matters— (a) the type of betting; (b) the class of bookmakers who may conduct the betting; (c) the supervision of the betting and the body who is to conduct the supervision; (d) any other matter the Minister thinks fit. (2) The permit is subject to a condition that the holder of the permit must not obtain any financial benefit from bets made under the permit. (3) The Minister may add to, vary or revoke any conditions on a permit. S. 5D inserted by No. 97/1998 s. 6. 5D Revocation of permits The Minister may revoke a permit, for any just and reasonable cause, at any time. Pt. 1 Div. 2B (Heading and ss 5E–5G) inserted by No. 77/2013 s. 40. Division 2B—Rules of Racing Victoria S. 5E inserted by No. 77/2013 s. 40. 5E Definitions In this Division— Australian lawyer has the same meaning as in the Legal Profession Act 2004; Rules of Racing means the rules, for the time being in force, of Racing Victoria.
S. 22A(2)(b) amended by No. 6836 s. 11(a), S.R. No. 166/1974 reg. 2, Nos 9671 s. 29, 16/2001 s. 28(Sch. item 6), 50/2015 s. 3(5). (b) one race-meeting on each of such racecourses not being within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne as Harness Racing Victoria determines. S. 22A(3) amended by Nos 6836 s. 11(a), 8566 s. 5, S.R. No. 166/1974 reg. 2, substituted by No. 28/1986 s. 5, amended by No. 96/2003 s. 17(3). (3) A race at any race-meeting on ANZAC Day must not commence before 1 p.m. S. 22A(4) amended by Nos 8344 s. 26(3)(k), 96/2003 s. 17(3). (4) The person club or other body by or on behalf of whom or which any race-meeting is held on ANZAC Day shall within two months after the holding of such race-meeting— (a) supply to the Minister a detailed statement correctly setting out all receipts and expenditure in connexion with such racemeeting and verified by statutory declaration made by such person or by the president or chairman and the secretary or treasurer of such club or body; and
Division 4—Issue of licences, &c. Heading preceding s. 24 repealed by No. 37/1994 s. 182(k). * * * * * No. 6070 s. 24. S. 24 amended by Nos 6836 s. 11(a), 7621 s. 12(2), 8344 s. 26(3)(l), S.R. No. 166/1974 reg. 2, No. 9671 ss 28, 29, substituted by No. 37/1994 s. 183. 24 Race-course licence (1) The Minister may issue a race-course licence which authorises the holding of race-meetings for such one or more of the following types of racing on the race-course— (a) horse racing; (b) harness racing; (c) greyhound racing— as are specified in the licence. S. 24(2) repealed by No. 73/1996 s. 76(1). * * * * * (3) The Minister may issue such a licence if satisfied that— (a) the location is appropriate; and (b) the facilities are suitable— for a race-course. S. 24(4) substituted by No. 73/1996 s. 76(2). (4) Subject to subsection (5), a licence may be subject to any conditions that the Minister thinks fit. (5) A licence must not contain a condition restricting or specifying— (a) the number of race-meetings which may be held; or
S. 24A inserted by No. 37/1994 s. 183. 24A Racing-club licence (1) In this section club means— S. 24A(1)(a) amended by No. 35/2001 s. 6(Sch. 1 item 7(a)). (a) a club registered in accordance with the rules of Racing Victoria; S. 24A(1)(b) amended by No. 16/2001 s. 28(Sch. item 7(a)). (b) a club registered in accordance with the rules of Harness Racing ; S. 24A(1)(c) amended by No. 16/2001 s. 28(Sch. item 7(b)). (c) a club registered in accordance with the rules of Greyhound Racing Victoria. (2) A club referred to in subsection (1)(a) may apply to the Minister for the issue of a racing-club licence which authorises the club to conduct racemeetings for horse racing on specified racecourses licensed under section 24 for horse racing. S. 24A(3) amended by No. 97/1998 s. 10(1). (3) A club referred to in subsection (1)(b) may apply to the Minister for the issue of a racing-club licence which authorises the club to conduct racemeetings for harness racing on one or more specified race-courses which are licensed under section 24 for harness racing. S. 24A(4) amended by No. 97/1998 s. 10(2). (4) A club referred to in subsection (1)(c) may apply to the Minister for the issue of a racing-club licence which authorises the club to conduct racemeetings for greyhound racing on one or more specified race-courses which are licensed under section 24 for greyhound racing. S. 24A(5) repealed by No. 73/1996 s. 77(1). * * * * *
S. 29(1C) inserted by No. 37/1994 s. 185(2). (1C) If a club or association conducts a race-meeting and a person receives a direct financial benefit from the profits of the race-meeting, each member of the managing body or committee of the club or association is guilty of an offence. 1000 penalty units. S. 29(1D) inserted by No. 37/1994 s. 185(2). (1D) In proceedings against a person for an offence under subsection (1C), it is a defence to prove that the person charged did not know that a person was to receive a direct financial benefit of the kind referred to in that subsection. S. 29(2) amended by No. 37/1994 s. 185(3)(a)(b). (2) Payment to an employee of the club for his or her services in relation to the functions of the club shall not be deemed to be a direct benefit for the purposes of this section. Ss 30, 31 repealed. * * * * * Heading preceding s. 32 amended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(b). * * * * * No. 6070 s. 32. 32 Licences for harness race-meetings held by Harness Racing S. 32(1)–(6) repealed. * * * * * S. 32(6A) inserted by No. 9671 s. 3(a), amended by Nos 49/1987 s. 24(1)(b), 16/2001 s. 28(Sch. item 8). (6A) Notwithstanding anything to the contrary in this Act, the Minister may from time to time issue a permit to Harness Racing Victoria authorizing on such terms and conditions as he thinks fit the holding of a harness race-meeting on a specified race-course while a licence is in force in respect of the race-course.
S. 32(7) inserted by No. 7691 s. 2, amended by No. 9671 ss 3(b), 28, repealed by No. 37/1994 s. 186(c). * * * * * S. 32(8) inserted by No. 7691 s. 2, amended by No. 9671 ss 3(c), 28, repealed by No. 37/1994 s. 186(c). * * * * * Pt 1 Div. 5 (Heading and s. 33) amended by Nos 6836 s. 11(a), 8209 s. 3, 8344 s. 26(3)(q), S.R. No. 166/1974 reg. 2, Nos 9671 s. 28, 9924 s. 11(1)(2), repealed by No. 37/1994 s. 186(d), new Pt 1 Div. 5 (Heading and ss 33–35D) inserted by No. 55/2005 s. 4. Division 5—Exclusion orders by Chief Commissioner of Police New s. 33 inserted by No. 55/2005 s. 4. 33 Exclusion orders by Chief Commissioner of Police (1) The Chief Commissioner of Police may, if he or she considers it necessary in the public interest, by written order given to a person, prohibit the person from entering, or remaining at— (a) a specified race-course; or
(a) has such powers as are conferred on him or her by this Act; and (b) may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the performance of his or her functions. S. 37D inserted by No. 52/2009 s. 5. 37D Staff There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary to enable the Racing Integrity Commissioner to perform his or her functions and exercise his or her powers. S. 37E inserted by No. 52/2009 s. 5. 37E Disclosure of information (1) The Racing Integrity Commissioner may disclose integrity related information to, as appropriate— (a) a controlling body including its integrity subcommittee and Stewards; or (b) the Commission; or (c) a Racing Appeals and Disciplinary Board; or S. 37E(1)(d) amended by No. 37/2014 s. 10(Sch. item 139.4). (d) the Chief Commissioner of Police or a police officer authorised in writing by the Chief Commissioner of Police; or (e) the Commissioner of the Australian Federal Police or a member of the Australian Federal Police authorised in writing by the Commissioner of the Australian Federal Police; or (f) the Minister; or S. 37E(1)(fa) inserted by No. 82/2012 s. 182. (fa) the IBAC; or
(xiii) the Queensland Racing Integrity Commissioner appointed under section 113AL of the Racing Act 2002 of Queensland; (xiv) Racing Analytical Services Ltd ACN 006 957 624; (xv) Racing and Wagering Western Australia established by section 4 of the Racing and Wagering Western Australia Act 2003 of Western Australia; (xvi) Racing Australia Pty Ltd ACN 105 994 330; (xvii) Racing New South Wales established by section 4 of the Thoroughbred Racing Act 1996 of New South Wales; (xviii) Racing Queensland Limited ACN 142 786 874; (xix) the Therapeutic Goods Administration of the Department of Health of the Commonwealth; (xx) Thoroughbred Racing NT Incorporated, being an association incorporated under the Associations Act of the Northern Territory; (xxi) Thoroughbred Racing SA Limited ACN 094 475 939; or (j) a person or body that— (i) has any regulatory or administrative functions in respect of racing, bookmaking or betting in or in another State or a Territory of the Commonwealth; and
or agreement and has power to do anything necessary or expedient to carry that arrangement or agreement into effect; and S. 44AA(2)(b) amended by No. 74/2000 s. 3(Sch. 1 item 107.1). (b) may apply for and hold a licence under section 8, 9 or 10 of the Liquor Control Reform Act 1998. S. 44A inserted by No. 8989 s. 3. 44A Borrowings by Board For the purposes of carrying out its powers and functions under this Act, the Board is authorized with the prior approval in writing of the Minister and the Treasurer of Victoria to borrow moneys on such terms and conditions as the Treasurer of Victoria approves. S. 44B inserted by No. 45/2004 s. 6, substituted by No. 50/2015 s. 8. 44B Harness Racing Advisory Council (1) The Board must establish a Harness Racing Advisory Council. (2) The Harness Racing Advisory Council must be established within 3 months of the commencement of section 8 of the Racing Amendment Act 2015. (3) The Harness Racing Advisory Council consists of the following members appointed by the Board— (a) two members of the Board, one of whom is to be appointed chairperson; (b) at least 3 members who are nominees of organisations or persons who are representatives of the Victorian harness racing industry; (c) up to 2 persons who have experience or interest in the Victorian harness racing industry.
S. 45A(6) substituted by No. 72/2001 s. 3(Sch. item 11.4). (6) The interest of a member's spouse or domestic partner is deemed, for the purposes of this section, to be also the interest of the member if— (a) they are living together; and (b) the member knows of the interest. S. 45A(7) amended by No. 72/2001 s. 3(Sch. item 11.5(a) (b)). (7) A general notice given in writing to the Chief Executive Officer of the Board by a member of the Board to the effect that the member or the member's spouse or domestic partner is a member or in the employment of a specified company or other body, or a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice. (8) If a member of the Board fails to comply with the provisions of subsection (1) his seat shall thereupon become vacant and every such vacancy shall be deemed to be an extraordinary vacancy. (9) In this section the expression shares includes stock and the expression share capital shall be construed accordingly. Nos 6070 s. 47, 6092 s. 6. 46 Harness Racing Victoria Fund and finances of Board S. 46(1) amended by Nos 9671 s. 29 (as amended by No. 9902 s. 2(1)(Sch. item 217)), 16/2001 s. 28(Sch. item 11(a)). (1) The Board shall establish a fund to be called "Harness Racing Victoria Fund".
S. 46(7) amended by No. 7621 s. 2, repealed by No. 7899 s. 3(b). * * * * * S. 47 repealed. * * * * * No. 6092 ss 4, 5. 48 Agreement with Royal Agricultural Society and its alteration S. 48(1) amended by No. 7621 s. 12(7). (1) The Agreement entered into pursuant to the Trotting Races Act 1957 and substantially in the form and to the effect of the Schedule to that Act between the trustees of the Royal Agricultural Society of Victoria and the Board shall have effect according to the tenor thereof but, having regard to changes in circumstances, may by agreement between the parties thereto be altered at any time with the consent of the Minister so far as it relates to conditions of use, including payments for the use, of the Royal Agricultural Showgrounds or any part thereof. (2) (a) If the Board is at any time unable to meet any payments under the agreement so entered into the Treasurer may subject to such terms and conditions as he thinks fit advance from the Public Account to the Board such moneys as are necessary to meet such payments, and any money so advanced shall be a charge on the funds of the Board and shall be repaid by the Board when funds are available. S. 48(2)(b) amended by No. 11/2001 s. 3(Sch. item 62). (b) Any such advance shall be made at a rate of interest determined by the Treasurer as being the prevailing overdraft rate.
S. 50A inserted by No. 52/2009 s. 7. 50A Definitions (1) In this Part— S. 50A(1) def. of Australian lawyer repealed by No. 17/2014 s. 160(Sch. 2 item 83.2). * * * * * Boards Registrar means the Boards Registrar referred to in section 83OE; Chairperson means the Chairperson of the HRV Racing Appeals and Disciplinary Board appointed under section 50E; Deputy Chairperson means the Deputy Chairperson of the HRV Racing Appeals and Disciplinary Board appointed under section 50F; Harness Racing Victoria has the same meaning as Board has in section 38; HRV Racing Appeals and Disciplinary Board means the Racing Appeals and Disciplinary Board for Harness Racing established under section 50B; investigator means a person appointed under the rules by Harness Racing to investigate matters in respect of the enforcement of, and compliance with, the rules; penalty means— (a) the imposition of any fine under the rules relating to any participation in racing in any capacity; or (b) any—
S. 69(2)(b) substituted by No. 17/2016 s. 5(1). (b) at least one is a person who has experience or expertise in animal welfare or ethics. S. 69(2)(c) repealed by No. 17/2016 s. 5(1). * * * * * S. 69(3) substituted by No. 6954 s. 2(b), repealed by No. 9671 s. 8, new s. 69(3) inserted by No. 49/1987 s. 24(1)(e), substituted by No. 11/1997 s. 4. (3) The members of the Board shall be appointed by the Governor in Council on the recommendation of the Minister. S. 69(3A) inserted by No. 17/2016 s. 5(2). (3A) The Minister may make a recommendation referred to in subsection (3) if, in the Minister's opinion, the person has the necessary skills, experience and knowledge to assist the Board to carry out its functions. S. 69(4) repealed by No. 6954 s. 2(c), new s. 69(4) inserted by No. 49/1987 s. 24(1)(e), substituted by No. 11/1997 s. 4. (4) The Minister may appoint a member other than the chairperson to be deputy chairperson of the Board. S. 69(5) inserted by No. 11/1997 s. 4. (5) If the chairperson is unable to perform the duties of the office or the office of chairperson is vacant, the deputy chairperson may act in the place of the chairperson. S. 69(6) inserted by No. 11/1997 s. 4. (6) The deputy chairperson while acting in the place of the chairperson has all the powers and may perform all the duties of the chairperson.
(8) If a member of the Board fails to comply with the provisions of subsection (1) his seat shall thereupon become vacant and every such vacancy shall be deemed to be an extraordinary vacancy. (9) In this section the expression shares includes stock and the expression share capital shall be construed accordingly. S. 75B inserted by No. 45/2004 s. 10. 75B Consultation procedures to be established The Board must establish proper procedures to consult with greyhound racing industry participants and to facilitate consultation amongst greyhound racing industry participants. S. 75C inserted by No. 45/2004 s. 10. 75C Reporting on consultations The Board must, in every report of operations under Part 7 of the Financial Management Act 1994— (a) include details of— (i) all of its consultations with greyhound racing industry participants, including the greyhound racing industry participants with which it consulted in each case; and (ii) all cases where it has facilitated consultation amongst greyhound racing industry participants; and (iii) every decision made following consultation with greyhound racing industry participants; and (b) set out the procedures required to be established in accordance with section 75B.
Pt 3 Div. 3 (Heading) amended by No. 8209 s. 21(1)(a)(ii). Division 3—General control of greyhound racing No. 6070 s. 77. 77 Registration etc. of clubs and persons participating in greyhound racing S. 77(1) amended by No. 9924 s. 3(c). (1) The Board may in accordance with the rules— S. 77(1)(aa) inserted by No. 37/1994 s. 188(q). (aa) fix dates and times for greyhound racemeetings; S. 77(1)(a) amended by Nos 8209 s. 21(1)(a)(ii), 8603 s. 5, substituted by No. 32/1991 s. 7, amended by Nos 83/1995 s. 6(a), 16/2001 s. 16(a). (a) register, refuse to register or deregister any greyhound owner, syndicate, trainer, attendant, trial track manager, greyhound trial track or greyhound racing club; (b) charge and take for any such registration the fees prescribed therefor by the rules; S. 77(1)(c) amended by No. 8209 s. 21(1)(a)(ii). (c) disqualify or suspend from participating in greyhound racing any club greyhound or person; S. 77(1)(d) amended by Nos 8209 s. 21(1)(a)(ii), 83/1995 s. 6(b). (d) exclude from participation in greyhound racing any club, syndicate, greyhound or person that is not registered as required by this Part or the regulations or is under disqualification or suspension pursuant to this Part or the rules;
S. 77A(2A) inserted by No. 17/2016 s. 8(2). (2A) A member of the Board or any officer authorised by the Board may enter premises and exercise any other power under this section— (a) during the period commencing one hour before sunrise and ending one hour after sunset; and (b) at any other time if the Board believes on reasonable grounds that a person has contravened or is contravening this Act or the rules at or on the premises. S. 77A(3) inserted by No. 83/1995 s. 7(2). (3) A person authorised by the Board may not exercise any power under this section if the person fails to produce, on request, his or her identity card for inspection by the occupier of the premises. S. 77A(4) inserted by No. 83/1995 s. 7(2). (4) A person authorised by the Board may not, under this section, enter a residence unless the occupier of the residence has consented in writing to the entry and inspection. S. 77A(5) inserted by No. 83/1995 s. 7(2). (5) An occupier who consents in writing to entry and inspection of his or her residence under this section must be given a copy of the signed consent immediately. S. 77A(6) inserted by No. 83/1995 s. 7(2). (6) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and inspection.
S. 84 def. of bookmaker amended by Nos 6790 s. 5(a), 73/1996 s. 86(a)(i), 74/2000 s. 3(Sch. 1 item 107.2), 19/2002 s. 7(b)(i)(ii). bookmaker includes any person who (whether on the person's own account or as employee or agent of any other person) carries on the business or vocation of or acts as a bookmaker or turf commission agent, and any person who gains or endeavours to gain a livelihood wholly or partly by betting or making wagers; S. 84 def. of bookmaker's betting turnover inserted by No. 24/2000 s. 12(2)(d), amended by No. 114/2003 s. 12.1.3(Sch. 6 item 10.7(a)). bookmaker's betting turnover for a period, means the gross amount of all bets made with a bookmaker in that period less the gross amount of bets made in that period by the bookmaker in respect of those bets with— (a) other bookmakers who are carrying on their business or vocation under a club bookmaker's licence in accordance with this Act; and (b) the holder of the wagering licence under Part 3 of Chapter 4 of the Gambling Regulation Act 2003; S. 84 def. of bookmaker's clerk amended by Nos 7230 s. 3, 19/2002 s. 7(c), repealed by No. 73/2008 s. 10(2). * * * * * S. 84 def. of bookmaker's course agent inserted by No. 6790 s. 5(b), repealed by No. 73/1996 s. 86(a)(ii). * * * * *
S. 94A(2) amended by Nos 8603 s. 10(b)(i)(ii), 49/1987 s. 18(b), 27/1988 s. 8, substituted by No. 73/1996 s. 75(3), amended by Nos 19/2002 s. 17(3), 73/2008 s. 17(5). (2) A bond under subsection (1)(a) remains in force, after being lodged with the Commission, until revoked by notice in writing by the Company addressed to the Commission. S. 94A(2A) inserted by No. 73/1996 s. 75(3), amended by No. 19/2002 s. 17(4)(a)-(c), substituted by No. 73/2008 s. 17(6). (2A) A bond under subsection (1)(a) may limit the liability of the Company— (a) in relation to each registered bookmaker who is a member of a class determined by Order under subsection (2B), to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers (not being defaults to which paragraph (b) applies)— (i) of a total amount of not less than the determined amount in respect of that class of registered bookmaker; or (ii) if the registered bookmaker is a member of more than one class, of a total amount of not less than the highest determined amount in respect of those classes of registered bookmaker; and (b) in relation to each registered bookmaker, to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers of a class determined by Order under subsection (2B), of a total amount of not less than the determined amount in respect of that class of wager.
S. 94A(2B) inserted by No. 73/1996 s. 75(3), amended by No. 19/2002 s. 17(5), substituted by No. 73/2008 s. 17(7). (2B) The Governor in Council, by Order published in the Government Gazette, may determine for the purposes of this section— (a) the amount of a bond referred to in subsection (1)(a) or (b); and (b) classes of registered bookmaker and an amount in respect of each class; and (c) classes of wager and an amount in respect of each class. S. 94A(2C) inserted by No. 19/2002 s. 17(6). (2C) If an Order is made under subsection (2B), the Order is to be taken not to apply in respect of any wager made before the commencement of that Order. S. 94A(3) substituted by No. 97/1998 s. 23(2), amended by Nos 19/2002 s. 17(7), 73/2008 s. 17(8). (3) The revocation of a bond under subsection (1)(a) does not affect the liability of the Company to make any payment due under the conditions of the bond in respect of defaults occurring in the payment of wagers made in accordance with— (a) section 4; or (b) a club betting permit; or S. 94A(3)(c) amended by Nos 114/2003 s. 12.1.3 (Sch. 6 item 10.8(a)), 56/2014 s. 63(4). (c) section 2.2.5 of the Gambling Regulation Act 2003— while the bond was in force. S. 94A(4) substituted by No. 97/1998 s. 23(2), amended by Nos 19/2002 s. 17(8)(a)–(c), 73/2008 s. 17(9). (4) If a registered bookmaker, or his or her substitute, has defaulted in the payment of a wager made in accordance with— (a) section 4; or (b) a club betting permit; or
amending Act means the Racing and Betting Acts (Amendment) Act 2001. New s. 98 inserted by No. 16/2001 s. 27. 98 Transitional provision for changes to Harness Racing —Racing and Betting Acts (Amendment) Act 2001 Despite amendments made to section 39 by sections 10 and 11 of the amending Act— (a) the Board in the name of Harness Racing Victoria is deemed to be the same body after the commencement of those sections as it was before that commencement; and (b) any person holding office as a member of the Board immediately before the commencement of those amendments, continues to hold office as a member of the Board on and from that commencement on the same terms and conditions as those under which that person held that office immediately before that commencement. New s. 99 inserted by No. 16/2001 s. 27. 99 Transitional provision for change to Greyhound Racing —Racing and Betting Acts (Amendment) Act 2001 Despite amendments made to section 69 by section 14 of the amending Act, the Board in the name of Greyhound Racing Victoria is deemed to be the same body after the commencement of that section as it was before that commencement. New s. 100 inserted by No. 16/2001 s. 27. 100 Transitional provision for change in registration of greyhounds—Racing and Betting Acts (Amendment) Act 2001 (1) Despite the commencement of section 16 of the amending Act, the registration of a greyhound, as in force immediately before that commencement, is deemed to continue in force, as if it had been issued under this Act, as in force on and from the
(1) The first appointment of the chairperson is to be made by the Appointment Panel, from the appointed Directors. (2) The first appointment of the deputy chairperson is to be made by the Board, from the appointed Directors. (3) Any other appointment of the chairperson and the deputy chairperson, is to be made by the Board from the appointed Directors. 7 Terms of appointment (1) Subject to subclauses (2) and (3), Directors are to retire at the end of the third annual general meeting of the members of the company next following their appointment, but are to be eligible to be reappointed in accordance with the constitution. (2) The persons first appointed to the positions of appointed and nominated Directors are to continue in office until the end of the annual general meeting of the members in 2004, subject to any casual vacancies. (3) In the case of the appointments to positions of appointed and nominated Directors which immediately follow the first appointments, the following principles are to apply— (a) the chairperson, deputy chairperson and 2 of the nominated Directors are to retire at the end of the annual general meeting of members in 2007; (b) 2 appointed Directors and 1 nominated Director are to retire at the end of the annual general meeting of members in 2006; (c) 1 appointed Director and 2 nominated Directors are to retire at the end of the annual general meeting of members in 2005.
Parish of Prahran at Caulfield, , being Crown Allotment A, subject to two reservations Volume 7275 Folio 814 Item 3—Cranbourne Racecourse Situation of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation of , Parish of Cranbourne, , being Crown Allotment 21H Order in Council dated 20 August 1888 Government Gazettes dated 13 July 1888, page 2304 and 24 August 1888, page 2658 Site for Racecourse and other purposes of Public Recreation, permanent Parish of Cranbourne, of being Crown Allotment 17G, formerly 1 on Plan of Subdivision No. 210254M Order in Council dated 10 August 1999 Government Gazette dated 12 August 1999, page 1885 Racecourse and Public Recreation, temporary Item 4—Flemington Racecourse Situation of land Certificate of Title details Parish of Doutta Galla, of , being Crown Allotment 28E Section 2, shown as 1 on Title Plan 843408B Crown Lease: Volume 1205 Folio 019 Parish of Doutta Galla, , being Crown Allotment 28F section 2 Crown Lease: Volume 10757 Folio 757 Parish of Doutta Galla, of , being 1 on Title Plan 633379A, (formerly known as part of Crown Allotment 29) Volume 1428 Folio 407
Item 5— Racecourse Situation of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation City of , Parish of Corio, , being Crown Allotment 14 of Section 6A Order in Council dated 30 July 1963 Government Gazette dated 7 August 1963, page 2436 Site for Public Racecourse and Recreation, temporary City of Geelong, Parish of Corio, County of Grant, being Crown Allotment 13 of Section 6A Order in Council dated 30 July 1963 Government Gazette dated 7 August 1963, page 2436 Site for Public purposes (Car Park), temporary Item 6—Kilmore Racing Complex Situation of Land Instrument and date of reservation Description of land by reference to Government Gazette Crown Grant or Certificate of Title details Purpose of reservation Parish of Glenburnie, , being Crown Allotment 13M1 Order in Council dated 8 August 1887 Government Gazettes dated 8 July 1887, page 2011 and 12 August 1887, page 2408 Volume 1989 Folio 650 Site for a Racecourse and other purposes of Public Recreation, permanent Parish of Glenburnie, , being Crown Allotment 13M2 Order in Council dated 14 August 1973 Government Gazette dated 22 August 1973, pages 3015 and 3016 Site for and Gardens, temporary Parish of Glenburnie, being Crown Order in Council dated 14 August Government Gazette dated 22 August 1973, page Site for Racecourse and other purposes
Allotment 13M3 1973 3015 of Public Recreation, temporary Parish of Glenburnie, County of Dalhousie, being Crown Allotment 13M4 Order in Council dated 14 August 1973 Government Gazette dated 22 August 1973, pages 3015 and 3016 Site for and Gardens, temporary Item 7— Racecourse Situation of land Crown Grant or Certificate of Title details Parish of Doutta Galla, County of Bourke, being Lots 1 to 45 inclusive on Title Plan 856995J, formerly known as part of Crown Allotment 4 Section 5, being Lots 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 158, 159, 160, 161, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202 and parts of lots 80, 100, 162, 163, 164, 165, 166, 167 and parts of roads and reserve on Plan of Subdivision 2241 Volume 9681 Folio 756 Parish of Doutta Galla, of , being 1 on Title Plan 107267A, formerly known as part of Crown Allotment 5 Section 5 Volume 9681 Folio 753 Parish of Doutta Galla, of , being 1 on Title Plan 107266C, formerly known as part of Crown Allotment 4 Section 5 Volume 9681 Folio 752 Parish of Doutta Galla, of , being 1 on Title Plan 107269V, formerly known as part of Crown Allotment 4 Section 5 Volume 9681 Folio 755 Parish of Doutta Galla, County of Bourke, being Lots 1 and 2 on Title Plan 107268X, formerly known as part of Crown Allotment 5 and 6 Section 5 Volume 9681 Folio 754
Parish of Dandenong, of , being 1 on Title Plan 817734K, being the Land remaining untransferred in Volume 8795 Folio 787 Volume 8795 Folio 787 Item 11—Sandown Racecourse Situation of land Crown Grant or Certificate of Title details Parish of Dandenong, of , being Lot 1 on Title Plan 710223H, formerly known as part of 2 on Plan of Subdivision 48537 Volume 8349 Folio 488 Item 12—The Meadows Racecourse Situation of land Crown Grant or Certificate of Title details Parish of Will-will-rook, of , being 4 on Plan of Subdivision 348064G Volume 10389 Folio 017 Item 13—Werribee Racecourse Situation of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation Township of Werribee, (formerly known as Township Reserve of Wyndham), Parish of Mambourin, , being Crown Allotment 25D Section 17 Order in Council dated 22 April 1861 Government Gazette dated 3 May 1861, pages 875 and 876 Racecourse and purposes of General Recreation, temporary Item 14— Racecourse Situation of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of reservation
: All of Act in operation Racing (Amendment) Act 1976, No. 8885/1976 Assent Date: 19.10.76 Commencement Date: 19.10.76 : All of Act in operation Racing (Tabella Totalizators) Act 1977, No. 8975/1977 Assent Date: 27.4.77 Commencement Date: 28.4.77: Government Gazette 27.4.77 p. 1062 : All of Act in operation Racing (Amendment) Act 1977, No. 8989/1977 Assent Date: 10.5.77 Commencement Date: 10.5.77 : All of Act in operation Racing (Fees) Act 1977, No. 9038/1977 Assent Date: 22.11.77 Commencement Date: 22.11.77 : All of Act in operation Racing (Mixed Sports Gatherings) Act 1977, No. 9050/1977 Assent Date: 22.11.77 Commencement Date: 22.11.77 : All of Act in operation Age of Majority Act 1978, No. 9075/1978 Assent Date: 6.12.77 Commencement Date: 1.2.78: Government Gazette 11.1.78 p. 97 : All of Act in operation Racing (Amendment) Act 1978, No. 9146/1978 Assent Date: 30.5.78 Commencement Date: 8.6.78: Government Gazette 8.6.78 p. 1641 : All of Act in operation Racing (Amendment) Act 1978, No. 9201/1978 (as amended by No. 9427) Assent Date: 5.12.78 Commencement Date: All of Act (except ss 3, 16–18) on 1.8.78: s. 23; ss 3, 16–18 on 5.12.78: s. 1(3) : All of Act in operation (Reserves) Act 1978, No. 9212/1978 Assent Date: 19.12.78 Commencement Date: 1.3.79: Government Gazette 21.2.79 p. 441 : All of Act in operation Racing (Restricted Trotting Meetings) Act 1979, No. 9269/1979 Assent Date: 10.7.79 Commencement Date: 10.7.79 : All of Act in operation Racing (Financial Provisions) Act 1979, No. 9319/1979 Assent Date: 18.12.79 Commencement Date: 18.12.79 : All of Act in operation
Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001 Assent Date: 7.11.01 Commencement Date: S. 3(Sch. item 11) on 20.12.01: Government Gazette 20.12.01 p. 3127 : This information relates only to the provision/s amending the Racing Act 1958 Racing Acts (Amendment) Act 2002, No. 19/2002 Assent Date: 21.5.02 Commencement Date: Ss 8, 18 on 11.7.02: Government Gazette 11.7.02 p. 1593; ss 3–7, 9–17, 19 on 26.9.02: Government Gazette 26.9.02 p. 2616 : This information relates only to the provision/s amending the Racing Act 1958 ANZAC Day (Amendment) Act 2003, No. 96/2003 Assent Date: 2.12.03 Commencement Date: S. 17 on 3.12.03: s. 2 : This information relates only to the provision/s amending the Racing Act 1958 Gambling Regulation Act 2003, No. 114/2003 Assent Date: 16.12.03 Commencement Date: S. 12.1.3(Sch. 6 items 10.1–10.8) on 1.7.04: Government Gazette 1.7.04 p. 1843 : This information relates only to the provision/s amending the Racing Act 1958 Racing and Gaming Acts (Amendment) Act 2004, No. 45/2004 Assent Date: 16.6.04 Commencement Date: Ss 4–13 on 1.8.04: Government Gazette 22.7.04 p. 2069 : This information relates only to the provision/s amending the Racing Act 1958 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 171) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Racing Act 1958 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 91) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Racing Act 1958