Racing and Betting Act Amendment Act 1988 (Qld)

1472 (ueeztstanb ANNO TRICESIMO SEPTIMO EL,IZA ET AE SECUNDAE REGINAE No. Loaf 1988 An Act to amend the Racing and Betting Act 1980 - 1988 in certain particulars [ASSENTED TO 8TH D ECEMBER, 1988]

Racing and Betting Act Amendment Act 1988, No. 101 1473 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Racing and Betting Act Amendment Act 1988. (2) In this Act the Racing and Betting Act 1980-1988 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Racing and Betting Act 1980-1988. 2. C omme ncement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Amendment of s. 3. Arrangement . Section 3 of the Principal Act, is amended in the references to the Divisions of Part III by inserting? after the words "Division 1-Racing," the words "Division IA-Galloping Appeals Authority;". 4. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by omitting the definition "analyst" and substituting the following definition:- " "analyst" means a person appointed by the Minister by notification published in the Gazette to be an analyst for the purpose of this Act;". 5. New heading and ss . 34A, 34B and 34c. The Principal Act is amended by inserting after section 34 the following heading and sections:- "Division IA-Galloping Appeals Authority 34A. Interpretation. In this Division, unless the contrary intention appears- "assessor" means a person appointed as an assessor to the Authority under section 34c; "Authority" means the Galloping Appeals Authority established pursuant to section 34B; "licence" means- (a) a licence issued by a principal club to a race club or any bookmaker, bookmaker's clerk, jockey, owner, stableforeman, stablehand, trainer or any other person associated with racing; or (b) the registration by a principal club of any club or person in any such capacity;

1474 Racing and Betting Act Amendment Act 1988, No. 1101 "steward" means a person appointed as such in accordance with the Rules of Racing and includes a person so appointed as a deputy steward. 34B. Galloping Appeals Authority. (1) For the purposes of this Act there is hereby established an appeal body to be known as the Galloping Appeals Authority. (2) One person, recommended by the Ministerand appointed by the Governor in Council by notification published in the Gazette, shall constitute the Authority. (3) The person constituting the Authority shall- (a) have held, but shall not be the holder of, the office of Judge of the Supreme Court or District Court; or (b) be a legal practitioner of at least five years standing. (4) The person constituting the Authority shall be entitled to such fees and expenses for attendance at meetings of the Authority as are approved by the Governor in Council save that where that person is an officer of the Public Service of the State he shall not receive fees or remuneration for attendance at a meeting of the Authority during the ordinary hours of duty. (5) The Authority shall be taken to be established upon publication in the Gazette of the notification of the appointment of the person constituting the Authority. 34c. Assessors to the Authority. (1) The Governor in Council shall, on the recommendation of the Minister, appoint two persons who, in the opinion of the Minister, have appropriate knowledge of, and experience in, the racing industry to be assessors to the Authority. (2) Each appointment made under subsection (1) shall be by notification published in the Gazette. (3) The Authority may, in hearing appeals under this Act, be assisted by two assessors. (4) An assessor, in assisting the Authority as referred to in subsection (3), may assist and advise the Authority, but shall not adjudicate on any matter before the Authority. (5) An officer of the Public Service of the State may be appointed as an assessor to the Authority and may hold that appointment in conjunction with any other appointment he holds in the Public Service. (6) Assessors to the Authority shall be entitled to such fees and expenses for attendance at meetings of the Authority as are approved by the Governor in Council save that an assessor to the Authority who is an officer of the Public Service of the State shall not receive fees or remuneration for attendance at a meeting of the Authority during the ordinary hours of duty.".

Racing and Betting Act Amendment Act 1988, No. 101 1475 6. New ss. 34D , 34E and 34F . The Principal Act is amended by inserting after section 34c, as inserted by this Act, the following sections:- "34D . T erm of appointment . ( 1) Subject to this Act, the person constituting the Authority or an assessor shall hold office for a term not exceeding three years as may be specified in the instrument of appointment , but is eligible ( if otherwise qualified) for re-appointment. (2) A person referred to in subsection ( 1) may at any time- (a) resign his appointment as such by writing under his hand given to the Minister; (b) be removed from his appointment as such by writing under the hand of the Minister given to him at the direction of the Governor in Council. (3) When a vacancy arises in an office referred to in subsection (1) before the expiration of the relevant term of appointment the Governor in Council shall upon notification published in the Gazette appoint another person recommended by the Minister to the vacant office. (4) Unless he sooner resigns or is removed from his office a person appointed under subsection (3) to fill a vacancy shall hold office until the time when his predecessor ' s term of office would have expired. 34E. Secretary to the Authority and other officers. (1) The Governor in Council may, from time to time, by notification published in the Gazette appoint a secretary to the Authority and such other officers as he thinks necessary for the effectual discharge of the Authority' s functions. (2) An officer of the Public Service of the State may be appointed under subsection ( 1) or may be assigned to perform duties on behalf of the Authority and may hold such appointment or perform such duties in conjunction with any other appointment he holds in the Public Service. 34F. Appeals to Authority . ( 1) Subject to subsection (3), a person may appeal to the Authority- (a) against a decision of a principal club made in relation to an appeal against a penalty imposed by or any other decision or order made by a steward; (b) against a decision of the principal club to revoke or to fail to renew a licence; (c) in circumstances where the Authority , in its absolute discretion, considers the matter to be of sufficient public interest to be heard. (2) Subject to section 34G (4), where- (a) a principal club refuses to hear an appeal from a penalty imposed by or any other decision or order made by a steward;

1476 Racing and Betting Act Amendment Act 1988, No. 101 or (b) within 6 weeks from the lodging of such an appeal no determination has been made by the principal club, it shall be deemed that the appeal has been dismissed. (3) Notwithstanding subsection (1), an appeal shall not lie to the Authority against- (a) any decision concerning the eligibility of any animal to race or the conditions upon which an animal can race; or (b) any disqualification or suspension of an animal from racing (except where that disqualification or suspension of the animal is in conjunction with a penalty imposed upon a person).". 7. New ss. 34G, 34H and 341. The Principal Act is amended by inserting after section 34F, as inserted by this Act, the following sections:- "34G. Institution of appeal. (1) An appeal made pursuant to section 34F shall be instituted within 14 days after the decision of the principal club is given- (a) by lodging with the secretary to the Authority written notice of appeal and the prescribed fee; and (b) by serving a copy of that notice on the principal club that made the decision. (2) A notice of appeal- (a) shall specify the grounds of appeal; and (b) if a form is prescribed-shall be in or to the effect of that form. (3) The time within which an appeal may be instituted may be extended at any time by the Authority. (4) Where an appeal is deemed to have been dismissed under section 34F (2) the Authority may, upon written application made by the principal club and lodged with the secretary, order that the time for consideration of the appeal by the principal club be extended and make such further order with respect to the adjournment or otherwise of the appeal to the Authority as it considers appropriate. 34H. Suspension or variation of decision pending determination of appeal. (1) The Authority may, upon written

Racing and Betting Act Amendment Act 1988, No. 101 1477 application made by an appellant and lodged with the secretary, order that the decision appealed against- (a) shall not be carried into effect; or (b) shall be carried into effect only to the extent specified in the order pending the determination of the appeal. (2) The Authority may impose conditions in any order made under subsection (1) and any such order shall be deemed not to be in force for any period during which a condition imposed by it under this subsection is not complied with. (3) Subject to subsection (2), an order made under subsection (1) shall be in force until the appeal to which it relates is dismissed, determined or withdrawn whichever occurs first. 341. Authority to hear appeal . (1) Subject to subsection (2), the Authority shall commence the hearing of an appeal as soon as practicable within 28 days of the lodging of the notice of appeal. (2) The Authority may, where in its opinion the special circumstances of a case so require, extend by order the period of time prescribed by subsection (1).". 8. New ss. 34.1, 34K and 34L . The Principal Act is amended by inserting after section 341, as inserted by this Act, the following sections:- "341. Hearing of appeals . (1) Subject to this Act, the Authority- (a) may regulate its own proceedings; and (b) is not bound by formal rules and practices as to evidence but may inform itself as to any matter in such manner as it thinks fit. (2) An appeal before the Authority shall- (a) be held in public at such place and time as is determined by the Authority; and (b) be by way of rehearing unless the Authority otherwise directs. (3) The Authority may of its own motion or on the application of any party to a proceeding before it direct the secretary to the Authority to issue and to serve on any person a summons to appear before the Authority to give evidence or to produce such documents as are specified in the summons and may make an order for the manner of service of the summons. (4) A person who without lawful excuse disobeys a summons of the Authority commits an offence against this Act. Penalty: 4 penalty units.

1478 Racing and Betting Act Amendment Act 1988, No. 101 (5) Evidence before the Authority- (a) shall be given orally unless the Authority gives leave to allow the evidence to be given in writing or partly orally and partly in writing; and (b) shall be given on oath. (6) The person constituting the Authority- (a) is hereby empowered to administer an oath or, as the case may be, to take and receive an affirmation or declaration for the purpose of receiving evidence; and (b) may require that any evidence in an appeal be heard before the Authority sitting with the two assessors. (7) Each principal club which has been served with a copy of the notice of appeal shall be a party to the appeal. (8) All parties to an appeal shall be present at the hearing of the appeal but each may be represented by a duly qualified legal practitioner or, with the approval of the Authority, by any other person but nothing in this subsection shall prevent the Authority from hearing an appeal or making any determination or order in the absence of any person who after having been served with notice of the date and place of the hearing fails to attend at a hearing. (9) (a) Each party to an appeal shall pay his own costs except where the Authority is of the opinion that this would be unjust in which case the Authority may make such order as to costs as it thinks fit. (b) An order of the Authority for payment of an amount of money as costs shall, upon the filing of the prescribed documents in the registry of a court of competent jurisdiction, be deemed to be a judgment of that court for the payment of that amount in accordance with the order of the Authority. (c) For the purposes of paragraph (b), the prescribed documents are- (i) a copy of the order of the Authority certified by the secretary to the Authority to be a true copy; and (ii) an affidavit by the person to whom the money was ordered to be paid specifying the amount unpaid under the order. (10) No appeal duly lodged shall be withdrawn except with the leave of the Authority which, in granting any such leave, may impose such conditions as to the payment of costs or otherwise as the Authority considers appropriate. 34K. Powers of Authority on appeal . (1) The Authority upon hearing an appeal may- (a) set aside the penalty, decision or order of the principal club or vary the penalty, decision or order in such a way as the Authority thinks just;

Racing and Betting Act Amendment Act 1988, No. 101 1479 or (b) dismiss the appeal. (2) The decision of the Authority shall be final and conclusive. 34L. Parties to comply with Authority's determination. The parties to an appeal under this Division shall comply with any decision, order (including an order as to a penalty or costs) or direction of the Authority made on the appeal.". 9. Repeal of and new s . 115H. Effect of appeal on suspension etc. The Principal Act is amended by repealing section 115H and substituting the following section:- "115x. Suspension or variation of decision pending determination of appeal. (1) The Tribunal may, upon written application made by an appellant and lodged with the secretary, order that the decision appealed against- (a) shall not be carried into effect; or (b) shall be carried into effect only to the extent specified in the order pending the determination of the appeal. (2) The Tribunal may impose conditions in any order made under subsection (1) and any such order shall be deemed not to be in force for any period during which a condition imposed by it under this subsection is not complied with. (3) Subject to subsection (2), an order made under subsection (1) shall be in force until the appeal to which it relates is dismissed, determined or withdrawn whichever occurs first.". 10. Repeal of s. 115M. Fund liable for expenses etc. of Tribunal. The Principal Act is amended by repealing section 115m. 11. Amendment of s. 116 . Establishment of Fund. Section 116 of the Principal Act is amended by omitting from subsection (5) (b) the words "costs and expenses incurred in administering the Fund" and substituting the words "prescribed costs and expenses of administering this Act". 12. Amendment of s. 228A. Inspection , removal, sampling, analysis. Section 228A of the Principal Act is amended- (a) by omitting subsections (4), (5) and (6) and substituting the following subsections:- "(4) An authorised officer may engage any suitably qualified person to assist him in the discharge of his functions or in the exercise of his powers under this section and a person so assisting shall for the purposes for which he was engaged have all the functions and powers of an authorised officer under this section. (5) An authorised officer and any person engaged by him pursuant to subsection (4) may employ the services of a veterinary surgeon, steward, swab attendant and such other person as may

1480 Racing and Betting Act Amendment Act 1988, No. 101 be convenient for the purpose of taking samples pursuant to this section at a racing venue at which a meeting or trial is being conducted. (6) A person who takes a sample pursuant to subsection (3) shall seal and mark the sample and deliver it for analysis in the prescribed manner."; (b) by omitting subsection (9); (c) by renumbering subsection (10) as subsection (9); (d) in subsection (9), as renumbered by this Act- (i) by omitting the expression ", fastening"; (ii) by omitting the words "subsection (4)" and substituting the words "subsection (6)". 13. Amendment of s. 254. Protection against liability . Section 254 of the Principal Act is amended- (a) by omitting from the end of paragraph (f) the expression "," and substituting the expression ";"; (b) by inserting after paragraph (f) the following paragraphs:- "(g) the Racing Appeals Tribunal; (h) the Galloping Appeals Authority; (i) an assessor to the Galloping Appeals Authority,". 14. Amendment of s. 257. Regulations . Section 257 of the Principal Act is amended- (a) in subsection (1)- (i) by omitting from paragraph (m) (iii) provisions (A), (B) and (C) and substituting the following provisions:- "(A) to the Fund to defray the prescribed costs and expenses of administering this Act; (B) to clubs; (C) to control bodies and other persons or bodies to defray the cost of administering the racing industry; and (D) to other persons or bodies to further the interests of the racing industry;"; (ii) by inserting in subparagraph (yb) after the words "of marking" the words "and sealing"; (b) by inserting at the end of the section the following subsection:- "(4) A regulation made under the powers conferred by subsection (1) (ya), (yb) or (yd) may provide that any process, procedure, step or other matter with respect to the taking,

Racing and Betting Act Amendment Act 1988, No. 101 1481 marking, sealing or delivery of a sample be approved by the Racing Codes Advisory Board.".