(1) There is established by this Act a body corporate with the corporate name of Racing New South Wales.(2) Racing New South Wales may, in the exercise of its functions, use the name “Racing NSW”.
5 Racing NSW independent of Government
Racing NSW does not represent the Crown and is not subject to direction or control by or on behalf of the Government.
(1) Racing NSW is to consist of the Chief Executive and 7 other members appointed by the Minister from time to time.(1A) The Minister is to appoint members as follows:(a) except as provided by paragraph (b)—each person appointed must be selected from a recommended members list that is provided to the Minister by the Selection Panel under section 7 in relation to the vacancy or vacancies concerned,(b) in the case of any casual vacancy (a vacancy in the office of an appointed member occurring other than by reason of the completion of the member’s term of office)—each person appointed must be selected from a list of persons recommended for appointment to fill the vacancy or vacancies concerned that is provided to the Minister by Racing NSW.(1B) The number of persons listed in a list of persons recommended for appointment to fill any casual vacancy or vacancies must be more than the number of persons required to fill the vacancy or vacancies concerned.Note. See section 7 (2) (c) for a comparable requirement in relation to lists provided by the Selection Panel.(2) A person is not eligible to be an appointed member of Racing NSW if the person:(a) is currently, or during the previous 12 months has been, an employee of a race club, racing association or eligible industry body, or(b) is currently, or during the previous 12 months has been, a member of the governing body of a race club, racing association or eligible industry body, or(c) holds a licence issued by Racing NSW or by a racing association, or(d) is registered by or with GRNSW under the Greyhound Racing Act 2009 or HRNSW under the Harness Racing Act 2009, or(e) is currently, or during the previous 10 years has been, warned off, disqualified or named on the Forfeits List under the Australian Rules of Racing, or(f) during the previous 10 years has been convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(g) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or(h) is a mentally incapacitated person.(3) A person is not eligible to be appointed as a member of Racing NSW if the person is a member of the Selection Panel at the time the Selection Panel makes its recommendation for the appointment concerned.(4) A person is not eligible to hold office as an appointed member of Racing NSW for more than 8 years in total (whether or not involving consecutive terms of office).(5) The Chief Executive does not have a vote at meetings of Racing NSW.(6) While a person is an appointed member of Racing NSW, any entitlement of the person to vote as a member of a race club or of an eligible industry body is suspended.
(1) The Minister is to establish a Selection Panel:(a) to prepare and provide to the Minister a list of persons recommended for appointment as members of Racing NSW when any vacancies arise (a recommended members list), and(b) to prepare and provide to the Minister a list of persons recommended for appointment as the Chairperson or Deputy Chairperson of Racing NSW when any vacancies arise, and(c) to recommend the terms of office for persons included in any such list.(2) A list provided to the Minister under this section:(a) must list the persons recommended for appointment and recommend terms of office for the persons listed, and(b) may list persons as being recommended for appointment both as members of Racing NSW and as the Chairperson or Deputy Chairperson of Racing NSW, and(c) must list more persons than the number of persons required to fill the vacancy or vacancies concerned.(3) The Selection Panel must not include a person in a recommended members list unless the Panel is satisfied that the person has experience in a senior administrative role or experience at a senior level in one or more of the fields of business, finance, law, marketing, technology, commerce, regulatory administration or regulatory enforcement.(4) Before including a person in a recommended members list, the Selection Panel must conduct a probity check of the person (with the level of scrutiny as determined by the Minister). The Minister is to appoint a Probity Adviser to assist the Selection Panel to conduct probity checks.(5) The Selection Panel is to choose between candidates for inclusion in a list to be provided under this section on the basis of merit, with merit to be determined on the basis of a candidate’s abilities, qualifications, experience and personal qualities that are relevant to the performance of the duties of membership of Racing NSW or the duties of the Chairperson or Deputy Chairperson (as the case requires).(6) The Selection Panel must not include a person in a recommended members list if the Panel is satisfied that the person has a direct or indirect pecuniary interest in any matter that gives rise (or is likely to give rise) to a conflict of interest of a nature that is incompatible with membership of Racing NSW.(7) The term of office for which the Minister may appoint a person selected from a list provided under this section may (but need not) be the term of office recommended by the Selection Panel.
(1) An appointed member of Racing NSW is to be appointed to hold office (subject to this Act) for a period of up to 4 years, unless the appointment is to fill a casual vacancy.(2) An appointed member appointed to fill a casual vacancy (a vacancy in the office of an appointed member occurring other than by reason of the completion of the member’s term of office) is to be appointed for the balance of the term of office of the member’s predecessor.
(1) An appointed member of Racing NSW is entitled to be paid:(a) remuneration consisting of a base amount adjusted annually in accordance with the annual percentage increase (if any) in the Consumer Price Index occurring after the determination or redetermination of the base amount takes effect, and(b) allowances to reimburse the member for expenses that he or she may incur (for travel or accommodation, for example).(1A) The Statutory and Other Offices Remuneration Tribunal may, on the application of Racing NSW, redetermine the base amount from time to time, with effect from the date of the redetermination or such later date as the Tribunal may specify.(2) In this section:base amount means an amount determined for the purposes of this section by the Statutory and Other Offices Remuneration Tribunal (which determination, whenever made, is taken to be effective on the commencement of this subsection).
Consumer Price Index means the number appearing in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.
11 Duty of members to act in interests of public and industry
It is the duty of each appointed member of Racing NSW to act in the public interest and in the interests of the horse racing industry as a whole in New South Wales.
(1) Racing NSW must, within 3 months after the commencement of this section, adopt a code of conduct to be observed by members and staff of Racing NSW.(2) The code of conduct must include a statement of the duty of members of Racing NSW under sections 11 (Duty of members to act in interests of public and industry) and 21 (Disclosure of pecuniary interests by members) and the obligations of Racing NSW under section 21 in connection with disclosures under that section.(3) Racing NSW must review its code of conduct at least every 3 years and make such changes to it as it considers appropriate.
(1) A matter or thing done or omitted to be done by Racing NSW, the Chief Executive, or a member of Racing NSW or the Selection Panel or any person acting under the direction of Racing NSW does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the Chief Executive, the member or a person so acting personally to any action, liability, claim or demand.(2) If this section prevents liability attaching to a person, the liability attaches instead to 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.
(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.
14AA Registration and licensing functions of Racing NSW—general
(1) Racing NSW is to exercise its registration and licensing functions so as to ensure that any individuals registered or licensed by Racing NSW are persons who, in the opinion of Racing NSW, are fit and proper persons to be so registered or licensed (having regard in particular to the need to protect the public interest as it relates to the horse racing industry).(2) Without limiting subsection (1), a person is not to be so registered or licensed if the person has a conviction and Racing NSW is of the opinion that the circumstances of the offence concerned are such as to render the person unfit to be so registered or licensed.(3) This section does not limit any provisions of the Rules of Racing relating to the exercise of the registration and licensing functions of Racing NSW.(4) In this section:conviction has the meaning given by the Criminal Records Act 1991 but does not include a conviction that is spent under that Act.
registration and licensing functions means the functions referred to in section 14 (2) (b).
(1) An application for a bookmaker licence may be made:(a) by a natural person of or over the age of 18 years, or(b) by a proprietary company.(2) Racing NSW must refuse to licence a proprietary company as a bookmaker unless satisfied that the company is an eligible company.(3) For the purposes of this section, an 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 licensed as an individual 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 Racing NSW, a fit and proper person to be licensed as an individual as a bookmaker under this Act, and(f) 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 bookmaker licence granted to a company that:(a) the company continues to be an eligible company, and(b) no shareholder or person concerned in the management of the company, other than a director, is licensed as an individual as a bookmaker under this Act, and(c) no director, shareholder or person concerned in the management of the company:(i) carries on the business of a bookmaker, otherwise than on behalf of the company, in relation to any horse, harness or greyhound race, at a meeting for horse racing in New South Wales, or(ii) carries on the business of an authorised betting event bookmaker, otherwise than on behalf of the company, at a racecourse licensed for horse racing, or(iii) is a director, shareholder or person concerned in the management of, or is an employee or agent of, any other company that is licensed as a bookmaker under this Act, or(iv) has a financial interest in any business of a bookmaker that is carried on by any such other company under the authority of its licence under this Act, and(d) (Repealed)(e) no director, shareholder or person concerned in the management of the company:(i) is licensed 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(ii) is a director, shareholder or person concerned in the management of a corporation, or is a member of a partnership, that is licensed or otherwise authorised to carry on, or that carries on, any such business in another country, or(iii) is an employee or agent of any individual, partnership or corporation referred to in the preceding subparagraphs, or(iv) 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) In subsection (4) (c) and (e), 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.(6) (Repealed)(7) Racing NSW may suspend or cancel a bookmaker licence granted to a company if satisfied that any condition referred to in subsection (4) is contravened in respect of the company. This does not limit the powers of Racing NSW to suspend or cancel the registration of a company as a bookmaker under section 14.(8) Any debt that is incurred by a company in carrying on business as a bookmaker licensed 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.
meeting for horse racing has the same meaning as in section 4 of the Racing Administration Act 1998.
racecourse licensed for horse racing means a racecourse in respect of which a licence for meetings for horse racing granted under section 7 of the Racing Administration Act 1998 is in force.
(1) Racing NSW is to prepare business plans for its activities from time to time.(2) Racing NSW is to undertake formal consultation on a regular basis with RICG and other horse racing industry stakeholders in connection with the initiation, development and implementation of policies for the promotion, strategic development and welfare of the horse racing industry.(3) Racing NSW is to prepare an initial strategic plan for the horse racing industry within 12 months after the commencement of this section and is to prepare a further strategic plan for the horse racing industry every 3 years after the initial strategic plan is prepared. Each strategic plan must be prepared in consultation with RICG and other horse racing industry stakeholders.(4) The annual report of Racing NSW is to include a progress report on implementation of the business plan of Racing NSW and the strategic plan for the horse racing industry over the period to which the annual report relates.
(1) The office of an appointed member of Racing NSW becomes vacant if the member:(a) dies, or(b) completes a term of office and is not reappointed, or(c) resigns the office by instrument in writing addressed to Racing NSW, or(d) is absent from 4 consecutive meetings of Racing NSW of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by Racing NSW or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by Racing NSW for having been absent from those meetings, or(e) becomes a person who is not eligible to be a member, or(f) is removed from office under subsection (2) or (3).(2) The Minister may, on the recommendation of Racing NSW, remove an appointed member of Racing NSW from office for incapacity, incompetence, misbehaviour or a contravention of the code of conduct adopted by Racing NSW under section 11A.(3) The Minister may also remove an appointed member from office if the Minister is satisfied that the member has:(a) contravened section 21 (Disclosure of pecuniary interests by members), or(b) a direct or indirect pecuniary interest in any matter that gives rise (or is likely to give rise) to a conflict of interest of a nature that is incompatible with continued membership of Racing NSW.(4) The Minister may not remove a member from office under subsection (3) unless the Minister has first given the member an opportunity to show cause why the member should not be removed from office.
16 Chairperson and Deputy Chairperson of Racing NSW
(1) The Minister is to appoint one of the appointed members of Racing NSW as the Chairperson of Racing NSW and another appointed member as the Deputy Chairperson of Racing NSW.(2) The Minister must select persons for appointment as the Chairperson or Deputy Chairperson to a vacancy in any of those offices from a list of persons recommended for appointment as such that is provided to the Minister by the Selection Panel under section 7 in relation to the vacancy concerned.(3) The appointment of a person as the Chairperson or Deputy Chairperson may be made by the relevant instrument of appointment of the person as an appointed member or by another instrument executed by the Minister.(4) The Chairperson or Deputy Chairperson is to be appointed to hold office (subject to this Act) for a period of up to 4 years, unless the Chairperson or Deputy Chairperson sooner vacates office as such.(5) The Minister may remove a person from office as the Chairperson or Deputy Chairperson at any time.(6) A person ceases to hold office as Chairperson or Deputy Chairperson if he or she:(a) resigns the office by instrument in writing addressed to the Minister, or(b) is removed from that office by the Minister, or(c) ceases to hold office as a member of Racing NSW.(7) The Chairperson or Deputy Chairperson does not cease to be a member of Racing NSW merely because he or she ceases to be Chairperson or Deputy Chairperson.
17 Member vacancies to be filled
If the office of an appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
18 The Chief Executive and other staff
(1) Racing NSW is to employ a Chief Executive and may employ such other staff as it considers necessary for the exercise of its functions. A person is disqualified from being employed as Chief Executive if the person is or becomes an employee of a race club or racing association.(2) Racing NSW may fix the salary, wages and other conditions of employment of the Chief Executive and its other staff, in so far as they are not fixed by or under any other Act or law.(3) The Public Sector Management Act 1988 does not apply to the Chief Executive and the other members of staff of Racing NSW.
18A Arrangements for use of staff and facilities of HRNSW or GRNSW
(1) Racing NSW may arrange for the use of the services of any staff or facilities of HRNSW or GRNSW.(2) For the purposes of this Act, a person whose services are utilised by Racing NSW under this section is taken to be a member of staff of Racing NSW in the exercise of functions by the person under this Act.(3) Without limiting subsection (1), Racing NSW may arrange for a steward appointed by HRNSW or GRNSW to perform the functions of a steward under this Act. Any such person is taken to have been appointed by Racing NSW as a steward for the purposes of this Act while exercising functions under this Act in accordance with those arrangements.(4) Without limiting subsection (1), Racing NSW may arrange to share with HRNSW or GRNSW any equipment, information technology (such as computer software) or office, or any administrative system relating to licensing or registration.(5) Racing NSW is not authorised to enter into an arrangement under this section in relation to stewards, licensing or registration without the consent of the Minister.(6) The consent of the Minister under subsection (5):(a) may be given in relation to a particular arrangement or a class of arrangements, and(b) may be subject to conditions, and(c) may be amended from time to time.
(1) Racing NSW may regulate its proceedings as it considers appropriate, subject to this section.(1A) Proceedings in respect of an inquiry conducted by Racing NSW may be conducted in public or in private, or partly in public and partly in private, as Racing NSW may decide.(1B) In conducting an inquiry, Racing NSW may examine any witness on oath or affirmation, or by use of a statutory declaration.(2) The quorum for a meeting of Racing NSW is a majority of the appointed members of Racing NSW as constituted for the time being.(3) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson is to preside at a meeting of Racing NSW. If neither the Chairperson nor Deputy Chairperson is present at a meeting, the members present may elect one of their number to preside at the meeting. The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.(4) A decision supported by a majority of the votes cast at a meeting of Racing NSW at which a quorum is present is the decision of Racing NSW.(5), (6) (Repealed)
20 Transaction of business outside meetings or by telephone
(1) Racing NSW may, if it thinks fit, transact any of its business by the circulation of papers among all of its members, and a resolution in writing approved in writing by a majority of the appointed members is taken to be a decision of Racing NSW.Email may be used to circulate papers among members and a resolution approved by email is taken to have been approved in writing.
(2) Racing NSW may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if a member who speaks on a matter at the meeting can be heard by the other members.(3) For the purposes of:(a) the approval of a resolution under subsection (1), or(b) a meeting held in accordance with subsection (2),the Chairperson and each other member have the same voting rights as they have at an ordinary meeting of Racing NSW.(4) A resolution approved under subsection (1) is to be recorded in the minutes of the meetings of Racing NSW.(5) Papers may be circulated among members for the purposes of subsection (1) by facsimile or other transmission of the information in the papers concerned.
21 Disclosure of pecuniary interests by members
(1) If:(a) a member of Racing NSW or of a committee of Racing NSW has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of Racing NSW or the committee, and(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of Racing NSW or the committee.(2) A disclosure by a member at a meeting of Racing NSW or a committee of Racing NSW that the member:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subsection (1).(3) Particulars of any disclosure made under this section must be recorded by Racing NSW or the committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the reasonable fee determined by Racing NSW.(4) After a member has disclosed the nature of an interest in any matter, the member must not:(a) be present during any deliberation of Racing NSW or the committee with respect to the matter, or(b) take part in any decision of Racing NSW or the committee with respect to the matter.(5) (Repealed)(6) A contravention of this section does not invalidate any decision of Racing NSW or a committee.
(1) Racing NSW may establish committees to assist it in connection with the exercise of any of its functions.(2) A person may be appointed to be a member of such a committee whether or not the person is a member of Racing NSW.(3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by Racing NSW or (subject to any determination of Racing NSW) by the committee.
23 Integrity Assurance Committee
(1) Racing NSW must establish a committee to be known as the Integrity Assurance Committee (“the IA Committee”). The IA Committee is to have primary oversight of those aspects of the functions of Racing NSW that relate to race stewards, drug testing and control, licensing, handicapping and horse racing appeals. The IA Committee has such other functions as Racing NSW may confer on it or as are conferred on it by this Act.(2) The IA Committee is to advise Racing NSW on the matters for which it has primary oversight.(3) Racing NSW is to determine the qualifications and disqualifications for membership of the IA Committee and in doing so is to have particular regard to the need to minimise conflicts of interest, such as might arise from a person’s:(a) ownership of horses currently in work, or(b) professional involvement in race preparation, or(c) professional or commercial dealings with any person who holds a licence issued by Racing NSW or by a racing association.
23A Inquiries and investigations by Integrity Assurance Committee in relation to complaint
(1) A person may make a complaint to the IA Committee in respect of the exercise of functions by a racing official relating to horse racing.(2) On receiving a complaint from a person under this section, the IA Committee must investigate the complaint with due diligence unless the Committee 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 IA Committee decides to investigate a complaint, the Committee 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 IA Committee 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 things:(a) provide, in accordance with directions in the notice, such information verified by statutory declaration as, in the opinion of the Committee, 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 Committee, 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 Committee such authorisations and consents as the Committee requires for the purpose of enabling the Committee 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 IA Committee contained in a notice under subsection (4).Maximum penalty (subsection (6)): 20 penalty units.
23B Action after investigation of complaint
(1) The IA Committee must provide a report in writing of the results of the investigation of a complaint to Racing NSW 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 horse racing or a contravention of the code of conduct adopted by Racing NSW under section 11A.(2) If such a report identifies any racing official in an adverse manner, the IA Committee must also give a copy of the report to the racing official.(3) The IA Committee must inform the person who made the complaint of whether a report has been made under this section or whether the Committee considers that the complaint does not warrant such a report being made.
(1) Racing NSW may delegate to an authorised person or body any of its functions, other than this power of delegation.(2) A delegate may sub-delegate to an authorised person or body any function delegated by Racing NSW if the delegate is authorised in writing to do so by Racing NSW.(3) In this section, authorised person or body means:(a) the Chief Executive or any other member of Racing NSW, or(b) a committee of Racing NSW or any member of such a committee, or(c) a race club or racing association.
26 Authentication of documents
Any document requiring authentication by Racing NSW is sufficiently authenticated without the seal of Racing NSW if signed by the Chairperson.
Any charge, fee or other money due to Racing NSW may be recovered as a debt in a court of competent jurisdiction.
(1) Racing NSW must, as soon as practicable after 30 June and in any case before 1 November in each year prepare and forward to the Minister a report of its work and activities for the 12 months ending on that 30 June.(2) The report must include copies of the financial statements of Racing NSW for the 12 month period to which the report relates together with an auditor’s report on those statements prepared by an independent auditor.(3) The Minister is to table the report or cause it to be tabled in both Houses of Parliament as soon as practicable after the report is forwarded to the Minister.(4) Racing NSW is to make copies of the report available to the public at a reasonable price.