Version Incorporating Amendments As at 1 October 2007

Version No. 133

Racing Act 1958

No. 6353 of 1958

Version incorporating amendments as at 1 October 2007

table of provisions

SectionPage

1

SectionPage

1Short title and commencement

2Repealed2

Part I—Race-Courses and Race-Meetings

Division 1—Preliminary

3Definitions

3ACertification of company to be Racing Victoria

3BRepeal or modification of constitution of Racing Victoria

Division 2—Betting, &c., at race-meetings

4Betting at licensed race-course

5Rules and regulations about business at race-courses, bookmakers etc.

Division 2A—Club betting permits

5ABetting in accordance with club betting permits

5BGrant of club betting permits

5CConditions of the permits

5DRevocation of permits

Division 3—Regulation of race-meetings

6Holding of race-meetings

6ARepealed

7Transfer of race-meeting to another race-course

8–14Repealed

14ADuration of race-meetings

14BDates and times for horse racing

15–17Repealed

18Picnic race-meetings

18ARepealed

19Picnic race-meetings and mixed sports gatherings in country

19AARepealed

19ARestricted harness racing meetings

20Point-to-point steeplechases held by hunt clubs

21Charitable race-meetings on metropolitan race-courses in
excess of statutory number

22Harness races at agricultural shows

22ARace-meetings on ANZAC Day

22BPenalty for failure to supply statement of receipts and expenditure or pay net profit from race-meeting to Fund

22CRepealed

23Penalty for holding unauthorized race-meeting

Division 4—Issue of licences, &c.

24Race-course licence

24ARacing-club licence

25Map of race-course

26Rules of the club

27, 28Repealed

29Licences not to authorize benefit meetings

30, 31Repealed

32Licences for harness race-meetings held by Harness Racing Victoria

Division 5—Exclusion orders by Chief Commissioner of Police

33Exclusion orders by Chief Commissioner of Police

34Duration of exclusion orders

35List and photographs of excluded persons

35AProvision of list and photographs to stewards

35BExcluded person not to enter race-course

35CNotifying police of presence of excluded persons

35DPolice powers of entry to a race-course

Division 5A—Repealed

Division 6—Miscellaneous

36Regulations

37No right to compensation

Part II—Harness Racing Victoria

38Definitions

39Harness Racing Victoria

40Term of office

41Vacancies

42Meetings

43Chief Executive Officer and other officers

44Function of Board

44AABoard may act as venue operator

44ABorrowings by Board

44BConsultation procedures to be established

44CReporting on consultations

45Registration etc. of clubs, horses and persons participating in harness racing

45AAA, 45AA Repealed

45ADisclosure of pecuniary interest

46Harness Racing Victoria Fund and finances of Board

47Repealed

48Agreement with Royal Agricultural Society and its alteration

49Rules of Board

49AAppeals to the Board

49BPanel of persons for selection for hearing and determining appeals

49CPanel of assessors

50Regulations of Governor in Council

Part III—Greyhound Racing

51Definitions

Division 1—Restrictions on, and licences for, greyhound racing

52Repealed

52APlumpton coursing with mechanical quarry

52BGreyhound racing permits

53–54ARepealed

55All speed coursing to be mechanical

56–63Repealed

63AGreyhound races on ANZAC Day

64Penalties for holding greyhound races in contravention of this Divisionetc.

65Returns to be lodged by promoters of greyhound races

66Provision in case of offence by body corporate

67Repealed

68Regulations

Division 2—Greyhound Racing Victoria

69Constitution of Board

70Term of office

71Vacancies

72Who to preside

73Chief executive officer and other officers of Board

74Travelling expenses and fees

75Functions of Board

75ADisclosure of pecuniary interest

75BConsultation procedures to be established

75CReporting on consultations

76Fund and finances of Board

76ABorrowings by Board

Division 3—General control of greyhound racing

77Registration etc. of clubs and persons participating in
greyhound racing

77AMember of Board etc. may enter and inspect etc.

78, 79Repealed91

79AGreyhound trials and training

80Appeals to the Board

80ARepealed

81Panel of persons for selection for hearing and determining appeals

81APanel of assessors

82Rules of Board

83Regulations

Part IIIA—Repealed97

83A–83E Repealed97

Part IIIB—Racing Appeals Tribunal

83FDefinitions

83GRacing Appeals Tribunal

83HChairman and Deputy Chairmen

83IPanel of advisers

83JRegistrar

83KAppeals to the Tribunal

83KAAppeals by Stewards to the Tribunal

83LConstitution of Tribunal

83MHearing of appeals

83MAProtection of members, legal practitioners and witnesses

83MBContempt of Tribunal

83NOffence

83NAJurisdiction to hear and determine racing matters

83NBCosts of Tribunal

83ORegulations

Part IIIC—Review by Victorian Civil and Administrative Tribunal

83PDefinitions

83QReview by VCAT of occupational racing licences

83RReview by VCAT of bookmaking licences

83STime limit for applying for review

Part IV—Registrations and Approvals Relating
to Bookmakers and Bookmakers' Clerks

84Definitions

85Bookmakers and Bookmakers' Clerks Registration Committee

85AAImmunity for members of the Committee

85APowers of members of Committee and secretary

86Registration of bookmakers

86ABetting with persons not on race-course

86BApproval of bookmakers to be in partnerships

86CApproval of companies to act as bookmakers

87Registration of bookmakers' clerks

87ARepealed

87BCommittee may impose penalty in lieu of revocation or suspension of registration or approval

88Issue of certificates before period of currency

89Return of revoked certificates etc.

90Certificates to be signed by holder

91Requirements for bookmakers and clerks to carry on business

91AControlling bodies may make rules

91BBookmaker's licence levy

91CBookmaking development fund

91DMinisterial approval of rules and guidelines

91EProvision of information regarding betting records

92Production of documents by bookmakers and clerks

93Only registered bookmakers' clerks to be employed

93ARepealed

94Penalties

94AGuarantee of bookmakers against defaults in payment of
wagers

95Regulations

Part IVA—Racing Victoria Centre Land

95AApplication of Part

95BDefinition

95CSurrender of Racing Victoria Centre land

95DCrown lease

95EPower to enter agreements to use, sub-lease or assign interest
in Racing Victoria Centre land

95FRegistrar of Titles to make necessary amendments

Part V—General

96Transitional provision on repeal of Part VI

96AATransitional provision for change in membership of Committee—Racing Acts (Amendment) Act 2002

96ATransitional provision for introduction of Racing Victoria—Racing (Racing Victoria Ltd) Act 2001

96BOperation of Racing (Racing Victoria Ltd) Act 2001

96CTransitional provision for change of expiry date of certificates
of registration—Racing Acts (Amendment) Act 2002

Part VI—Transitional Provisions

97Definition

98Transitional provision for changes to Harness Racing
Victoria—Racing and Betting Acts (Amendment) Act2001

99Transitional provision for change to Greyhound Racing Victoria—Racing and Betting Acts (Amendment) Act 2001

100Transitional provision for change in registration of
greyhounds—Racing and Betting Acts (Amendment)
Act 2001

101–116ZB Repealed161

117–129 Repealed

______

SCHEDULES

SCHEDULE 1—Requirements for the constitution of Racing
Victoria

1Incorporation of the company

2Members

3Object

4Powers and functions

5Board of Directors

6Chairperson and deputy chairperson

7Terms of appointment

8Casual vacancies

9Quorum

10Voting

11Remuneration

12Consultation

13Appointment Panel

14Chairperson of Appointment Panel

15Voting on decisions

16Process for determining representative nominee

17Alteration etc. of the constitution

18Definitions

SCHEDULE 2—Specified Race-courses

SCHEDULES 3, 4—Repealed

═══════════════

endnotes

1. General Information

2. Table of Amendments

3. Explanatory Details

1

Version No. 133

Racing Act 1958

No. 6353 of 1958

Version incorporating amendments as at 1 October 2007

Long title amended by No. 8209 s.21(1)(a)(i).

An Act to consolidate the Law relating to Horse Pony Trotting and Greyhound Racing, the Registration of Bookmakers and their Clerks, and Totalizators.

1

Racing Act 1958
No. 6353 of 1958

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

S. 1
amended by Nos 6619 s.2, 6790 s.2, 6836 s.2(a)(b), 7082 s.2(a)(b), 7684 s.2(a)(i)(ii)(b), 8209 ss11, 18(2), 21(1)(a)(ii), 8566 s.2, 8975 s.2(5), 9201 s.22 (as amended by No. 9427 s.6(1)(Sch. 5 item 152)), 9427 s.6(1)(Sch. 5 item 151), 9671 s.23, 9924 s.3(a)(i)(ii), 10184 s.22(a)(b), 125/1986 s.14(a).

1Short title and commencement

This Act may be cited as the Racing Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

S. 2
repealed by No. 49/1993 s.13(1).

*****

s. 2

______

Part I—Race-Courses and Race-Meetings

Division 1—Preliminary

No. 6070 s.3.

3Definitions

s. 3

(1)In this Part unless inconsistent with the context or subject-matter—

S. 3(1) def. of approved betting event inserted by No. 18/2007 s.6(a).

approved betting event has the same meaning as in the Gambling Regulation Act 2003;

S. 3(1) def. of approved bookmaking company inserted by No. 19/2002 s.3.

approved bookmaking company has the same meaning as in Part IV;

S. 3(1) def. of Authority inserted by No. 37/1994 s.174(a), repealedby No. 114/2003 s.12.1.3(Sch. 6 item10.1(a)).

*****

S. 3(1) def. of betting contingency inserted by No. 16/2001 s.3(1)(a).

betting contingency includes any event or contingency;

S. 3(1) def. of Board repealed by No. 37/1994 s.174(b).

*****

S. 3(1) def. of charitable purposes amended by No. 8344 s.26(3)(a).

charitable purposes means—

(a)the aiding of any institution or benevolent society within the meaning of the Hospitals and Charities Act 1958 or, if approved for the purposes of this Part by the Minister by writing under his hand, of any hospital asylum institution or society affording charitable relief within the meaning of that Act which is exempted from the operation of that Act;

(b)the aiding of the funds of any public authority in Victoria engaged in research into the cause prevention or cure of disease in human beings; or

(c)the affording of charitable relief within the meaning of that Act to any diseased infirm incurable poor or destitute person or persons;

s. 3

S. 3(1) def. of chief steward inserted by No. 55/2005 s.3(1)(a).

chief steward, in relation to a controlling body, means—

(a)in the case of horse racing, the person appointed as chairman of stewards by Racing Victoria;

(b)in the case of harness racing, the person appointed as chairman of stewards by Harness Racing Victoria;

(c)in the case of greyhound racing, the person appointed as chief steward by Greyhound Racing Victoria;

club includes club society or other association by whatever name called;

S. 3(1) def. of club betting permit inserted by No. 97/1998 s.4.

club betting permit means a permit issued under Division 2A of Part 1;

S. 3(1) def. of Commission insertedby No. 114/2003 s.12.1.3(Sch. 6 item10.1(b)).

Commission means Victorian Commission for Gambling Regulation established by the Gambling Regulation Act 2003;

conduct includes conduct carry on manage or to assist in doing any of these things;

S. 3(1) def. of controlling body insertedby No. 55/2005 s.3(1)(a).

controlling bodyhas the same meaning as in PartIIIB;

S. 3(1) def. of domestic partner inserted by No. 72/2001 s.3(Sch. item11.1).

domestic partner of a person means an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

s. 3

(a)for fee or reward; or

(b)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

S. 3(1) def. of exclusion order insertedby No. 55/2005 s.3(1)(a).

exclusion order means a written order under section 33;

General Post Office Melbournemeans the post office situate at the corner of Bourke-street and Elizabeth-street in the city of Melbourne;

S. 3(1) def. of greyhound race
inserted by No. 37/1994 s.174(a).

greyhound racemeans a race in which greyhounds compete;

s. 3

S. 3(1) def. of harness race
inserted by No. 9671 s.24(b), substituted by No. 37/1994 s.174(c).

harness race means a race in which horses compete moving at a gait generally known as pacing or trotting;

S. 3(1) def. of horse race inserted by No. 37/1994 s.174(a).

horse racemeans a race in which horses compete but does not include a harness race;

S. 3(1) def. of metropolitan race-course inserted by No. 9924 s.4, amended by No. 37/1994 s.174(d).

metropolitan race-course means any of the following: the Flemington race-course, the Caulfield race-course, the Moonee Valley race-course, the Sandown race-course or any race-course within 32 kilometres of the General Post Office Melbourne which the Minister, by notice published in the Government Gazette, declares to be a metropolitan race-course;

S. 3(1) def. of mixed sports gathering substituted by No. 9050 s.2(a), amended by Nos 9671 s.24(a)(c), 49/1987 s.4(a)(b), 17/1992 s.4(1)(a)(b), 16/2001 s.3(1)(b).

mixed sports gathering means—

(a)a meeting for foot races bicycle races or any other games exercises pastimes or contests of a kind usually conducted carried on contested or decided on any land whatsoever to which persons are admitted either at all times or only at certain times (whether on payment of an entrance fee or charge or otherwise) for the purpose of taking part in or witnessing any such races games exercises pastimes or contests, being a meeting at which—

(i)the races which take place include races of one or more of the following kinds, namely, horse races, pony races and harness races;

*****

*****

*****

s. 3

(b)a meeting for foot races bicycle races or any other games exercises pastimes or contests of a kind usually conducted carried on contested or decided on any land whatsoever to which persons are admitted either at all times or only at certain times (whether on payment of an entrance fee or charge or otherwise) for the purpose of taking part in or witnessing any such races games exercises pastimes or contests, being a meeting—

(i)at which no horse race pony race or harness race takes place; and

(ii)which is conducted by a club or other body of persons approved by the Minister;

S. 3(1) def. of picnic race-meeting amended by Nos 9671 s.24(a), 37/1994 s.174(e), repealed by No. 16/2001 s.3(1)(c).

*****

S. 3(1) def. of police member inserted by No. 55/2005 s.3(1)(a).

police member means member of the force within the meaning of the Police Regulation Act 1958;

pony races or pony racing means races under conditions limiting the height of any horse eligible to compete therein to any height not exceeding fourteen hands two inches;

S. 3(1) def. of prescribed repealed by No. 37/1994 s.174(b).

*****

S. 3(1) def. of professional jockey amended by Nos 8503 s.2, 9671 s.24(a), 49/1987 s.5(1)(a)(b), repealed by No. 37/1994 s.174(b).

*****

s. 3

race-course means land used for race-meetings;

S. 3(1) def. of race-meeting amended by No. 9671 s.24(a), substituted by No. 37/1994 s.174(f).

race-meeting means a meeting for the purpose of horse racing, harness racing or greyhound racing;

S. 3(1) def. of Racing Victoria inserted by No. 35/2001 s.3.

Racing Victoria means the company certified by the Minister under section 3A(1) to be Racing Victoria;

S. 3(1) def. of regulations repealed by No. 37/1994 s.174(b).

*****

s. 3

S. 3(1) def. of restricted harness racing meeting inserted by No. 9269 s.2, amended by Nos 9671 s.24(d)(i)(ii), 125/1986 s.4(a)(b), repealed by No. 16/2001 s.3(1)(c).

*****

S. 3(1) def. of specified race-course inserted by No. 55/2005 s.3(1)(a).

specified race-course means—

(a)an area of land described in an item in Schedule 2;

(b)an area of land prescribed by the regulations to be a specified race-course for the purposes of Division 5;

S. 3(1) def. of sporting contingency repealed by No. 16/2001 s.3(1)(c).

*****

S. 3(1) def. of spouse inserted by No. 72/2001 s.3(Sch. item11.1), amendedby No.55/2005 s.3(1)(b).

s. 3

spouse of a person means a person to whom the person is married;

S. 3(1) def. of steward inserted by No. 55/2005 s.3(1)(a).

steward has the same meaning as in PartIIIB.

S. 3(1) def. of Trotting race repealed by No. 9924 s.15(a).

*****

S. 3(1A) inserted by No. 72/2001 s.3(Sch. item11.2).

(1A)For the purposes of the definition of domestic partner in subsection (1)—

(a)in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case;

(b)a person is not a domestic partner of another person only because they are co-tenants.

(2)For the purposes of this Part—

s. 3

(a)any reference in this Part to the distance of a race-course or a municipal district or part thereof from the General Post Office Melbourne shall be read and construed and take effect as if it were a reference to such distance measured according to the nearest practicable route (by road or railway or by road and railway, as the case may be) from such post office to such race-course or municipal district or part thereof;

(b)a match or race between two horses only shall not be deemed a race-meeting.

S. 3(3) amended by No. 17/1992 s.6(1).

(3)In the construction of this Part, unless the contrary intention appears, a year shall be deemed to commence on the first day of August.

S. 3(4) substituted by No. 9050 s.2(b), amended by No. 9671 s.28, substituted by No. 16/2001 s.3(2).

(4)Save as otherwise provided in this Part, any mixed sports gathering held on any land whatsoever in Victoria shall be deemed to be a race-meeting for the purposes of this Act.

S. 3(5) insertedby No. 55/2005 s.3(2).

(5)In this Part, the "duration of a race-meeting" must be determined in accordance with section 14A.

S. 3A insertedby No. 35/2001 s.4.

3ACertification of company to be Racing Victoria

(1)For the purposes of this Act, the Minister may certify that a company is Racing Victoria.

(2)The Minister must not make a certification under subsection (1) unless—

s. 3A

(a)the company is registered as a company limited by guarantee; and

(b)the Minister is satisfied that the constitution of the company includes provisions as set out in Schedule 1 or that are to the effect of the provisions set out in Schedule 1.

(3)As soon as possible after making a certification under subsection (1), the Minister must cause the certification and a copy of the constitution of the company to be published in the Government Gazette.

(4)A certification under subsection (1) has effect from the beginning of the day on which it is published in the Government Gazette.

(5)Once the Minister has made a certification under subsection (1), the power to make the certification is exhausted and the Minister does not have the power to make any further certification under that subsection.

S. 3B insertedby No. 35/2001 s.4.

3BRepeal or modification of constitution of Racing Victoria

(1)If Racing Victoria resolves, by special resolution, to modify or repeal its constitution or a provision of its constitution, the company, on making such a special resolution, must notify the Minister of the special resolution.

(2)The Minister must cause a copy of a notification given under subsection (1) to be laid before each House of Parliament, on or before the first sitting day of that House that occurs on or after 30 days from the day on which the Minister received the notification.

s. 3B

(3)A House of Parliament may, on or before the 6th sitting day of that House after a copy of the notification is laid before it under subsection (2), resolve to disapprove the special resolution.

(4)If a House of Parliament is prorogued or the Legislative Assembly is dissolved—

(a)the prorogation or dissolution does not affect the power of the House to pass a resolution disapproving the special resolution; and

(b)the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.

(5)Within 14 days after the last day on which a special resolution could be disapproved by a House of Parliament, the Minister must cause to be published in the Government Gazette a certification as to whether or not the special resolution has been disapproved by a House of Parliament.

(6)A special resolution which has been disapproved by a House of Parliament has no effect.

(7)A special resolution which has not been disapproved by either House of Parliament cannot have effect until on or after the publication of the certification under subsection (5).

Division 2—Betting, &c., at race-meetings

No. 6070 s.4.

S. 4
amended by Nos 7621 s.13(1), 9050 s.2(c), 9269 s.3, 9671 s.28, 9924 s.14(a)(b), 125/1986 s.5, 73/1988 s. 5, 12/1991 s.3(a), substituted by No. 37/1994 s.175.

4Betting at licensed race-course

S. 4(1) substituted by No. 97/1998 s.5, amendedby Nos 114/2003 s.12.1.3(Sch. 6 item10.2(a)), 18/2007 s.6(b).

s. 4

(1)Despite anything in the Gambling Regulation Act 2003(except Divisions 5 and 6 of Part 5 of Chapter 4)or any other law, it is not a contravention of that Act or law, and a race-course is not a common gaming house or place for the purposes of that Act, if a person bets by way of wagering—

(a)during the holding of a race-meeting on a race-course licensed under this Part, on—

(i)any horse race, harness race or greyhound race; or

S. 4(1)(a)(ii) amended by No. 16/2001 s.4(1)(a), substituted by No. 18/2007 s.6(c).

(ii)any approved betting event; or

(b)at any time on a race-course licensed under section 24(1)(a) for horse racing and approved by the Minister for the purposes of this paragraph—

S. 4(1)(b)(i) amended by No. 16/2001 s.4(1)(b), substituted by No. 18/2007 s.6(d).

(i)on any approved betting event; or

s. 4

S. 4(1)(b)(ii) amendedby No. 114/2003 s.12.1.3(Sch. 6 item10.2(b)).

(ii)on a group of races approved by the Minister under section2.5.16(1)(b) of the Gambling Regulation Act 2003 or on a race from such a group of races.

S. 4(1A) inserted by No. 97/1998 s.5.

(1A)An approval of a race-course by the Minister under subsection(1)(b)—

(a)must be in writing; and

(b)is subject to any conditions imposed by the Minister; and

(c)may be amended, or revoked by the Minister.

S. 4(1B) inserted by No. 97/1998 s.5.

(1B)The Minister may amend or revoke any condition imposed on an approval of a race-course under subsection (1)(b).

S. 4(1C) inserted by No. 16/2001 s.4(2), repealed by No. 18/2007 s.6(e).

*****

S. 4(2) amended by No. 19/2002 s.4(1).

(2)For the purposes of subsection (1), a bet may be made with a bookmaker registered under PartIV or an approved bookmaking company—

s. 5

(a)by persons present on the race-course; or

(b)by persons not present on the race-course using a method of communication approved under section 86A.

S. 4(2A) inserted by No. 19/2002 s.4(2).

(2A)If a betting-ticket for a bet is issued in the trading name of a partnership of bookmakers, for the purposes of subsection (2) the bet is deemed to be made with a bookmaker registered under Part IV, if the members of the partnership are all bookmakers registered under Part IV, each of whom has approval under section 86B to be a member of that partnership.