Page 613 - Week 02 - Thursday, 9 March 2006

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(b) applying a territory law in relation to the operation of the applied NSW Acts, including by giving jurisdiction or functions to territory courts or entities.

61BA Accident insurance arrangements—operation

(1) To remove any doubt—

(a) under the applied NSW Acts—

(i) an ACT jockey has the same rights and obligations (including rights and obligations in relation to common law damages) in relation to an injury suffered as an ACT jockey that a NSW jockey would have under the NSW Acts in relation to an injury suffered as a NSW jockey; and

(ii) the racing club and Racing NSW have the same rights and obligations (including rights and obligations in relation to common law damages) in relation to an injury suffered as an ACT jockey that they would have under the NSW Acts in relation to an injury suffered as a NSW jockey; and

(b) the applied NSW Acts do not create any right (whether substantive or procedural) in relation to an injury suffered as an ACT jockey that a NSW jockey would not have under the NSW Acts in relation to an injury suffered as a NSW jockey; and

(c) except as provided in paragraph (1) (a) (i), an ACT jockey is not entitled to recover damages for an injury suffered as an ACT jockey; and

(d) the Limitation Act 1985 does not apply to any claim for compensation or damages by an ACT jockey that is governed by the applied NSW Acts.

(2) Subsection (1) (a) and (b) has effect subject to any regulation made for this part, including a regulation made for—

(a) excluding a provision of the applied NSW Acts; or

(b) applying a territory law in relation to the operation of the applied NSW Acts, including by giving jurisdiction or functions to territory courts or entities.

Clause 4

Proposed new section 61C (1) (a)

Page 3, line 18—

omit

jockeys in the ACT

substitute

ACT jockeys

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