Racing and Gaming Acts (Police Powers) Act 2005
Act No. 55/2005
table of provisions
SectionPage
SectionPage
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Amendment of Racing Act 1958
3.Definitions
4.New Division 5 of Part I inserted
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
5.New Schedule 2 inserted
Schedule 2—Specified Race-courses
Part 3—Amendment of Casino Control Act 1991
6.Section 1 substituted
1.Purposes
7.Definitions
8.Amendment of section 74—Exclusion orders by Chief Commissioner of Police
9.Amendment of section 76—List of excluded persons
10.Section 77 substituted
77.Excluded person not to enter casino or casino complex
11.New section 77A inserted
77A.Proceedings against certain excluded persons
12.Amendment of section 78—Removal of excluded persons from casino
13.New sections 78AA and 78AB inserted
78AA.Notification requirements for exclusion orders made under section 74
78AB.Power of Commission and inspectors to notify
14.Amendment of section 78A
15.New section 169 inserted
169.Transitional provisions—Racing and Gaming Acts (Police Powers) Act 2005
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Endnotes
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Victoria
No. 55 of 2005
1
SectionPage
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SectionPage
Racing and Gaming Acts (Police Powers) Act 2005[†]
[Assented to 13 September 2005]
1
Act No. 55/2005
Racing and Gaming Acts (Police Powers) Act 2005
1
Act No. 55/2005
Racing and Gaming Acts (Police Powers) Act 2005
The Parliament of Victoria enacts as follows:
1
Part 3—Amendment of Casino Control Act 1991
Racing and Gaming Acts (Police Powers) Act 2005
Act No. 55/2005
Part 1—Preliminary
1.Purposes
The purposes of this Act are to—
(a)amend the Racing Act 1958 to enable the Chief Commissioner of Police to issue exclusion orders with respect to race-courses;
(b)amend the Casino Control Act 1991 to expand the scope of exclusion orders issued by the Chief Commissioner of Police so that they apply to the Casino Complex.
2.Commencement
s. 2
This Act comes into operation on the day after the day on which it receives the Royal Assent.
______
See:
Act No.
6353.
Reprint No. 12
as at
26 September 2002
and amending
Act Nos
45/2003, 96/2003, 114/2003, 45/2004 and 108/2004.
LawToday:
dpc.vic.
gov.au
Part 2—Amendment of Racing Act 1958
3.Definitions
s. 3
(1)In section 3(1) of the Racing Act 1958—
(a)insert the following definitions—
'"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;
"controlling body" has the same meaning as in Part IIIB;
"exclusion order" means a written order under section 33;
"police member" means member of the force within the meaning of the Police Regulation Act 1958;
"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;
"steward" has the same meaning as in PartIIIB.';
(b) in the definition of "spouse", for "married." substitute "married;".
(2)After section 3(4) of the Racing Act 1958 insert—
'(5)In this Part, the "duration of a race-meeting" must be determined in accordance with section 14A.'.
4.New Division 5 of Part I inserted
s. 4
After Division 4 of Part I of the Racing Act 1958 insert—
"Division 5—Exclusion Orders by Chief Commissioner of Police
33.Exclusion orders by Chief Commissioner of Police
(1)The Chief Commissioner of Police may, if he or she considers it necessary in the public interest, by written order given to a person, prohibit the person from entering, or remaining at—
(a)a specifiedrace-course; or
(b) two or more specified race-courses—
for the duration of a race-meeting at the race-course.
(2)Nothing in this section empowers the Chief Commissioner of Police to make an exclusion order in respect of a person who holds a bookmaking licence or an occupational racing licence within the meaning of Part IIIC.
34.Duration of exclusion orders
An exclusion order remains in force in respect of a person until it is revoked by the Chief Commissioner of Police.
35.List and photographs of excluded persons
s. 4
(1)The Chief Commissioner of Police must prepare and keep a list of names of persons who are the subject of an exclusion order and indicate the specified race-course to which that order relates.
Note:Under section 37(c) of the Interpretation of Legislation Act 1984, words in the singular also include the plural.
(2)The Chief Commissioner of Police must—
(a)on the making of an exclusion order, add the name of the person the subject of the order to the list kept under sub-section (1); and
(b)on the amendment of an exclusion order made with respect to the order's scope, add to or omit from the list kept under sub-section (1) a specified race-course in accordance with that amendment; and
(c)on the revocation of an exclusion order, omit the name of the personwho was the subject of the order from the list kept under sub-section (1).
(3)The Chief Commissioner of Police must ensure that an up-to-date copy of a list kept under sub-section (1) is provided to the chief steward of each of the controlling bodies as soon as practicable after the list is prepared under that sub-section or amended under sub-section (2), as the case requires.
(4)The Chief Commissioner of Police must, if he or she has one,give to the chief steward of each of the controlling bodies aphotograph of each person whose name is on the list provided to the chief steward under sub-section (3) as soon as practicable after the name of the person is added to the list.
35A.Provision of list and photographs to stewards
The chief steward of a controlling body may give to a steward a copy of the up-to-date list and photographs provided to the chief steward under section 35.
35B. Excluded person not to enter race-course
s. 4
A person who is the subject of an exclusion order relating to a specified race-course must not enter, or remain at, the race-courseat any time during the duration of a race-meeting.
Penalty:20 penalty units.
35C.Notifying police of presence of excluded persons
Asteward who reasonably believes that a person who is the subject of an exclusion order is at a specified race-course at any time during the duration of a race-meeting, must notify a police member as soon as practicable.
35D.Police powers of entry to a race-course
A police member may, on being authorised by a steward so to do, enter any part of a specified race-course to which the public does not have access and remain there for the purpose of enforcing an exclusion orderfor the duration of a race-meeting.".
5.New Schedule 2 inserted
s. 5
After Schedule 1 to the Racing Act 1958 insert—
"Schedule 2
Specified Race-courses
Item 1—Beckley Park
Situation of land / Instrument and date of reservation / Description of land by reference to Government Gazette / Purpose of reservationParish of Moranghurk County of Grant being Crown Allotment 79E / Order in Council dated 7February 1984 / Government Gazette dated 8February 1984, page 400, less authorised excisions / Racecourse and Recreation, temporary
Item 2—Caulfield Racecourse
Situation of land / Crown Grant or Certificate of Title detailsParish of Prahran at Caulfield, County of Bourke, being Crown Allotment A, subject to two reservations / Volume 7275 Folio 814
Item 3—Cranbourne Racecourse
Situation of land / Instrument and date of reservation / Description of land by reference to Government Gazette / Purpose of reservationTownship of Cranbourne, Parish of Cranbourne, County of Mornington, being Crown Allotment 21H / Order in Council dated 20August 1888 / Government Gazettes dated 13July 1888, page 2304 and 24August 1888, page2658 / Site for Racecourse and other purposes of Public Recreation, permanent
Parish of Cranbourne, County of Mornington being Crown Allotment 17G, formerly Lot 1 on Plan of Subdivision No.210254M / Order in Council dated 10August 1999 / Government Gazette dated 12August 1999, page1885 / Racecourse and Public Recreation, temporary
Item 4—Flemington Racecourse
s. 5
Situation of land / Certificate of Title detailsParish of Doutta Galla, County of Bourke, being Crown Allotment 28E Section 2, shown as Lot 1 on Title Plan843408B / Crown Lease: Volume 1205 Folio 019
Parish of Doutta Galla, County of Bourke, being Crown Allotment 28F section 2 / Crown Lease: Volume 10757 Folio 757
Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 633379A, (formerly known as part of Crown Allotment29) / Volume 1428 Folio 407
Item 5—GeelongRacecourse
Situation of land / Instrument and date of reservation / Description of land by reference to Government Gazette / Purpose of reservationCity of Geelong, Parish of Corio, County of Grant, being Crown Allotment 14 of Section6A / Order in Council dated 30 July 1963 / Government Gazette dated 7August 1963, page 2436 / Site for Public Racecourse and Recreation, temporary
City of Geelong, Parish of Corio, County of Grant, being Crown Allotment 13 of Section6A / Order in Council dated 30 July 1963 / Government Gazette dated 7August 1963, page 2436 / Site for Public purposes (Car Park), temporary
Item 6—Kilmore Racing Complex
s. 5
Situation of Land / Instrument and date of reservation / Description of land by reference to Government Gazette / Crown Grant or Certificate of Title details / Purpose of reservationParish of Glenburnie, County of Dalhousie, being Crown Allotment 13M1 / Order in Council dated 8August 1887 / Government Gazettes dated 8July 1887, page2011 and 12August 1887, page2408 / Volume 1989 Folio 650 / Site for a Racecourse and other purposes of Public Recreation, permanent
Parish of Glenburnie, County of Dalhousie, being Crown Allotment 13M2 / Order in Council dated 14August 1973 / Government Gazette dated 22August 1973, pages3015 and 3016 / Site for PublicPark and Gardens, temporary
Parish of Glenburnie, County of Dalhousie, being Crown Allotment 13M3 / Order in Council dated 14August 1973 / Government Gazette dated 22August 1973, page 3015 / Site for Racecourse and other purposes
of Public Recreation, temporary
Parish of Glenburnie, County of Dalhousie, being Crown Allotment 13M4 / Order in Council dated 14August 1973 / Government Gazette dated 22August 1973, pages 3015 and 3016 / Site for PublicPark and Gardens, temporary
Item 7—MooneeValleyRacecourse
s. 5
Situation of land / Crown Grant or Certificate of Title detailsParish of Doutta Galla, County of Bourke, being Lots 1 to 45 inclusive on Title Plan 856995J, formerly known as part of Crown Allotment 4 Section 5, being Lots 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 158, 159, 160, 161, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202 and parts of lots80, 100, 162, 163, 164, 165, 166, 167 and parts of roads and reserve on Plan of Subdivision 2241 / Volume 9681 Folio 756
Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 107267A, formerly known as part of Crown Allotment 5 Section5 / Volume 9681 Folio 753
Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 107266C, formerly known as part of Crown Allotment 4 Section5 / Volume 9681 Folio 752
Parish of Doutta Galla, County of Bourke, being Lot 1 on Title Plan 107269V, formerly known as part of Crown Allotment 4 Section5 / Volume 9681 Folio 755
Parish of Doutta Galla, County of Bourke, being Lots 1 and 2 on Title Plan 107268X, formerly known as part of Crown Allotment5 and 6 Section 5 / Volume 9681 Folio 754
Item 8—Mornington Racecourse
s. 5
Situation of Land / Instrument and date of reservation / Description of land by reference to Government Gazette / Purpose of reservationParish of Moorooduc, County of Mornington, being Crown Allotment B1 / Order in Council dated 14May 1974 / Government Gazette dated 22May 1974, pages 1740 and 1741, less authorised excision / Site for Racecourse and Recreation, temporary
Item 9—Pakenham Racecourse
Situation of land / Crown Grant or Certificate of Title detailsParish of Nar-nar-goon, County of Mornington, being Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and10 on Title Plan 121556M, formerly known as Lots 31, 32, 33, 35, 36, 37, 38, 39, 40 and41 on Plan of Subdivision 1337 / Volume 10244 Folio 195
Parish of Nar-nar-goon, County of Mornington, being Lot 1 Title Plan 649221B, formerly known as part of Crown Portion 42 / Volume 9897 Folio 958
Parish of Nar-nar-goon, County of Mornington, being Lot 3 on Plan of Subdivision 210772N / Volume 9884 Folio 194
Parish of Nar-nar-goon, County of Mornington, being Crown Allotment 42A, freehold / Volume 10115 Folio 011
Parish of Nar-nar-goon, County of Mornington, being land in Plan of Consolidation 100914 / Volume 8944 Folio 332
Item 10—Sandown Park
s. 5
Situation of land / Crown Grant or Certificate of Title detailsParish of Dandenong, County of Bourke, being Lot 1 on Title Plan 817734K, being the Land remaining untransferred in Volume 8795 Folio 787 / Volume 8795 Folio 787
Item 11—Sandown Racecourse
Situation of land / Crown Grant or Certificate of Title detailsParish of Dandenong, County of Bourke, being Lot 1 on Title Plan 710223H, formerly known as part of Lot 2 on Plan of Subdivision 48537 / Volume 8349 Folio 488
Item 12—The Meadows Racecourse
Situation of land / Crown Grant or Certificate of Title detailsParish of Will-will-rook, County of Bourke, being Lot 4 on Plan of Subdivision 348064G / Volume 10389 Folio 017
Item 13—Werribee Racecourse
Situation of land / Instrument and date of reservation / Description of land by reference to Government Gazette / Purpose of reservationTownship of Werribee, (formerly known as Township Reserve of Wyndham), Parish of Mambourin, County of Grant, being Crown Allotment 25D Section17 / Order in Council dated 22April 1861 / Government Gazette dated 3May 1861, pages 875 and876 / Racecourse and purposes of General Recreation, temporary
Item 14—YarraValley Racecourse
Situation of land / Instrument and date of reservation / Description of land by reference to Government Gazette / Purpose of reservationParish of Tarrawarra, County of Evelyn, being Crown Allotment 23B SectionB
Parish of Tarrawarra, County of Evelyn, being Crown Allotment 23C Section B (shown in gazettal as Allotment23A Section B Parish of Tarrawarra) / Order in Council dated 5September 1974 / Government Gazette dated 11September 1974 pages3371 and 3372 / Site for Public purposes (Racecourse and Recreation), temporary
".
s. 5
______
See:
Act No.
47/1991.
Reprint No. 6
as at
1 July 2004
and amending
Act Nos
33/2004, 104/2004 and 108/2004.
LawToday:
dpc.vic.
gov.au
Part 3—Amendment of Casino Control Act 1991
6.Section 1 substituted
s. 6
For section 1 of the Casino Control Act 1991 substitute—
"1. Purposes
The purposes of this Act are—
(a)to establish a system for the licensing, supervision and control of casinos with the aims of—
(i)ensuring that the management and operation of casinos remains free from criminal influence or exploitation; and
(ii)ensuring that gaming in casinos is conducted honestly; and
(iii)promoting tourism, employment, and economic development generally in the State;
(b)to provide for actions that may be taken by the Chief Commissioner of Police with the aim of ensuring that the casino complex remains free from criminal influence or exploitation.".
7.Definitions
In section 3(1) of the Casino Control Act 1991—
(a)insert the following definition—
'"casino complex" means that part of the land shown in the colour grey on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment and numbered
LEGL./05–141 that is open to the public but excluding that part of the land shown coloured grey and hatched on Crown Allotment 58E that is a road running under the building on that land;'.
(b)in the definition of "exclusion order", after "acasino" insert "or the casino complex";
(c)in the definition of "public interest" or "interest of the public" for"sections 143 and151"substitute "section 74".
8.Amendment of section 74—Exclusion orders by Chief Commissioner of Police
s. 8
(1)In section 74(1) of the Casino Control Act 1991—
(a)after "may," insert "if he or she considers it necessary in the public interest,";
(b)after "a casino" insert "or the casino complex".
(2)After section 74(1) of the Casino Control Act 1991 insert—
"(1A)An order under sub-section (1) made in respect of the casino complex must include a copy of the plan lodged in the Central Plan Office of the Department of Sustainability and Environment and numbered
LEGL./05–141.".
9.Amendment of section 76—List of excluded persons
In section 76(1) of the Casino Control Act 1991for "exclusion orders for the casino" substitute"exclusion orders under section 72 for the casino, or exclusion orders under section 74 for the casino or casino complex".
10.Section 77 substituted
s. 10
For section 77 of the Casino Control Act 1991substitute—
"77. Excluded person not to enter casino or casino complex
(1)A person the subject of an exclusion order under section 72 relating to a casino must not enter or remain in the casino.
Penalty:20 penalty units.
(2)A person the subject of an exclusion order under section 74 relating toa casino or the casino complex must not enter, or remain in, the casino or casino complex.
Penalty:20 penalty units.
(3) A person the subject of an interstate exclusion order must not enter or remain in a casino.
Penalty:20 penalty units.".
11.New section 77A inserted
After section 77 of the Casino Control Act 1991 insert—
"77A.Proceedings against certain excluded persons
Despite section 10.5.31 of the Gambling Regulation Act 2003, a proceeding for an offence against section 77(2) or (3) may only be brought by a member of the police force.".
12.Amendment of section 78—Removal of excluded persons from casino
s. 12
(1)In section 78(2) of the Casino Control Act 1991—
(a)for "knows" substitute "reasonably believes";
(b)after "exclusion order" (where first occurring) insert "under section 72";
(c)omit "or interstate exclusion order".
(2) In section 78(4)(a) of the Casino Control Act 1991for "or interstate exclusion order" substitute "under section 72".
13.New sections 78AA and 78AB inserted
After section 78 of the Casino Control Act 1991insert—
"78AA. Notification requirements for exclusion ordersmade under section 74
(1)This section applies to the following persons in a casino—
(a)the person for the time being in charge of the casino;
(b)an agent of the casino operator;
(c)a casino employee.
(2)A person to whom this section applies who reasonably believes that a person the subject of an exclusion order under section 74 or an interstate exclusion order is in the casino, must notifya member of the police force as soon as practicable.
Penalty:20 penalty units.
78AB.Power of Commission and inspectors to notify
(1)If the Commission or an inspector reasonably believes that a person the subject of an exclusion order under section 74 or an interstate exclusion order is in the casino, the Commission or inspector may notify a member of the police force.
(2)A function of the Commission under this section may be performed by any commissioner.".
14.Amendment of section 78A
s. 14
In section 78A(1) of the Casino Control Act 1991 for "relating to the casino" (where secondly occurring)substitute "under section 72 or 74".
15.New section 169 inserted
After section 168 of the Casino Control Act 1991insert—
'169. Transitional provisions—Racing and Gaming Acts (Police Powers) Act 2005
(1)In this section—
"commencement day" means the day on which the Racing and Gaming Acts(Police Powers) Act 2005 comes into operation.
(2)An exclusion order made under section 74 and in force immediately before the commencement day continues, until it is revoked, to have the same application in respect of a person on and after that day as it had before that day.'.