Part 3 Control and regulation of greyhound racing
17 Registration of greyhound racing clubs and trial tracks
(1) GRNSW may, in accordance with the rules, register or refuse to register:(a) any greyhound racing club, or(b) any greyhound trial track.(2) GRNSW must not refuse to register a greyhound racing club or a greyhound trial track under this section unless it is of the opinion that:(a) the greyhound racing club or greyhound trial track is not, or will not be, financially viable in relation to participation in the greyhound racing industry, or(b) the registration of the greyhound racing club or greyhound trial track (whether under this or another Act) has previously been cancelled, or(c) it would be in the best interests of the greyhound racing industry to do so.
18 Registration of greyhounds and persons associated with greyhound racing
(1) GRNSW may, in accordance with the rules, register or refuse to register any greyhound, or any owner, trainer or bookmaker or other person associated with greyhound racing.(2) GRNSW must not refuse to register any greyhound or any person under subsection (1) unless it is of the opinion that it would be in the best interests of the greyhound racing industry to do so.
(1) An individual over the age of 18 years or a proprietary company may apply to GRNSW for registration as a bookmaker in relation to greyhound racing.(2) Despite section 18 (2), GRNSW must refuse to grant an application for registration of a proprietary company as a bookmaker unless satisfied that the company is an eligible company.(3) For the purposes of this section, eligible company means a proprietary company that is registered under the Corporations Act 2001 of the Commonwealth and in which:(a) each director, shareholder and person concerned in the management of the company is of or over the age of 18 years, and(b) each director is registered as a bookmaker under this Act, and(c) each director is a shareholder and person concerned in the management of the company, and(d) each shareholder who is not a director is a close family member of a director, and(e) each shareholder or person concerned in the management of the company who is not a director is, in the opinion of GRNSW, a fit and proper person to be registered as an individual as a bookmaker under this Act, and(f) no shareholder or person concerned in the management of the company, other than a director, is registered as an individual as a bookmaker under this Act, and(g) subject to the regulations, no person (other than a shareholder) has any interest in the shares or assets of the company.(4) It is a condition of a company’s registration as a bookmaker under this Act that:(a) the company continues to be an eligible company, and(b) no director, shareholder or person concerned in the management of the company:(i) is a director, shareholder or person concerned in the management of, or is an employee or agent of, any other company that is registered as a bookmaker under this Act, or(ii) has a financial interest in any business of a bookmaker that is carried on by any such other company under the authority of its registration under this Act, or(iii) is registered or otherwise authorised as an individual to carry on, or carries on, the business of a bookmaker, bookmaker’s clerk or turf commission agent, or a totalizator business, or any other kind of betting, wagering, gambling or gaming business, in another country, or(iv) is a director, shareholder or person concerned in the management of a corporation, or is a member of a partnership, that is registered or otherwise authorised to carry on, or that carries on, any such business in another country, or(v) is an employee or agent of any individual, partnership or corporation referred to in subparagraph (iii) or (iv), or(vi) has a financial interest in the business of a bookmaker or turf commission agent, or a totalizator business, or any other kind of betting, wagering, gambling or gaming business, that is authorised to be carried on or is carried on in another country.(5) It is a condition of a company’s registration as a bookmaker under this Act that no director, shareholder or person concerned in the management of the company:(a) carries on the business of a bookmaker, otherwise than on behalf of the company, in relation to any greyhound, horse or harness race, at a greyhound racing meeting in New South Wales, or(b) carries on the business of an authorised betting event bookmaker, otherwise than on behalf of the company, at a racecourse licensed for greyhound racing.(6) In subsection (4) (b), a reference to carrying on the business of a bookmaker, or the business of a bookmaker’s clerk or turf commission agent, includes a reference to acting as a bookmaker, or a bookmaker’s clerk or turf commission agent.(7) GRNSW may suspend or cancel the registration of a company as a bookmaker if satisfied that any condition referred to in subsection (4) or (5) is contravened in respect of the company. This does not limit the powers of GRNSW to suspend or cancel the registration of a company as a bookmaker under section 21.(8) Any debt that is incurred by a company in carrying on business as a bookmaker registered under this Act is enforceable jointly and severally against all persons who are directors of the company at the time the debt is incurred (whether or not they are directors at the time the debt is sought to be enforced).(9) In this section:authorised betting event bookmaker has the same meaning as in section 4 of the Racing Administration Act 1998.
close family member of a director means:
(a) a spouse, de facto partner, parent, child, brother or sister of the director, or(b) a person who has a relationship with the director that is prescribed by the regulations for the purposes of this definition.Note. “De facto partner” is defined in section 21C of the Interpretation Act 1987.financial interest in a bookmaking business means an entitlement to receive any of the income from the business.
proprietary company has the same meaning as in the Corporations Act 2001 of the Commonwealth.
racecourse licensed for greyhound racing means a racecourse in respect of which a licence for greyhound racing meetings granted under section 7 of the Racing Administration Act 1998 is in force.
20 Suspension or cancellation of registration of greyhound racing clubs and trial tracks on commercial grounds
(1) GRNSW may, in accordance with the rules, suspend or cancel the registration of:(a) any greyhound racing club, or(b) any greyhound trial track.(2) GRNSW must not suspend or cancel any registration under this section unless it is of the opinion that:(a) the greyhound racing club or greyhound trial track is not, or will not be, financially viable in relation to participation in the greyhound racing industry, or(b) it would be in the best interests of the greyhound racing industry to do so.(3) GRNSW may not suspend or cancel any registration under this section for the purpose of taking disciplinary action or for the purposes of work health and safety.
21 Disciplinary and work health and safety action may be taken by GRNSW
(1) GRNSW may, in accordance with the rules, do any of the following:(a) cancel the registration under this Act of:(i) any greyhound racing club, or(ii) any greyhound trial track, or(iii) any greyhound, or(iv) any owner, trainer or bookmaker or other person associated with greyhound racing,(b) disqualify, either permanently or temporarily, any owner, trainer or bookmaker or other person associated with greyhound racing,(c) disqualify any greyhound, either permanently or temporarily,(d) prohibit any person from participating in or associating with greyhound racing in any specified capacity,(e) prohibit any greyhound from competing in any greyhound race or trial,(f) impose fines, not exceeding 200 penalty units, on any greyhound racing club or on any owner, trainer or bookmaker or other person associated with greyhound racing for breaches of the rules,(g) suspend, for such term as GRNSW thinks fit, any right or privilege conferred by this Act or the rules on any owner, trainer or bookmaker or other person associated with greyhound racing,(h) prohibit any person registered under the rules from taking part in any greyhound racing meeting held by any greyhound racing club that is not registered under the rules.(2) Any fine imposed under subsection (1) (f) is to be paid to and be the property of GRNSW.(3) GRNSW may only take action under this section for disciplinary purposes or for the purposes of work health and safety.
22 Offence for greyhound trial tracks not to be registered
A person who as owner, lessee, occupier or otherwise has the management or control of a greyhound trial track that is required to be registered in accordance with the rules and is not so registered is guilty of an offence and liable to a penalty not exceeding 4 penalty units.
23 Rules in relation to greyhound racing
(1) GRNSW may make rules, not inconsistent with this Act or the regulations, for or with respect to the control and regulation of greyhound racing.(2) Without limiting the generality of subsection (1), GRNSW may make rules for or with respect to the following:(a) any matter that by this Act is required or permitted to be prescribed by the rules,(b) any of the matters referred to in Division 1,(c) the effect of a disqualification of, or other penalty imposed on, a person or greyhound under section 21 (1),(d) the allocation to greyhound racing clubs of dates on which they may conduct greyhound racing meetings and greyhound races,(e) the holding and conduct of greyhound racing meetings and of races or trials at any such meeting,(f) the keeping of greyhounds that are in the care or custody of persons registered under the rules,(g) the breeding of greyhounds (including the registration or recording of sires, services and litters),(h) the naming and identification of greyhounds,(i) the adoption by GRNSW (with or without inquiry) of penalties imposed by clubs or authorities conducting or controlling greyhound racing, horse racing or harness racing, whether in or outside of New South Wales,(j) the appointment of stewards by GRNSW and the functions of those stewards (including functions that do not relate to greyhound racing meetings),(k) conferring on stewards appointed by GRNSW the function of enforcing the rules,(l) the extent to which and the circumstances in which stewards appointed by GRNSW may exercise their functions to the exclusion of stewards of greyhound racing clubs,(m) prohibiting any or all of the following:(i) betting or wagering at any place where a greyhound trial or training race is held,(ii) the award, in respect of any greyhound trial or training race, of any money,(iii) charging for the admission of persons (not being persons in charge of greyhounds) to a greyhound trial track,(n) the fees and charges referred to in section 39.
(1) A provision of a rule made under this Division may:(a) apply generally or be limited in its application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.(2) A rule made under this Division may apply, adopt or incorporate any publication as in force at a particular time or as in force from time to time.(3) A rule made under this Division may not be made for or with respect to any of the matters for or with respect to which regulations may be made by virtue of this Act (section 48 (1) (b) excepted).
Division 3 Greyhound Racing Integrity Auditor
25 Appointment of Integrity Auditor
(1) GRNSW is to appoint a person who, in the opinion of GRNSW, has suitable legal qualifications to hold the office of Greyhound Racing Integrity Auditor.(2) GRNSW is to conduct a probity check of a person (with the level of scrutiny to be determined by the Minister) before appointing a person to the office of Greyhound Racing Integrity Auditor.(3) An appointment of a Greyhound Racing Integrity Auditor has no effect unless the Minister approves of the appointment.(4) A person holding office as the Harness Racing Integrity Auditor under the Harness Racing Act 2009 may also be appointed to the office of Greyhound Racing Integrity Auditor.(5) A probity check need not be conducted under subsection (2) of a person if the person holds the office of the Harness Racing Integrity Auditor and HRNSW conducted probity checks of that person before his or her appointment in accordance with the Harness Racing Act 2009.
26 Functions of Integrity Auditor
(1) The Integrity Auditor has the following functions:(a) the primary oversight of those aspects of the functions of GRNSW that relate to stewards, drug testing and control and registration,(b) providing advice to GRNSW on the matters referred to in paragraph (a),(c) receiving and investigating complaints against racing officials in respect of the exercise of functions relating to greyhound racing,(d) such other functions as are conferred or imposed on the Integrity Auditor by or under this or any other Act.(2) The functions of the Integrity Auditor are to be exercised independently of GRNSW.
27 Inquiries and investigations by Integrity Auditor in relation to complaint
(1) A person may make a complaint to the Integrity Auditor in respect of the exercise of functions by a racing official relating to greyhound racing.(2) On receiving a complaint from a person under this section, the Integrity Auditor must investigate the complaint with due diligence unless the Integrity Auditor considers that the complaint:(a) is frivolous, vexatious or not made in good faith, or(b) is trivial, or(c) does not relate to the exercise of functions by a racing official in a corrupt, improper or unethical manner.(3) If the Integrity Auditor decides to investigate a complaint, the Integrity Auditor must inform the racing official concerned of the substance of the complaint and give the racing official a reasonable opportunity to respond to it.(4) The Integrity Auditor may, by notice in writing, require a racing official who is the subject of an investigation under this section to do one or more of the following:(a) provide, in accordance with directions in the notice, such information verified by statutory declaration as, in the opinion of the Integrity Auditor, is relevant to the investigation and is specified in the notice,(b) produce, in accordance with directions in the notice, such records as, in the opinion of the Integrity Auditor, are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,(c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),(d) furnish to the Integrity Auditor such authorisations and consents as the Integrity Auditor requires for the purpose of enabling the Integrity Auditor to obtain information (including financial and other confidential information) from other persons concerning the person under investigation.(5) A person who complies with a requirement of a notice under subsection (4) does not on that account incur a liability to another person.(6) A person must not fail to comply with a requirement of the Integrity Auditor contained in a notice under subsection (4).Maximum penalty (subsection (6)): 20 penalty units.
28 Action after investigation of complaint
(1) The Integrity Auditor must provide a report in writing of the results of the investigation of a complaint to GRNSW and the Minister if satisfied that those results indicate that there has been a contravention of this or any other Act in relation to the conduct of greyhound racing or a contravention of the code of conduct adopted by GRNSW in accordance with clause 16 of Schedule 1.(2) If such a report identifies any racing official in an adverse manner, the Integrity Auditor must also give a copy of the report to the racing official.(3) The Integrity Auditor must inform the person who made the complaint of whether a report has been made under this section or whether the Integrity Auditor considers that the complaint does not warrant such a report being made.