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TASMANIA
__________
RACING REGULATION AMENDMENT (TRAB)
BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Part 3: Heading amended
5. Section 23 amended (Tasmanian Racing Appeal Board (TRAB))
6. Section 24 amended (Delegation by chairperson)
7. Section 25 substituted
25. Role of deputy chairperson
8. Section 27 inserted
27. Consultation with racing industry
9. Section 28 amended (Persons may appeal to TRAB about certain
matters)
10. Section 30 amended (Hearing of appeals)
11. Section 31 amended (Constitution of TRAB for appeals, &c.)
12. Section 33 substituted
33. Suspension of penalties pending appeals
13. Section 34 amended (Determination of appeals)
14. Section 34A inserted
34A. Appeals lodged before commencement of Racing
Regulation Amendment (TRAB) Act 2009
15. Repeal of Act
[Bill 84]-I
2
RACING REGULATION AMENDMENT (TRAB)
BILL 2009
(Brought in by the Minister for Police and Emergency
Management, the Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Racing Regulation Act 2004
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Racing Regulation
Amendment (TRAB) Act 2009.
2. Commencement
This Act commences on 1 January 2010.
3. Principal Act
In this Act, the Racing Regulation Act 2004* is
referred to as the Principal Act.
*No. 62 of 2004
[Bill 84] 3
Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 4
4. Part 3: Heading amended
Part 3 of the Principal Act is amended by
omitting "TASMANIAN RACING BOARD"
from the heading to that Part and substituting
"TASRACING".
5. Section 23 amended (Tasmanian Racing Appeal
Board (TRAB))
Section 23 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "8" and
substituting "6";
(b) by omitting from subsection (3) "2" and
substituting "3";
(c) by omitting from subsection (3) "another
such member is to be appointed as
deputy chairperson" and substituting "the
other 2 such members are to be appointed
as deputy chairpersons";
(d) by omitting from subsection (4) "deputy
chairperson" and substituting "deputy
chairpersons";
(e) by inserting the following subsections
after subsection (7):
(8) Notwithstanding clause 5(4) of
Schedule 3B, on the
commencement of the Racing
Regulation Amendment (TRAB)
4
Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 6
Act 2009, the office of 3 members
of the TRAB cease to exist.
(9) The members referred to in
subsection (8) are to be
nominated by the Minister on the
advice of the chairperson.
(10) A person is not entitled to any
compensation or payment in
respect of his or her office
ceasing to exist.
6. Section 24 amended (Delegation by chairperson)
Section 24 of the Principal Act is amended by
omitting "the deputy chairperson" and
substituting "a deputy chairperson".
7. Section 25 substituted
Section 25 of the Principal Act is repealed and
the following section is substituted:
25. Role of deputy chairperson
(1) A deputy chairperson assists the
chairperson in the performance of the
chairperson's functions.
(2) If the chairperson is absent, a deputy
chairperson nominated by the
chairperson is to act as chairperson
during that absence and, where so acting,
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Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 8
may perform the functions and exercise
the powers of the chairperson as fully
and effectively as the chairperson.
(3) If the office of chairperson is vacant, a
deputy chairperson nominated by the
Minister is to act as chairperson during
the vacancy and, while so acting, may
perform the functions and exercise the
powers of the chairperson as fully and
effectively as the chairperson.
8. Section 27 inserted
After section 26 of the Principal Act, the
following section is inserted in Part 5:
27. Consultation with racing industry
The chairperson and deputy chairpersons
are to consult with the chairpersons of
racing industry associations and racing
clubs, the Director and the 3 chairmen of
stewards on at least 2 occasions in a year.
9. Section 28 amended (Persons may appeal to TRAB
about certain matters)
Section 28 of the Principal Act is amended as
follows:
(a) by omitting subsections (3) and (4) and
substituting the following subsections:
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Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 10
(3) If a person has a right of appeal
under this section against a
decision of Tasracing or a
registered club, no appeal against
that decision lies to Tasracing or
that club, as the case may be.
(4) If a person has a right of appeal
under this section against a
stewards' decision, no appeal
against that decision lies to
Tasracing or a registered club.
(b) by omitting from subsection (5)(b)
"club." and substituting "registered club;
or";
(c) by inserting the following paragraph after
paragraph (b) in subsection (5):
(c) the constitution of Tasracing.
10. Section 30 amended (Hearing of appeals)
Section 30 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)
"appeal." and substituting "appeal; and";
(b) by inserting the following paragraphs
after paragraph (c) in subsection (1):
(d) give the parties to the appeal, as
soon as practicable, a copy of the
transcript of the proceedings at
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Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 10
which the decision that is the
object of the appeal was made;
and
(e) give the appellant, as soon as
practicable, a copy of the race
patrol film relating to the matter
that is the object of the appeal.
(c) by inserting the following subsection
after subsection (1):
(1A) For the purposes of
subsection (1), the chairperson is
to make every endeavour to
ensure that -
(a) a minor appeal is heard
within 7 days of lodgment
of the appeal; and
(b) any other appeal is heard
within 21 days of the
lodgment of the appeal.
(d) by inserting the following paragraph after
paragraph (a) in subsection (6):
(ab) is to act according to equity, good
conscience and the substantial
merits of the case; and
(e) by inserting the following subsections
after subsection (6):
8
Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 10
(6A) At any appeal proceedings the
presiding member is to determine
any question relating to -
(a) the jurisdiction of the
TRAB; and
(b) the admissibility of
evidence; and
(c) law or procedure.
(6B) An appeal is to be heard and
determined upon the evidence at
the original hearing when the
decision or finding appealed
against was made, but, if the
presiding member considers it to
be proper, expert or other
evidence may be required or
admitted.
(6C) The TRAB -
(a) is to make a full and
thorough investigation in
open court, without regard
to the forms, requirements
or solemnities that might
have been appropriate in
legal proceedings; and
(b) may inform itself on any
matter in such manner as
it thinks fit, and admit any
evidence considered by
the presiding member to
9
Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 10
be relevant
notwithstanding that that
evidence would not be
admissible in a court of
law; and
(c) may take into account any
matters relating to, or to
the administration of,
racing that are within the
knowledge or experience
of a member of the TRAB
or which have arisen in or
as a result of other
proceedings or appeals
before the TRAB.
(6D) Notwithstanding
subsection (6C)(a) the TRAB
may hear evidence in camera.
(f) by inserting in subsection (10) "with
appropriate expertise or skills" after
"person";
(g) by inserting the following subsection
after subsection (10):
(11) In this section -
"race patrol film" means a
visual recording of a
horse or greyhound race
used by stewards in
determining a matter
under the Rules of
Racing.
10
Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 11
11. Section 31 amended (Constitution of TRAB for
appeals, &c.)
Section 31 of the Principal Act is amended as
follows:
(a) by omitting paragraph (b) from
subsection (2) and substituting the
following paragraph:
(b) for any other appeal, the
chairperson or a deputy
chairperson is to be chosen as
such a member.
(b) by omitting subsection (4) and
substituting the following subsection:
(4) If the chairperson is not present at
a hearing of the TRAB, a deputy
chairperson is to preside at the
hearing.
12. Section 33 substituted
Section 33 of the Principal Act is repealed and
the following section is substituted:
33. Suspension of penalties pending appeals
(1) The chairperson, on the request of the
appellant, may, unconditionally or on
such conditions as he or she thinks fit,
suspend the operation of a penalty
pending the hearing and determination of
an appeal.
11
Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 13
(2) The chairperson must not suspend the
operation of a penalty under
subsection (1) if -
(a) the appeal is in relation to the
penalty only; or
(b) the appeal is intended to be heard
within 7 days of lodgment, unless
the chairperson considers that
extenuating circumstances require
otherwise; or
(c) the chairperson considers that the
primary reason for the appellant's
request for the suspension of the
operation of a penalty is to enable
a racing activity to be undertaken
in the period before the appeal is
heard.
(3) Notwithstanding subsection (2), if a
request for the suspension of the
operation of a penalty is received by the
chairperson before the commencement of
the Racing Regulation Amendment
(TRAB) Act 2009, the chairperson is to
make his or her determination in relation
to the request as if that Act had not been
enacted.
13. Section 34 amended (Determination of appeals)
Section 34 of the Principal Act is amended as
follows:
12
Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 13
(a) by omitting subsection (1) and
substituting the following subsections:
(1) After hearing an appeal, the
TRAB -
(a) may affirm, vary or quash
the decision that was the
object of the appeal; or
(b) may, if it considers it just
to do so, refer the matter
to the stewards for
rehearing if the TRAB is
satisfied that the appellant
did not engage in the
conduct that prompted the
making of the decision
but may have engaged in
some other conduct that
would have justified the
respondent making
another decision against
the appellant.
(1A) After hearing an appeal, the
TRAB must make an order
regarding the disposal of the
prescribed deposit, if any, lodged
on appeal.
(1B) Subject to subsection (1C), if the
decision that was the object of the
appeal is affirmed or varied, the
decision is to take effect
immediately.
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Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 13
(1C) If the immediate implementation
of the decision referred to in
subsection (1B) would have a
detrimental effect in relation to
the care and wellbeing of a horse
or a greyhound, the TRAB may
defer the implementation of the
decision, or part of the decision,
and any restrictions arising out of
the decision or part of the
decision for such period, not
exceeding 5 days, as it thinks fit.
(b) by omitting from subsection (2)
"subsection (1)(b)" and substituting
"subsection (1A)";
(c) by inserting in subsection (2)(e) "or
referred to the stewards for rehearing
under subsection (1)(b)" after "quashed";
(d) by inserting the following subsections
after subsection (4):
(4A) If after hearing an appeal the
TRAB affirms or varies the
decision that was the object of the
appeal, the TRAB must make an
order requiring the appellant to
pay to the Secretary of the
Department a percentage of the
cost incurred in the preparation of
the transcript referred to in
section 30(1)(d).
14
Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 13
(4B) For the purposes of
subsection (4A), the TRAB must
order that -
(a) if the decision that was
the object of the appeal is
affirmed, an amount of
not less than 50 per cent
of the cost referred to in
that subsection is to be
paid to the Secretary of
the Department; or
(b) if an appeal is withdrawn
or abandoned, an amount
of not less than 50 per
cent of the cost referred to
in that subsection is to be
paid to the Secretary of
the Department; or
(c) if the decision that was
the object of the appeal is
varied, an amount of not
less than 25 per cent of
the cost referred to in that
subsection is to be paid to
the Secretary of the
Department.
(4C) If the TRAB orders that an
amount of more than 50 per cent
of the cost referred to in
subsection (4A) is to be paid to
the Secretary of the Department,
it is to have regard to -
15
Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 13
(a) whether the appeal
appears to the TRAB to
have been made in good
faith or vexatiously; and
(b) whether the grounds of
appeal appear to the
TRAB to have been
serious or frivolous; and
(c) whether the appellant
appears to the TRAB to
have been seeking
genuine redress or merely
a delay in the
implementation of the
decision under appeal;
and
(d) whether, in the reasonable
opinion of the TRAB, the
appellant pursued the
appeal with due diligence
or was obstructive; and
(e) such other matters as the
TRAB thinks reasonable
and fair in the
circumstances.
(e) by omitting subsection (5).
16
Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 14
14. Section 34A inserted
After section 34 of the Principal Act, the
following section is inserted in Part 5:
34A. Appeals lodged before commencement of
Racing Regulation Amendment (TRAB) Act
2009
(1) If a member constituting the TRAB, in
respect of any hearing that has
commenced but has not been finally
determined before the commencement of
the Racing Regulation Amendment
(TRAB) Act 2009, ceases to hold office as
a member of the TRAB by virtue of
section 23(8) (the "former member"),
the chairperson is to, in order to comply
with section 31, choose another member
to act in place of the former member.
(2) If an appeal under section 29 has been
instituted but a hearing has not
commenced in relation to the appeal
before the commencement of the Racing
Regulation Amendment (TRAB) Act
2009, the hearing is to be conducted as if
the appeal had been instituted on or after
that commencement.
(3) If a hearing in relation to an appeal
instituted under section 29 has
commenced but has not been finally
determined before the commencement of
the Racing Regulation Amendment
(TRAB) Act 2009, the hearing is to
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Racing Regulation Amendment (TRAB) Act 2009
Act No. of
s. 15
continue to be conducted as if that Act
had not been enacted.
15. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
18 Government Printer, Tasmania