Greyhound Racing Authority Amendment Act 1998 (NSW)
New South Wales
Greyhound Racing Authority Amendment Act 1998 No 94
Contents
Page
1 Name of Act 2
2 Commencement 2 3 Amendment of Greyhound Racing Authority Act 1985 No 119 2 4 Amendment of Defamation Act 1974 No 18 2 Schedules
1 Amendment of Greyhound Racing Authority Act 1985 3 2 Amendment of Defamation Act 1974 27
New South Wales
Greyhound Racing Authority Amendment Act 1998 No 94
Act No 94, 1998
An Act to amend the Greyhound Racing Authority Act 1985 to reconstitute the Greyhound Racing Authority (NSW), to provide for the management of the Authority and to constitute the Greyhound Racing Appeals Tribunal; to amend the Defamation Act 1974 in relation to defences for a publication with respect to proceedings or reports of certain inquiries and appeals conducted by the Authority and the Tribunal; and for related purposes. [Assented to 2 October 1998]
| Section 1 | Greyhound Racing Authority Amendment Act 1998 NO 94 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Greyhound Racing Authority Amendment Act
1998.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Amendment of Greyhound Racing Authority Act 1985 No 119
The Greyhound Racing Authority Act 1985 is amended as set out
in Schedule 1.
4 Amendment of Defamation Act 1974 No 18
The Defamation Act 1974 is amended as set out in Schedule 2.
Greyhound Racing Authority Amendment Act 1998 No 94
Amendment of Greyhound Racing Authority Act 1985 Schedule 1 Schedule 1 Amendment of Greyhound Racing
Authority Act 1985(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (l):
Board means the Board of the Authority as established by section 6.
chairperson means the chairperson of the Authority
appointed under section 8C.chief executive officer means the chief executive officer of the Authority employed by the Authority under section 8E.
deputy chairperson means the deputy chairperson of the
Authority appointed under section 8C.director means a director of the Board. and includes a director in his or her capacity as a member of the Regulatory Committee.
Regulatory Committee means the Regulatory Committee of the Authority as established by section 8A.
regulatory functions-see section 8.
Tribunal means the Greyhound Racing Appeals Tribunal as established by section 18F.
[2] Section 3 ( 1 ) , definitions of “Chairman”, “Fund” and “member”
Omit the definitions.
[3] Section 3 (3)
Omit the subsection.
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Part 2
Omit the Part. Insert instead:
Part 2 Greyhound Racing Authority
Division 1 Constitution of the Authority 5 Constitution of Authority
(1)
There is constituted by this Act a body corporate with the corporate name of the Greyhound Racing Authority (NSW).
(2)
The Authority has the functions conferred or imposed on the Authority by or under this or any other Act or law.
(3) The Authority is, for the purposes of any Act, a statutory
body representing the Crown.
Division 2 Board of Authority 6 Constitution of Board
(1) The Authority is to have a Board consisting of 7
directors appointed by the Governor.(2) Of the directors: one is to be jointly nominated by The New South Wales Greyhound Breeders Owners and Trainers' Association Ltd and the New South Wales National Coursing Association Limited, and
two are to be nominated by greyhound racing clubs (other than those referred to in paragraph (a)), with at least one of those nominees being nominated as a representative of TAB clubs, and
one is to be nominated by participants in the greyhound racing industry (being owners. trainers. bookmakers or other persons involved with
greyhound racing). and
three are to be nominated by the Minister.
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Amendment of Greyhound Racing Authority Act 1985 Schedule 1
(3) The chairperson of the Authority is to be the chairperson of the Board and the deputy chairperson of the Authority is to be deputy chairperson of the Board. (4)
The Minister is to determine, by order published in the Gazette, the manner in which, and the criteria on which, the persons referred to in subsection (2) (b) and (c) are to be nominated.
(5)
For the purposes of subsection (2) (b), a TAB club is a greyhound racing club on a majority of whose race meetings TAB Limited conducts an off-course totalizator
(within the meaning of the Totalizator Act 1997).
7 Role of Board
(1) The Board is responsible for exercising the functions of the Authority other than its regulatory functions. (2) Any act, matter or thing done in the name of, or on behalf of, the Authority by, or with the authority of, the Board is taken to have been done by the Authority.
(3) The Board is not subject to the control or direction of the
Minister.
Division 3 Regulatory Committee of Authority 8 Meaning of “regulatory functions”
( 1 )
For the purposes of this Act, the regulatory functions of the Authority are the following functions of the Authority:
(a)
the functions relating to the control and regulation of greyhound racing as specified in section 9 (including the functions of initiating or conducting inquiries in relation to the control and regulation of greyhound racing. and any disciplinary or decision-making functions with respect to such inquiries),
(b) the function of making rules under this Act. (c)
the functions of hearing and deciding appeals to the Authority and of holding special inquiries under section 18C.
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(d)
the functions under sections 14 and 15 (to the extent that those functions are exercised for the purpose of the regulatory functions of the Authority),
(e)
the function under section 19 (to the extent that the function is exercised to delegate regulatory functions),
(f)
such functions as the Board may allocate to the Regulatory Committee,
(g)
such functions as are determined or designated to be regulatory functions in accordance with subsection (2) or the regulations.
(2)
If a dispute arises as to whether a function is a regulatory function, the Minister may resolve the dispute. The Minister’s determination is final and conclusive of the matter.
8A Establishment of Regulatory Committee
(1) There is established a committee of the Authority known
as the Regulatory Committee.(2) The Regulatory Committee is to consist of the 3 directors
appointed on the nomination of the Minister.(3)
The chairperson of the Authority is to be the chairperson of the Committee and the deputy chairperson of the Authority is to be deputy chairperson of the Committee.
8B Role of Regulatory Committee
(1) The Regulatory Committee is responsible for exercising
the regulatory functions of the Authority.(2)
Any act, matter or thing done in the name of. or on behalf of, the Authority by, or with the authority of, the Regulatory Committee is taken to have been done by the Authority.
(3)
The Regulatory Committee is subject to the control and direction of the Minister except in relation to the following matters:
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Amendment of Greyhound Racing Authority Act 1985 Schedule 1
(a)
the contents of a report or recommendation made by it to the Minister,
(b)
the decision on any appeal or other disciplinary proceedings.
(4) Subsection ( l ) does not limit the functions of stewards
appointed by the Authority under the rules.
Division 4 Officers and staff of Authority 8C Chairperson and deputy chairperson
(1)
One of the directors appointed on the nomination of the Minister is to be appointed as chairperson of the Authority by the instrument appointing the person as director or by a subsequent instrument executed by the Governor.
(2)
One of the directors appointed on the nomination of the Minister is to be appointed as the deputy chairperson of the Authority by the instrument appointing the person as director or by a subsequent instrument executed by the Governor.
8D Provisions relating to directors and procedure of Board
and Regulatory Committee
(1) Schedule l has effect with respect to the directors. (2) Schedule 2 has effect with respect to the procedure of the
Board and the Regulatory Committee.
8E Chief executive officer of Authority
(1) The Authority may, in consultation with the Minister,
employ a chief executive officer of the Authority.(2)
The chief executive officer is responsible for the day-to-day management of the Authority subject to, and in accordance with. the policies and other decisions of:
(a)
the Regulatory Committee, with respect to the day-to-day management of the Authority concerning its regulatory functions, and
(b)
the Board, with respect to the day-to-day management of the Authority concerning its other functions.
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8F Staff of Authority
(1) The Authority may employ such other staff as it requires
to exercise its functions.(2) The Authority may fix the salary, wages and other conditions of its staff (including the chief executive officer) in so far as they are not fixed by or under any other Act or law. (3) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the staff (including the chief executive officer) of the Authority. (4) The Authority may engage consultants for the purposes
of getting expert advice.
Section 9 Control and regulation of greyhound racing
Omit section 9 (2) (a). Insert instead:
(a) register or refuse to register:
( i )
any owner, trainer or bookmaker or other person associated with greyhound racing. or
(ii) any greyhound, (a1) cancel the registration of
( i ) any greyhound racing club. or
(ii) any greyhound trial track. or
( i i i ) any owner, trainer or bookmaker or other person associated with greyhound racing. or
( iv) any greyhound.
Section 9 (4)
Omit the subsection.
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Amendment of Greyhound Racing Authority Act 1985 Schedule 1
[7] Section 9A Insert after section 9:
9A Registration of clubs and tracks
(1) The Authority may, in accordance with the rules, register
or refuse to register:
(a) any greyhound racing club, or (b) any greyhound trial track. (2)
The Authority may not refuse to register a club or track under this section for the purpose of taking disciplinary action.
Section 10 Authority may make rules
Insert “the following" after "with respect to" in section 10 (2).
Section 10 (2) (h), (k) and (m)
Omit the paragraphs.
Section 10 (2A) Insert after section 10 (2):
(2A) The Authority may make rules, not inconsistent with this
Act. for or with respect to:
(a)
the registration of greyhound racing clubs and greyhound trial tracks. and
(b) the fees and charges referred to in section 17B.
Section 10 (4) Omit the subsection. Greyhound Racing Authority Amendment Act 1998 No 94
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Section 11 Appeals to the Authority
Omit the section.
[13] Section 12 Authority may grant or lend money from Fund
Omit the section.
[14] Part 4
Omit the Part. Insert instead:
Part 4 Finance 16 Financial year (1) The financial year of the Authority is the year commencing on l July.
(2)
A different financial year may be determined by the Treasurer under section 4 (1A) of the Public Finance and Audit Act 1983.
17 Expenses
The Authority is liable for the following expenses:
(a)
all expenses (including remuneration and allowances payable to directors. the chief executive officer and other staff of the Authority) incurred by the Authority in the exercise of its functions,
(b)
all expenses (including remuneration and allowances payable under clause 3 of Schedule 2A) incurred by the Tribunal in the exercise of its functions under this Act.
17A Accounts
The Authority may establish such accounts as it thinks appropriate for the money received and expended by the Authority.
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Amendment of Greyhound Racing Authority Act 1985 Schedule 1 17B Fees and charges
(1) If a steward appointed by the Authority acts at a meeting for greyhound racing held by a greyhound racing club, the Authority may charge the club for the services of the steward. (2) The Authority may determine the fees and charges payable for registration or for the transaction of other business with the Authority.
[15] Part 4A
Insert after Part 4:
Part 4A Appeals and disciplinary inquiries
Division 1 Rights and procedures concerning appeals
and inquiries18 Definitions In this Part:
appeal means an appeal under this Part.
disciplinary inquiry means a special inquiry under section 18C or any other inquiry by the Authority for the purpose of taking disciplinary action.
18A Appeals
(1) A person who is aggrieved by a decision:
(a) of the stewards or the committee of a greyhound racing club. or
(b) of a steward appointed by the Authority, may, in accordance with the regulations. appeal against the decision to the Authority or the Tribunal as determined by the regulations.
(2)
A person who is aggrieved by a decision of the Authority (other than a decision in respect of an appeal under subsection (1)) may. in accordance with the regulations. appeal against the decision to the Tribunal.
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(3)
The decision of the Authority or the Tribunal on appeal under this section is final and conclusive and is taken to be a decision of the person or body whose decision is the subject of the appeal.
(4) Subsection (3) does not preclude the operation of section
18C.
18B Proceedings on appeal and disciplinary inquiries
(1)
Proceedings on an appeal to the Authority under section 18A are to be held as in open court at a meeting of the Regulatory Committee at which a quorum is present.
(2)
Proceedings on an appeal to the Tribunal under section 18A are to be held as in open court before the Tribunal.
(3)
Proceedings in respect of a disciplinary inquiry of the Authority may be conducted in public or in private, or partly in public and partly in private, as the Authority may decide.
(4) In conducting a disciplinary inquiry, the Authority may examine any witness on oath or affirmation, or by use of
a statutory declaration.
18C Special inquiry following appeal to Tribunal
( 1) The Authority may hold a special inquiry into a matter
that the Tribunal has decided on an appeal if:
(a)
the Authority receives information that was not available as evidence at the hearing of the appeal, and
(b)
the Authority is satisfied that the information may have resulted in a substantially different decision
if it had been given in evidence at the hearing of
the appeal.
(2) The Authority may determine the manner in which a
special inquiry is to be held.(3) After holding a special inquiry into a matter that has
been decided on an appeal, the Authority may:
(a) decide to take no further action. or
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Amendment of Greyhound Racing Authority Act 1985 Schedule 1
(b)
make a decision that differs from the decision of the Tribunal, in which case the different decision has effect as the decision of the Tribunal instead of the Tribunal's decision.
(4) Section 18A (2) does not apply to a decision made under
this section.
18D Regulations concerning appeals
(1) The regulations may make provision for or with respect
to the following:
(a)
appeals to the Authority or Tribunal under this Act,
(b) special inquiries under section 18C, (c)
the procedure at or in connection with appeals under this Act and special inquiries under section 18C.
(d)
the suspension of a decision appealed against under this Act, or the subject of a special inquiry under section 18C, pending the determination of the appeal or inquiry,
(e)
the payment of fees and costs in respect of appeals under this Act and special inquiries under section 18C,
(f)
any matters incidental to or connected with appeals under this Act and special inquiries under section 18C.
(2) Without affecting the generality of subsection (l), the
regulations may:
(a)
prescribe classes of matters in respect of which appeals may not be made under this Act, or
(b)
provide that no appeals may be made under this Act except in respect of prescribed classes of matters.
Division 2 Greyhound Racing Appeals Tribunal 18E Definitions In this Part:
assessor means a person appointed as an assessor of the
Tribunal under section 18I.
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court includes the Industrial Relations Commission of
New South Wales.qualified person means a judge of any court in New South Wales, a retired judge of any court (whether or not in New South Wales) or a person qualified to be appointed as a Judge of the District Court.
18F Greyhound Racing Appeals Tribunal
For the purposes of this Act, there is established a Tribunal to be known as the Greyhound Racing Appeals Tribunal.
18G Appointment of Tribunal
The Minister may. on the recommendation of the Attorney General, appoint a qualified person as the Tribunal.
18H Appointment of acting Tribunal
(1) The Minister may from time to time, on the recommendation of the Attorney General, appoint:
(a) a qualified person to act as the Tribunal:
(i)
during the illness or absence of the person appointed as the Tribunal, or
(ii)
during a vacancy in the office of the Tribunal, or
(iii)
on such occasions or in respect of such appeals as the person appointed as the Tribunal directs, and
(b)
another qualified person to act as the Tribunal in accordance with paragraph (a) but only during the illness or absence of the person appointed to act as the Tribunal under paragraph (a).
(2) A qualified person is taken to be the Tribunal while
acting as the Tribunal.
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Amendment of Greyhound Racing Authority Act 1985 Schedule 1
(3)
More than one sitting of the Tribunal may be held at the same time, but the person appointed as the Tribunal and a person appointed to act as the Tribunal must not sit on the same appeal.
18I Appointment of assessors
The Minister may, for the purposes of this Act, appoint persons the Minister believes have special knowledge of, and experience in, the racing industry to be assessors of the Tribunal.
18J Functions of assessors
(1) The Tribunal may, in hearing appeals under this Act, be
assisted by one or more assessors.(2) An assessor assisting the Tribunal as referred to in subsection (1) may assist and advise the Tribunal, but must not adjudicate on any matter before the Tribunal.
18K Provisions relating to Tribunal
Schedule 2A has effect.
[16] Sections 19 and 19A
Omit section 19. Insert instead:
19 Delegation
(1 ) Subject to subsection (2). the Authority may delegate the
exercise of its functions to:
(a)
a director, the chief executive officer or other member of the staff of the Authority, or
(b)
a committee comprised of. or a combination of. those persons.
(2) The Authority may not delegate the following of its
functions:
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(a)
the power of delegation conferred by subsection (1),
(b)
the regulatory functions of the Authority (other than those referred to in section 9 (2) (a)).
(3) Subsection (2) does not limit the functions of stewards
appointed by the Authority under the rules.
19A Protection from personal liability
Anything done or omitted to be done by:
(a) the Authority, or (b) the Board, or (c) the Regulatory Committee, or (d) any director, or (e) the chief executive officer, or (f) any steward appointed by the Authority, or (g) any person acting under the direction of the Authority, does not subject a director, the chief executive officer, a steward. or a person so acting, personally to any action. liability. claim or demand if the thing was done or omitted to be done in good faith for the purposes of executing this or any other Act or the rules.
[17] Section 20 Annual report
Omit the section.
[18] Section 21
Omit the section. Insert instead:
21 Authentication of certain documents
Any summons, process. demand. order. notice. statement, direction or other document requiring authentication by the Authority is sufficiently authenticated without the seal of the Authority if signed by the chairperson. the chief executive officer, or any other member of staff authorised to do so by the chief executive officer.
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Amendment of Greyhound Racing Authority Act 1985 Schedule 1 [19] Sections 23 and 23A
Omit section 23. Insert instead:
23 Proof of certain matters not required
In any legal proceedings, proof is not required (until evidence is given to the contrary) of the following matters:
(a)
the constitution of the Board or the Regulatory Committee,
(b)
any resolution of the Board or the Regulatory Committee,
(c)
the appointment of, or the holding of office by, any director,
(d)
the presence of a quorum at any meeting of the Board or the Regulatory Committee.
23A No challenge on ground that function exercised by
wrong body
The exercise of a function of the Authority by the Board or the Regulatory Committee cannot be challenged on the ground that it should have been exercised by the other body.
[20] Section 25 Regulations
Insert “or section 9A or” after “section 9 (2)” wherever occurring in section 25 (5).
[21] Schedule 1, heading
Omit the heading. Insert instead:
Schedule 1 Provisions relating to directors (Section 8D)
[22] Schedule 1, clauses 1 and 1A
Insert after the heading to Schedule 1 :
1 Employee of club not eligible for appointment
A person who is an employee of a greyhound racing club is not eligible to be appointed as a director.
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1A Person disqualified or prohibited not eligible
A person who is disqualified under section 9 (2) (b) or who is prohibited from participating in or associating with greyhound racing under section 9 (2) (d) is not eligible to be nominated or appointed as a director while the disqualification or prohibition remains in force.
[23] Schedule 1
Omit “member” and “members” wherever occurring except clause
7 (2) (a).
Insert instead “director” and “directors”, respectively.[24] Schedule 1, clause 2
Omit “Chairman” wherever occurring.
Insert instead “chairperson”.[25] Schedule 1, clause 2 (2)
Omit clause 2 (2). Insert instead:
(2) Such an acting director is to be appointed from the same category of nomination (as specified in section 6 (2)) as
the person he or she is rep l acing.
[26] Schedule 1, clause 2 (7)
Insert after clause 2 (6):
(7) A person is not eligible to be appointed to act in the office of a director if he or she is an officer or employee of a greyhound racing club or is otherwise concerned in the management or control of any such club.
[27] Schedule 1, clauses 6 and 7
Omit “Authority” wherever occurring.
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Amendment of Greyhound Racing Authority Act 1985 Schedule 1
[28] Schedule 1, clause 6 (1) (f) and (f1) Insert after clause 6 ( l ) (e):
(f) is an employee of a greyhound racing club, (f1) is disqualified under section 9 (2) (b) or prohibited from participating in or associating with greyhound racing under section 9 (2) (d),
[29] Schedule 1, clause 9
Omit the clause.
[30] Schedule 2
Omit the Schedule. Insert instead:
Schedule 2 Provisions relating to procedure of
Board and Regulatory Committee(Section 8D)
1 General procedure
The procedure for the calling of meetings of the Board or the Regulatory Committee and for the conduct of business at those meetings is, subject to this Act. to be determined by the Board or the Committee.
2 Failure to nominate
A failure to nominate a person to a category of nomination specified in section 6 (2) does not affect the appointment of the directors who are nominated in accordance with that section.
3 Quorum
The quorum:
(a)
for a meeting of the Board is a majority of directors for the time being. and
(b)
for a meeting of the Regulatory Committee is 2 members.
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4 Person presiding at Board meetings
(1)
The chairperson is to preside at a meeting of the Board, or in the absence of the chairperson, the deputy chairperson, or in the absence of both, another director elected as the chairperson for the meeting by the directors present.
(2)
The chairperson is to preside at a meeting of the Regulatory Committee, or in the absence of the chairperson, the deputy chairperson.
(3)
The person presiding at a meeting of the Board or the Regulatory Committee has a deliberative vote and, if the votes cast at the meeting are equal in number, has a second or casting vote.
5 Voting
A decision supported by a majority of the votes at a meeting of the Board or the Regulatory Committee at which a quorum is present is the decision of the Board or the Committee.
Schedule 2A
Insert after Schedule 2:
Schedule 2A Provisions relating to Tribunal (Section 18K)
1 Term of office
Subject to this Act, a person appointed as:
(a) the Tribunal. or (b) an assessor. is to hold office for such period. not exceeding 3 years, as may be specified in the instrument of appointment. but is eligible (if otherwise qualified) for re-appointment.
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Amendment of Greyhound Racing Authority Act 1985 Schedule 1 2 Effect of appointment of a judge as Tribunal
(1)
A person’s tenure of the office of judge of a court, or the person’s rank, title, status, precedence, salary or other rights or privileges as a holder of that office, is not affected by:
(a)
the appointment of the person as, or to act as, the Tribunal, or
(b) the person’s service as the Tribunal. (2)
A judge of any court may exercise the functions of a judge of that court despite holding office as, or acting as, the Tribunal.
(3)
The service, as the Tribunal, of a judge of any court is, for all purposes. taken to be service as a judge of that court.
3 Remuneration
A person (not being a judge of any court) holding office as. or acting as. the Tribunal and an assessor are entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of each of them.
4 Vacation of office
( l ) A person (being a judge of any court) holding office as the Tribunal is taken to have vacated that office if the person:
(a) ceases to be a judge of that court. or (b) resigns that office by instrument in writing addressed to the Minister. (2) A person (not being a judge of any court) holding office as the Tribunal or a person holding office as an assessor is taken to have vacated that office if the person:
(a) dies. or
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(b)
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration, or
(c) becomes a mentally incapacitated person, or (d)
is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or upwards, or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(e)
resigns that office by instrument in writing addressed to the Minister. or
(f)
is removed from office by the Minister under subclause (3).
(3) The Minister may remove from office:
(a)
a person (not being a judge of any court) holding office as, or appointed to act as. the Tribunal, or
(b) an assessor.
5 Effect of Public Sector Management Act 1988
The Public Sector Management Act 1988 does not apply to or in respect of the appointment of:
(a) a person as, or to act as, the Tribunal, or (b) an assessor. and a person holding office as, or acting as. the Tribunal or an assessor is not, as the Tribunal or an assessor. subject to that Act.
6 Staff to assist Tribunal
For the purposes of this Act. and if the Minister so approves. the Tribunal may make use of the services of:
(a) any staff of the Authority. or (b)
any staff of a Department in the Minister's administration.
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Amendment of Greyhound Racing Authority Act 1985 Schedule 1 [32] Schedule 3 Savings, transitional and other provisions
Insert before clause 1:
Part 1 General
1 A Regulations
( l ) The regulations may include provisions of a savings or transitional nature consequent on the enactment of the following Acts: this Act
Greyhound Racing Authority Amendment Act 1998
(2) A provision of a regulation authorised by this clause may, if the regulations so provide, take effect as from the date of assent to the Act concerned or as from a later day.
(3) To the extent to which a provision of a regulation authorised by this clause takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or (b) to impose liabilities on any person (other than the State or an authority of the State). in respect of anything done or omitted to be done before the date of its publication.
[33] Schedule 3, clause 8
Omit the clause.
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[34] Schedule 3, Part 2
Insert at the end of Schedule 3:
Part 2 Provisions consequent on enactment of
Greyhound Racing Authority Amendment
Act 19988 Definitions
In this Part:
amending Act means the Greyhound Racing Authority
Amendment Act 1998.
new Authority means the Authority as constituted by
Schedule 1 [4] to the amending Act.old Authority means the Authority as constituted immediately before the commencement of Schedule 1
[4] to the amending Act.
9 Continuation of Authority
The new Authority is a continuation of, and the same legal entity as, the old Authority.
10 Members of Authority
(1)
On the commencement of Schedule 1 [4] to the amending Act, a person who held office as a member of the old Authority:
(a) ceases to hold that office, and (b)
is eligible (if otherwise qualified) to be appointed as a director.
(2)
A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.
(3)
A reference in any other Act or instrument to a member of the Authority is taken to be a reference to a director.
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Amendment of Greyhound Racing Authority Act 1985 Schedule 1 11 Chief executive
The person employed by the Authority as chief executive immediately before the commencement of Schedule l [4] to the amending Act is taken to be duly employed as chief executive officer under section 8E for the balance of his or her term of employment as chief executive.
12 Appeals
(1)
An appeal to the Authority that is lodged but not heard immediately before the commencement of Schedule 1 [15] to the amending Act is to be heard and determined, and the decision on the appeal given effect to, in accordance with this Act as amended by the amending Act.
(2)
An appeal to the Authority that is partly heard, or fully heard but not yet determined. immediately before the commencement of Schedule 1 [15] to the amending Act, is to be reheard and determined. and the decision on appeal given effect to. in accordance with this Act as amended by the amending Act. The rehearing is taken to be a new hearing and the previous hearing has no effect.
(3)
The right to appeal to the Tribunal under section 18A (as inserted by the amending Act) extends to decisions made before the commencement of Schedule 1 [15] to the amending Act.
13 Fees and charges
The fees and charges for registration or for the transaction of other business with the Authority that are prescribed by the rules (as in force immediately before the commencement of Schedule 1 [9] to the amending Act) continue in force until such time as the Authority determines other fees and charges in accordance with this Act as amended by the amending Act.
14 Rules
The rules in force under this Act are taken to be made under this Act as amended by the amending Act.
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| Schedule 1 | Amendment of Greyhound Racing Authority Act 1985 |
15 Greyhound Racing Authority (NSW) Fund
All money in the Greyhound Racing Authority (NSW) Fund immediately before the commencement of Schedule l [14] to the amending Act is to be paid into an account established by the Authority in accordance with section 17A.
Greyhound Racing Authority Amendment Act 1998 No 94
Amendment of Defamation Act 1974 Schedule 2 Schedule 2 Amendment of Defamation Act 1974 (Section 4)
[1] Section 17DC
Insert before section 17E:
17DC Matters arising under the Greyhound Racing Authority
Act 1985
There is a defence of absolute privilege:
(a) for a publication in the course of an appeal under the Greyhound Racing Authority Act 1985, and (b) for a publication by the Greyhound Racing Appeals Tribunal or the Greyhound Racing Authority (NSW) in an official report of its decision in respect of any such appeal and of the reasons for that decision, and (c) for a publication in the course of proceedings in respect of an inquiry conducted by that Authority in the exercise of its regulatory functions (including the exercise of any such function by a steward of that Authority), and (d) for the publication by that Authority of a report it makes in respect of such an inquiry.
[2] Schedule 2 Proceedings of public concern and official and public documents and records
Insert before clause 2 (14):
(13B) without limiting the operation of any other subclause.
proceedings:
(a)
at an inquiry conducted by the Greyhound Racing Authority (NSW) in the exercise of its regulatory functions (including the exercise of any such function by a steward of that Authority). and
Greyhound Racing Authority Amendment Act 1998 No 94
| Schedule 2 | Amendment of Defamation Act 1974 |
(b)
on an appeal to that Authority or the Greyhound Racing Appeals Tribunal under the Greyhound Racing Authority Act 1985.
[Minister’s second reading speech made in—
Legislative Assembly on 24 June 1998
Legislative Council on 22 September 1998]
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