Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 (Vic)

Racing (Racing Appeals Tribunal) (Amendment)

Regulations 2001

S.R. No. 61/2001

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	1
3.	Commencement	2
4.	Principal Regulations	2
5.	Definitions	2
6.	Notices of Appeal	2
7.	Content of register of appeals	3
8.	Supply of transcript or records of hearing	3
9.	Notices of Hearing	3
10.	Stays of execution	4
11.	Revocation of Regulation 12	4
12.	Substitution of Form A	4
13.	Substitution of Form B	5
14.	Substitution of Form D	6
15.	Insertion of new Forms E, F and G	7

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ENDNOTES 12

i

STATUTORY RULES 2001

S.R. No. 61/2001

Racing Act 1958

Racing (Racing Appeals Tribunal) (Amendment)

Regulations 2001

The Governor in Council makes the following Regulations:
Dated: 27 June 2001

Responsible Minister:

ROB HULLS

Minister for Racing

HELEN DOYE

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are—

(a) to amend the Racing (Racing Appeals Tribunal) Regulations 1994 to—

(i)  make further provision with respect to forms and procedures for appeals to the Tribunal;

(ii) amend the contents of the register; and

(b) to revoke regulation 12.

2. Authorising provision

These Regulations are made under section 83O of the Racing Act 1958.

Racing (Racing Appeals Tribunal) (Amendment) Regulations
2001

S.R. No. 61/2001 r. 3

3. Commencement

These Regulations come into operation on 1 July

2001.

4. Principal Regulations

In these Regulations, the Racing (Racing Appeals
Tribunal) Regulations 19941 are called the

Principal Regulations.

5. Definitions

In regulation 3 of the Principal Regulations, insert
the following definitions—

' "appellant" includes a Steward if the appeal is

under section 83KA of the Act;

"person affected" in relation to an appeal by a

Steward under section 83KA of the Act, means the person against whom the original penalty has been imposed;'.

6. Notices of Appeal

(1) Insert the following heading to regulation 4 of the

Principal Regulations—

"Notices of Appeal".

(2) At the end of regulation 4 of the Principal

Regulations insert—

"(2) An appeal under section 83KA of the Act

must be by Notice of Appeal by a Steward

and must be—

(a) in Form E; and

(b) delivered or sent by post to the Registrar.".

Racing (Racing Appeals Tribunal) (Amendment) Regulations
2001

r. 7 S.R. No. 61/2001

7. Content of register of appeals

In regulation 6 of the Principal Regulations—

(a)	in paragraph (d) after "penalty" omit ", decision or order";
(b)	in paragraph (h) for "costs.", substitute "costs;";
(c)	after paragraph (h) insert— "(i) if the appeal is by a Steward under

section 83KA of the Act—

(i)  the name of the person affected; and

(ii) body on the appeal to that body

the decision of the controlling imposed by the Steward.".

8. Supply of transcript or records of hearing

In regulation 8(3) of the Principal Regulations,
after "appellant" insert "and, if the appellant is a

Steward, one copy to the person affected".

9. Notices of Hearing

For regulation 9 of the Principal Regulations
substitute—

"9. Notices of Hearing

(1) The Registrar must within a reasonable

time before the hearing of an appeal
under section 83K of the Act deliver or
send by post to all parties to the appeal

a Notice of Hearing in Form B.

(2) The Registrar must within a reasonable

time before the hearing of an appeal
under section 83KA of the Act deliver
or send by post to all parties a Notice of

Racing (Racing Appeals Tribunal) (Amendment) Regulations
2001

S.R. No. 61/2001	r. 10
Hearing of Appeal by a Steward in Form G.".

10. Stays of execution

(1) Insert the following heading to regulation 11 of

the Principal Regulations—

"Stays of execution pending determination

of appeals".

(2) At the end of regulation 11 of the Principal

Regulations insert—

"(2) Where an order is made under section

83KA(5) of the Act, the Registrar must
deliver or send by post to the appropriate
controlling body and to the person affected a

notice in Form F.".

11. Revocation of Regulation 12

Regulation 12 of the Principal Regulations is revoked.

12. Substitution of Form A

In the Forms in the Principal Regulations, for

Form A substitute—

"FORM A

Regulation 4

Racing Act 1958

Racing (Racing Appeals Tribunal) Regulations 1994

RACING APPEALS TRIBUNAL

NOTICE OF APPEAL

To:  The Registrar

Racing Appeals Tribunal

Racing (Racing Appeals Tribunal) (Amendment) Regulations
2001

r. 12 S.R. No. 61/2001

I

(name)

of

(address)

give Notice that I appeal against the penalty imposed upon

me by—

on

(Stewards/Controlling body*) (date)

*Delete whichever is not applicable

Please state details of the penalty imposed upon you—

(penalty)

Please state details of the offence/charge for which you have been penalised—

(offence/charge)

I appeal on the following ground(s)—

1.

2.

3.

I do/do not* seek a stay of execution of the penalty imposed upon me.

*Delete whichever is not applicable

I enclose the sum of $250.00

Signed: (Appellant) Dated: ".

13. Substitution of Form B

Racing (Racing Appeals Tribunal) (Amendment) Regulations
2001

S.R. No. 61/2001 r. 14

In the Forms in the Principal Regulations, for

Form B substitute—

"FORM B

Regulation 9

Racing Act 1958

Racing (Racing Appeals Tribunal) Regulations 1994

RACING APPEALS TRIBUNAL

NOTICE OF HEARING

To:

(Appellant)

And to

(Controlling Body/Chairman Of Stewards)

Take notice that the hearing of the appeal lodged by

on

(Appellant) (date)

will be heard by the Tribunal—

at:

(place of hearing)

on:

(date)

at:

(time)

Dated:

REGISTRAR.".

14. Substitution of Form D

Racing (Racing Appeals Tribunal) (Amendment) Regulations
2001

r. 15 S.R. No. 61/2001

In the Forms in the Principal Regulations, for

Form D substitute—

"FORM D

Regulation 11

Racing Act 1958

Racing (Racing Appeals Tribunal) Regulations 1994

RACING APPEALS TRIBUNAL

STAY OF EXECUTION

To:

(Controlling Body or Chairman of Stewards)

Take notice that the

(Chairman/Deputy Chairman)

has granted

(Appellant)

a stay of the execution of the penalty imposed by

on

(Stewards or Controlling Body) (date)

Please state details of the penalty imposed on the Appellant and the offence/charge to which the penalty relates—

Dated:

REGISTRAR.".

15. Insertion of new Forms E, F and G

Racing (Racing Appeals Tribunal) (Amendment) Regulations
2001

S.R. No. 61/2001

In the Forms in the Principal Regulations, after

Form D insert—

"FORM E

Regulation 4

Racing Act 1958

Racing (Racing Appeals Tribunal) Regulations 1994

RACING APPEALS TRIBUNAL

NOTICE OF APPEAL BY A STEWARD

To:	The Registrar
Racing Appeals Tribunal
I

(Name of Steward)

of

(address)

give Notice that I appeal against the decision of

on

(Controlling Body) (date)

in relation to the penalty originally imposed by me on—

(name and address of person upon whom penalty originally imposed)

Please state details of the decision of controlling body against which you are appealing—

Please state details of the penalty imposed by you and the offence/charge to which the penalty relates—

I appeal on the following ground(s)—

Racing (Racing Appeals Tribunal) (Amendment) Regulations
2001

r. 15 S.R. No. 61/2001

1.

2.

3.

I do/do not* seek a stay of execution of the decision made by the controlling body.

*Delete whichever is not applicable

Signed: (Steward) Dated:

_______________

FORM F

Regulation 11

Racing Act 1958

Racing (Racing Appeals Tribunal) Regulations 1994

RACING APPEALS TRIBUNAL

STAY OF EXECUTION—APPEAL BY A

STEWARD

To:

(Controlling Body)

And to:

(person upon whom original penalty imposed)

Take notice that:

(Chairperson/Deputy Chairperson)

has granted

Racing (Racing Appeals Tribunal) (Amendment) Regulations
2001

S.R. No. 61/2001 r. 15

(Steward)

a stay of the execution of the following decision made by the

controlling body—

on

(Decision of the Controlling Body) (date)

Please state details of the original penalty imposed by the relates—

on

(date)

Dated:

REGISTRAR.

_______________

FORM G

Regulation 9

Racing Act 1958

Racing (Racing Appeals Tribunal) Regulations 1994

RACING APPEALS TRIBUNAL

NOTICE OF HEARING OF APPEAL BY A

STEWARD

To:

(Steward)

And to:

(Controlling Body)

And to:

(person upon whom original penalty has been imposed)

Take notice that the hearing of the appeal lodged by:

Racing (Racing Appeals Tribunal) (Amendment) Regulations
2001

r. 15 S.R. No. 61/2001

on

(Steward) (date)

will be heard by the Tribunal—

at:

(Place of Hearing)

on:

(date)

at:

(time)

Dated:

REGISTRAR.".

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Racing (Racing Appeals Tribunal) (Amendment) Regulations
2001

Endnotes

S. R. No. 61/2001

ENDNOTES

1 Reg. 4: S.R. No. 62/1994.