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Racing Industry Bill
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Rt Hon Winston Peters
Racing Industry Bill
Government Bill
198—2
Contents
Commentary
Key
1
Title
2
Commencement
Part 1
Preliminary provisions
3
Purposes
4
Outline
5
Interpretation
5A
Application of Act to hunt clubs
6
Transitional, savings, and related provisions
7
Act binds the Crown
Part 2
Racing
Subpart 1—
Racing codes and clubs
Racing New Zealand, racing codes, and racing clubs
Racing New Zealand
7A
Racing New Zealand established
7B
Functions of Racing New Zealand
7C
Servicing and funding Racing New Zealand
7D
Delegation of powers and functions by racing codes
7E
Membership of Racing New Zealand
Racing codes
7F
Objectives of racing codes
8
Functions of racing codes
9
Racing codes must prepare statement of intent
10
Racing codes must prepare business plan
10A
Annual report
11
Racing codes must distribute funds received from TAB NZ to racing clubs
12
Ministerial powers in relation to racing codes
13
Minister may appoint Commissioner to resolve significant disagreement between racing codes
14
Levy relating to appointment of Commissioner
Racing clubs
15
Racing clubs must comply with racing rules
16
No pecuniary interest in club property
17
Restriction on dealing with racing venue
18
Restriction on dealing must be recorded on record of title
19
Racing code may determine that racing club is no longer racing
20
Racing club no longer racing may be dissolved
Subpart 2—Transfer of assets and surplus venues
21
Interpretation
Transfer of assets
22
Transfer of assets on dissolution of club
23
Transfer of assets if racing clubs combine
Transfer of surplus venues
24
Transfer of surplus venue by agreement
25
Transfer of surplus venues by Order in Council
26
Minister must have regard to certain matters and appoint reviewer before recommending order
26
Minister must have regard to certain matters before recommending order under
section 25
26A
Minister must not recommend order under
section 25
if special circumstances exist
26B
What happens if exemption from transfer to code unjustified under
section 26(3)
26C
Minister must appoint reviewer before recommending order
27
Effect of transfer of surplus venue
27A
Racing codes must prepare property investment strategy in respect of transferred assets and venues
Subpart 2A
—
Dissolution of racing clubs no longer racing
27B
Racing code may determine that racing club is no longer racing
27C
Appeal to High Court
27D
Racing club no longer racing may be dissolved
Subpart 3—Racing integrity system
Racing rules
28
Racing rules
29
Amendment of racing rules
30
Review, status, and availability of racing rules
31
Rules controlling or prohibiting admission to racecourses
32
Rules must not conflict with any Act or general law
Racing Integrity Board
33
Racing Integrity Board established
34
Objectives of Board
35
Functions and powers of Board
35
Functions and powers of Board
36
Board members
37
Funding of Board
38
Regulations relating to funding
39
Board must prepare statement of intent
40
Board must prepare business plan
40A
Annual report
41
Further provisions relating to
judicial
adjudicative
committees and appeals tribunals
Inspectors
42
Chief executive may appoint inspectors
43
Powers of inspector
44
Obstructing inspector
Part 3
TAB New Zealand
45
TAB New Zealand established
46
Governing body of TAB NZ
46A
Selection panel
47
Objectives of TAB NZ
48
Functions of TAB NZ
49
Accounts and audit
50
Performance and efficiency audit
51
TAB NZ must operate in financially responsible manner
52
TAB NZ must prepare statement of intent
53
TAB NZ must prepare business plan
54
Annual report
55
TAB NZ may maintain reserves
Racing calendar
56
Determination of racing calendar and allocation of racing dates
57
Change of racing dates, allocations, or conditions
Betting licences
58
Issue of betting licences
59
Amendment or revocation of betting licence
60
No racing on
Betting licence must not be issued for
certain days
Distribution of TAB NZ surpluses and betting profits
61
Regulations for amounts of distribution to codes
61
Amounts of distributions to codes
62
Distribution to codes
63
Regulations relating to distribution from betting profits
Miscellaneous
64
TAB NZ rules
65
TAB NZ may conduct race meetings
Part 4
Betting and TAB venues
Subpart 1—Betting
66
TAB NZ may conduct betting
67
Racing clubs may conduct equalisator betting
Racing betting
68
Racing betting rules
69
Application of revenue from racing betting
Sports betting
70
Sports betting rules
71
Agreements with
New Zealand
national sporting organisations
72
Agreements with Sport and Recreation New Zealand
73
Use of facilities
74
Application of revenue from sports betting
Other racing or sports betting
75
Rules relating to other racing or sports betting conducted by TAB NZ
General provisions
76
Deductions for totalisator betting
77
Review, status, and availability of betting rules
78
Amounts of dividends
79
Use of betting systems for gaming purposes
80
Amalgamation with overseas betting systems
81
Protection of intellectual property rights
82
Offences relating to underage betting
83
Power to require particulars
84
Betting contracts enforceable
85
Bets may be refused
Subpart 2—TAB venues
86
When territorial authority consent is required
87
Application for territorial authority consent
88
Considering and determining application for territorial authority consent
89
Territorial authority must adopt TAB venue policy
90
Adoption and review of TAB venue policy
Regulations relating to TAB NZ operations
91
Regulations relating to harm prevention and minimisation
92
Regulations relating to admission to and exclusion from TAB venues
93
Regulations relating to exclusion of problem gamblers from TAB venues and racecourses
Problem gambling levy
94
TAB NZ must pay problem gambling levy
95
TAB NZ must provide information to chief executive
Part 5
Offshore betting charges and other matters
Subpart 1—Offshore betting charges
Preliminary
96
Purpose and overview
97
Territorial scope
98
Interpretation
98A
Declaration of New Zealand sporting events
Designated authority
99
Designated authority for each scheme
99
Designated authority
99A
Functions and powers of designated authority
100
Delegation
100
Delegation
Betting information use charges
101
Requirements on offshore betting operators before using New Zealand racing and sporting information
102
Terms and conditions of betting information use agreement
103
Minister must set rates of betting information use charges
103
Penalty for using New Zealand racing and sporting information in contravention of
section 101
104
Power to enforce betting information use agreement
Consumption charges
105
Requirement to pay consumption charges
106
Minister must set rates of consumption charges
107
Information to be provided relating to consumption charges
107A
Penalties relating to consumption charges
107B
Certain offshore betting operators not liable for consumption charges
General provisions
108
Further provisions relating to setting rates of charges
109
Review of rates
110
Certain offshore betting operators not liable for charges
111
Application of money received from
offshore betting charges
consumption charges and penalties
112
Minister may grant exemptions
113
Status and publication of exemption notices
114
Penalties
115
Maximum amount of penalties
116
Recovery of outstanding charges and penalties
117
Obligation to pay penalty not suspended by review or legal proceedings
118
Appeal to District Court
Regulations
119
Regulations for offshore betting
Subpart 2—Other matters
120AA
Resolution of disputes
120
Restriction on use of certain names
121
Application of Official Information Act 1982
122
Crown not liable for debts
123
Other regulations
Consequential amendments, repeal, and revocation
124
Consequential amendments
125
Repeal and revocation
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Provisions relating to
judicial
adjudicative
committees and appeals tribunals
Schedule 3
Provisions relating to TAB NZ
Schedule 4
Provisions relating to performance and efficiency audit of TAB NZ
Schedule 5
Consequential amendments to other enactments
Legislative history
The Parliament of New Zealand enacts as follows: