This section establishes Racing New Zealand—

The functions of Racing New Zealand are—

Administrative services for Racing New Zealand must be provided by the racing codes.

The services must be provided—

The operations of Racing New Zealand must be funded by the racing codes, in a manner determined by agreement between the codes.

The racing codes (acting jointly) A racing code may delegate in writing any of their its functions or powers that can be performed or exercised collectively under this Act to Racing New Zealand.

A delegation under this section—

Racing New Zealand must not delegate any power or function delegated to it by the racing codes function or power delegated to it under this section to any other person or organisation.

The board of Racing New Zealand comprises—

A member holds office for a term not exceeding 3 years specified in their notice of appointment and may be reappointed for a further term not exceeding 3 years.

A member continues in office despite the expiry of their term until—

A member may at any time—

Except as provided in this section, the board may regulate its own procedures.

The objectives of each racing code are to develop and promote racing conducted by the code.

The functions of each racing code are—

Each racing code has and may exercise all the powers that may be reasonably necessary for carrying out its functions.

In carrying out its functions, each racing code must—

Before the start of a racing year, each racing code must prepare and provide to the Minister a statement of intent relating to that year and to each of the 2 subsequent racing years.

The proposed statement of intent must set out, for each racing year to which it relates,—

In preparing its statement of intent, each racing code must consult racing clubs registered with the code.

Each racing code must publish a copy of its statement of intent on an Internet site maintained by or on behalf of the code.

Before the start of a racing year, each racing code must prepare a business plan relating to that racing year.

Each racing code must publish a copy of its business plan on an Internet site maintained by or on behalf of the code.

Each racing code must, as soon as practicable after the end of each racing year, provide the Minister with an annual report on its operations and performance during that year.

The annual report must include—

The Minister must present a copy of the annual report and financial statements to the House of Representatives as soon as practicable after receiving the report and statements.

Each racing code is responsible for distributing among the racing clubs registered with the code the amounts received by it from TAB NZ under section 62.

Each racing code must decide how much of any amount referred to in subsection (1) must be distributed among the racing clubs registered with it and the apportionment of that amount among those clubs.

A member of a racing club must not have any pecuniary interest, in their capacity as a member, in the property of the club.

Despite any provision to the contrary in a racing club’s constitution, the racing club must obtain the written approval of the racing code with which it is registered before—

A racing code may grant approval under subsection (1) generally or specifically and subject to any conditions that the code thinks fit.

The Governor-General may, by Order in Council made on the recommendation of the Minister, specify the date on which the restriction set out in subsection (1) ceases to apply to racing clubs registered with the relevant racing code.

This section applies in respect of any land comprising a racing venue to which section 17 applies.

The Registrar-General must, as soon as practicable after receiving notification from the relevant racing code, record on or remove from the record of title for the land that it is subject to section 17(1).

In this subpart, unless the context otherwise requires,—

This section applies if a racing club is dissolved by any means (including under section 27D(3)).

Subject to section 23, the assets of the racing club remaining after all creditors’ claims on the club have been satisfied vest in the racing code with which the club was registered.

The code must consider whether any action (for example, a payment) is warranted to recognise the community interest (if any) in any racing venue or venues of the racing club that are vested in the code.

This section applies if 2 or more racing clubs propose to combine to form 1 club.

The assets of any club that proposes to dissolve as a result of that combination may, with the approval of the racing code with which it is registered, be transferred to the club with which it proposes to combine.

A racing club may, by written agreement with the racing code with which it is registered, transfer a surplus venue owned by the racing club to that code.

To the extent that an agreement entered into under subsection (1) is inconsistent with the provisions or requirements (if any) of the racing club’s constitution, the agreement prevails.

When conducting negotiations for the transfer of a surplus venue, the racing code and racing club must comply with the prescribed process or criteria (if any) in relation to the transfer of surplus venues under this subpart.

This section applies if a racing code has made a reasonable attempt to negotiate the transfer of a surplus venue owned by a racing club (or clubs) to the code by agreement but—

The Governor-General may, by Order in Council made on the recommendation of the Minister,—

A transfer proposal referred to in subsection (2) may be prepared by the code on its own initiative or at the request of the Minister.

The transfer proposal must—

If the transfer proposal is approved under subsection (2),—

The proceeds of the sale of a surplus venue vested in a racing code under subsection (5) must only be used to upgrade repair, upgrade, or construct another racing venue located in the same region of New Zealand as the venue vested in the racing code unless the code is satisfied that no further racing venues need to be constructed in that region or any existing racing venues in that region do not need repair or upgrading in the foreseeable future.

The Governor-General may, by Order in Council made on the recommendation of the Minister, approve an amendment to a transfer proposal approved under subsection (2) and, if approved, the amendment takes effect on a date specified in the order (which may be the transfer date or any later date).

An Order in Council made under this section must identify the transfer proposal or amendment approved, but need not incorporate it in the order.

In determining whether to recommend the making of an order under section 25, the Minister must—

The matters are—

If it is not appropriate for negotiations to be resumed for the transfer of the surplus venue by agreement, the Minister must then decide whether there are special circumstances regarding the use, or potential use, of the surplus venue by the community in which the surplus venue is located that justify exempting the surplus venue from the application of section 25 and for the purpose of making that decision the Minister must take into account the following:

If, having considered the matters in section 26(3), the Minister considers that special circumstances exist regarding the use, or potential use, of the surplus venue by the community in which the surplus venue is located, the Minister must not recommend the making of an order under section 25.

If the Minister considers there is inadequate justification under section 26(3) to exempt the surplus venue from the application of section 25, the Minister must then decide whether, and if so how, the surplus venue should be transferred to the code, and for the purpose of making that decision the Minister must have regard to the following:

In addition, before considering the matters in section 26 or determining whether to recommend the making of an order under section 25(2), the Minister must—

In making an appointment under subsection (1), the Minister must have regard to the need for the reviewer to have the appropriate knowledge, skills, and experience to conduct the review, including (without limitation) in relation to—

If the reviewer has a conflict of interest or potential conflict of interest (whether direct or indirect) that affects, or may affect, the proper and impartial discharge of the reviewer’s functions under this section, the reviewer—

In carrying out a review, the reviewer must—

If the reviewer recommends that any transfer proposal be approved (either with or without modification), the reviewer must advise the Minister about whether any payment referred to in section 25(4)(c)(i) or (ii) should be made by the code on the transfer and for that purpose must consider—

The costs of a review carried out under this section—

This section applies to a transfer proposal approved by Order in Council made under section 25 and the transfer of a surplus venue under that proposal in accordance with that section.

The transfer is not affected by, and may proceed regardless of, any requirements for additional consents under any enactment or agreement.

The transfer proposal may provide that the racing club is to transfer the surplus venue to the racing code without receiving in return any, or an equivalent, asset.

Any trusts applying to the surplus venue are extinguished on the transfer date.

The transfer proposal may impose restrictions on, or requirements relating to, the use of the surplus venue or on the use of proceeds from any sale of the surplus venue (for example, requiring the proceeds to be used for the purposes of developing or maintaining other racing venues).

Subsection (7) applies to a surplus venue vested under this subpart, but only to the extent that the surplus venue is all of the land contained in a record of title for a fee simple estate.

The Registrar-General must, on written application by a person authorised by the Minister,—

Subsection (9) applies to a surplus venue vested under this subpart, but only to the extent that subsection (6) does not apply to the venue.

The Registrar-General must, in accordance with a written application by a person authorised by the Minister and on payment of the prescribed fee (if any)—

Subsection (9) is subject to the completion of any survey necessary to create a record of title.

A record of title must be created under subsection (9) as soon as is reasonably practicable after the transfer date.

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

Without limiting any other provision of this subpart, the transfer of the surplus venue must not be regarded as placing the racing club or the racing code, or any of its officers, employees, or agents, in breach of any Act, rule of law, or agreement that would otherwise apply.

Nothing effected or authorised by section 25—

This section applies while a racing code holds owns any assets or surplus venues that have been transferred to the code in accordance with this subpart.

The racing code must prepare and maintain a property investment strategy that states how the code proposes to manage those assets or surplus venues, including (without limitation) the code’s priorities regarding the refurbishment of retained venues owned by racing clubs registered with the code.

The racing code must publish a copy of the strategy on an Internet site maintained by or on behalf of the code.

Subject to subsection (4), a racing code may make a determination that a racing club registered or previously registered with the code is no longer racing for the purposes of this Act if—

Before making a determination under subsection (1), the racing code must—

After complying with subsection (2), the racing code must—

A racing code may not make a determination under this section in respect of a racing club whose racing venue is the subject of—

A racing club may appeal to the High Court no later than 20 working days, or any further period that the court may allow, after receiving written notice of a determination under section 27B(3) that the club is no longer racing.

The determination against which an appeal is lodged remains valid pending the determination of the appeal unless the court orders otherwise.

On appeal, the court may—

This section applies if a racing code makes a final determination under section 27B(3) that a racing club is no longer racing.

The racing code may notify the Registrar that the club is no longer carrying out its operations and request that the Registrar exercise the Registrar’s powers to dissolve the racing club under section 28(1)(a) of the Incorporated Societies Act 1908 or section 26(1)(a) of the Charitable Trusts Act 1957 (as the case may be).

If the Registrar receives a notification under subsection (2), the Registrar must make a declaration of dissolution in respect of the club.

Each racing code must make, and maintain in force, rules regulating the conduct of racing by the code.

In making rules under subsection (1), each racing code must consult TAB NZ and the Racing Integrity Board.

In addition, the Racing Integrity Board must approve any rules made by a racing code under subsection (1) that relate to, or impact on, the affect the compliance or adjudication functions of the Board set out in section 35(1)(a) to (f).

However, if there is a commercial agreement between each racing code or all racing codes and TAB NZ that provides for the involvement of TAB NZ in making racing rules,—

Without limiting subsection (1), the racing rules may provide for—

Each racing club and participant registered with the racing code must comply with racing rules made by the code.

Each racing club and participant must comply with relevant racing rules.

A racing code must, before amending its racing rules, consult TAB NZ and the Racing Integrity Board regarding the proposed amendments.

In addition, the Racing Integrity Board must approve any amendments to racing rules made under subsection (1) that affect the compliance or adjudication functions of the Board set out in section 35(1)(a) to (f).

As soon as practicable after amending its racing rules, a racing code must send a copy of the amended rules to TAB NZ and the Racing Integrity Board.

As soon as practicable after making or amending any racing rules, each racing code must send a copy of the rules or the amended rules to the Minister.

Rules made under section 28 must be published on an Internet site maintained by or on behalf of the relevant racing code.

Racing rules made under section 28—

This section applies to any racecourse on a day during which racing is being held on that racecourse, whether or not it is, or forms part of, a reserve or other place for which there exists a right of public use or entry.

Subject to any enactment and the general law of New Zealand, racing rules may include separate rules controlling or prohibiting the admission of persons to any racecourse used by racing clubs registered with the racing code that made the rules.

The rules may exclude any specified class (or classes) of persons from entering a racecourse, either absolutely or subject to any special conditions that may be set out in the rules.

However, subsection (3) applies only to the extent that it is reasonably necessary for the purpose of maintaining public confidence in—

Rules made under this section do not come into force until they have been approved by the Minister and published on an Internet site maintained by or on behalf of the relevant racing code.

A person who breaches any rule made under this section may be removed from the racecourse by any of the following persons:

A provision of any racing rules that conflicts with any provision of this Act, any other Act, or the general law of New Zealand is invalid.

However, racing rules may provide for the appointment of inspectors, in addition to those appointed under section 42.

This section establishes the Racing Integrity Board (the Board).

The objectives of the Board are to promote, and ensure compliance with, high standards of animal welfare, integrity, and professionalism by participants in the racing industry for the benefit of the public, participants, and the racing industry as a whole.

The functions of the Board are—

Compliance

Adjudication

Other

The Board must ensure, as appropriate, that its compliance functions and adjudication functions are performed independently of each other.

The Board, and any persons employed or appointed by the Board to carry out its functions, have and may exercise all the powers that may be reasonably necessary for the purposes of carrying out those functions.

The Board consists of up to 5 members appointed by the Minister after considering nominations from each of the racing codes and TAB NZ.

An appointment must be made by written notice to the person concerned.

The Minister must appoint a chairperson from among the members.

In appointing members, the Minister must have regard to the need for the Board to have available to it, collectively, from its members, knowledge of, or experience in,—

In performing the functions and duties and exercising the powers of the Board, each board member must act in the best interests of the racing industry.

TAB NZ must, in each racing year, provide an amount of funding approved by the Minister to enable the Board to perform its functions under this Act efficiently and effectively.

For the purposes of subsection (1), the Board must prepare a budget in accordance with its business plan for approval by the Minister.

Before providing the budget to the Minister, the Board must—

Before the start of a racing year, the Board must prepare and provide the Minister with a statement of intent relating to that year and to each of the 2 subsequent racing years.

The statement of intent must set out, for each racing year to which it relates,—

Before providing a statement of intent to the Minister, the Board must consult each of the racing codes and TAB NZ.

The Minister must present a copy of the statement of intent to the House of Representatives as soon as practicable after receiving the statement.

Before the start of a racing year, the Board must prepare a business plan relating to that racing year.

The Board must consult each racing code and TAB NZ in respect of its business plan.

The Board must publish a copy of its business plan on an Internet site maintained by or on behalf of the Board.

The Board must, as soon as practicable after the end of each racing year, provide the Minister with an annual report on its proceedings and operations during that year.

The annual report must include—

The Minister must present a copy of the annual report and financial statements to the House of Representatives as soon as practicable after receiving the report and statements.

Schedule 2 contains further provisions relating to adjudicative committees and appeals tribunals appointed by the Board.

The chief executive may appoint, on the terms and conditions that the chief executive thinks fit, persons (inspectors) to inspect racecourses and premises of TAB NZ for the purpose of ascertaining whether betting licences and betting rules are being complied with.

The production by an inspector of a written authority purporting to have been issued under this section is, in the absence of proof to the contrary, sufficient evidence that it has been issued by the chief executive.

An inspector has the right to enter, at all reasonable times and without charge, any racecourse or premises of TAB NZ.

An inspector—

An officer or employee of a racing club or TAB NZ who is required under subsection (2)(a) to provide information must provide that information within 28 days.

An inspector exercising any power under this section must produce evidence of the inspector’s authority to act as an inspector immediately on request by any person to do so.

Every person has the same privileges and immunities as witnesses have in a court of law in relation to—

A person commits an offence if the person—

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.

TAB NZ may conduct, either by itself or by means of racing clubs or other agents appointed by TAB NZ for the purpose,—

A racing club that has a betting licence may conduct equalisator betting on races held by it on the date to which the licence relates and on the terms and conditions set out in the licence.

A racing club may deduct from the bets made by way of equalisator betting, after first making any refunds of bets, an amount not exceeding 15% as commission for the club.

Except as provided in rules made under section 68 stating the denomination to which dividends are to be rounded and paid out, a racing club must declare and pay out as dividends all money received by way of equalisator betting, after deducting all refunds of bets and the commission authorised by subsection (2).

A racing club, or member, officer, agent, or employee of a racing club commits an offence if the person knowingly makes, authorises, or permits any payment from money received by way of equalisator betting except in accordance with subsection (2) or (3).

A person who commits an offence against subsection (4) is liable on conviction,—

TAB NZ may, by notice in the Gazette, make, amend, and revoke rules providing for the establishment of a system (or systems) of racing betting, and providing for any matter relating to the conduct and operation of racing betting by TAB NZ.

TAB NZ must consult each racing code and the Racing Integrity Board before making, amending, or revoking rules under subsection (1).

However, subsection (1A) requires consultation between TAB NZ and a racing code about the making of rules under subsection (1) only if there is no provision in any commercial agreement between TAB NZ and that racing code, or all racing codes, providing for consultation by TAB NZ with that racing code, or all racing codes, about the making, amending, and revocation of rules under subsection (1).

Without limiting subsection (1), the rules—

Rules made by TAB NZ under this section may provide that, if there is racing betting on a race, bets may be placed up to 20 seconds after the race starts.

TAB NZ must consult each racing code and the Racing Integrity Board before making, amending, or revoking rules under this section.

However, subsection (4) does not apply if TAB NZ and a racing code or the Racing Integrity Board (as the case may be) agree otherwise in any particular case.

TAB NZ must apply the amounts received by it for racing betting, including the net return from bets laid off under any rule in force under section 68(2)(b)(ii), for a racing year in payment of (or in respect of)—

The surplus, if any, of the amounts received by it for racing betting that remains after making the payments referred to in subsection (1) must be applied by TAB NZ in accordance with sections 55, 61, and 62.

TAB NZ may, by notice in the Gazette, make, amend, and revoke rules providing for the establishment of a system (or systems) of sports betting, and providing for any matter relating to the conduct and operation of sports betting by TAB NZ.

Without limiting subsection (1), the rules—

TAB NZ must consult Sport and Recreation New Zealand before making, amending, or revoking any rules under subsection (1).

However, subsection (3) does not apply if TAB NZ and Sport and Recreation New Zealand agree otherwise in any particular case.

TAB NZ may not conduct sports betting on any sporting event or events without the written agreement of the appropriate New Zealand national sporting organisation.

An agreement entered into under subsection (1) must be on the terms and conditions that are agreed between TAB NZ and the New Zealand national sporting organisation concerned, including payment to the sporting organisation, under section 74(1)(e), of revenue derived from sports betting on the event or events to which the agreement relates.

This section applies if, in relation to a sport involving human competitors participating in lawful organised games, competitions, or other events held in or outside New Zealand, there is no appropriate New Zealand national sporting organisation—

Despite section 71(1), TAB NZ may conduct sports betting on any event held in relation to the sport concerned if it has entered into a sports betting agreement with Sport and Recreation New Zealand that complies with subsection (3).

A sports betting agreement must be on the terms and conditions agreed between the parties, including (without limitation) as to payment to Sport and Recreation New Zealand, under section 74(1)(e), of revenue from sports betting on the event or events to which the agreement relates.

For the purposes of operating a sports betting system, TAB NZ may—

Subsection (1) does not limit section 45(2).

TAB must apply the amounts received by it for sports betting, including the net return from bets laid off under section 70(2)(b)(ii), for a racing year in payment of (or in respect of)—

The surplus, if any, of the amounts received by it for sports betting that remains after making the payments referred to in subsection (1) must be applied by TAB NZ in accordance with sections 55, 61, and 62.

TAB NZ may make rules not inconsistent with this Act for, or with respect to, the conduct and operation of other racing or sports betting it conducts.

The rules must be approved by the Gambling Commission.

Any rules made under this section take effect on and after the date of their notification in the Gazette, or any later date that is specified in the rules.

Before making any rules under this section, TAB NZ must consult—

Before approving any rules made under this section, the Gambling Commission must have regard to—

A rule approved under this section must be treated as if it were a racing betting rule made under section 68 or a sports betting rule made under section 70 (as the case may be) and the provisions of this Act that apply to those rules apply to it accordingly.

For the purposes of determining winning dividends for totalisator racing betting, racing betting rules made under section 68 must state, by way of a percentage of the amount bet, the total of the amounts referred to in section 69 for each form of betting.

For the purposes of determining winning dividends for totalisator sports betting, sports betting rules made under section 70 must state, by way of a percentage of the amount bet, the total of the amounts referred to in section 74 for each form of betting.

Before TAB NZ determines for the first time or increases any of the percentages required to be stated in the rules by subsection (1), TAB NZ must give reasonable notice of the proposed percentages to every recognised industry organisation.

Before TAB NZ determines for the first time or increases any of the percentages required to be stated in the rules by subsection (2), TAB NZ must give reasonable notice of the proposed percentages to every recognised industry organisation and the relevant New Zealand national sporting organisations.

If TAB NZ decides to decrease any of the percentages required to be stated in the rules by subsections (1) and (2), it is not necessary for TAB NZ to amend any rule to reflect the decrease if the decrease is—

As soon as practicable after making or amending any betting rules under this subpart, TAB NZ must send a copy of the rules or amended rules to the Minister.

Rules made under section 68 or 70 are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Rules made under section 68 or 70 must be notified in the Gazette, and come into force on the date specified for the purpose in the rules (which must not be earlier than the date of their notification) or, if no date is specified, on the date of notification.

TAB NZ must publish a copy of any betting rules (or amended rules) made under this subpart on an Internet site maintained by or on behalf of TAB NZ.

Except in any circumstances that TAB NZ may specify by notice in the Gazette, TAB NZ must not pay out by way of dividend an amount less than the amount invested for any bet on which a dividend is payable.

Rules made under section 68 or 70 must state the denomination to which dividends will be rounded and paid out by TAB NZ or, in the case of equalisator betting, a racing club.

All amounts not payable as part of a dividend because of rounding in accordance with rules made under section 68 or 70 may be retained by TAB NZ, or the racing club conducting equalisator betting, and must be regarded for all purposes as part of TAB NZ’s or the racing club’s funds.

TAB NZ may operate a totalisator, or any other betting system for the time being authorised under this Act, for the purpose of, or in conjunction with, class 3 gambling conducted by a society that holds a licence under section 37 of the Gambling Act 2003.

The operation of a totalisator or other betting system under subsection (1) is subject to the provisions of the Gambling Act 2003, and to all the game rules and conditions of the licence that apply to the class 3 gambling for which the operation is being carried out.

Despite the Gambling Act 2003, TAB NZ may pay its employees for operating, or assisting in the operation of, a totalisator or other betting system, but the payment (or any part of it) may not be charged to, or be recoverable from, the society on whose behalf the operation is carried out.

TAB NZ is authorised to amalgamate the amount available for an event or events for which racing betting or sports betting is authorised under this Act with amounts available from overseas betting systems to form a combined dividend pool.

A person commits an offence if the person,—

A member, officer, agent or employee of a racing club, or of TAB NZ, or of an agent of TAB NZ, commits an offence if the person—

It is a defence to a charge under subsection (2)(a) or (b) if the defendant proves that the defendant had reasonable grounds to believe the person to whom the charge relates was 18 years or over.

Without limiting subsection (3), reasonable grounds exist if the defendant proves that the defendant had sighted an evidence of age document of the person to whom the charge relates, indicating that the person was 18 years or over.

A person who commits an offence against this section is liable on conviction to,—

If any constable, or any member, officer, agent, or employee of a racing club, or of TAB NZ, or of an agent of TAB NZ (as the case may be) has reasonable grounds to believe that a person has committed, is committing, or is attempting to commit an offence under section 82(1)(a), they may demand from that person an evidence of age document verifying the person’s age.

A person commits an offence and is liable on conviction to a fine not exceeding $500 if the person, being required under subsection (1) to give information regarding their age, fails to give that information, or supplies any false information relating to their age.

Betting contracts authorised by or under this Act are enforceable at law.

TAB NZ or any racing club may refuse to accept all or any part of a bet without giving any reason for doing so.

A territorial authority consent is required if TAB NZ proposes to establish a TAB venue.

An application for a territorial authority consent must be made to the territorial authority for the district in which the TAB venue will be located.

The application must be accompanied by the information required by the territorial authority to enable it to consider the application properly.

A territorial authority must—

The territorial authority must notify TAB NZ and the chief executive of its determination within 30 working days after the later of—

A territorial authority must not consider an application for territorial authority consent before it has a TAB venue policy.

A territorial authority must adopt a policy on TAB venues.

In adopting a policy, the territorial authority must have regard to the social impact of gambling within the territorial authority district.

The policy must specify whether or not new TAB venues may be established in the territorial authority district and, if so, where they may be located.

In determining its policy on whether TAB venues may be established in the territorial district and where any TAB venues may be located, the territorial authority may have regard to any relevant matters, including—

A policy on TAB venues under section 89 must be adopted in accordance with the special consultative procedure set out in section 83 of the Local Government Act 2002.

A policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.

A territorial authority must, as soon as practicable after adopting, amending, or replacing a policy on TAB venues, provide a copy of the policy to TAB NZ and the chief executive.

A territorial authority must complete a review of a policy within 3 years after the policy is adopted and then within 3 years after that review and each subsequent review is completed.

A policy does not cease to have effect because it is due for review or is being reviewed.

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

The Governor-General may, by Order in Council, make regulations controlling or prohibiting admission to TAB venues.

The regulations may exclude from a TAB venue any specified class or classes of person, either absolutely or subject to any special conditions that may be specified in the regulations.

A person who enters, or remains in, a TAB venue in breach of a regulation made under this section must be treated as having committed an offence under section 4 of the Trespass Act 1980 and is liable accordingly.

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

Regulations made under subsection (1) must—