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RACING REGULATION AMENDMENT (TRAB) BILL 2009
CLAUSE NOTES
Clause 1 Short Title and citation.
Clause 2 The Racing Regulation Amendment (TRAB) Act 2009 is to
commence on 1 January 2010.
Clause 3 The Principal Act is the Racing Regulation Act 2004.
Clause 4 This clause amends Part 3 of the Principal Act by replacing
the existing heading "TASMANIAN RACING BOARD" with the
new heading "TASRACING" to reflect the transition of the
former body (a statutory authority) to the latter entity (a State-
owned Company) on 1 July 2009.
Clause 5 This clause amends section 23 of the Principal Act by:
under paragraph (a), reducing the membership of the
Tasmanian Racing Appeal Board (TRAB) from eight members
to six;
under paragraph (b), increasing by one the number of
members of the TRAB that are required to be Australian legal
practitioners of at least five years' standing;
under paragraph (c), requiring two of the legal practitioners
referred to in paragraph (b) to be appointed as deputy
chairpersons of the TRAB;
under paragraph (d), empowering the Governor to appoint two
deputy chairpersons; and
under paragraph (e), providing for the cessation of the office of
three `ordinary' members of the TRAB, at the commencement of
the Racing Regulation Amendment (TRAB) Act 2009,
notwithstanding the limitation imposed by clause 5(4) of
Schedule 3B of the Principal Act that a member must not be
removed from office otherwise than in accordance with clause
5 `Vacation of office'. It also requires the Minister to nominate,
on the advice of the TRAB Chairperson, the three members whose
office will cease at the commencement of the Act and makes it
clear that no compensation is payable to any person in respect
of their office ceasing to exist as a result of this amendment.
Clause 6 This clause enables the chairperson of the TRAB to delegate
any of his or her functions or powers under this or any other
Act, other than the power of delegation, to either of the two
deputy chairpersons.
Clause 7 This clause repeals the existing section 25 of the Principal Act
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and substitutes a new section 25 in its place.
NEW SECTION 25 ROLE OF DEPUTY CHAIRPERSON
new section 25 This section sets out the role of a deputy chairperson of the
TRAB by:
under subsection (1), defining the role of a deputy chairperson;
under subsection (2), specifying the powers and functions of a
deputy chairperson, nominated by the chairperson, to act as
chairperson in the absence of the chairperson; and
under subsection (3), specifying the powers and functions of a
deputy chairperson, nominated by the Minister, to act as
chairperson during a vacancy in the office of chairperson.
Clause 8 This clause inserts a new section 27 in Part 5 of the Principal
Act.
NEW SECTION 27 CONSULTATION WITH RACING INDUSTRY
new section 27 This section requires the chairperson and deputy chairpersons
of the TRAB to consult with specified industry stakeholders on
a biannual basis.
Clause 9 This clause amends section 28 of the Principal Act by:
under paragraph (a), replacing the existing subsections (3)
and (4) to clarify if a person has a right of appeal to the TRAB
against a decision of Tasracing, a registered club or against a
stewards' decision no appeal lies to either Tasracing or a
registered club;
under paragraph (b), clarifying that the reference to a club in
subsection 28(5)(b) of the Principal Act means a club that is
registered under section 40 of that Act; and
under paragraph (c), inserting a new subsection 28(5)(c)
clarifying that subsections 28(3) and (4) of the Principal Act -
as referred to in paragraph (a) above - not only have effect
notwithstanding anything to the contrary that may be
contained in the Rules of Racing or constitution, rules or
articles of the registered club (referred to in paragraph (b)
above), but also have effect irrespective of anything to the
contrary that may be contained in the constitution of
Tasracing. This amendment comes about because of an
omission in the original amending legislation.
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Clause 10 This clause amends section 30 of the Principal Act by:
under paragraph (a), amending subsection (1)(c) of the
Principal Act consequential to the insertion of the new
subsection (1)(d);
under paragraph (b), inserting the new subsection (1)(d)
requiring the Secretary of the TRAB, as soon as practicable
after an appeal has been lodged, to provide to the relevant
parties copies of the transcript of proceedings and the race
patrol film relating to the matter that is the object of the appeal;
under paragraph (c), inserting a new subsection (1A) requiring
the chairperson of the TRAB to endeavour to ensure that
appeals are heard within a specified period of time from
lodgement of the appeal;
under paragraph (d), inserting a new paragraph (ab) requiring
the TRAB, on the hearing of an appeal, to act according to
equity, good conscience and the substantial merits of the
case;
under paragraph (e), inserting the following new subsections
(6A), requiring the presiding member at an appeal
proceeding to determine questions relating to the Board's
jurisdiction, admissibility of evidence, and law or
procedure;
(6B), requiring appeals to be heard and determined on the
evidence of the original hearing but enabling the presiding
member to admit or require other evidence if considered
proper;
(6C), requiring the TRAB to make a full and thorough
investigation in open court, allowing it to inform itself on
any matter in such manner as it thinks fit, admit any
evidence and take into account certain matters that are
within the knowledge or experience of the Board or have
arisen in or as a result of other appeals or proceedings
before the Board; and
(6D), authorising the TRAB to hear evidence in camera;
and
under paragraph (f), clarifying that the TRAB may appoint a
person with appropriate expertise or skills to help it conduct an
appeal; and
under paragraph (g), inserting new subsection (11) to provide
a definition of "race patrol film" for the purposes of the section.
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Clause 11 This clause amends section 31 of the Principal Act by:
under paragraph (a), requiring the chairperson or a deputy
chairperson to be empanelled for all major appeals; and
under paragraph (b), requiring a deputy chairperson to preside
at hearings of the TRAB if the chairperson is not present.
Clause 12 This clause repeals section 33 of the Principal Act and
substitutes a new section 33.
NEW SECTION 33 SUSPENSION OF PENALTIES PENDING APPEALS
new section 33 This section provides for the suspension of the operation of
penalties pending appeals by:
under subsection (1), empowering the chairperson to suspend the
operation of a penalty pending the hearing and determination of an
appeal;
under subsection (2), restricting the power of the chairperson to
suspend the operation of a penalty under the specified
circumstances; and
under subsection (3), providing that where a request for the
suspension of the operation of a penalty is received by the
chairperson before the commencement of this Act, the chairperson
is to make a determination in relation to that request as if this Act
had not been enacted.
Clause 13 This clause amends section 34 of the Principal Act by:
under paragraph (a), replacing subsection (1) with the
following new subsections
(1), enabling the TRAB to affirm, vary or quash the
decision that was the object of the appeal, or refer the
matter back to the stewards for rehearing if satisfied the
appellant has been charged with the incorrect offence;
(1A), requiring the TRAB to make an order regarding the
disposal of the appeal deposit;
(1B), specifying that, subject to (1C), where the original
decision is affirmed or varied, it is to take effect
immediately;
(1C), empowering the TRAB to defer the immediate
implementation of the decision or part of the decision
(including restrictions arising out of the decision or part
thereof) for a maximum period of five days if the
implementation would be detrimental to the wellbeing of
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racing animals; and
under paragraph (b), amending the reference in subsection (2)
consequent to the replacement of the existing subsection (1)
referred to above;
under paragraph (c), making provision for the appeal deposit
to be refunded in full where the TRAB refers the decision that
was the object of the appeal to the stewards for rehearing;
under paragraph (d), inserting the following new subsections
(4A), requiring the TRAB to make an order for the
appellant to pay a percentage of the cost incurred in the
preparation of the transcript of proceedings of the original
hearing to the Secretary of DIER;
(4B), specifying the circumstances under which the TRAB
must order that a percentage of the cost referred to in (4A)
is to be paid;
(4C), specifying the grounds for the TRAB to have regard
to in determining whether to charge more than the
required minimum percentage of the cost referred to in
(4A); and
under paragraph (e), omitting subsection (5). This amendment
is brought about by the change in the nature of appeal hearings
from rehearings de novo to ordinary rehearings.
Clause 14 This clause amends Part 5 of the Principal Act by inserting
new section 34A.
NEW SECTION 34A APPEALS LODGED BEFORE COMMENCEMENT OF
RACING REGULATION AMENDMENT (TRAB) ACT 2009
new section 34A This section provides for amendments of a transitional and
savings nature consequential to the commencement of this
Act by:
under subsection (1), requiring the chairperson of the TRAB, if
required in order to comply with section 31, to replace a
member who was empanelled to hear an appeal prior to the
commencement of this Act but whose office ceased to exist on
the commencement of this Act with another member.
under subsection (2), requiring an appeal to be subject to the
provisions of this Act if it was instituted but a hearing had not
commenced before the commencement of this Act; and
under subsection (3), providing for an appeal hearing that
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commenced but was not finally determined before the
commencement of this Act to continue to be conducted as if
this Act had not been enacted.
Clause 15 This clause provides for the automatic repeal of this Act on
31 March 2010. This is a standard provision to be included in
all Amendment Bills, the effect of which is to automatically
repeal the Amendment Act after 90 days from the date of its
commencement. This will make it unnecessary to periodically
pass a Legislation Repeal Act to remove Amendment Acts,
from the statute books as once the amendments are
incorporated into the Principal Act, the Amendment Act serves
no practical purpose.