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Race Fields Information Use by Non-Wagering Operators - Ministerial Orders
NSW legislation requires people or companies who Use NSW thoroughbred Race Field Information to obtain an approval from Racing NSW unless they are exempted from that requirement in accordance with the Racing Administration Regulations 2005 (NSW).

To clarify the application of these requirements and in the interests of administrative efficiency for people or companies who are not wagering operators, the Minister for Gaming and Racing , Mr Graham West MP, on the recommendation of Racing NSW has made orders granting exemptions under the legislation for people or companies who are not wagering operators and who have a written agreement with/ from Racing Australia (“RA”)  or one of RA’s authorized distributors which authorized the use of NSW Race Field Information by trainers and syndicators to provide information to the owners of horses in the field and those amongst co-owners.

The effect of these orders is that people or companies who are not wagering operators do not require a separate approval from Racing NSW in order to Use NSW Race Fields provided that they have a written agreement with RA, or one of RA’s authorized distributors, which authorizes the Use. People or companies who are not wagering operators are therefore able to deal directly with RA, or one of RA’s authorized distributors, to obtain the supply of information and associated copyright licences and do not then need to obtain separate approvals from Racing NSW under the "NSW Race Fields Legislation".

These orders DO NOT APPLY to any Use of a NSW Race Field by a wagering operator, in the course of wagering operations, or for the purpose of a wagering business conducted by a person or company making or authorizing the Use or by a close associate of such a person.

ENQUIRIES

All enquiries in the first instance should be directed to :

Licensed Wagering Operators: Kyle Bettler, Racefields & Operations Manager, Racing NSW (02) 9551 7650 rf@racingnsw.com.au

All other persons or Companies:
Chief Executive Officer
Racing Australia
Level 11, 51 Druitt St
Sydney NSW 2000
T: 02 8072 1901      E: paul.eriksson@racingaustralia.horse

WHAT IS A "NSW THOROUGHBRED RACE FIELD"?

A "NSW Thoroughbred Race Field" is any information that identifies, or is capable of identifying, the name or numbers of the horses that have been nominated for, or will take part in, a thoroughbred race to be held at a NSW thoroughbred race meeting or that have been scratched or withdrawn from a thoroughbred race to be held at a NSW thoroughbred race meeting.

ARE THERE ANY USE WHICH DO NOT REQUIRE APPROVAL FROM RACING NSW?

Exemptions have been provided for the following Use which therefore do not require approval from Racing NSW:
Controlling bodies: Use by the controlling body of any code in any Australian State or Territory or the national racing bodies for internal administrative or regulatory purposes;
Racing Clubs: Use by any Australian racing club of any code for the purposes of a race meeting (e.g. race books, administration, promotion of race meetings);
Communications amongst co-owners: Use of NSW race fields in which a horse or greyhound is entered solely between the registered co-owners of that horse or by a syndicator or syndicate manager solely to the members of the syndicate that owns the horse;
Licensed trainers: Use by a licensed trainer which are made solely to the owners of a horse trained by that trainer for the purpose of training and racing of that horse or greyhound or managing the relationship between the trainer and the owners;
Racing Australia (“RA”):  (ACN 105 994 330) in respect of Use authorized under the "Participation Agreement" dated on or about 27 November 2003 (as amended from time to time) between parties including RA and Racing NSW;
People or companies other than wagering operators with written agreements with RA or its authorized distributors: Use made by a person or company who is not a wagering operator (or using on behalf of a wagering operator) in accordance with a written agreement between the person or company making the Use and RA or one of RA’s authorized distributors. Please note, this exemption does not apply to any Use by, or on behalf of, a wagering operator or which is made for the purpose of conducting a wagering business;
News Media: Use by public news media in accordance with a contract or other arrangement with Racing NSW;
Not-for profit: Use made solely for a "not-for-profit" purpose.
All other Use of NSW thoroughbred race fields require the prior approval of Racing NSW.

Additional information is available on the Race Fields Legislation home page.