5. Proceeds of race meetings on Anzac Day to be paid to Trust
(1) The person or racing club by or on behalf of whom or which a race meeting is held or conducted on Anzac Day shall within one month after that race meeting is held or conducted ¾
(a) furnish to the Trust a return in the prescribed form setting out details of all moneys received and expenditure incurred in relation to the holding or conducting of that race meeting and the return shall be verified by a statutory declaration made by that person or by the secretary or treasurer of that racing club; and
(b) pay to the Trust ¾
(i) in the case of a race meeting held in the metropolitan area, the whole of the net proceeds derived from that race meeting; or
(ii) in the case of a race meeting held outside the metropolitan area, 60% of the net proceeds derived from that race meeting.
(2) If the person or racing club by or on behalf of whom or which a race meeting is held on Anzac Day fails to furnish the return required under the provisions of subsection (1), or to pay to the Trust the net proceeds derived from the race meeting in accordance with that subsection, that person or racing club, and each member of the managing body or committee of that racing club, commits an offence and is liable to a penalty not exceeding $400.
(3) In this section ¾
}metropolitan area~ means the part of the State that comprises the region described in the Third Schedule to the Metropolitan Region Town Planning Scheme Act 1959.
(4) When 25 April in any year falls on a Sunday each of the references in subsections (1) and (2) to Anzac Day shall, in and in relation to that year, be construed as a reference to the next following Monday and to that day only.
[Section 5 amended by No. 14 of 1964 s. 3; No. 113 of 1965 s. 8(1); No. 1 of 1976 s. 2; No. 35 of 2003 s. 73(4).]