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Racing (Racing Appeals Tribunal) (Amendment) Regulations 2006

S.R. No. 11/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Principal Regulations

4.Exceptional circumstances

5.Supply of transcript or records of hearing the subject of appeal

6.Stays of execution pending determination of appeals

7.Forms

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 11/2006

Racing Act 1958

Racing (Racing Appeals Tribunal) (Amendment) Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 14 February 2006

Responsible Minister:

JOHN PANDAZOPOULOS
Minister for Racing

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Racing (Racing Appeals Tribunal) Regulations 2005 to make further provision with respect to forms and procedures for appeals to the Tribunal.

2.Authorising provision

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

3.Principal Regulations

In these Regulations, the Racing (Racing Appeals Tribunal) Regulations 2005[1] are called the Principal Regulations.

4.Exceptional circumstances

In regulation 7(1) and (2) of the Principal Regulations, after "controlling body" insert


"or the horse racing appeals and disciplinary body (as the case requires)".

5.Supply of transcript or records of hearing the subject of appeal

For paragraph (a) of the definition of "relevant person or body" in regulation 9(4) of the Principal Regulations substitute

"(a)if the Notice of Appeal relates to an appeal under section 83K(1) or (2) of the Act, the Chairman of Stewards and—

(i)in the case of harness racing and greyhound racing, the appropriate controlling body;

(ii)in the case of horse racing, the horse racing appeals and disciplinary body;".

6.Stays of execution pending determination of appeals

(1)In regulation 10(1) of the Principal Regulations, for "or the appropriate controlling body" substitute ", the appropriate controlling body or the horse racing appeals and disciplinary body (as the case requires)".

(2)For regulation 10(2) of the Principal Regulations substitute

"(2)If an order is made under section 83KA(5) of the Act, the Registrar must deliver or send by post a notice in Form F to the person affected and—

(a)in the case of harness racing and greyhound racing, the appropriate controlling body;

(b)in the case of horse racing, the appropriate controlling body and the horse racing appeals and disciplinary body.".

7.Forms

(1)In Form A in the Principal Regulations, for "(insert name of Stewards or appropriate controlling body)" substitute "(insert name of Stewards, appropriate controlling body or horse racing appeals and disciplinary body)".

(2)In Form C in the Principal Regulations, for "(appropriate controlling body/Chairman of Stewards)" substitute "(appropriate controlling body/horse racing appeals and disciplinary body/Chairman of Stewards)".

(3)In Form E in the Principal Regulations—

(a)for "(appropriate controlling body/Chairman of Stewards)" substitute "(appropriate controlling body/horse racing appeals and disciplinary body/Chairman of Stewards)"; and

(b)for "(the Stewards/appropriate controlling body)" substitute "(the Stewards/appropriate controlling body/horse racing appeals and disciplinary body)".

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ENDNOTES


[1] Reg. 3: S.R. No. 20/2005.

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