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Thursday, 23 May 2013

Racing and Other Legislation Amendment Bill 2012

Date: Fri, 2 Nov 2012 10:30:18 AM
Industry: Thoroughbreds
Type: Industry News
 
RACING AND OTHER LEGISLATION AMENDMENT BILL 2012
 
Introduction
 
Hon. SL DICKSON (Buderim—LNP) (Minister for National Parks, Recreation, Sport and Racing)
(12.13 pm): I present a bill for an act to amend the Interactive Gambling (Player Protection) Act 1998,
01 Nov 2012 Racing and Other Legislation Amendment Bill 2012 2375
the Racing Act 2002 and the Wagering Act 1998 for particular purposes. I table the bill and the
explanatory notes.
 
Tabled paper: Racing and Other Legislation Amendment Bill 2012.
Tabled paper: Racing and Other Legislation Amendment Bill 2012: explanatory notes.
 
Today I introduce the Racing and Other Legislation Amendment Bill 2012. The bill delivers on the
government’s election commitment to rejuvenate the Queensland racing industry by: removing Racing
Queensland Ltd as the control body for racing in Queensland and establishing the Queensland All
Codes Racing Industry Board in this role; establishing a code-specific board for each code of racing;
establishing and transferring appropriate racing integrity functions to the government; and providing a
competitive environment for Queensland bookmakers.
 
The Newman government was elected on a platform of rejuvenating Queensland’s racing sector
after it was brought to its knees by the former Labor government. In 2010, under the former Labor
government, amendments to the Racing Act 2002 amalgamated the then three control bodies into a
single control body, Racing Queensland Ltd. The spectacular carelessness and arrogance of those who
were put in charge of RQL is still being felt in the industry today. Whilst Labor turned a blind eye, those
who were charged with running the racing industry in this state were instead running the racing industry
into the ground. Much like their political masters, RQL’s dodgy deals, sweetheart pay-offs and
questionable business practices will be their legacy.
 
Currently, Racing Queensland is a company limited by guarantee with no requirement to consult
or consider the basic needs and views of those who actually derive an income from or participate in the
racing industry. Our bill proposes to remove Racing Queensland Ltd as the control body for the
thoroughbred, harness and greyhounds codes of racing and establish the Queensland All Codes Racing
Industry Board in this role.
 
Vitally, to address long held industry concerns that the principal racing authority has no direct
interaction with code participants and licensees in each specific racing code have no code-specific
board with which to interact, the bill also proposes to establish three separate code-specific boards: the
Queensland Thoroughbred Racing Board; the Queensland Harness Racing Board; and the Queensland
Greyhound Racing Board. The 30,000 people who rely on the racing sector for their employment will
once again have a voice.
 
The functions of the code-specific boards will include but not be limited to: reviewing and making
recommendations regarding allocation of race dates and prize money; making recommendations in
relation to amendments or enhancements to their code’s rules of racing; undertaking ongoing
consultation with code stakeholders; and developing a five-year rolling strategic infrastructure plan. As
previously mentioned, our amendments also provide for the removal of Racing Queensland Ltd as the
control body and the establishment of the Queensland All Codes Racing Industry Board to fulfil that
function. Important to note is the fact that the three chairs of the code-specific boards plus an additional
two members will make up this entity.
 
This board’s composition and structure ensures that the Queensland All Codes Racing Industry
Board will derive and retain its legitimacy and authority by virtue of the fact that it is truly representative
of the sector. The functions, roles and purposes of the Queensland All Codes Racing Industry Board are
to: act as the principal racing authority—control body—for the purposes of satisfying national and
international racing authority’s governance and regulatory requirements; identifying, assessing and
developing responses to strategic issues relevant to the racing industry as a whole, including wagering
negotiations and television rights deals; developing and implementing responses to strategic challenges
faced by the relevant individual codes of racing or the industry as a whole; leading and facilitating
negotiations between two or more code-specific boards about strategic issues and agreements that
affect the relevant individual codes of racing or the industry as a whole; and provide administrative and
corporate support to code-specific boards to enable them to deliver their functions and meet their
objectives.
 
In terms of giving the industry a genuine say in who represents it, a board recruitment process will
be instituted which fulfils both the spirit and the practical application of the LNP’s commitments. The
code-specific boards will consist of three non-executive independent members selected by an
independent selection panel. The chairs of these code-specific boards and two other members identified
by the independent selection panel will be appointed to the Queensland All Codes Racing Industry
Board by the Governor in Council upon the recommendation of the minister.
 
Prospective members of the code-specific boards and the Queensland All Codes Racing Industry
Board will be identified through a recruitment process conducted by an executive recruitment company
engaged by the Department of National Parks, Recreation, Sport and Racing. The recruitment company
will provide details of the short-listed candidates to a selection panel appointed by the minister. In
establishing a selection panel, the minister must consult with the persons involved in the racing industry.
The minister will consider the recommendations of the selection panel with the Governor in Council to
appoint board members.
  
Once Racing Queensland Ltd is abolished, the Queensland All Codes Racing Industry Board
becomes the control body for racing and all assets, employees, instruments, authorisations and
liabilities of Racing Queensland Ltd will be transferred to it. The bill proposes that the employees of
Racing Queensland Ltd be transferred to the Queensland All Codes Racing Industry Board and
continue to be employed under the applicable industrial relations system, whether federal or state, that
they were employed under prior to the transfer. Amendments propose that a person who is an employee
of Racing Queensland Ltd becomes an employee of the Queensland All Codes Racing Industry Board
on the same terms and conditions of employment as applied to the person immediately before the
commencement of the amendments. The Queensland All Codes Racing Industry Board will assume
liability for outstanding leave entitlements and recognise the employees’ length of service at the date of
transfer.
 
Our government has promised to restore accountability to racing, and one of the most important
ways we will do so is by taking on responsibility for racing integrity functions. The bill proposes to
transfer appropriate racing integrity functions to government through the establishment of the Racing
Disciplinary Board to replace the existing appeals committees established by Racing Queensland Ltd.
The Racing Disciplinary Board will be responsible for the initial hearing of all appeals from administrative
and disciplinary decisions of the Queensland All Codes Racing Industry Board and stewards’ inquiries.
A person appointed as a member of the Racing Disciplinary Board must either be legally qualified or
have knowledge of the rules of racing for one or more codes of racing. The bill requires that any hearing
conducted by the Racing Disciplinary Board must be conducted by a legally qualified member and a
member with specific knowledge of the relevant code of racing.
 
The Newman government is responding to overwhelming feedback from the industry that they
deserve a fair and transparent appeals system. Appeal hearings will be presided over by persons who
have legal qualifications or a thorough knowledge of the rules that govern the operation of the racing
industry. A key provision of the bill requires that at any hearing conducted by the Racing Disciplinary
Board the control body cannot be legally represented unless the licensee is also legally represented.
This provision addresses concerns voiced by licensees that they have previously been forced to incur
significant legal expenses to level the playing field in appeals against decisions of the control body.
It is also proposed to establish a Racing Integrity Commissioner to provide independent oversight
of integrity issues across the three codes of racing and conduct audits and integrity related
investigations. The Queensland All Codes Racing Industry Board will be required to meet the costs
associated with the operations of the Racing Disciplinary Board and the Racing Integrity Commissioner.
 
Proposed amendments to the Racing Act and the Interactive Gambling (Player Protection) Act
1998 will allow bookmakers to use internet based technology to conduct their business, both at the
racecourse and at other off-course premises approved by the minister. This will allow Queensland
bookmakers to be more competitive with their interstate counterparts, especially the corporate
bookmakers who have had a free ride on the Queensland racing industry for too long. To ensure these
changes also provide the benefit of strengthening the local bookmakers’ rings, bookmakers will need to
conduct on-course, face-to-face bookmaking for a minimum number of meetings to gain an off-course
approval.
 
The Queensland All Codes Racing Industry Board will be responsible for approving any
telecommunications system used by a bookmaker and monitoring it, as currently occurs with telephoneonly
bookmaking under the Racing Act. However, any system for bookmaking approved by the control
body will be required to demonstrate appropriate integrity standards and safeguards to protect both the
bookmaker and customers. Accordingly, the bill requires any online systems used for bookmaking to be
independently certified to protect the public interest.
 
Wagering conducted under the Racing Act has always been exempted from being classified as
an interactive game under the Interactive Gambling (Player Protection) Act 1998. Accordingly, the bill
proposes amendments to maintain this exemption for bookmakers conducting business via internet
based technology. Amendments to the Wagering Act are required to extend the funding for the Racing
Industry Capital Development Scheme from 2014 to 2015. The scheme provides funding for priority
infrastructure upgrades at racing venues across the state of Queensland. The amendments to the
Wagering Act 1998 allow the provision of funding of $110 million for the industry from the scheme, which
fulfils the government’s election commitment.
 
In closing, the Racing and Other Legislation Amendment Bill 2012 will continue the LNP’s delivery
of our Rejuvenating Queensland Racing election policy. By introducing amendments which truly give
industry participants a greater and meaningful say in how their specific code, as well as the industry
more broadly, is run—a freedom denied to grassroots participants by the former government—we will be
in a position to deliver on our core commitment to rejuvenate racing in this state.
 
First Reading
Hon. SL DICKSON
Today I introduce the Racing and Other Legislation Amendment Bill 2012. The bill delivers on the
government’s election commitment to rejuvenate the Queensland racing industry by: removing Racing
Queensland Ltd as the control body for racing in Queensland and establishing the Queensland All
Codes Racing Industry Board in this role; establishing a code-specific board for each code of racing;
establishing and transferring appropriate racing integrity functions to the government; and providing a
competitive environment for Queensland bookmakers.
 
The Newman government was elected on a platform of rejuvenating Queensland’s racing sector
after it was brought to its knees by the former Labor government. In 2010, under the former Labor
government, amendments to the Racing Act 2002 amalgamated the then three control bodies into a
single control body, Racing Queensland Ltd. The spectacular carelessness and arrogance of those who
were put in charge of RQL is still being felt in the industry today. Whilst Labor turned a blind eye, those
who were charged with running the racing industry in this state were instead running the racing industry
into the ground. Much like their political masters, RQL’s dodgy deals, sweetheart pay-offs and
questionable business practices will be their legacy.
 
Currently, Racing Queensland is a company limited by guarantee with no requirement to consult
or consider the basic needs and views of those who actually derive an income from or participate in the
racing industry. Our bill proposes to remove Racing Queensland Ltd as the control body for the
thoroughbred, harness and greyhounds codes of racing and establish the Queensland All Codes Racing
Industry Board in this role.
 
Vitally, to address long held industry concerns that the principal racing authority has no direct
interaction with code participants and licensees in each specific racing code have no code-specific
board with which to interact, the bill also proposes to establish three separate code-specific boards: the
Queensland Thoroughbred Racing Board; the Queensland Harness Racing Board; and the Queensland
Greyhound Racing Board. The 30,000 people who rely on the racing sector for their employment will
once again have a voice.
 
The functions of the code-specific boards will include but not be limited to: reviewing and making
recommendations regarding allocation of race dates and prize money; making recommendations in
relation to amendments or enhancements to their code’s rules of racing; undertaking ongoing
consultation with code stakeholders; and developing a five-year rolling strategic infrastructure plan. As
previously mentioned, our amendments also provide for the removal of Racing Queensland Ltd as the
control body and the establishment of the Queensland All Codes Racing Industry Board to fulfil that
function. Important to note is the fact that the three chairs of the code-specific boards plus an additional
two members will make up this entity.
 
This board’s composition and structure ensures that the Queensland All Codes Racing Industry
Board will derive and retain its legitimacy and authority by virtue of the fact that it is truly representative
of the sector. The functions, roles and purposes of the Queensland All Codes Racing Industry Board are
to: act as the principal racing authority—control body—for the purposes of satisfying national and
international racing authority’s governance and regulatory requirements; identifying, assessing and
developing responses to strategic issues relevant to the racing industry as a whole, including wagering
negotiations and television rights deals; developing and implementing responses to strategic challenges
faced by the relevant individual codes of racing or the industry as a whole; leading and facilitating
negotiations between two or more code-specific boards about strategic issues and agreements that
affect the relevant individual codes of racing or the industry as a whole; and provide administrative and
corporate support to code-specific boards to enable them to deliver their functions and meet their
objectives.
 
In terms of giving the industry a genuine say in who represents it, a board recruitment process will
be instituted which fulfils both the spirit and the practical application of the LNP’s commitments. The
code-specific boards will consist of three non-executive independent members selected by an
independent selection panel. The chairs of these code-specific boards and two other members identified
by the independent selection panel will be appointed to the Queensland All Codes Racing Industry
Board by the Governor in Council upon the recommendation of the minister.
 
Prospective members of the code-specific boards and the Queensland All Codes Racing Industry
Board will be identified through a recruitment process conducted by an executive recruitment company
engaged by the Department of National Parks, Recreation, Sport and Racing. The recruitment company
will provide details of the short-listed candidates to a selection panel appointed by the minister. In
establishing a selection panel, the minister must consult with the persons involved in the racing industry.
The minister will consider the recommendations of the selection panel with the Governor in Council to
appoint board members.
  
Once Racing Queensland Ltd is abolished, the Queensland All Codes Racing Industry Board
becomes the control body for racing and all assets, employees, instruments, authorisations and
liabilities of Racing Queensland Ltd will be transferred to it. The bill proposes that the employees of
Racing Queensland Ltd be transferred to the Queensland All Codes Racing Industry Board and
continue to be employed under the applicable industrial relations system, whether federal or state, that
they were employed under prior to the transfer. Amendments propose that a person who is an employee
of Racing Queensland Ltd becomes an employee of the Queensland All Codes Racing Industry Board
on the same terms and conditions of employment as applied to the person immediately before the
commencement of the amendments. The Queensland All Codes Racing Industry Board will assume
liability for outstanding leave entitlements and recognise the employees’ length of service at the date of
transfer.
 
Our government has promised to restore accountability to racing, and one of the most important
ways we will do so is by taking on responsibility for racing integrity functions. The bill proposes to
transfer appropriate racing integrity functions to government through the establishment of the Racing
Disciplinary Board to replace the existing appeals committees established by Racing Queensland Ltd.
The Racing Disciplinary Board will be responsible for the initial hearing of all appeals from administrative
and disciplinary decisions of the Queensland All Codes Racing Industry Board and stewards’ inquiries.
A person appointed as a member of the Racing Disciplinary Board must either be legally qualified or
have knowledge of the rules of racing for one or more codes of racing. The bill requires that any hearing
conducted by the Racing Disciplinary Board must be conducted by a legally qualified member and a
member with specific knowledge of the relevant code of racing.
 
The Newman government is responding to overwhelming feedback from the industry that they
deserve a fair and transparent appeals system. Appeal hearings will be presided over by persons who
have legal qualifications or a thorough knowledge of the rules that govern the operation of the racing
industry. A key provision of the bill requires that at any hearing conducted by the Racing Disciplinary
Board the control body cannot be legally represented unless the licensee is also legally represented.
This provision addresses concerns voiced by licensees that they have previously been forced to incur
significant legal expenses to level the playing field in appeals against decisions of the control body.
 
It is also proposed to establish a Racing Integrity Commissioner to provide independent oversight
of integrity issues across the three codes of racing and conduct audits and integrity related
investigations. The Queensland All Codes Racing Industry Board will be required to meet the costs
associated with the operations of the Racing Disciplinary Board and the Racing Integrity Commissioner.
Proposed amendments to the Racing Act and the Interactive Gambling (Player Protection) Act
1998 will allow bookmakers to use internet based technology to conduct their business, both at the
racecourse and at other off-course premises approved by the minister. This will allow Queensland
bookmakers to be more competitive with their interstate counterparts, especially the corporate
bookmakers who have had a free ride on the Queensland racing industry for too long. To ensure these
changes also provide the benefit of strengthening the local bookmakers’ rings, bookmakers will need to
conduct on-course, face-to-face bookmaking for a minimum number of meetings to gain an off-course
approval.
 
The Queensland All Codes Racing Industry Board will be responsible for approving any
telecommunications system used by a bookmaker and monitoring it, as currently occurs with telephoneonly
bookmaking under the Racing Act. However, any system for bookmaking approved by the control
body will be required to demonstrate appropriate integrity standards and safeguards to protect both the
bookmaker and customers. Accordingly, the bill requires any online systems used for bookmaking to be
independently certified to protect the public interest.
 
Wagering conducted under the Racing Act has always been exempted from being classified as
an interactive game under the Interactive Gambling (Player Protection) Act 1998. Accordingly, the bill
proposes amendments to maintain this exemption for bookmakers conducting business via internet
based technology. Amendments to the Wagering Act are required to extend the funding for the Racing
Industry Capital Development Scheme from 2014 to 2015. The scheme provides funding for priority
infrastructure upgrades at racing venues across the state of Queensland. The amendments to the
Wagering Act 1998 allow the provision of funding of $110 million for the industry from the scheme, which
fulfils the government’s election commitment.
 
In closing, the Racing and Other Legislation Amendment Bill 2012 will continue the LNP’s delivery
of our Rejuvenating Queensland Racing election policy. By introducing amendments which truly give
industry participants a greater and meaningful say in how their specific code, as well as the industry
more broadly, is run—a freedom denied to grassroots participants by the former government—we will be
in a position to deliver on our core commitment to rejuvenate racing in this state.
 
First Reading
Hon. SL DICKSON (Buderim—LNP) (Minister for National Parks, Recreation, Sport and Racing)
(12.25 pm): I move —
That the bill be now read a first time.
Question put—That the bill be now read a first time.
Motion agreed to.
Bill read a first time
 

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