Australian Capital Territory
Racecourses Act 1935
A1935-19
Republication No 1 (RI)
Effective:  1 October 1983 – 8 December 1998
Republication date of printed version: 31 July 1991
Reissued electronically: 12 July 2013
Last amendment made by A1983-37
(republication for initial republication since
self-government)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Racecourses Act 1935 effective 1 October 1983 to 8 December 1998.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory

racecourses act 1935
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

TABLE OF PROVISIONS
Section
	1.	Short title
	2.	State Acts to cease to apply
	3.	Interpretation
	4.	Racecourses to be licensed
	5.	Size of certain racecourses
	6.	Offences
	7.	Issue of licences
	7A.	Issue of special licences
	8.	Trotting races on showgrounds
	9.	Validation of licences
	10.	Power of Minister to determine fees
The Schedule
State Acts to cease to apply to Territory

An Act relating to Racecourses and for other purposes
1. 	Short title
	This Act may be cited as the Racecourses Act 1935.1

2. 	State Acts to cease to apply
	The Acts of the State of New South Wales specified in the Schedule to this Act shall, to the extent expressed in that Schedule, cease to apply to the Territory.
3. 	Interpretation
	In this Act, unless the contrary intention appears—
“Meeting for horse-racing” means any meeting at which all horses, mares and geldings respectively may compete without any restriction or condition relating to the weight of the horses, mares or geldings;
“Meeting for pony-racing” means any meeting at which the conditions of any race include any condition relating to the height of any horse, mare or gelding eligible to compete therein;
“Owner” includes lessee or sub-lessee;
“Racecourse” means land used for race-meetings to which admission is granted by payment of money, by ticket or otherwise; 
“Race-meeting” means a meeting for horse-racing, pony-racing, trotting-racing, dog-racing or foot-racing.
4. 	Racecourses to be licensed
	A race-meeting shall not be held on any racecourse unless the racecourse is licensed under this Act.
5. 	Size of certain racecourses
	A race-meeting for horse-racing or pony-racing shall not be held on a racecourse, being a racecourse the running ground of which does not consist of a straight course, if the circumference of the running ground of the racecourse, measured 1 metre from the inner boundary, is less than 1,200 metres.
6. 	Offences
	If any race-meeting is held in contravention of section 4 or 5, the owner or trustees of the racecourse, and the club, association or person by or on behalf of which or whom the meeting was so held and each member of the managing body of the trustees, club or association, and any person acting at the race-meeting as starter or judge shall be guilty of an offence and liable to a penalty of not less than $1,000 and not exceeding $2,000.

7. 	Issue of licences
(1) 	The Minister may, upon payment of the fee determined under section 10 for the purposes of this section, issue a licence in respect of a racecourse on such terms and conditions as he thinks fit.
(2) 	Any such licence shall be for a year commencing on the first day of January.
(4) 	The Minister may, for any good cause, cancel a licence.
(5) 	A racecourse in respect of which a licence is issued under this section and is in force shall, for the purposes of this Act and any other law in force in the Territory, be deemed to be a licensed racecourse.
7A. 	Issue of special licences
(1) 	Notwithstanding the provisions of section 7, the Minister may, upon payment of the fee determined under section 10 for the purposes of this section, issue a special licence for the holding of a race-meeting on any day or days on a racecourse not licensed under that section.
(2) 	The special licence shall be subject to such terms and conditions as the Minister thinks fit.
(4) 	The Minister may, for any cause, cancel a special licence.
(5) 	A racecourse in respect of which a licence is issued under this section and is in force shall, for the purposes of this Act and any other law in force in the Territory, be deemed to be a licensed racecourse.
8. 	Trotting races on showgrounds
(1) 	Nothing in sections 4, 5, 6 and 7 shall apply to any ground used for the purposes of a show by a pastoral or agricultural association, or to any trotting races held on the ground by the association, provided that the association has been registered by the Minister, and the conditions of the trotting races have been approved by the Minister.
(2) 	It shall be a condition of any such registration that betting or wagering shall not be allowed on the ground.
9. 	Validation of licences
	Where, prior to the commencement of this Act, any authority of the State of New South Wales has purported to licence any racecourse in the Territory, any licence which that authority has purported to issue for the purpose of licensing the racecourse shall be deemed to be, and, at all times to have been, as valid and effectual as if this Act had been in force when the authority purported to issue the licence and the licence had been issued under this Act.
10. 	Power of Minister to determine fees
	The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.

									The Schedule	Section 2
State Acts To Cease To Apply To Territory
Number	Short title	Extent to which Act ceases to apply	
No. 13, 1906	Gaming and Betting Act, 1906	Sections 28, 29 and 30	
No. 55, 1906	Gaming and Betting (Amendment) Act, 1906	Section 4	
No. 2, 1907	Gaming and Betting (Amendment) Act, 1907	Sections 2 to 5 (inclusive)	

NOTE
1.	The Racecourses Act 1935 as shown in this reprint comprises Act No. 19, 1935 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Racecourses Ordinance 1935	19, 1935	5 Dec 1935	5 Dec 1935		
Racecourses Ordinance 1945	2, 1945	25 Jan 1945	25 Jan 1945	—	
Racecourses Ordinance 1946	3, 1946	28 Mar 1946	28 Mar 1946	—	
Ordinances Revision Ordinance 1959	21, 1959	23 Dec 1959	31 Dec 1959	—	
Ordinances Revision (Decimal Currency) Ordinance 1966	19, 1966	23 Dec 1966	23 Dec 1966	—	
Racecourses Ordinance 1970	4, 1970	26 Feb 1970	26 Feb 1970	—	
Racecourses (Amendment) Ordinance 1976	71, 1976	30 Dec 1976	30 Dec 1976	—	
Racecourses (Amendment) Ordinance 1983
	37, 1983	29 Sept 1983	1 Oct 1983	—	
Self-Government day 11 May 1989

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	am. No. 3, 1946; No. 4, 1970; No. 71, 1976
S. 5	am. No. 71, 1976
S. 6	am. No. 19, 1966; No. 71, 1976
S. 7	am. No. 19, 1966; No. 71, 1976; No. 37, 1983
S. 7A	ad. No. 2, 1945
	am. No. 19, 1966; No. 71, 1976; No. 37, 1983
S. 8	am. No. 21, 1959; No. 71, 1976
S. 10	ad. No. 37, 1983
The Schedule	am. No. 3, 1946

©  Australian Capital Territory 2013