Functions of Racing NSW

1. Racing NSW has the following functions:-

a) all the functions of the principal club for New South Wales and committee of the principal club for New South Wales under the Australian Rules of Racing,

b) to control, supervise and regulate horse racing in the State,

• (b1)such functions in relation to the business, economic development and strategic development of the horse racing industry in the State as are conferred or imposed by this Act,

c) to initiate, develop and implement policies considered conducive to the promotion, strategic development and welfare of the horse racing industry in the State and the protection of the public interest as it relates to the horse racing industry,

d) functions with respect to the insuring of participants in the horse racing industry, being functions of the kind exercised by the AJC on the commencement of this section, and such other functions with respect to insurance in the horse racing industry as may be prescribed by the regulations,

e) such functions as may be conferred or imposed on Racing NSW by or under the Australian Rules of Racing or any other Act,

f) such functions with respect to horse racing in New South Wales as may be prescribed by the regulations.

2. The functions of Racing NSW are not limited by the Australian Rules of Racing and are to be exercised independently of the Australian Racing Board.

3. The AJC ceases to have the functions that are solely the functions of the principal club for New South Wales or committee of the principal club for New South Wales under the Australian Rules of Racing.

4. In this section: AJC means the club known as the Australian Jockey Club as referred to in the > Australian Jockey Club Act 1873 on the commencement of this section.


Powers of Racing NSW

1. Racing NSW has power to do all things that may be necessary or convenient to be done for or in connection with the exercise of its functions.

2. Without limiting subsection (1), Racing NSW has power to do the following:

a) investigate and report on proposals for the construction of new racecourses, and inspect new racecourses or alterations or renovations to existing racecourses,

b) register or licence, or refuse to register or licence, or cancel or suspend the registration or licence of, a race club, or an owner, trainer, jockey, stablehand, bookmaker, bookmaker's clerk or another person associated with racing, or disqualify or suspend any of those persons permanently or for a specified period,

c) supervise the activities of race clubs, persons licensed by Racing NSW and all other persons engaged in or associated with racing,

d) inquire into and deal with any matter relating to racing and to refer any such matter to stewards or others for investigation and report and, without limiting the generality of this power, to inquire at any time into the running of any horse on any course or courses, whether or not a report concerning the matter has been made or decision arrived at by any stewards,

e) allocate to registered race clubs the dates on which they may conduct race meetings,

f) direct and supervise the dissolution of a race club that ceases to be registered by Racing NSW,

g) appoint an administrator to conduct the affairs of a race club,

h) register and identify galloping horses,

i) disqualify a horse from participating in a race,

j) exclude from participating in a race a horse not registered under the Rules of Racing,

k) prohibit a person from attending at or taking part in a race meeting,

l) impose a penalty on a person licensed by it or on an owner of a horse for a contravention of the Rules of Racing,

m) impose fees for registration of a person or horse,

n) require registered race clubs to pay to it such fees and charges (including fees for registration of a race club) as are required for the proper performance of its functions, calculated on the basis of criteria notified to race clubs by Racing NSW,

o) consult, join, affiliate and maintain liaison with other associations or bodies, whether in the State or elsewhere, concerned with the breeding or racing of galloping horses,

p) enter into contracts,

q) acquire, hold, take or lease and dispose of real and personal property whether in its own right or as trustee,

r) borrow money,

s) order an audit of the books and accounts of a race club by an auditor who is a registered company auditor nominated by Racing NSW,

t) scrutinise the constitutions of race clubs to ensure they conform to any applicable Act and the Rules of Racing and that they clearly and concisely express the needs and desires of the clubs concerned and of racing generally,

u) publish material, including periodical publications, to inform and keep informed the public concerning matters relating to racing, whether in the State or elsewhere,

v) undertake research and investigation into all aspects of the breeding of horses and of racing generally,

w) take such steps and do such acts and things as are incidental or conducive to the exercise of its powers and the performance of its functions.


Power to set minimum standards for conduct of races and race meetings

1. Racing NSW may set minimum standards in connection with the conduct by registered race clubs of races and race meetings, including minimum standards with respect to the following:

a) racecourse design and construction,

b) racecourse facilities and amenities (including facilities and amenities to be provided for patrons, such as grandstands and other patron amenities),

c) racehorse training facilities,

d) the financial management of race meetings, including the management of the costs of conducting race meetings,

e) the fees and charges imposed by a race club in connection with races conducted by the race club,

f) prize money paid on races conducted by a race club,

g) starters, appearance and other fees paid by a race club,

h) such other matters relating to the conduct of races and race meetings as may be prescribed by the regulations.

2. Racing NSW may set minimum standards under this section in any one or more (or any combination) of the following ways:

a) by a direction in writing to race clubs,

b) as a condition of the registration of race clubs,

c) as a condition of the allocation of the dates on which race clubs may conduct race meetings.

3. Racing NSW is to consult with registered race clubs in relation to any proposal to set minimum standards under this section and in the course of that consultation must give a registered race club a reasonable opportunity to be heard and to make submissions on the proposal.

4. Minimum standards may be set under this section even if they are inconsistent with a provision of a by-law under any Act. In the event of an inconsistency between minimum standards set under this section and a provision of such a by-law, those minimum standards prevail to the extent of the inconsistency.


Race clubs to provide information and documents

Racing NSW may give a direction in writing to a registered race club requiring the club to provide specified documents or furnish specified information to Racing NSW within a time specified in the direction, being documents or information that Racing NSW considers will be of assistance in connection with the exercise of its functions referred to in section 13 (1) (b), (b1) or (c) or 29A.


Sanctions for non-compliance by race club with directions and minimum standards

1. Racing NSW may impose any sanction authorised by this section on a registered race club that Racing NSW is satisfied has:

a) failed without reasonable excuse to comply with a minimum standard set under section 29A, or

b) failed without reasonable excuse to comply with a direction given to the race club under section 29B.

2. Each of the following sanctions is a sanction that Racing NSW may impose under this section:

a) a public admonishment of the race club,

b) a requirement that the race club pay to Racing NSW a civil penalty of up to 50 penalty units (or up to 100 penalty units if the contravention or failure is the second or a subsequent contravention or failure for which a civil penalty has been imposed on the race club under this section),

c) suspension or cancellation of the race club's registration.

3. Racing NSW is not to impose a sanction under this section without first giving the registered race club concerned notice in writing of the proposed sanction and a reasonable opportunity to be heard and to make submissions about the matter.

4. Subsection (3) does not apply in respect of the imposition of a sanction if Racing NSW is satisfied that the sanction must be imposed as a matter of urgency because the contravention or failure concerned poses a significant threat:

a) to public health or safety, or

b) to the financial wellbeing of the horse racing industry as a whole in New South Wales.

5. A sanction is imposed by giving notice in writing of the decision to impose the sanction to the race club concerned.

6. A civil penalty imposed under this section may be recovered by Racing NSW as a debt.


Definitions

In this Division:
1. broadcasting arrangement means a contract, understanding or other arrangement that:

a) facilitates a racing body engaging in race broadcasting or otherwise confers functions on a racing body in connection with race broadcasting, or

b) authorises or permits a person (other than a racing body) to engage in race broadcasting or otherwise facilitates such a person engaging in race broadcasting, or

c) makes provision in respect of race broadcasting and is prescribed by the regulations as a broadcasting arrangement for the purposes of this Division.

2. race broadcasting means the broadcast, by means of a broadcasting service (within the meaning of the Broadcasting Services Act 1992 of the Commonwealth) or any other telecommunications medium, of:

a) the visual images or sound (or both) of any horse race promoted, conducted or controlled by a racing body, or

b) the call of any such horse race, and includes the marketing and distribution of any such broadcast.

3. race body means:

a) a race club, and

b) the Provincial Association of New South Wales, Racing NSW Country Limited or any other association or group of race clubs, and

c) such other body or group as may be prescribed by the regulations.


Racing NSW approval required for race broadcasting arrangements

1. A racing body must not enter into a broadcasting arrangement unless Racing NSW has given its prior approval in writing to the proposed arrangement. Racing NSW may refuse to approve of a proposed broadcasting arrangement if of the opinion that the arrangement is not in the best interests of the horse racing industry as a whole in New South Wales.

2. A broadcasting arrangement entered into in contravention of this section is void.

3. No compensation is payable by Racing NSW or the State in connection with the refusal by Racing NSW to approve of a proposed broadcasting arrangement.

4. This section does not apply to the entering into of a broadcasting arrangement before the commencement of this section but does apply to the extension after that commencement of the term of a broadcasting arrangement entered into before that commencement (as if the extension of the term of the arrangement constituted the entering into of a new broadcasting arrangement).

5. A racing body may authorise Racing NSW to negotiate and enter into broadcasting arrangements on behalf of the racing body. Except as provided by any such authorisation, this section does not authorise Racing NSW to exercise any function of a racing body with respect to the negotiation or entering into of broadcasting arrangements by the racing body ( Note. This section has no effect on ownership of broadcasting rights).

6. Any conduct of Racing NSW authorised under this section is specifically authorised for the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales.

 
Inglis 2016 Race Series (7 Nov)