(1) A racecourse operator—
(a) shall issue policies to ensure there is appropriate guidance for persons involved in horse racing and transparent decision-making relating to matters dealt with by the policies; and
(b) may make a policy when it considers it good management to have the policy.
(2) Without limiting the generality of subsection (1), a racecourse operator must make a policy—
(a) for a licensing scheme for horse racing that provides for the matters specified in Schedule 2;
(b) to govern the exercise of its integrity and disciplinary functions that—
(i) deals with the functions that relate to race stewards, drug testing and control, licensing, handicapping and horse racing appeals,
(ii) has regard to the need to minimize conflicts of interest that may arise from a person's—
(A) ownership of horses used by the racecourse operator;
(B) professional involvement in horse racing preparation;
(C) professional or commercial dealings with a person who holds a licence issued by a licensee in another jurisdiction,
(iii) provides for the making of a complaint to a licensee regarding the exercise of functions by a racing official relating to horse racing,
(iv) provides that the complaint will be investigated with due diligence unless the complaint—
(A) is frivolous, vexatious or not made in good faith;
(B) is trivial; or
(C) does not relate to the exercise of functions by a racing official in a corrupt, improper or unethical manner,
(v) if the complaint is investigated, provides for the racing official to be informed of the substance of the complaint and to be given a reasonable opportunity to respond to it,
(vi) permits a racing official who is the subject of an investigation to be required by notice in writing, to—
(A) provide the information specified in the notice and supported by a statutory declaration;
(B) produce a record specified in the notice that is considered relevant to the investigation and to permit examination of the record, the taking of extracts from the record and the making of the record;
(C) furnish authorisations and consents required for the purpose of obtaining information including financial and other confidential information from other persons concerning the person under investigation;
(vii) provides that a report in writing of the results of an investigation of a complaint must be made to the Board if the complaint relates to the conduct of horse racing or a contravention of a policy.
(Inserted by Act 18 of 2018)