Racing Appeals Tribunal Act 1983 Racing Appeals Tribunal Amendment (Decisions of Board) Regulation 1998 (1998-396) [GG No 110 of 17.7.1998, p 5594] (NSW)

New South Wales

under the

Racing Appeals Tribunal Act 1983

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Racing Appeals Tribunal Act 1983.

Bob Martin
Acting Minister for Gaming and Racing

The objects of this Regulation are:

(a)	to specify the decisions of the NSW Thoroughbred Racing Board from which an appeal lies to the Racing Appeals Tribunal, and
(b)	to update certain references.

This Regulation is made under the Racing Appeals Tribunal Act 1983, including sections 15 and 18 (regulations with respect to appeals) and section 23 (the general regulation-making power).

Published in Gazette No 110 of 17 July 1998, page 5594 Page 1

1998 No 396

Clause 1 Racing Appeals Tribunal Amendment (Decisions of Board) Regulation 1998

This Regulation is the Racing Appeals Tribunal Amendment

(Decisions of Board) Regulation 1998.

2 Commencement

This Regulation commences on 17 July 1998.

mendment of Racing Appeals Tribunal Regulation 1994

The Racing Appeals Tribunal Regulation 1994 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

Racing Appeals Tribunal Amendment (Decisions of Board) Regulation 1998

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3 )

[1]        Clause 4

Omit the clause. Insert instead:

4 Definitions

In this Regulation:

Appeal Panel means the Appeal Panel under the

Thoroughbred Racing Board Act 1996.

Board means the NSW Thoroughbred Racing Board.

Secretary means:

(a)	the Chief Executive of the Board, or
(b)	an officer of the Board, or an officer of a Department administered by the Minister, designated by the Minister as Secretary of the Tribunal.

the Act means the Racing Appeals Tribunal Act 1983.

the Rules means the Rules of Racing under the
Thoroughbred Racing Board Act 1996.

[2]        Clause 6 Procedure for initiating and hearing appeals

Insert “or (c)" after "section 15 (a)" in clause 6 (1) (a).

[3]        Clauses 13 and 15

Insert "or the Board" after "Appeal Panel" wherever occurring in clauses 13 ( 1 ) and 15 (c).

Omit clause 14 (1). Insert instead:

(1)	In the case of an appeal made under section 15 (a) or (b) of the Act, an appeal may be made to the Tribunal only in respect of a decision:
( a ) to disqualify or warn off a person, or

Racing Appeals Tribunal Amendment (Decisions of Board) Regulation 1998

Schedule 1 Amendments

to suspend for a period of 3 months or more any licence, right or privilege granted under the Rules, or

to revoke the licence of	any person under the
Rules, or
to impose on any person a	fine of $2,000 or more,
or
to disqualify a horse, if the disqualification is
made in conjunction with the imposition of a
penalty on the appellant or any other person.

(1A)

In the case of an appeal made under section 15 (c) of the Act, an appeal may be made to the Tribunal only in respect of a decision:

(a)	to disqualify or warn off a person, or
(b)	to suspend any licence, right or privilege granted under the Rules, or
(c)	to impose on any person a fine of $100 or more.

Insert "or (1A)” after “ (1 )” .