AustLII Tasmanian Numbered Acts

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RACING REGULATION AMENDMENT (BOARD AMALGAMATION) ACT 2015 (NO. 11 OF 2015) - SECT 18

Sections 112 and 112A inserted

After section 111 of the Principal Act , the following sections are inserted in Part 10:

112.     Termination of membership of Boards consequent on Racing Regulation Amendment (Board Amalgamation) Act 2015

(1)  Despite the provisions of Schedule 3A as in force immediately before the commencement of the Racing Regulation Amendment (Board Amalgamation) Act 2015 , on the commencement of that Act the appointment, as a member of the former IAB, of each person who is a member of the former IAB immediately before that commencement, is revoked.
(2)  Despite clause 5(4) of Schedule 3B , on the commencement of the Racing Regulation Amendment (Board Amalgamation) Act 2015 the appointment, as a member of the TRAB, of each person who is a member of the TRAB immediately before that commencement, is revoked.
(3)  A person is not entitled to any compensation or payment in respect of the revocation of his or her appointment as a member of the former IAB or the TRAB.
(4)  Nothing in this section is to be taken to prevent the appointment, or re-appointment, of a person as a member of the TRAB.

112A.     Transitional and savings provisions consequent on Racing Regulation Amendment (Board Amalgamation) Act 2015

(1)  In this section –
commencement day means the day on which the Racing Regulation Amendment (Board Amalgamation) Act 2015 commences;
repealed Part means Part 4 of this Act as in force immediately before the commencement day;
right means any right, power, privilege or immunity whether actual, contingent or prospective.
(2)  A determination of an appeal that is made to the former IAB under section 22D, 22DA, 22E(a), or 22E (b), of the repealed Part and that is made by the former IAB before the commencement day is to be taken to be a determination of the appeal by the TRAB.
(3)  If an appeal is made to the former IAB under section 22D, 22DA, 22E(a), or 22E(b), of the repealed Part but is not withdrawn or abandoned, or determined by the former IAB, before the commencement day –
(a) the appeal is to be taken to be an appeal to the TRAB under section 28A(1) , section 28A(2) , section 28A(3)(a) or section 28A(3)(b) respectively; and
(b) if a hearing has been held in relation to the appeal by the former IAB before the commencement day, the matter is to be re-heard by the TRAB as if the matter had not been heard by the former IAB.
(4)  If an appeal could have been, but was not, made to the former IAB under section 22D, 22DA, 22E(a), or 22E(b), of the repealed Part before the commencement day, the appeal may be made to the TRAB under section 28A(1) , section 28A(2) , section 28A(3)(a) or section 28A(3)(b) , respectively, within the period allowed under this Act for such an appeal, calculated from the day on which the decision to which the appeal relates was made.
(5)  An act (including the imposition of an order), matter or thing done or omitted to be done by, or done or suffered in relation to, the former IAB before the commencement day has, on and after that day, the same force and effect as if it had been done or omitted to be done by, or done or suffered in relation to, the TRAB.
(6)  A document issued or made by the former IAB, or served on or by, or provided to or by, the former IAB, is taken to have been issued or made by, or served on or by, or provided to or by, the TRAB.
(7)  A legal proceeding instituted against the former IAB and pending immediately before the commencement day may, on and after that day, be continued against the TRAB.
(8)  A legal proceeding that could have been instituted against the former IAB to enforce a right that had accrued, or was in existence, immediately before the commencement day may, on and after that day, be instituted against the TRAB.
(9)  A judgment or order of a court obtained by or against the former IAB before the commencement day may, on and after that day, be enforced by or against the TRAB.
(10)  The Governor may make regulations of a savings or transitional nature consequent on the enactment of the Racing Regulation Amendment (Board Amalgamation) Act 2015 .
(11)  Regulations made under this section may –
(a) take effect on the commencement day or a later day as specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and
(b) be made so as to apply differently according to the matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and
(c) authorise any matter to be from time to time determined, applied or regulated by the Minister or the Director.



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