Australian Capital Territory
Racing Act 1999    
A1999-1
Republication No 15
Effective:  22 February 2013 – 28 February 2013
Republication date: 22 February 2013
Last amendment made by A2013‑4

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Racing Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 February 2013.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 22 February 2013.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
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.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Racing Act 1999

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
Part 2	Control of races for the purpose of betting
Division 2.1	Race meetings
	4	Restriction on races for the purpose of betting	3
	5	Licensed racecourses	3
	6	Approval of betting at certain race meetings	4
	7	Schedules of race meetings	4
	8	Race meetings to be conducted in compliance with conditions	5
	9	Phantom meetings	5
Division 2.2	Approved rules
	10	Application of approved rules  of a controlling body	5
	11	Application of approved rules of an ARO	6
	12	Approval of special rules for race meetings	7
	13	Special rules to be made available before a race meeting	7
	14	Application of special rules	7
Part 3	Controlling bodies
Division 3.1	Controlling body for thoroughbred racing
	15	Racing club is the controlling body for thoroughbred racing	8
	16	Functions of the racing club	8
	17	Delegation by racing club	9
	18	Racing club—reports and accounts	9
	19	Rules of thoroughbred racing	9
	20	Racing club—appointment of administrator	10
Division 3.2	Controlling body for harness racing
	21	Harness club is the controlling body for harness racing	10
	22	Functions of the harness club	11
	23	Delegation by harness club	12
	24	Harness club—reports and accounts	12
	25	Rules of harness racing	12
	26	Harness club—appointment of administrator	13
Division 3.3	Controlling body for greyhound racing
	27	Greyhound club is the controlling body for greyhound racing	13
	28	Functions of the greyhound club	14
	29	Delegation by greyhound club	15
	30	Greyhound club—reports and accounts	15
	31	Rules of greyhound racing	15
	32	Greyhound club—appointment of administrator	15
Part 4	Approved racing organisations
	33	Approved racing organisations	17
	34	Applications	17
	35	Variation of conditions or approved rules	18
	36	Revocation of approval of AROs	19
	37	AROs must provide reports	19
Part 5	The Racing Appeals Tribunal
Division 5.1	The tribunal
	38	Establishment	20
	39	Functions	20
	40	Membership	20
	41	Constitution for appeals	20
	42	Assessors	21
	43	Powers in relation to witnesses etc	21
	44	Application of Criminal Code, ch 7	22
	45	Rules of the tribunal	22
	46	Registrar of tribunal	22
	46A	Protection from liability for tribunal members	22
Division 5.2	Hearing of appeals
	47	Jurisdiction	23
	48	Appeals—filing	23
	49	Suspension of decision pending hearing of the appeal	24
	50	Parties	24
	51	Notice of hearing	24
	52	Representation	24
	53	Bond	25
	54	Hearings to be in public	25
	55	Adjournments	25
	56	Record of proceedings	25
	57	Evidence	25
	58	Procedure for decision by the tribunal	26
	59	Principles on which decisions made	26
	60	Orders etc that may be made by the tribunal	26
	61	Decisions of tribunal final and binding	26
Part 5A	Jockeys accident insurance
	61A	Definitions—pt 5A	27
	61B	Accident insurance arrangements—authorisation	28
	61C	Accident insurance arrangements—operation	29
	61D	Notices relating to accident insurance arrangements	30
Part 5B	Use of race field information
Division 5B.1	Limits on use of race field information
	61E	Definitions—pt 5B	31
	61F	Offence—use of race field information without approval	34
	61G	Offence—failing to pay race field information charge	34
	61H	Offence—failing to comply with condition on approval	35
	61I	Criminal liability of executive officers	35
Division 5B.2	Approval and conditions
	61J	Application for approval to use race field information	37
	61K	Issue of approval	37
	61L	Suitable person	37
	61M	Condition on approval—race field information charge	39
	61N	Other conditions of approval	39
	61O	Form of approval	39
	61P	Renewal of approval	39
	61Q	Issue of renewed approval	40
	61R	Revocation of approval	40
Division 5B.3	Race field information charge
	61S	Liability to pay race field information charge	41
	61T	Setting a race field information charge	41
	61U	Race field information fund	42
	61V	Reporting	43
	61W	Commission to undertake functions	43
	61X	Authorisations for Competition and Consumer Act and Competition Code	43
Part 6	Notification and review of decisions
	62	Meaning of reviewable decision—pt 6	45
	63	Reviewable decision notices	45
	64	Applications for review	45
Part 7	Miscellaneous
	66	Regulation-making power	46
	67	Determination of fees	46
Schedule 1	Members of the tribunal	47
	1.1	Tribunal members—appointment	47
	1.3	Tribunal members—term	47
	1.4	Tribunal members—ending of appointment	48
	1.6	Tribunal members—leave of absence	48
	1.7	Tribunal members—disclosure of interests	48
Schedule 2	Assessors of the tribunal	50
	2.1	Assessors—appointment	50
	2.2	Assessors—term	50
	2.3	Assessors—ending of appointments	50
	2.5	Assessors—disclosure of interests	51
Schedule 3	Reviewable decisions	52
Dictionary		53
Endnotes
	1	About the endnotes	58
	2	Abbreviation key	58
	3	Legislation history	59
	4	Amendment history	62
	5	Earlier republications	70

Australian Capital Territory
Racing Act 1999

An Act to regulate thoroughbred racing, harness racing and greyhound racing conducted for the purpose of betting, and for related purposes

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Racing Act 1999.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
	For example, the signpost definition ‘licensed racecourse—section 5.’ means that the term ‘licensed racecourse’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Control of races for the purpose of betting
Division 2.1	Race meetings
4	Restriction on races for the purpose of betting
	(1)	A person must not conduct a race for the purpose of betting, except at an authorised race meeting.
Maximum penalty:  100 penalty units.
	(2)	A person must not participate in a race conducted for the purpose of betting, except at an authorised race meeting, as—
	(a)	rider or driver of an animal; or
	(b)	trainer; or
	(c)	owner; or
	(d)	in a capacity prescribed by regulation.
Maximum penalty:  100 penalty units.
	(3)	It is a defence to a charge for an offence against subsection (2) that the person did not know, and had no reason to suppose, that the race was being conducted for the purpose of betting.
5	Licensed racecourses
	(1)	A racecourse is a licensed racecourse in relation to a controlling body or an ARO if approved as such by the commission on an application by the body or ARO.
	(2)	A racecourse that was nominated by the ARO under section 34 (1) (c) (ii) is approved as a licensed racecourse in relation to the ARO.
	(3)	The commission may revoke approval of a licensed racecourse in relation to a controlling body or an ARO—
	(a)	at the request of the controlling body or ARO concerned; or
	(b)	after determining by an inquiry that the approval should be revoked.
6	Approval of betting at certain race meetings
	(1)	The commission may approve race meetings for the purposes of betting, in accordance with this section.
	(2)	A controlling body may propose for approval by the commission a race meeting for the purpose of betting that is to be held at a licensed racecourse of the body by another person.
	(3)	In proposing such a race meeting, the controlling body may attach such conditions as it thinks appropriate.
7	Schedules of race meetings
	(1)	A controlling body or an ARO must publish from time to time a schedule of race meetings to be held by the body or ARO.
	(2)	The commission may require schedules to be published at times and in a form approved by the commission.
	(3)	A schedule must specify for each authorised race meeting—
	(a)	the day when it is to be held; and
	(b)	the racecourse where it is to be held; and
	(c)	the person or body who will conduct the meeting; and
	(d)	where any race at the race meeting will be subject to special rules as to racing or betting—
	(i)	the rules under which the race will be held; and
	(ii)	the rules under which any betting on the race will be conducted; and
	(iii)	an address where members of the public may obtain copies of the rules before the day of the race meeting.
8	Race meetings to be conducted in compliance with conditions
A person conducting a race meeting must comply with this Act and with any conditions set under section 6 (3) or section 34 (3).
Maximum penalty:  50 penalty units.
9	Phantom meetings
A person must not conduct a race meeting for the purpose of betting without running races at the meeting, other than with the approval in writing of the commission, unless—
	(a)	the meeting is an authorised race meeting; and
	(b)	races were scheduled to be run at the meeting and nominations called for; and
	(c)	sufficient nominations were received for races to be run at the meeting; and
	(d)	the races were cancelled only because of unforeseen circumstances; and
	(e)	those circumstances did not permit the cancellation to be made more than 2 business days before the meeting.
Division 2.2	Approved rules
10	Application of approved rules  of a controlling body
The approved rules  of a controlling body apply in relation to—
	(a)	a person (an affected person) registered with or licensed by—
	(i)	the controlling body; or
	(ii)	where the registration or licence is of a kind recognised by the controlling body for the purposes of the rules—a corresponding body that deals with racing of the same kind; and
	(b)	an animal registered with or licensed by a body referred to in paragraph (a) (i) or (ii); and
	(c)	a person who was formerly an affected person—
	(i)	whose registration or licence is under suspension; or
	(ii)	so far as the rules relate to the dealings of the person with an affected person—whose registration or licence is cancelled; and
	(d)	subject to any approval by the commission of special rules—a race meeting conducted by the controlling body; and
	(e)	any premises owned or occupied by the controlling body.
11	Application of approved rules of an ARO
The approved rules of an ARO apply in relation to—
	(a)	a person registered with or licensed by the ARO (an affected person); and
	(b)	an animal registered with or licensed by the ARO; and
	(c)	a person who was formerly an affected person—
	(i)	whose registration or licence is under suspension; or
	(ii)	so far as the rules relate to the dealings of the person with an affected person—whose registration or licence is cancelled; and
	(d)	subject to any approval by the commission of special rules—any authorised race meeting conducted by the ARO; and
	(e)	any premises owned or occupied by the ARO.
12	Approval of special rules for race meetings
The commission may approve, on the application of a controlling body or an ARO, rules other than the approved rules for a race meeting, or for some races at a race meeting.
13	Special rules to be made available before a race meeting
A person conducting a race meeting at which special rules will apply must ensure that any member of the public is able to obtain a copy of the rules—
	(a)	from the time of publication of the relevant schedule under section 7—at the address specified in the schedule; and
	(b)	on the day of the meeting—at the racecourse.
Maximum penalty:  50 penalty units.
14	Application of special rules
	(1)	Special rules apply in relation to—
	(a)	the races or race meeting in relation to which they were approved; and
	(b)	a person or animal participating in a race in relation to which they were approved.
	(2)	For this section, where special rules are approved in relation to a race meeting, they are approved in relation to each race at that meeting.

Part 3	Controlling bodies
Division 3.1	Controlling body for thoroughbred racing
15	Racing club is the controlling body for thoroughbred racing
	(1)	The Australian Capital Territory Racing Club Inc. (the racing club), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to thoroughbred racing for this Act.
	(2)	The racing club must not amend its constitution without giving the commission 14 days notice in writing.
	(3)	The constitution of the racing club must be consistent with this Act and must give it the necessary capacity to fulfil its functions under this Act.
16	Functions of the racing club 
	(1)	The functions of the racing club are— 
	(a)	to conduct thoroughbred race meetings and thoroughbred races within the Territory; and
	(b)	to participate in the national body coordinating thoroughbred racing in Australia; and
	(c)	to make or adopt rules to govern the conduct of thoroughbred racing and betting conducted at race meetings; and
	(d)	to prepare and implement plans and strategies for the management of the financial affairs of the thoroughbred racing code and for the development, promotion and marketing of the code; and
	(e)	to approve race meetings to be conducted by other people, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and
	(f)	to advise and inform the Minister as he or she requires. 
	(2)	The racing club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body in relation to—
	(a)	the registration of animals; or
	(b)	the endorsement and recognition of disqualifications, licences, permits and defaulters; or
	(c)	any other matter relating to the administration and control of racing.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
17	Delegation by racing club
The racing club may delegate its functions under this Act to a member, officer or employee of the racing club.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
18	Racing club—reports and accounts
The racing club must give the commission a copy of each report and statement of accounts that it gives to its members.
19	Rules of thoroughbred racing
	(1)	The racing club may adopt the Australian Rules of Racing (as adopted by the Australian Racing Board and in force from time to time).
	(2)	Subject to this Act, the racing club may make local rules in accordance with the Australian Rules of Racing.
	(3)	Rules made or adopted by the racing club under this section are not subordinate laws under the Legislation Act.
20	Racing club—appointment of administrator
	(1)	The Minister may, if advised to do so by the commission following an inquiry, suspend the appointments of the directors of the racing club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution.
Note	For the making of appointments, see the Legislation Act, pt 19.3.  
	(2)	If the Minister acts under subsection (1), the Minister must ensure that, not later than 7 sitting days after the day the Minister takes the action—
	(a)	the Legislative Assembly is told of the action; and
	(b)	a copy of the commission’s advice is presented to the Assembly.
	(3)	To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1).
	(4)	The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under this section.
Division 3.2	Controlling body for harness racing 
21	Harness club is the controlling body for harness racing
	(1)	The Canberra Harness Racing Club Inc. (the harness club), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to harness racing for this Act.
	(2)	The harness club must not amend its constitution without giving the commission 14 days notice in writing.
	(3)	The constitution of the harness club must be consistent with this Act and must give it the necessary capacity to fulfil its functions under this Act.
22	Functions of the harness club 
	(1)	The functions of the harness club are—
	(a)	to conduct harness race meetings and harness races within the Territory; and
	(b)	to participate in the national body coordinating harness racing in Australia; and
	(c)	to make or adopt rules to govern the conduct of harness racing and betting conducted at race meetings; and
	(d)	to prepare and implement plans and strategies for the management of the financial affairs of the harness racing code and for the development, promotion and marketing of the code; and
	(e)	to approve race meetings to be conducted by other people, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and
	(f)	to advise and inform the Minister as he or she requires. 
	(2)	The harness club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body in relation to—
	(a)	the registration of animals; or
	(b)	the endorsement and recognition of disqualifications, licences, permits and defaulters; or
	(c)	any other matter relating to the administration and control of racing.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
23	Delegation by harness club
The harness club may delegate its functions under this Act to a member, officer or employee of the harness club.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
24	Harness club—reports and accounts
The harness club must give the commission a copy of each report and statement of accounts that it gives to its members.
25	Rules of harness racing
	(1)	Subject to this Act, the harness club may make rules for—
	(a)	the regulation, control and promotion of the sport of harness racing; and
	(b)	the conduct of harness race meetings and harness races within the Territory; and
	(c)	betting conducted at harness race meetings.
	(2)	The harness club may make rules consistent with those made by corresponding bodies in Australia in relation to harness racing.
	(3)	Rules made by the harness club under this section are not subordinate laws under the Legislation Act.
26	Harness club—appointment of administrator
	(1)	The Minister may, if advised to do so by the commission following an inquiry, suspend the appointments of the directors of the harness club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution.
Note	For the making of appointments, see the Legislation Act, pt 19.3.  
	(2)	Where the Minister acts under this section, he or she must ensure that—
	(a)	the Legislative Assembly is informed of the action; and
	(b)	a copy of the advice of the commission is presented to the Assembly;
within 7 sitting days after the action.
	(3)	To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1).
	(4)	The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under this section.
Division 3.3	Controlling body for greyhound racing 
27	Greyhound club is the controlling body for greyhound racing
	(1)	The Canberra Greyhound Racing Club Inc. (the greyhound club), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to greyhound racing for this Act.
	(2)	The greyhound club must not amend its constitution without giving the commission 14 days notice in writing.
	(3)	The constitution of the greyhound club must be consistent with this Act and must give it the necessary capacity to fulfil its functions under this Act.
28	Functions of the greyhound club 
	(1)	The functions of the greyhound club are—
	(a)	to conduct greyhound race meetings and greyhound races within the Territory; and
	(b)	to participate in the national body coordinating greyhound racing in Australia; and
	(c)	to make or adopt rules to govern the conduct of greyhound racing and betting conducted at race meetings; and
	(d)	to prepare and implement plans and strategies for the management of the financial affairs of the greyhound racing code and for the development, promotion and marketing of the code; and
	(e)	to approve race meetings to be conducted by other people, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and
	(f)	to advise and inform the Minister as he or she requires. 
	(2)	The greyhound club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body in relation to—
	(a)	the registration of animals; or
	(b)	the endorsement and recognition of disqualifications, licences, permits and defaulters; or
	(c)	any other matter relating to the administration and control of racing.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
29	Delegation by greyhound club
The greyhound club may delegate its functions under this Act to a member, officer or employee of the greyhound club.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
30	Greyhound club—reports and accounts
The greyhound club must give the commission a copy of each report and statement of accounts that it gives to its members.
31	Rules of greyhound racing
	(1)	Subject to this Act, the greyhound club may make rules for—
	(a)	the regulation, control and promotion of the sport of greyhound racing; and
	(b)	the conduct of greyhound race meetings and greyhound races within the Territory; and
	(c)	betting conducted at greyhound race meetings.
	(2)	The greyhound club may make rules consistent with those made by corresponding bodies in Australia in relation to greyhound racing.
	(3)	Rules made by the greyhound club under this section are not subordinate laws under the Legislation Act.
32	Greyhound club—appointment of administrator
	(1)	The Minister may, if advised to do so by the commission following an inquiry, suspend the appointments of the directors of the greyhound club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution.
Note	For the making of appointments, see the Legislation Act, pt 19.3.  
	(2)	Where the Minister acts under this section, he or she must ensure that—
	(a)	the Legislative Assembly is informed of the action; and
	(b)	a copy of the advice of the commission is presented to the Assembly;
within 7 sitting days after the action.
	(3)	To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1).
	(4)	The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under this section.

Part 4	Approved racing organisations
    
33	Approved racing organisations
	(1)	The commission may approve, in accordance with this part, a racing organisation to be an approved racing organisation (an ARO).
	(2)	An ARO may conduct race meetings consisting of races of the kinds specified in its instrument of approval for the purposes of betting.
	(3)	The commission must not approve an ARO to conduct race meetings that include thoroughbred races.
34	Applications
	(1)	An applicant for approval to be an ARO must—
	(a)	be a body corporate; and
	(b)	have the capacity—
	(i)	to conduct and control race meetings for the purpose of betting; and
	(ii)	ensure that races conducted by it will be conducted honestly and free from criminal influence; and
	(c)	provide to the commission—
	(i)	a copy of the rules under which it proposes to conduct race meetings (including a specification of the kinds of races); and
	(ii)	the particulars of the racecourse or racecourses where it proposes to conduct race meetings; and
	(iii)	such other information as the commission requires for the purpose of evaluating the application.
	(2)	If the commission is satisfied that—
	(a)	the applicant satisfies subsection (1) (a) and (b); and
	(b)	the rules referred to in subsection (1) (c) (i) are satisfactory;
the commission must approve an application unless it has determined by an inquiry that it would be against the public interest to do so.
	(3)	An approval may be subject to such conditions as the commission thinks appropriate.
	(4)	An approval under this section includes an approval of the rules referred to in subsection (1) (c) (i).
	(5)	If the commission refuses an application, it must give the reasons for the decision in writing.
	(6)	An applicant who is refused approval under subsection (3) on the ground that the commission is satisfied that it would be against the public interest may apply to the Minister for a review of the decision.
	(7)	The Minister, on reviewing the decision, may direct the commission to grant approval to the applicant.
	(8)	A direction by the Minister under subsection (7)—
	(a)	is a disallowable instrument; and
	(b)	takes effect, unless disallowed, at the end of the period during which it is disallowable.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
35	Variation of conditions or approved rules
	(1)	The commission may, on its own initiative or on the application of an ARO, add to or vary any conditions of approval under section 34 (3).
	(2)	The commission may, on the application of an ARO, approve a change to the rules approved under section 34 (4).
	(3)	In considering whether to act under this section, the commission must satisfy itself as to the matters referred to in section 34 (2), and may require the ARO to provide such information as it requires for that purpose.
36	Revocation of approval of AROs
	(1)	If the commission is satisfied, following an inquiry, that an ARO no longer satisfies section 34 (1) (a) or (b), or has contravened a provision of this Act, it may revoke the organisation’s approval.
	(2)	If the commission is satisfied that it is no longer in the public interest that an ARO be approved, it may direct the commission to revoke the organisation’s approval. 
	(3)	A direction by the commission under subsection (2)— 
	(a)	is a disallowable instrument; and
	(b)	takes effect, unless disallowed, at the end of the period during which it is disallowable. 
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
37	AROs must provide reports
An ARO must provide the commission with a copy of each report or statement of accounts of the organisation provided to members or shareholders of the organisation. 

Part 5	The Racing Appeals Tribunal
Division 5.1	The tribunal
38	Establishment
The Racing Appeals Tribunal is established.
39	Functions
The functions of the tribunal are—
	(a)	to hear and determine appeals; and
	(b)	to exercise the functions given to the tribunal by this Act or another Act.
40	Membership
	(1)	The tribunal must consist of—
	(a)	a president; and
	(b)	a deputy president; and
	(c)	4 other members.
	(2)	The appointment and conditions of office of members of the tribunal must be in accordance with schedule 1.
41	Constitution for appeals
	(1)	For the purpose of hearing an appeal, the tribunal must be constituted, subject to subsection (2), by 3 members, of which 1 must be the president or deputy president.
	(2)	If the president is satisfied that an appeal for hearing is of a sufficiently minor nature, the tribunal must be constituted as determined by the president.
	(3)	The tribunal, separately constituted under this section, may sit simultaneously to determine separate matters.
42	Assessors
	(1)	The tribunal may have assessors.
	(2)	The president may direct that the tribunal, in hearing an appeal, must be assisted by 1 or more assessors.
	(3)	An assessor assisting the tribunal may assist and advise the tribunal on any matter before it, but must not adjudicate on any matter.
	(4)	The appointment and conditions of office of assessors must be in accordance with schedule 2.
43	Powers in relation to witnesses etc
	(1)	The president, the deputy president or the registrar, may, by written notice given to a person, require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following:
	(a)	to give evidence;
	(b)	to produce a stated document or other thing relevant to the hearing.
	(2)	The member presiding at a hearing of the tribunal may require a witness appearing before the tribunal to give evidence to do 1 or more of the following:
	(a)	to take an oath;
	(b)	to answer a question relevant to the hearing; 
	(c)	to produce a stated document or other thing relevant to the hearing.
Note 1	Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).
Note 2	The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
	(3)	The tribunal may inspect or make copies of any document or other thing produced before the tribunal and keep it for the reasonable period it considers appropriate.
44	Application of Criminal Code, ch 7
An appeal before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).
Note	That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.
45	Rules of the tribunal
	(1)	The tribunal may make rules (the rules of the tribunal ) for the procedure of the tribunal.
	(2)	A rule made under this section is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
46	Registrar of tribunal
The chief executive officer must appoint a public servant as the registrar of the tribunal.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
46A	Protection from liability for tribunal members
	(1)	A tribunal member is not civilly liable for anything done or omitted to be done honestly and without recklessness—
	(a)	in the exercise of a function under this Act; or
	(b)	in the reasonable belief that the act or omission was in the exercise of a function under this Act.
	(2)	Any liability that would, apart from this section, attach to a tribunal member attaches instead to the Territory.
Division 5.2	Hearing of appeals
47	Jurisdiction
	(1)	The tribunal has jurisdiction to hear and determine an appeal from a person aggrieved by a decision of a controlling body, an ARO or another person conducting a race meeting if—
	(a)	the decision was made, or purported to be made, under the relevant approved rules or special rules; and
	(b)	the decision—
	(i)	disqualified or suspended a person or animal from participating in events governed by those rules in any particular capacity; or 
	(ii)	imposed a fine.
	(2)	The tribunal has jurisdiction to hear and determine an appeal from a person aggrieved by a decision of a controlling body or an ARO that requires a person not to enter a racecourse or training track.
48	Appeals—filing 
An appeal mentioned in section 47 must be filed with the registrar not later than—
	(a)	7 days after the day the appellant is told of the decision from which the appeal is made; or 
	(b)	if the tribunal allows the appeal to be filed by a later time—that time.
49	Suspension of decision pending hearing of the appeal
The president or the deputy president of the tribunal may, if satisfied that it is appropriate to do so, order that the operation of the decision appealed against be suspended until the tribunal determines otherwise.
50	Parties
The parties to an appeal are—
	(a)	the appellant; and
	(b)	the controlling body, ARO or other person whose decision is being appealed against; and
	(c)	any other person who satisfies the tribunal that the person is directly affected by or interested in the subject matter of the appeal.
51	Notice of hearing
	(1)	The tribunal must give a party to an appeal reasonable notice of the time and place at which it intends to hear the appeal.
	(2)	If a party fails to appear at a hearing, in person or by a representative, the tribunal may hear the appeal in that party’s absence. 
52	Representation
A party to an appeal may be represented—
	(a)	by a lawyer; or
	(b)	with the leave of the tribunal, by some other representative. 
53	Bond
	(1)	An appeal must not be heard by the tribunal unless the appellant has first lodged with the registrar any bond required under the rules of the tribunal .
	(2)	A bond paid by an appellant must not be refunded unless—
	(a)	the tribunal allows the appeal in whole or in part; or 
	(b)	the appellant satisfies the tribunal that the appeal was genuinely instituted on reasonable grounds and not for the purpose of delaying the operation of the decision or order under appeal. 
54	Hearings to be in public
An appeal to the tribunal must be heard in public unless the tribunal, for good reason, determines otherwise. 
55	Adjournments
The tribunal may at any time adjourn the hearing of an appeal as it considers appropriate.
56	Record of proceedings
The tribunal must keep a record of its proceedings.
57	Evidence
	(1)	Except as otherwise determined by the tribunal, an appeal must be conducted by way of rehearing on the evidence at the original hearing, but the tribunal may receive fresh evidence given orally or, if the tribunal so determines, by statutory declaration.
	(2)	The tribunal may inform itself in any way it considers appropriate.
	(3)	The tribunal must give each party to an appeal a reasonable opportunity to make submissions to the tribunal, to give evidence and to call, examine or cross-examine witnesses.
58	Procedure for decision by the tribunal 
	(1)	A decision by the tribunal must be made by a majority of the members present, with the senior member having a casting vote where there is no majority.
	(2)	For this section, the president must determine the order of seniority of members of the tribunal.
59	Principles on which decisions made
	(1)	The tribunal must act according to equity and good conscience and the substantial merits of the case without regard to technicalities and legal forms. 
	(2)	The tribunal is not bound by the rules of evidence and may inform itself on any matter as it considers appropriate.
60	Orders etc that may be made by the tribunal 
	(1)	The tribunal may, on the hearing of an appeal—
	(a)	affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, any decision or order that could have been made by the original decision-maker; 
	(b)	remit the subject matter of the appeal to the person or body that made the decision for further hearing or consideration; or
	(c)	subject to subsection (2), make any other order that the case requires. 
	(2)	The tribunal may make an order as to costs if it considers that it would be unjust for each party to bear its own costs.
61	Decisions of tribunal final and binding 
A decision of the tribunal on an appeal is final and binding on the entities affected.

Part 5A	Jockeys accident insurance
    
61A	Definitions—pt 5A
In this part:
1987 NSW Act means the Workers Compensation Act 1987 (NSW).
1998 NSW Act means the Workplace Injury Management and Workers Compensation Act 1998 (NSW).
ACT jockey means a jockey, apprentice jockey or other person who is—
	(a)	licensed by Racing NSW as an approved rider; and
	(b)	engaged—
	(i)	to ride a horse for fee or reward at a meeting for horse racing conducted or held by the racing club; or
	(ii)	in riding work in connection with horse racing (but not harness racing) on the racecourse or other premises of the racing club.
applied NSW Acts means the NSW Acts applied under section 61B.
injury has the same meaning as in the applied NSW Acts.
NSW Acts means the 1987 NSW Act and the 1998 NSW Act, including the special insurance scheme for NSW jockeys under those Acts.
Note	A reference to a law (including a law of another jurisdiction) includes a reference to—
	the law as originally made and as amended (see Legislation Act, s 102); and
	the statutory instruments made or in force under the law (see Legislation Act, s 104).
NSW jockey means a jockey, apprentice jockey or other person who is—
	(a)	licensed by Racing NSW as an approved rider; and
	(b)	taken to be a worker under the NSW Acts because of the 1998 NSW Act, schedule 1, clause 9 (1) (a) or (c).
Note	The 1998 NSW Act, schedule 1, clause 9 (1) (a) and (c) applies respectively to a person who is—
	engaged to ride a horse for fee or reward at a meeting for horse racing conducted or held by a racing club or association; or
	engaged in riding work in connection with horse racing (but not harness racing) on the racecourse or other premises of a racing club or association. 
Racing NSW—see the Thoroughbred Racing Act 1996 (NSW), section 3 (Definitions).
special insurance scheme, for NSW jockeys, means the scheme under which Racing NSW provides accident insurance as a specialised insurer for NSW jockeys under the NSW Acts.
61B	Accident insurance arrangements—authorisation
	(1)	This section applies if Racing NSW is a specialised insurer under the NSW Acts in relation to NSW jockeys.
	(2)	Racing NSW is authorised to provide accident insurance in relation to ACT jockeys.
	(3)	The authorisation under subsection (2) is for Racing NSW to act as a specialised insurer in the ACT—
	(a)	in the same way that it acts as a specialised insurer in NSW under the NSW Acts in relation to NSW jockeys; and
	(b)	as if the racing club were a racing club under those Acts.
	(4)	Without limiting subsections (2) and (3), the NSW Acts apply in the ACT for those subsections, with any necessary change and any change prescribed by regulation.
	(5)	In particular, a regulation made for subsection (4) may include changes for either or both of the following:
	(a)	excluding a provision of the applied NSW Acts; 
	(b)	applying a territory law in relation to the operation of the applied NSW Acts, including by giving jurisdiction or functions to territory courts or entities.
61C	Accident insurance arrangements—operation
	(1)	To remove any doubt—
	(a)	under the applied NSW Acts—
	(i)	an ACT jockey has the same rights and obligations (including rights and obligations in relation to common law damages) in relation to an injury suffered as an ACT jockey that a NSW jockey would have under the NSW Acts in relation to an injury suffered as a NSW jockey; and
	(ii)	the racing club and Racing NSW have the same rights and obligations (including rights and obligations in relation to common law damages) in relation to an injury suffered as an ACT jockey that they would have under the NSW Acts in relation to an injury suffered as a NSW jockey; and
	(b)	the applied NSW Acts do not create any right (whether substantive or procedural) in relation to an injury suffered as an ACT jockey that a NSW jockey would not have under the NSW Acts in relation to an injury suffered as a NSW jockey; and
	(c)	except as provided in paragraph (1) (a) (i), an ACT jockey is not entitled to recover damages for an injury suffered as an ACT jockey; and
	(d)	the Limitation Act 1985 does not apply to any claim for compensation or damages by an ACT jockey that is governed by the applied NSW Acts.
	(2)	Subsection (1) (a) and (b) has effect subject to any regulation made for this part, including a regulation made for—
	(a)	excluding a provision of the applied NSW Acts; or
	(b)	applying a territory law in relation to the operation of the applied NSW Acts, including by giving jurisdiction or functions to territory courts or entities.
61D	Notices relating to accident insurance arrangements
	(1)	The Minister must prepare a notice if—
	(a)	Racing NSW becomes a specialised insurer in relation to ACT jockeys because of the grant of a licence under the 1987 NSW Act; or
	(b)	a licence mentioned in paragraph (a)—
	(i)	is suspended or cancelled; or
	(ii)	expires.
	(2)	The notice must state the following:
	(a)	for the grant of a licence—its duration;
	(b)	for the suspension of a licence—the period of suspension; 
	(c)	for the cancellation or expiry of a licence—when the cancellation or expiry happened.
	(3)	A notice under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Part 5B	Use of race field information
Division 5B.1	Limits on use of race field information
61E	Definitions—pt 5B
In this part:
assessable turnover, of a licensed wagering operator, for a financial year means—
	(a)	the total amount of bets held on races conducted in the ACT; less
	(b)	the amount of any bet back on any race conducted in the ACT in the year.
bet back means a bet by a bookmaker on 1 or more runners in a race if the bet is made to offset, completely or partly, the bookmaker’s liability for bets made with the bookmaker on the race. 
bets held on races conducted in the ACT, by a licensed wagering operator—
	(a)	means—
	(i)	all bets and wagers accepted by the operator for any race conducted in the ACT whether or not the actual amount owing has been paid; and
	(ii)	the aggregate of all bets or wagers placed by the operator’s customers on a betting exchange for any race conducted in the ACT; but
Note	Aggregate bets on a betting exchange, is the backer’s side of wagers made by the licensed wagering operator’s customers through the operation of the betting exchange, whether or not the betting exchange is a party to the wagering contract.
	(b)	does not include—
	(i)	free or complimentary bets taken for a race conducted in the ACT; or
	(ii)	multi-leg bets that include at least 1 race conducted outside the ACT.
bets paid, in relation to a licensed wagering operator—
	(a)	means all bets and wagers paid or settled by the operator for any race conducted in the ACT; but
	(b)	does not include—
	(i)	payments made by the operator on any free or complimentary bets that were accepted; or
	(ii)	payments made by the operator on multi-leg bets that include at least 1 race conducted outside the ACT; or
	(iii)	unclaimed bets or dividends of the operator.
betting exchange—
	(a)	means a facility that allows a person—
	(i)	to place or accept, through the operator of the facility, a wager with another person; or
	(ii)	to place with the operator of the facility a wager that is matched with an opposing wager placed with the operator of the facility; but 
	(b)	does not include a facility that allows a person to place a wager only with a person who conducts bookmaking or a totalisator.
licensed wagering operator means a wagering operator holding a licence or other authority to conduct a wagering business—
	(a)	under a law of the Territory, a State or an external territory; or
	(b)	issued by a controlling body, a corresponding body, or a racing authority of the Territory, a State or an external territory. 
Note	State includes the Northern Territory—see the Legislation Act, dict, pt 1.
race field information means information in relation to an authorised race meeting in the ACT that identifies, or is capable of identifying, any of the following:
	(a)	the name, number or time of a race; 
	(b)	the name or number of a horse or greyhound nominated for, or otherwise taking part in, a race;
	(c)	the name or number of a horse or greyhound scratched or otherwise withdrawn from a race;
	(d)	the name or number of a rider of a horse nominated for, or otherwise taking part in, a race;
	(e)	the name or number of a trainer of a horse or greyhound nominated for, or otherwise taking part in, a race; 
	(f)	the outcome of a race.
racing authority, of the Territory, a State or an external territory, means an entity that controls, supervises or regulates racing in the ACT, State or external territory.
relevant net revenue, of a licensed wagering operator, means bets held on races conducted in the ACT for which the relevant controlling body or ARO has responsibility, less the following:
	(a)	any bet back by the operator on races conducted in the ACT for which the relevant controlling body or ARO has responsibility;
	(b)	bets paid on races conducted in the ACT for which the relevant controlling body or ARO has responsibility.
wagering operator means—
	(a)	a bookmaker; or
	(b)	a person who conducts a betting exchange; or
	(c)	a person who conducts a totalisator; or
	(d)	a person who otherwise conducts a wagering business; or
	(e)	a person who acts as an agent for a person mentioned in paragraph (a), (b), (c) or (d).
61F	Offence—use of race field information without approval
A licensed wagering operator commits an offence if—
	(a)	the operator uses race field information, in the ACT or elsewhere, for the conduct of the operator’s wagering business; and
	(b)	the operator does not have approval to use race field information.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
61G	Offence—failing to pay race field information charge
A licensed wagering operator commits an offence if—
	(a)	the operator has approval to use race field information in a financial year; and
	(b)	the operator is liable to pay a race field information charge under section 61S; and
	(c)	the operator has not paid the race field information charge as required under this Act.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
61H	Offence—failing to comply with condition on approval
A licensed wagering operator commits an offence if—
	(a)	the operator has approval to use race field information; and
	(b)	the operator does not comply with a condition on the approval that was imposed by the commission.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
61I	Criminal liability of executive officers
	(1)	An executive officer of a corporation commits an offence if—
	(a)	the corporation commits a relevant offence; and
	(b)	the officer was reckless about whether the relevant offence would be committed; and
	(c)	the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and
	(d)	the officer failed to take reasonable steps to prevent the commission of the relevant offence.
Maximum penalty:  The maximum penalty that may be imposed for the commission of the relevant offence by an individual. 
	(2)	In deciding whether the executive officer took (or failed to take) all reasonable steps to prevent the commission of the offence, a court must consider any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission):
	(a)	that the corporation arranges regular professional assessments of the corporation’s compliance with the provision to which the relevant offence relates;
	(b)	that the corporation implements any appropriate recommendation arising from such an assessment;
	(c)	that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates;
	(d)	any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed.
	(3)	Subsection (2) does not limit the matters the court may consider.
	(4)	Subsection (1) does not apply if the corporation would have a defence to a prosecution for the relevant offence.
Note	The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
	(5)	This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence.
	(6)	In this section:
executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
relevant offence means an offence against any of the following:
	(a)	section 4 (Restriction on races for the purpose of betting);
	(b)	section 8 (Race meetings to be conducted in compliance with conditions);
	(c)	section 61F (Offence—use of race field information without approval);
	(d)	section 61G (Offence—failing to pay race field information charge);
	(e)	section 61H (Offence—failing to comply with condition on approval).
Division 5B.2	Approval and conditions
61J	Application for approval to use race field information
A person may apply to the commission for approval to use race field information.
Note 1	If a form is approved under the Gambling and Racing Control Act 1999, s 53D for this provision, the form must be used.
Note 2	A fee may be determined under s 67 for this provision.
61K	Issue of approval 
	(1)	If a person applies for approval under section 61J the commission must—
	(a)	issue the approval; or
	(b)	refuse to issue the approval.
	(2)	The commission must not issue the approval unless satisfied that the applicant is—
	(a)	a licensed wagering operator; and
	(b)	a suitable person to hold an approval having regard to the matters mentioned in section 61L.
Note	An approval is subject to certain conditions and may be subject to other conditions imposed by the commission (see s 61M and s 61N).
61L	Suitable person
	(1)	In deciding whether an applicant is a suitable person to hold an approval the commission must have regard to the following matters:
	(a)	the applicant’s character or business reputation;
	(b)	the applicant’s current financial position and financial background;
	(c)	if the applicant has a business association with another entity—
	(i)	the other entity’s character or business reputation; and
	(ii)	the other entity’s current financial position and financial background;
	(d)	if the applicant is a corporation—
	(i)		the character or business reputation of the corporation’s executive officers; and
	(ii)	the current financial position and financial background of the corporation’s executive officers; 
	(e)	whether a prosecution or disciplinary action is proceeding under racing, gaming or wagering legislation or rules of racing or betting (whether in the Territory or elsewhere) against—
	(i)	the applicant; or
	(ii)	an employee of the applicant; or 
	(iii)	an entity with which the applicant has a business  association.
	(2)	In deciding whether an applicant is a suitable person to hold an approval the commission may have regard to any other relevant matter.
	(3)	In this section:
executive officer, of a corporation, means anyone, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
61M	Condition on approval—race field information charge
An approval issued under section 61K, or a renewal issued under section 61Q, is subject to a condition that the licensed wagering operator pay a race field information charge set under division 5B.3, if liable to do so under that division.
61N	Other conditions of approval
An approval issued under section 61K, or a renewal issued under section 61Q—
	(a)	is subject to the conditions prescribed by regulation; and
	(b)	may be subject to any other condition imposed by the commission.
61O	Form of approval
An approval to use race field information must include the following:
	(a)	the name and business address of the licensed wagering operator;
	(b)	the date of issue of the approval;
	(c)	the end date of the approval;
	(d)	any condition imposed on the approval under section 61N;
	(e)	an identifying number for the approval.
61P	Renewal of approval
	(1)	A licensed wagering operator may apply to the commission to renew an approval to use race field information—
	(a)	before the approval term ends; or
	(b)	if the commission extends the time for an application to renew—before the end of the extended time.
Note 1	If a form is approved under the Gambling and Racing Control Act 1999, s 53D for this provision, the form must be used.
Note 2	A fee may be determined under s 67 for this provision.
	(2)	To remove any doubt, if the commission extends the time under subsection (1) (b), the approval continues until the end of the extended time.
61Q	Issue of renewed approval 
	(1)	If a licensed wagering operator applies under section 61P to renew an approval, the commission must—
	(a)	renew the approval; or
	(b)	refuse to renew the approval.
	(2)	The commission must not renew the approval unless satisfied that the applicant is—
	(a)	a licensed wagering operator; and
	(b)	a suitable person to hold an approval having regard to the matters mentioned in section 61L.
Note	A renewal is subject to certain conditions and may be subject to other conditions imposed by the commission (see s 61M and s 61N).
61R	Revocation of approval
The commission may revoke the approval of a licensed wagering operator if the operator—
	(a)	fails to comply with a condition on the approval; or
	(b)	stops being a suitable person to hold an approval having regard to the matters mentioned in section 61L; or
	(c)	stops being a licensed wagering operator; or
	(d)	contravenes a provision of this part.
Division 5B.3	Race field information charge 
61S	Liability to pay race field information charge 
	(1)	A licensed wagering operator is liable to pay a race field information charge for a financial year (the charge year) if—
	(a)	at the time the operator applies for, or seeks renewal of, approval to use race field information—the assessable turnover of the operator for the most recent complete financial year is more than the amount determined for this section; or
	(b)	if the operator is not liable under paragraph (a)—the assessable turnover of the operator for the charge year is more than the amount determined for this section.
	(2)	An amount paid by a licensed wagering operator as a race field information charge for a financial year must be refunded to the operator if—
	(a)	the operator has paid the charge for the charge year; and
	(b)	the assessable turnover of the operator for the charge year is not more than the amount determined for this section.
	(3)	A regulation may prescribe the way in which a race field information charge is paid, including the time when payments must be made and refunds given.  
	(4)	The Minister may determine an amount for this section.
	(5)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
61T	Setting a race field information charge
	(1)	A controlling body or ARO, before 31 March in a financial year—
	(a)	may set a race field information charge for the following financial year (the charge year) for the use of race field information in relation to races for which the controlling body or ARO has responsibility; and
	(b)	if a race field information charge is set under paragraph (a)—must give the commission written notice of the charge.
	(2)	A race field information charge set under subsection (1) must—
	(a)	be a stated percentage of the relevant net revenue of a licensed wagering operator for the charge year; and
	(b)	be inclusive of GST.
	(3)	A race field information charge is a debt due by a licensed wagering operator to the controlling body or ARO that set the charge. 
	(4)	If the commission receives a notice under subsection (1) (b), the commission must, before 30 June in the financial year, notify each licensed wagering operator with approval to use race field information of the race field information charge for the charge year.
61U	Race field information fund
	(1)	The commission must open and maintain a banking account (the race field information fund).
	(2)	A payment into the race field information fund made by a licensed wagering operator discharges the liability under section 61S to the extent of the payment.
	(3)	The following payments must be made out of the race field information fund:
	(a)	to the commission—an administration fee prescribed by regulation;
	(b)	to a controlling body—the race field information charge paid into the fund for the controlling body less any prescribed administration fee; 
	(c)	to an ARO—the race field information charge paid into the fund for the ARO less any prescribed administration fee;
	(d)	to a licensed wagering operator—a refund payable to the operator under section 61S (2) (Liability to pay race field information charge).
	(4)	In this section:
banking account means an account with an authorised deposit‑taking institution that is, or is substantially the same as, a bank account.
61V	Reporting
	(1)	A licensed wagering operator must report to the commission on the assessable turnover and relevant net revenue of the operator.
	(2)	A regulation may prescribe requirements for reporting on the assessable turnover, relevant net revenue and any other matter.
61W	Commission to undertake functions
The commission must undertake functions to facilitate the operation of division 5B.3, including the collection and distribution of the race field information charge.
61X	Authorisations for Competition and Consumer Act and Competition Code 
	(1)	The following things are authorised for the Competition and Consumer Act 2010 (Cwlth) and the Competition Code:
	(a)	an agreement entered into between—
	(i)	2 or more controlling bodies or AROs in relation to the appointment of an agent (an appointed agent), or the collection by an agent of a charge payable under this part; or
	(ii)	1 or more controlling bodies or AROs and any corresponding body of another State or external territory in relation to the appointment of an agent (an appointed agent), or the collection by an agent of a charge payable under this part for the use of  race field information;
	(b)	the conduct of a controlling body, an ARO or an appointed agent in negotiating and entering into the agreement;
	(c)	the conduct of a controlling body, an ARO or an appointed agent in performing the agreement.	
	(2)	Anything authorised under subsection (1) is authorised only to the extent to which it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code.
	(3)	In this section:
agreement includes a contract, arrangement or understanding.
Competition Code—see the Competition Policy Reform Act 1996, dictionary.

Part 6	Notification and review of decisions
    
62	Meaning of reviewable decision—pt 6
In this part:
reviewable decision means a decision of the commission mentioned in schedule 3, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
63	Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 3, column 4 in relation to the decision.
Note 1	The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
64	Applications for review
The following people may apply to the ACAT for review of a reviewable decision:
	(a)	an entity mentioned in schedule 3, column 4 in relation to the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. 

Part 7	Miscellaneous
    
66	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	The regulations may—
	(a)	specify the manner in which a controlling body is to fulfil its functions under this Act;
	(b)	provide in relation to the operations and functions of the tribunal; and
	(c)	limit the jurisdiction of the tribunal in relation to any of the approved or special rules by excluding appeals in relation to—
	(i)	fines of less than an amount specified; or
	(ii)	suspensions shorter than a length of time specified.
67	Determination of fees
	(1)	The Minister may determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1	Members of the tribunal
(see s 40)
    
1.1	Tribunal members—appointment
	(1)	Members of the tribunal are to be appointed by the Minister.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(2)	The president and deputy president must be lawyers of not less than 5 years standing.
	(3)	A person is not eligible to be a member of the tribunal if the person is—
	(a)	an officer or employee of a controlling body;  
	(b)	registered with or licensed by a controlling body under the approved rules (otherwise than as the owner of a horse or dog that is so registered or licensed); or
	(c)	registered with or licensed by a corresponding body (otherwise than as the owner of a horse or dog that is so registered or licensed), if the registration or licence is of a kind recognised by a controlling body for the approved rules.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
1.3	Tribunal members—term
A member of the tribunal must be appointed for a term not longer than 3 years.
1.4	Tribunal members—ending of appointment
	(1)	The Minister must end the appointment of a member of the tribunal if the member—
	(a)	ceases to be eligible for membership in the relevant capacity; or
	(b)	becomes bankrupt or personally insolvent; or
Note	Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
	(c)	fails to disclose an interest as required by section 1.7.
	(2)	The Minister may end the appointment of a member of the tribunal for misbehaviour or physical or mental incapacity.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
1.6	Tribunal members—leave of absence
The Minister may grant a member of the tribunal leave of absence on the terms and conditions about remuneration and otherwise that the Minister decides.
1.7	Tribunal members—disclosure of interests
	(1)	This section applies if a member has or acquires an interest that could conflict with the member’s proper exercise of his or her functions as a member of the tribunal as constituted for a hearing.
	(2)	A member must tell the president when it becomes apparent that this section applies in relation to the member.
	(3)	As far as is reasonably possible, the tribunal must be constituted or reconstituted for the hearing so that the member concerned is not involved.
	(4)	If circumstances require the member to be, or remain, on the tribunal as constituted for the hearing—
	(a)	the member must disclose the interest to the parties; and
	(b)	the member must not take part in the hearing, or exercise any powers in relation to it, except with the consent of all the parties.

Schedule 2	Assessors of the tribunal
(see s 42)
2.1	Assessors—appointment
Assessors are to be appointed by the Minister from among people who the Minister is satisfied have special knowledge of or experience in the racing industry.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
2.2	Assessors—term
An assessor must be appointed for a term not longer than 3 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
2.3	Assessors—ending of appointments
	(1)	The Minister must end the appointment of an assessor if the assessor fails to disclose an interest as required by section 2.5.
	(2)	The Minister may end the appointment of an assessor for misbehaviour or physical or mental incapacity.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
2.5	Assessors—disclosure of interests
An assessor—
	(a)	must tell the president if it becomes apparent that the assessor has or has acquired an interest that could conflict with the assessor’s proper exercise of his or her functions as assessor of the tribunal in a hearing; and
	(b)	must not take part in the hearing.

Schedule 3	Reviewable decisions
(see pt 6)

column 1
item	column 2
section	column 3
decision	column 4
entity	
1	6 (1)	refuse to approve race meeting for purpose of betting	applicant for approval	
2	7 (2)	impose requirement about time and form of publication of schedules	controlling body or ARO	
3	9	refuse to approve conduct of phantom race meeting	applicant for approval	
4	12	refuse to approve rules other than approved rules	applicant for approval	
5	61K (1) (b)	refuse to issue approval 	applicant for approval	
6	61N (b)	issue approval on condition	applicant for approval	
7	61N (b)	renew approval on condition	licensed wagering operator	
8	61Q (1) (b)	refuse to renew approval 	licensed wagering operator 	
9	61R	revoke approval	the person whose approval was revoked 	

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	entity
·	external territory
·	gambling and racing commission
·	GST
·	Legislative Assembly
·	Minister (see s 162)
·	penalty unit (see s 133)
·	reviewable decision notice
·	sitting day
·	State.
1987 NSW Act, for part 5A (Jockeys accident insurance)—see section 61A.
1998 NSW Act, for part 5A (Jockeys accident insurance)—see section 61A.
ACT jockey, for part 5A (Jockeys accident insurance)—see section 61A.
applied NSW Acts, for part 5A (Jockeys accident insurance)—see section 61A.
approved rules means—
	(a)	in relation to the racing club—the rules of thoroughbred racing; and
	(b)	in relation to the harness club—the rules of harness racing; and
	(c)	in relation to the greyhound club—the rules of greyhound racing; and
	(d)	in relation to an ARO—the rules approved under section 34 (4) in relation to the ARO, or as later varied under section 35 (2).
ARO means an approved racing organisation approved under section 33.
assessable turnover, for part 5B (Use of race field information)—see section 61E.
authorised race meeting means a race meeting—
	(a)	conducted by a controlling body or an ARO in accordance with this Act; or
	(b)	approved by the commission under section 6;
and listed in a schedule published in accordance with section 7.
bet back, for part 5B (Use of race field information)—see section 61E.
bets held on races conducted in the ACT, for part 5B (Use of race field information)—see section 61E.
bets paid, for part 5B (Use of race field information)—see section 61E.
betting exchange, for part 5B (Use of race field information)—see section 61E.
chief executive officer means the chief executive officer of the gambling and racing commission.
commission means the Gambling and Racing Commission established by the Gambling and Racing Control Act 1999.
controlling body means—
	(a)	the racing club; or
	(b)	the harness racing club; or
	(c)	the greyhound racing club.
corresponding body means a body in another jurisdiction, within or outside Australia, that performs functions similar to those of a controlling body.
deputy president means the deputy president of the tribunal referred to in section 40.
director, in relation to a controlling body, means a person occupying or acting in the position of a director of the body, by whatever name called.
greyhound club means the Canberra Greyhound Racing Club Inc. referred to in section 27.
harness club means the Canberra Harness Racing Club Inc. referred to in section 21.
injury, for part 5A (Jockeys accident insurance)—see section 61A.
inquiry, in relation to the commission, means an inquiry conducted by the commission in accordance with the Gambling and Racing Control Act 1999.
licensed racecourse—see section 5.
licensed wagering operator, for part 5B (Use of race field information)—see section 61E. 
NSW Acts, for part 5A (Jockeys accident insurance)—see section 61A.
NSW jockey, for part 5A (Jockeys accident insurance)—see section 61A.
president means the president of the tribunal referred to in section 40.
race means—
	(a)	a thoroughbred race; or
	(b)	a harness race; or
	(c)	a greyhound race; or
	(d)	a race of a kind prescribed by regulation.
race field information, for part 5B (Use of race field information)—see section 61E.
race field information charge means a race field information charge set under section 61T.
race meeting means an event at which races are conducted.
racing authority, for part 5B (Use of race field information)—see section 61E.
racing club means the Australian Capital Territory racing club Inc. referred to in section 15.
Racing NSW, for part 5A (Jockeys accident insurance)—see the Thoroughbred Racing Act 1996 (NSW), section 3.
registrar means the registrar of the tribunal appointed under section 46.
relevant net revenue for part 5B (Use of race field information)—see section 61E.
reviewable decision, for part 6 (Notification and review of decisions)—see section 62.
rules of greyhound racing means the rules made under section 31.
rules of harness racing means the rules made under section 25.
rules of the tribunal means the rules of procedure made under section 45.
rules of thoroughbred racing means the rules made or adopted under section 19.
special insurance scheme, for NSW jockeys, for part 5A (Jockeys accident insurance)—see section 61A.
special rules means rules of racing or betting approved under section 12.
tribunal means the Racing Appeals Tribunal established under part 5.
wagering operator, for part 5B (Use of race field information)—see section 61E.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
Racing Act 1999 A1999-1
notified 26 February 1999 (Gaz 1999 No S7)
s 1, s 2 commenced 26 February 1999 (s 2 (1))
remainder commenced 2 July 2001 (s 2 (2), Gaz 2001 No S42 and IA s 10C)
as amended by
Gambling and Racing Control (Consequential Provisions) Act 1999 A1999-47 sch
notified 17 September 1999 (Gaz 1999 No S54)
s 1, s 2 commenced 17 September 1999 (s 2 (1))
sch commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 319
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 319 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.21
notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.21 commenced 19 December 2003 (s 2)
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.29
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.29 commenced 13 April 2004 (s 2 and CN2004-5)
Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.26
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.26 commenced 23 November 2005 (s 2)
Racing (Jockeys Accident Insurance) Amendment Act 2006 A2006-7
notified LR 16 March 2006
s 1, s 2 commenced 16 March 2006 (LA s 75 (1))
remainder commenced 17 March 2006 (s 2)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.19
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.19 commenced 16 November 2006 (s 2 (1))
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.86
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.86 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.62
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.62 commenced 22 September 2009 (s 2)
Racing Amendment Act 2009 A2009-53
notified LR 15 December 2009
s 1, s 2 commenced 15 December 2009 (La s 75 (1))
remainder commenced 1 March 2010 (s 2)
Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010‑54 sch 3 pt 3.20
notified LR 16 December 2010
s 1, s 2 commenced 16 December 2010 (LA s 75 (1))
sch 3 pt 3.20 commenced 1 January 2011 (s 2 (1))
Statute Law Amendment Act 2011 A2011-3 sch 1 pt 1.5
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 1 pt 1.5 commenced 1 March 2011 (s 2)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.129
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.129 commenced 1 July 2011 (s 2 (1))
Racing Amendment Act 2013 A2013-1
notified LR 20 February 2013
s 1, s 2 commenced 20 February 2013 (LA s 75 (1))
remainder awaiting commencement (s 2)
Note	default commencement under LA s 79: 20 August 2013
Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.7
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))
sch 1 pt 1.7 commenced 22 February 2013 (s 2)

4	Amendment history
Name of Act
s 1	sub A2003‑56 amdt 3.179
Dictionary
s 2	om A2001‑44 amdt 1.3513
	ins A2003‑56 amdt 3.181
Notes
s 3	defs reloc to dict A2003‑56 amdt 3.180
	def penalty unit om A2001‑44 amdt 1.3514
	sub A2003‑56 amdt 3.181
Licensed racecourses
s 5	am A1999‑47 sch; A2003‑56 amdt 3.182; ss renum R2 LA (see A2003‑56 amdt 3.183)
Approval of betting at certain race meetings
s 6	am A1999‑47 sch
Schedules of race meetings
s 7	am A1999‑47 sch
Phantom meetings
s 9	am A1999‑47 sch
Application of approved rules  of a controlling body
s 10	am A1999‑47 sch
Application of approved rules  of an ARO
s 11	am A1999‑47 sch
Approval of special rules for race meetings
s 12	am A1999‑47 sch
Racing club is the controlling body for thoroughbred racing
s 15	am A1999‑47 sch
Functions of the racing club
s 16	am A2003‑56 amdt 3.184; A2006‑42 amdt 3.175
Delegation by racing club
s 17	sub A2003‑56 amdt 3.185
Racing club—reports and accounts
s 18 hdg	sub A2006‑42 amdt 3.153
s 18	am A1999‑47 sch
Rules of thoroughbred racing
s 19	am A2001‑44 amdt 1.3515
Racing club—appointment of administrator
s 20 hdg	sub A2006‑42 amdt 3.154
s 20	am A1999‑47 sch; A2006‑42 amdt 3.155, amdt 3.156, amdt 3.174; A2008‑37 amdt 1.409; A2009‑20 amdt 3.169
Harness club is the controlling body for harness racing
s 21	am A1999‑47 sch
Functions of the harness club
s 22	am A2003‑56 amdt 3.186; A2006‑42 amdt 3.175
Delegation by harness club
s 23	sub A2003‑56 amdt 3.187
Harness club—reports and accounts
s 24 hdg	sub A2006‑42 amdt 3.157
s 24	am A1999‑47 sch
Rules of harness racing
s 25	am A2001‑44 amdt 1.3516
Harness club—appointment of administrator
s 26 hdg	sub A2006‑42 amdt 3.158
s 26	am A1999‑47 sch; A2006‑42 amdt 3.159, amdt 3.160, amdt 3.174; A2008‑37 amdt 1.410
Greyhound club is the controlling body for greyhound racing
s 27	am A1999‑47 sch
Functions of the greyhound club
s 28	am A2003‑56 amdt 3.188; A2006‑42 amdt 3.175
Delegation by greyhound club
s 29	sub A2003‑56 amdt 3.189
Greyhound club—reports and accounts
s 30 hdg	sub A2006‑42 amdt 3.161
s 30	am A1999‑47 sch
Rules of greyhound racing
s 31	am A2001‑44 amdt 1.3517
Greyhound club—appointment of administrator
s 32 hdg	sub A2006‑42 amdt 3.162
s 32	am A1999‑47 sch; A2006‑42 amdt 3.163, amdt 3.164, amdt 3.174; A2008‑37 amdt 1.411
Approved racing organisations
s 33	am A1999‑47 sch
Applications
s 34	am A1999‑47 sch
	am A2001‑44 amdt 1.3518, amdt 1.3519
Variation of conditions or approved rules
s 35	am A1999‑47 sch
Revocation of approval of AROs
s 36	am A1999‑47 sch
	am A2001‑44 amdt 1.3520, amdt 1.3521
AROs must provide reports
s 37	am A1999‑47 sch
Functions
s 39	am A2003‑56 amdt 3.190
Powers in relation to witnesses etc
s 43	am A2003‑56 amdt 3.191
	sub A2005‑53 amdt 1.131
Application of Criminal Code, ch 7
s 44	sub A2005‑53 amdt 1.131
Rules of the Tribunal
s 45	am A2001‑44 amdt 1.3512
Registrar of tribunal
s 46	sub A2006‑42 amdt 3.165
	(2)-(4) exp 16 November 2007 (s 46 (4) (LA s 88 declaration applies))
	am A2011‑22 amdt 1.371
Protection from liability for tribunal members
s 46A	ins A2006‑42 amdt 3.166
Appeals—filing
s 48	sub A2009‑20 amdt 3.170
Representation
s 52	am A2003‑56 amdt 3.192
Jockeys accident insurance
pt 5A hdg	ins A2006‑7 s 4
Decisions of the tribunal final and binding
s 61	am A2006‑42 amdt 3.167
Definitions—pt 5A
s 61A	ins A2006‑7 s 4
	def 1987 NSW Act ins A2006‑7 s 4
	def 1998 NSW Act ins A2006‑7 s 4
	def ACT jockey ins A2006‑7 s 4
	def applied NSW Acts ins A2006‑7 s 4
	def injury ins A2006‑7 s 4
	def NSW Acts ins A2006‑7 s 4
	def NSW jockey ins A2006‑7 s 4
	def Racing NSW ins A2006‑7 s 4
	def special insurance scheme ins A2006‑7 s 4
Accident insurance arrangements—authorisation
s 61B	ins A2006‑7 s 4
Accident insurance arrangements—operation
s 61C	ins A2006‑7 s 4
Notices relating to accident insurance arrangements
s 61D	ins A2006‑7 s 4
Use of race field information
pt 5B hdg	ins A2009‑53 s 4
Limits on use of race field information
div 5B.1 hdg	ins A2009‑53 s 4
Definitions—pt 5B
s 61E	ins A2006‑7 s 4
	exp 17 March 2009 (s 61E (2) (LA s 88 declaration applies))
	ins A2009‑53 s 4
	def assessable turnover ins A2009‑53 s 4
	def bet back ins A2009‑53 s 4
	def bets held on races conducted in the ACT ins A2009‑53 s 4
	def bets paid ins A2009‑53 s 4
	def betting exchange ins A2009‑53 s 4
	def licensed wagering operator ins A2009‑53 s 4
	def race field information ins A2009‑53 s 4
	def racing authority ins A2009‑53 s 4
	def relevant net revenue ins A2009‑53 s 4
	def wagering operator ins A2009‑53 s 4
Offence—use of race field information without approval
s 61F	ins A2009‑53 s 4
Offence—failing to pay race field information charge
s 61G	ins A2009‑53 s 4
Offence—failing to comply with condition on approval
s 61H	ins A2009‑53 s 4
Criminal liability of executive officers
s 61I	ins A2009‑53 s 4
	sub A2013-4 amdt 1.8
Approval and conditions
div 5B.2 hdg	ins A2009‑53 s 4
Application for approval to use race field information
s 61J	ins A2009‑53 s 4
Issue of approval
s 61K	ins A2009‑53 s 4
Suitable person
s 61L	ins A2009‑53 s 4
Condition on approval—race field information charge
s 61M	ins A2009‑53 s 4
Other conditions of approval
s 61N	ins A2009‑53 s 4
Form of approval
s 61O	ins A2009‑53 s 4
Renewal of approval
s 61P	ins A2009‑53 s 4
Issue of renewed approval
s 61Q	ins A2009‑53 s 4
Revocation of approval
s 61R	ins A2009‑53 s 4
Race field information charge
div 5B.3 hdg	ins A2009‑53 s 4
Liability to pay race field information charge
s 61S	ins A2009‑53 s 4
Setting a race field information charge
s 61T	ins A2009‑53 s 4
Race field information fund
s 61U	ins A2009‑53 s 4
Reporting
s 61V	ins A2009‑53 s 4
Commission to undertake functions
s 61W	ins A2009‑53 s 4
Authorisations for Competition and Consumer Act and Competition Code
s 61X hdg	am A2010‑54 amdt 3.48
s 61X	ins A2009‑53 s 4
	am A2010‑54 amdt 3.49
Notification and review of decisions
pt 6 hdg	sub A2008‑37 amdt 1.412
Meaning of reviewable decision—pt 6
s 62	sub A2003‑56 amdt 3.193; A2006‑42 amdt 3.168; A2008‑37 amdt 1.412
Reviewable decision notices
s 63	sub A2006‑42 amdt 3.169; A2008‑37 amdt 1.412
Applications for review
s 64	om A2004‑9 amdt 1.39
	ins A2008‑37 amdt 1.412
Fees
s 65	om A2001‑44 amdt 1.3523
Miscellaneous
pt 7 hdg	sub A2008‑37 amdt 1.412
Regulation-making power
s 66 hdg	sub A2001‑44 amdt 1.3524
s 66	am A2001‑44 amdt 1.3525
Determination of fees
s 67	om A2006‑42 amdt 3.170
	ins A2009‑53 s 5
Repeal
s 68	om R1 (IA s 43 (3))
Consequential amendments of other Acts
s 69	om R1 (IA s 43 (3))
Members of the tribunal
sch 1	ss renum R4 LA
Tribunal members—appointment
sch 1 s 1 1 hdg	sub R6 LA
sch 1 s 1.1	am A2003‑56 amdts 3.194-3.196
Acting appointments
sch 1 s 1.2	am A2003‑56 amdt 3.197
	om A2006‑42 amdt 3.171
Tribunal members—term
sch 1 s 1.3 hdg	sub R6 LA
sch 1 s 1.3	sub A2003‑56 amdt 3.198
Tribunal members—ending of appointment
sch 1 s 1.4 hdg	am R6 LA
sch 1 s 1.4	sub A2003‑56 amdt 3.198
	am A2006‑42 amdt 3.172; A2011‑3 amdt 1.9
Remuneration and allowances
sch 1 s 1.5	om A2003‑56 amdt 3.198
Tribunal members—leave of absence
sch 1 s 1.6 hdg	am R6 LA
Tribunal members—disclosure of interests
sch 1 s 1.7 hdg	am R6 LA
Assessors of the tribunal
sch 2	ss renum R4 LA
Assessors—appointment
sch 2 s 2.1 hdg	sub R6 LA
sch 2 s 2.1	am A2003‑56 amdt 3.199; A2006‑42 amdt 3.175
Assessors—term
sch 2 s 2.2 hdg	sub R6 LA
sch 2 s 2.2	sub A2003‑56 amdt 3.200
Assessors—ending of appointments
sch 2 s 2.3 hdg	am R6 LA
sch 2 s 2.3	sub A2003‑56 amdt 3.200
Remuneration and allowances
sch 2 s 2.4	om A2003‑56 amdt 3.200
Assessors—disclosure of interests
sch 2 s 2.5 hdg	am R6 LA
Reviewable decisions
sch 3	om R1 (IA s 43 (3))
	ins A2008‑37 amdt 1.413
	am A2009‑53 s 6
Dictionary
dict	ins A2003‑56 amdt 3.201
	am A2006‑42 amdt 3.173; A2007‑38 amdt 1.414; A2009‑53 s 7; A2011‑22 amdt 1.372
	def 1987 NSW Act ins A2009‑20 amdt 3.171
	def 1998 NSW Act ins A2009‑20 amdt 3.171
	def ACT jockey ins A2009‑20 amdt 3.171
	def applied NSW Acts A2009‑20 amdt 3.171
	def approved rules reloc from s 3 A2003‑56 amdt 3.180
	def ARO reloc from s 3 A2003‑56 amdt 3.180
	def assessable turnover ins A2009‑53 s 8
	def authorised race meeting am A1999‑47 sch
	reloc from s 3 A2003‑56 amdt 3.180
	def bet back ins A2009‑53 s 8
	def bets held on races conducted in the ACT ins A2009‑53 s 8
	def bets paid ins A2009‑53 s 8
	def betting exchange ins A2009‑53 s 8
	def chief executive ins A1999‑47 sch
	reloc from s 3 A2003‑56 amdt 3.180
	om A2011‑22 amdt 1.373
	def chief executive officer ins A2011‑22 amdt 1.373
	def commission ins A1999‑47 sch
	reloc from s 3 A2003‑56 amdt 3.180
	def controlling body reloc from s 3 A2003‑56 amdt 3.180
	def corresponding body reloc from s 3 A2003‑56 amdt 3.180
	def deputy president reloc from s 3 A2003‑56 amdt 3.180
	def director reloc from s 3 A2003‑56 amdt 3.180
	def greyhound club reloc from s 3 A2003‑56 amdt 3.180
	def harness club reloc from s 3 A2003‑56 amdt 3.180
	def injury ins A2009‑20 amdt 3.171
	def inquiry ins A1999‑47 sch
	reloc from s 3 A2003‑56 amdt 3.180
	def licensed racecourse reloc from s 3 A2003‑56 amdt 3.180
	def licensed wagering operator ins A2009‑53 s 8
	def NSW Acts ins A2009‑20 amdt 3.171
	def NSW jockey ins A2009‑20 amdt 3.171
	def president reloc from s 3 A2003‑56 amdt 3.180
	def race reloc from s 3 A2003‑56 amdt 3.180
	def race field information ins A2009‑53 s 8
	def race field information charge ins A2009‑53 s 8
	def race meeting reloc from s 3 A2003‑56 amdt 3.180
	def racing authority ins A2009‑53 s 8
	def racing club reloc from s 3 A2003‑56 amdt 3.180
	def Racing NSW ins A2009‑20 amdt 3.171
	def registrar reloc from s 3 A2003‑56 amdt 3.180
	def relevant net revenue ins A2009‑53 s 8
	def reviewable decision ins A2008‑37 amdt 1.415
	def rules of greyhound racing reloc from s 3 A2003‑56 amdt 3.180
	def rules of harness racing reloc from s 3 A2003‑56 amdt 3.180
	def rules of the tribunal reloc from s 3 A2003‑56 amdt 3.180
	def rules of thoroughbred racing reloc from s 3 A2003‑56 amdt 3.180
	def special insurance scheme ins A2009‑20 amdt 3.171
	def special rules reloc from s 3 A2003‑56 amdt 3.180
	def tribunal reloc from s 3 A2003‑56 amdt 3.180
	def wagering operator ins A2009‑53 s 8

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R0A
10 Jan 2008	2 July 2001–
11 Sept 2001	A1999‑47	amendments by A1999‑47	
R1
12 Sept 2001	12 Sept 2001–
18 Dec 2003	A2001‑44	amendments by A2001‑44	
R2
19 Dec 2003	19 Dec 2003–
12 Apr 2004	A2003‑56	amendments by A2003‑56	
R3
13 Apr 2004	13 Apr 2004–
22 Nov 2005	A2004‑9	amendments by A2004‑9	
R4
23 Nov 2005	23 Nov 2005–
16 Mar 2006	A2005‑53	amendments by A2005‑53	
R5
17 Mar 2006	17 Mar 2006–
15 Nov 2006	A2006‑7	amendments by A2006‑7	
R6
16 Nov 2006	16 Nov 2006–
16 Nov 2007	A2006‑42	amendments by A2006‑42	
R7
17 Nov 2007	17 Nov 2007–
1 Feb 2009	A2006‑42	commenced expiry	
R8
2 Feb 2009	2 Feb 2009–
17 Mar 2009	A2008‑37	amendments by A2008‑37	
R9
18 Mar 2009	18 Mar 2009–
21 Sept 2009	A2008‑37	commenced expiry	
R10
22 Sept 2009	22 Sept 2009–
28 Feb 2010	A2009‑20	amendments by A2009‑20	
R11
1 Mar 2010	1 Mar 2010–
31 Dec 2010	A2009‑53	amendments by A2009‑53	
R12
1 Jan 2011	1 Jan 2011–
28 Feb 2011	A2010‑54	amendments by A2010‑54	
R13
1 Mar 2011	1 Mar 2011–
30 June 2011	A2011‑3	amendments by A2011‑3	
R14
1 July 2011	1 July 2011–
21 Feb 2013	A2011‑22	amendments by A2011‑22	

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