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Race Fields Legislation
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Race Fields Legislation

Updated 2 July 2008

                                                                                                      Download PDF Version of Guidelines

                                                                       Download Wagering Operator: Corporation Application

                                                                           Download Wagering Operator: Individual Application

                                                            Download Non Wagering Operators: Corporation Application

                                                              Download Non Wagering Operators: Individuals Application

Disclaimer

The information below has been prepared in good faith by GRNSW to assist potential applicants.  It is for guidance only and is not advice.  GRNSW does not guarantee that the information provided is accurate and will not be liable for errors or omissions in the information provided.   GRNSW accepts no liability for any loss or damage a person suffers because that person had directly or indirectly made decisions based on the information below.  Persons should obtain their own advice in relation to the Race Fields Legislation.

What is the Race Fields Legislation?

The Racing Legislation Amendment Act 2006 (NSW) has amended the Racing Administration Act 1998 (NSW) (The Act) to provide that a person must not publish a NSW race field, whether in NSW or otherwise, unless the person
(a) is authorised to do so by an approval granted by the relevant controlling body and that person complies with the conditions to which the approval is subject; or,
(b) is authorised to do so under the Racing Administration Amendment (Publication of Race Fields) Regulation 2008 (the Regulation).
The Act defines a NSW race field to mean information that identifies, or is capable of identifying, the names or numbers of the horses or dogs:

(a) that have been nominated for, or that will otherwise take part in, an intended race to be held at any race meeting on a licensed racecourse in NSW, or

(b) that have been scratched or withdrawn from an intended race to be held at any race meeting on a licensed racecourse in NSW.


The Act also allows the controlling body to impose a fee or series of fees as a condition of it's approval in accordance with any requirements set out in the Regulation.
This legislative package of the Act and the Regulation is commonly referred to as the Race Fields Legislation. Further details including a copy of the Act and Regulations can be obtained from www.legislation.nsw.gov.au or from the Office of Liquor, Gaming and Racing website www.olgr.nsw.gov.au


Who is GRNSW and what is its role with respect to the Race Fields Legislation?

GRNSW is a statutory body charged by the Greyhound Racing Act 2002 to represent, fund and control the commercial operations of the greyhound racing industry in NSW.

GRNSW was created with the express purpose of enabling the greyhound racing industry to take charge of its own affairs free of government intervention with the exception of strictly regulatory matters which are administered by the Greyhound and Harness Racing Regulatory Authority (GHRRA).

Under section 33A of the Act GRNSW is the relevant racing control body charged with approving applicants for the right to publish NSW greyhound race fields.  Therefore applicants wishing to publish NSW greyhound race fields must, unless exempted under the Act or Regulation, apply to and receive the prior approval of GRNSW to publish such information.

Do I need to apply for an approval from GRNSW to publish a NSW greyhound race field?

A person wishing to publish greyhound race field information must apply to GRNSW for approval to publish the same unless one of the following categories applies to their publication:

(a) a publication for a not-for-profit social purpose only (such as an office sweep or a fundraising calcutta)

(b) a publication by any of the following bodies for its internal administrative or regulatory purposes only:
i. a relevant racing control body,
ii. a body that corresponds to a relevant racing control body under the legislation of another State or Territory,
iii. the Australian Racing Board,
iv. Harness Racing Australia Inc.,
v. Greyhounds Australasia Limited

(c) a publication by the following bodies for the purposes of a race meeting (such as displays, race books for sale and information for the administration and promotion of the race meeting):
i. a New South Wales racing club that is registered with a relevant racing control body,
ii. a racing club of another State or Territory that is registered with or licensed by a body that corresponds to the relevant racing control body of the other State or Territory

(d) a publication by a public news media body in accordance with a contract or other arrangement with a relevant racing control body (or an agent for that body that manages media rights),
(e) a publication (or a publication belonging to a class of publications) authorised by the Minister, by order, on the recommendation of the relevant racing control body.

If one of the above categories applies to your publication, you are authorised to publish the race field under the Regulation and are not required to apply for approval from GRNSW.  For all other circumstances a person must make an application to GRNSW using the correct form on this website.

The Regulation commenced on 1 July 2008 and provides for a transitional period to allow the making, consideration and determination of applications.  Persons requiring approval from GRNSW who wish to publish a NSW race field after 1 September 2008 will need to have lodged an application by no later than 30 days prior to 1 September 2008.

How Do I Apply for an Approval from GRNSW to publish NSW greyhound race field information?

An application to publish NSW greyhound race fields must be made in writing on the correct application form that can be downloaded at www.grnsw.com.au .

There are four different forms of applications.  Applicants must complete only the form which relates to their circumstances as outlined below.  Note that a wagering operator includes a bookmaker, a totalisator operator and a betting exchange operator.

If the applicant is a corporation that is a wagering operator it must complete form number 1 - "Application for Authorisation to Publish NSW Greyhound Racing Fields - Wagering Operator: Corporation"

Click here to download Wagering Operator: Corporation Application.

If the applicant is an individual who is a wagering operator he/she must complete form number 2 - "Application for Authorisation to Publish NSW Greyhound Racing Fields - Wagering Operator: Individual"

Click here to download Wagering Operator: Individual Application.

If the applicant is a corporation that is not a wagering operator it must complete form number 3 - "Application for Authorisation to Publish NSW Greyhound Racing Fields - Non-Wagering Operators: Corporation"

Click here to download Non Wagering Operators: Corporation Application.

If the applicant is an individual who is not a wagering operator he/she must complete form number 4 - "Application for Authorisation to Publish NSW Greyhound Racing Fields Non-Wagering Operators: Individual.

Click here to download Non Wagering Operators: Individuals Application.

GRNSW reserves all rights to request further information from applicants in addition to that set out in the relevant application form.

How do I lodge an approval application with GRNSW to publish NSW greyhound race field information?

Application forms must be completed, signed by the relevant person(s), marked "Private and Confidential", addressed to the person and delivered to GRNSW in any one of the following methods:

Post:

Mr Brent Hogan
Chief Executive
Greyhound Racing NSW
PO Box 170
Concord West  NSW  2138

OR

Fax:

Mr Brent Hogan
Chief Executive
Greyhound Racing NSW
+61 2 9764 6244

OR

In Person:

Mr Brent Hogan
Chief Executive
Greyhound Racing NSW
Quad 2 Level 2
8 Parkview Drive
Homebush Bay  NSW  2138

In addition to delivery by any one of the above methods, GRNSW also requests that an electronic copy of the completed application be sent by email to Mr. Brent Hogan at bhogan@grnsw.com.au

Applications by Wagering Operators - information relating to Key Employees and Close Associates

Applications by wagering operators must include information relating to Key Employees and Close Associates, as defined in the Regulation.  The Application form has a separate section relating to this which must be completed in relation to all Key Employees and Close Associates.

How far in advance do I need to lodge an approval application with GRNSW?

The Regulation requires that an approval application is to be made at least 30 days before the race to which the approval relates (or if the approval relates to a class of races, the first race belonging to that class) is to take place.  See comments above in relation to the transitional period.

Fee and Cost Conditions

Under the Act and Regulation, GRNSW may impose a condition on its approval that the holder of the approval must pay a fee in relation to a publication of a NSW greyhound race field.

With respect to publications in Australia by Australian licensed wagering operators, the Regulation currently prescribes that the fee is not to exceed 1.5% of the approval holder’s wagering turnover that relates to the race(s) or class of races covered by the approval. 

With respect to any other publication of a NSW greyhound race field, the Regulation currently provides that the fee will be as determined by GRNSW.

In addition to the above GRNSW may also impose a condition on the approval that the holder of an approval pay a fee to cover GRNSW's costs of assessing the application for the approval.

Other Conditions

In addition to fee and cost conditions, the Act and Regulation authorize GRNSW to impose other conditions on its approval of the kind set out in the Regulation.

Notification of Approval or Rejection of Application

GRNSW will notify applicants in writing as to any approval or rejection of their application at the address set out in their application.

Can I appeal a determination of GRNSW?

Section 33D of the Act provides that a person may appeal to the Minister against a decision of GRNSW to:
(a) reject an application for a race field publication approval;
(b) a decision to impose a condition on a race field publication approval other than a condition relating to the payment of a fee;
(c) a decision to cancel a race field publication approval or a decision to vary any term of a race field publication approval.

For further details about appeal rights please see the Act at either www.legislation.nsw.gov.au or from the Office of Liquor, Gaming and Racing website at www.olgr.nsw.gov.au

Can my approval to publish NSW be cancelled or varied by GRNSW?

GRNSW may, by written notice to the holder of the approval, cancel or vary the terms of the approval on any ground prescribed by the Regulation.  Currently these include:

(a) the approval holder has breached a condition of the approval

(b) there has been a change in the persons that have a controlling interest in the approval holder

(c) the approval holder or a key employee of the approval holder has been convicted of an offence whether in NSW or elsewhere

(d) disciplinary action has been taken against the approval holder or a key employee of the approval holder under any legislation or any rules of racing or betting whether in NSW or elsewhere

(e) the approval holder has employed or engaged a person as a key employee who has a criminal record or has been the subject of disciplinary action under any legislation or any rules of racing or betting whether in NSW or elsewhere.

Without limiting the above GRNSW may also, by written notice to the approval holder, vary the terms of the approval if there is a change in the financial circumstances of the approval holder (such as a significant improvement in the wagering turnover of the holder or the insolvency of the holder)

Further Information Regarding Applications

If an applicant wishes to clarify any matter with respect to the application, the applicant should contact GRNSW Chief Executive, Brent Hogan, by telephone (02) 9764 6255 or email bhogan@grnsw.com.au


 

 

 

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