Version No. 127
Racing Act 1958
Act No. 6353/1958
Version incorporating amendments as at 12 December 2005
table of provisions
SectionPage
1
SectionPage
1.Short title and commencement
2.Repealed2
Part I—Race-Courses and Race-Meetings
Division 1—Preliminary
3.Definitions
3A.Certification of company to be Racing Victoria
3B.Repeal or modification of constitution of Racing Victoria
Division 2—Betting, &c., at Race-meetings
4.Betting at licensed race-course
5.Rules and regulations about business at race-courses, bookmakers etc.
Division 2A—Club betting permits
5A.Betting in accordance with club betting permits
5B.Grant of club betting permits
5C.Conditions of the permits
5D.Revocation of permits
Division 3—Regulation of Race-meetings
6.Holding of race-meetings
6A.Repealed20
7.Transfer of race-meeting to another race-course
8–14.Repealed
14A.Duration of race-meetings
14B.Dates and times for horse racing
15–17.Repealed
18.Picnic race-meetings
18A.Repealed
19.Picnic race-meetings and mixed sports gatherings in country
19AA.Repealed
19A.Restricted harness racing meetings
20.Point-to-point steeplechases held by hunt clubs
21.Charitable race-meetings on metropolitan race-courses in
excess of statutory number
22.Harness races at agricultural shows
22A.Race-meetings on ANZAC Day
22B.Penalty for failure to supply statement of receipts and expenditure or pay net profit from race-meeting to Fund
22C.Repealed
23.Penalty for holding unauthorized race-meeting
Division 4—Issue of Licences, &c.
24.Race-course licence
24A.Racing-club licence
25.Map of race-course
26.Rules of the club
27, 28.Repealed
29.Licences not to authorize benefit meetings
30, 31.Repealed
32.Licences for harness race-meetings held by Harness Racing Victoria
Division 5—Exclusion Orders by Chief Commissioner of Police
33.Exclusion orders by Chief Commissioner of Police
34.Duration of exclusion orders
35.List and photographs of excluded persons
35A.Provision of list and photographs to stewards
35B.Excluded person not to enter race-course
35C.Notifying police of presence of excluded persons
35D.Police powers of entry to a race-course
Division 5A—Repealed
Division 6—Miscellaneous
36.Regulations
37.No right to compensation
Part II—Harness Racing Victoria
38.Definitions
39.Harness Racing Victoria
40.Term of office
41.Vacancies
42.Meetings
43.Chief Executive Officer and other officers
44.Function of Board
44AA.Board may act as venue operator
44A.Borrowings by Board
44B.Consultation procedures to be established
44C.Reporting on consultations
45.Registration etc. of clubs, horses and persons participating in harness racing
45AAA, 45AA. Repealed
45A.Disclosure of pecuniary interest
46.Harness Racing Victoria Fund and finances of Board
47.Repealed
48.Agreement with Royal Agricultural Society and its alteration
49.Rules of Board
49A.Appeals to the Board
49B.Panel of persons for selection for hearing and determining appeals
49C.Panel of assessors
50.Regulations of Governor in Council
Part III—Greyhound Racing
51.Definitions
Division 1—Restrictions on, and Licences for, Greyhound Racing
52.Repealed
52A.Plumpton coursing with mechanical quarry
52B.Greyhound racing permits
53–54A.Repealed
55.All speed coursing to be mechanical
56–63.Repealed
63A.Greyhound races on ANZAC Day
64.Penalties for holding greyhound races in contravention of this Division etc.
65.Returns to be lodged by promoters of greyhound races
66.Provision in case of offence by body corporate
67.Repealed
68.Regulations
Division 2—Greyhound Racing Victoria
69.Constitution of Board
70.Term of office
71.Vacancies
72.Who to preside
73.Chief executive officer and other officers of Board
74.Travelling expenses and fees
75.Functions of Board
75A.Disclosure of pecuniary interest
75B.Consultation procedures to be established
75C.Reporting on consultations
76.Fund and finances of Board
76A.Borrowings by Board
Division 3—General Control of Greyhound Racing
77.Registration etc. of clubs and persons participating in
greyhound racing
77A.Member of Board etc. may enter and inspect etc.
78, 79.Repealed91
79A.Greyhound trials and training
80.Appeals to the Board
80A.Repealed
81.Panel of persons for selection for hearing and determining appeals
81A.Panel of assessors
82.Rules of Board
83.Regulations
Part IIIA—Repealed97
83A–83E. Repealed97
Part IIIB—Racing Appeals Tribunal
83F.Definitions
83G.Racing Appeals Tribunal
83H.Chairman and Deputy Chairmen
83I.Panel of advisers
83J.Registrar
83K.Appeals to the Tribunal
83KA.Appeals by Stewards to the Tribunal
83L.Constitution of Tribunal
83M.Hearing of appeals
83MA.Protection of members, legal practitioners and witnesses
83MB.Contempt of Tribunal
83N.Offence
83NA.Jurisdiction to hear and determine racing matters
83NB.Costs of Tribunal
83O.Regulations
Part IIIC—Review by Victorian Civil and Administrative Tribunal
83P.Definitions
83Q.Review by VCAT of occupational racing licences
83R.Review by VCAT of bookmaking licences
83S.Time limit for applying for review
Part IV—Registrations and Approvals Relating
to Bookmakers and Bookmakers' Clerks
84.Definitions
85.Bookmakers and Bookmakers' Clerks Registration Committee
85AA.Immunity for members of the Committee
85A.Powers of members of Committee and secretary
86.Registration of bookmakers
86A.Betting with persons not on race-course
86B.Approval of bookmakers to be in partnerships
86C.Approval of companies to act as bookmakers
87.Registration of bookmakers' clerks
87A.Repealed
87B.Committee may impose penalty in lieu of revocation or suspension of registration or approval
88.Issue of certificates before period of currency
89.Return of revoked certificates etc.
90.Certificates to be signed by holder
91.Requirements for bookmakers and clerks to carry on business
91A.Controlling bodies may make rules
91B.Bookmaker's licence levy
91C.Bookmaking development fund
91D.Ministerial approval of rules and guidelines
91E.Provision of information regarding betting records
92.Production of documents by bookmakers and clerks
93.Only registered bookmakers' clerks to be employed
93A.Repealed
94.Penalties
94A.Guarantee of bookmakers against defaults in payment of
wagers
95.Regulations
Part IVA—Racing Victoria Centre Land
95A.Application of Part
95B.Definition
95C.Surrender of Racing Victoria Centre land
95D.Crown lease
95E.Power to enter agreements to use, sub-lease or assign interest
in Racing Victoria Centre land
95F.Registrar of Titles to make necessary amendments
Part V—General
96.Transitional provision on repeal of Part VI
96AA.Transitional provision for change in membership of Committee—Racing Acts (Amendment) Act 2002
96A.Transitional provision for introduction of Racing Victoria—Racing (Racing Victoria Ltd) Act 2001
96B.Operation of Racing (Racing Victoria Ltd) Act 2001
96C.Transitional provision for change of expiry date of certificates
of registration—Racing Acts (Amendment) Act 2002
Part VI—Transitional Provisions
97.Definition
98.Transitional provision for changes to Harness Racing
Victoria—Racing and Betting Acts (Amendment) Act2001
99.Transitional provision for change to Greyhound Racing Victoria—Racing and Betting Acts (Amendment) Act 2001
100.Transitional provision for change in registration of
greyhounds—Racing and Betting Acts (Amendment)
Act 2001
101–116ZB. Repealed160
117–129. Repealed
______
SCHEDULES
SCHEDULE 1—Requirements for the constitution of Racing Victoria
SCHEDULE 2—Specified Race-courses
SCHEDULES3, 4—Repealed
═══════════════
endnotes
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 127
Racing Act 1958
Act No. 6353/1958
Version incorporating amendments as at 12 December 2005
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
Act No. 6353/1958
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).
1.Short title and commencement
This Act may be cited as the Racing Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 2
repealed by No. 49/1993 s.13(1).
*****
s. 2
______
Part I—Race-Courses and Race-Meetings
Division 1—Preliminary
No. 6070 s.3.
3.Definitions
s. 3
(1)In this Part unless inconsistent with the context or subject-matter—
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 "Commiss-ion" 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" inserted by No. 55/2005 s.3(1)(a).
"controlling body" has the same meaning as in Part IIIB;
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" inserted by No. 55/2005 s.3(1)(a).
"exclusion order" means a written order under section 33;
"General Post Office Melbourne" means 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 race" means 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 race" means 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(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 sub-section (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.
3A.Certification 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 sub-section (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 sub-section (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 sub-section (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 sub-section (1), the power to make the certification is exhausted and the Minister does not have the power to make any further certification under that sub-section.
S. 3B insertedby No. 35/2001 s.4.
3B.Repeal 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 sub-section (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.
(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 sub-section (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.
s. 3B
(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 sub-section (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.
4.Betting at licensed race-course