An Act to constitute a Racing Appeals Tribunal to hear appeals from certain decisions of the Appeal Panel under the Thoroughbred Racing Act 1996; and for other purposes.
long title: Am 1996 No 37, Sch 2.5 [1]; 1997 No 24, Sch 2.4 [1]; 2004 No 23, Sch 2.1 [1].
Part 1 Preliminary
1 Name of Act
This Act may be cited as the Racing Appeals Tribunal Act 1983.
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 (Repealed)
s 3: Rep 1999 No 31, Sch 5.88.
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:Appeal Panel means the Appeal Panel under the Thoroughbred Racing Act 1996.assessor means a person appointed as an assessor of the Tribunal under section 8A.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.racing association has the meaning given by the Thoroughbred Racing Act 1996.Racing NSW means Racing New South Wales.regulation means a regulation made under this Act.Tribunal means the Racing Appeals Tribunal constituted by this Act.(2) In this Act, a reference to:(a) a function includes a reference to a power, authority and duty, and(b) the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.s 4: Am 1985 No 35, Sch 1 (1); 1989 No 59, Sch 1 (1); 1996 No 37, Sch 2.5 [2] [3]; 1996 No 121, Sch 4.43; 1997 No 24, Sch 2.4 [2]–[4]; 2004 No 23, Sch 2.1 [1]–[3].
Part 2 Constitution of Racing Appeals Tribunal
5 Racing Appeals Tribunal
There is hereby constituted a tribunal under the name of the “Racing Appeals Tribunal”.
6 Appointment of Tribunal
The Minister may, upon the recommendation of the Attorney General, appoint a qualified person as the Tribunal.
7 Appointment of acting Tribunal
(1) The Minister may from time to time, upon 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,(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 the circumstances described in paragraph (a), but to act only during the illness or absence of the person appointed to act as the Tribunal under paragraph (a).(2) A qualified person while acting as the Tribunal shall be deemed to be the Tribunal.(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 shall not sit on the same appeal.s 7: Subst 1986 No 16, Sch 12. Am 2004 No 23, Sch 2.1 [4].
8 Harness Racing Appeals Tribunal may be appointed as Tribunal
Nothing in this or any other Act prevents a person from holding office as, or acting as, the Tribunal and at the same time holding office as, or acting as, the Harness Racing Appeals Tribunal constituted by the Harness Racing Act 2002.s 8: Am 1985 No 35, Sch 1 (2); 1996 No 90, Sch 2.11; 2002 No 39, Sch 5.8.
8A Appointment of assessors
The Minister may, for the purposes of this Act, appoint persons who, in the opinion of the Minister, have special knowledge of, and experience in, the racing industry to be assessors of the Tribunal.s 8A: Ins 1985 No 35, Sch 1 (3).
8B 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 shall not adjudicate on any matter before the Tribunal.s 8B: Ins 1985 No 35, Sch 1 (3).
9 (Repealed)
s 9: Subst 1985 No 35, Sch 1 (4). Rep 1989 No 59, Sch 1 (2).
10 Term of office
Subject to this Act, a person appointed as:(a) the Tribunal, orshall 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.(b) an assessor,s 10: Subst 1985 No 35, Sch 1 (4).
11 Effect of appointment of a judge as the Tribunal
(1) The appointment of a person who is a judge of any court as, or to act as, the Tribunal shall not, nor shall the person’s service as the Tribunal, affect the person’s tenure of the office of judge of that court or the person’s rank, title, status, precedence, salary or other rights or privileges as a holder of that office.(2) A judge of any court may, notwithstanding that he or she holds office as, or acts as, the Tribunal, exercise the functions of a judge of that court.(3) The service, as the Tribunal, of a judge of any court shall, for all purposes, be taken to be service as a judge of that court.s 11: Am 1985 No 35, Sch 1 (5).
12 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.s 12: Subst 1985 No 35, Sch 1 (6).
13 Vacation of office
(1) A person (being a judge of any court) holding office as the Tribunal shall be deemed 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 shall be deemed to have vacated that office if the person:(a) dies,(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 for their benefit,(c) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act,(d) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or upwards, or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable,(e) resigns that office by instrument in writing addressed to the Minister, or(f) (Repealed)(g) is removed from office by the Minister under subsection (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.s 13: Am 1985 No 35, Sch 1 (7); 1989 No 59, Sch 1 (3).
14 Effect of certain other Acts
(1) The Public Service Act 1979 does not apply to or in respect of the appointment of:(a) a person as, or to act as, the Tribunal, orand 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.(b) an assessor,(2) The office of the Tribunal shall for the purposes of any Act be deemed not to be an office or place of profit under the Crown.s 14: Am 1985 No 35, Sch 1 (8).
Part 3 Appeals to Tribunal
15 Appeals to Tribunal
(1) A person who is aggrieved by any of the following decisions may, in accordance with the regulations, appeal against the decision to the Tribunal:(a) a decision of the Appeal Panel on an appeal under the Thoroughbred Racing Act 1996,(b) a decision of a racing association on an appeal heard by virtue of a delegation of Racing NSW under the Thoroughbred Racing Act 1996,(c) a decision in respect of which an appeal is made to the Appeal Panel or a racing association under the Thoroughbred Racing Act 1996 but that the Appeal Panel or racing association neglects or refuses to hear and determine,(d) a decision of Racing NSW.(2) Racing NSW may, in accordance with the regulations, appeal to the Tribunal against the following decisions:(a) a decision of the Appeal Panel on an appeal under the Thoroughbred Racing Act 1996,(b) a decision of a racing association on an appeal heard by virtue of a delegation by Racing NSW under the Thoroughbred Racing Act 1996,(c) a decision in respect of which an appeal is made to the Appeal Panel or a racing association under the Thoroughbred Racing Act 1996 but that the Appeal Panel or racing association neglects or refuses to hear and determine.s 15: Am 1996 No 37, Sch 2.5 [4] [5]; 1997 No 24, Sch 2.4 [5]–[7]; 1998 No 66, Sch 2 [1]. Subst 2004 No 23, Sch 2.1 [5].
16 Procedure on appeal
(1) An appeal to the Tribunal is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the decision appealed against was made, may be given on the appeal.(2) Proceedings on an appeal are to be held as in open court before the Tribunal.s 16: Subst 2004 No 23, Sch 2.1 [6].
16A Persons required to attend hearings or produce documents
(1) The Tribunal may, by written notice served on any person, require the person to attend at a time, date and place specified in the notice for the purpose of:(a) giving evidence relating to an appeal being heard or to be heard by the Tribunal, or(b) producing any document, relating to such an appeal, specified in the notice that is in the person’s possession or under the person’s control.(2) A person who is served with a notice under this section must not, without reasonable excuse, fail or refuse to comply with the requirements of the notice.Maximum penalty: 5 penalty units.(3) A person who is served with a notice under this section is to be given at the time of service an amount sufficient to cover the travelling and any other expenses likely to be incurred by the person in attending at the time, date and place specified in the notice.s 16A: Ins 2004 No 23, Sch 2.1 [6].
17 Determination of appeal
(1) The Tribunal may do any of the following in respect of an appeal:(a) dismiss the appeal,(b) confirm the decision appealed against or vary the decision by substituting any decision that could have been made by the Appeal Panel, the racing association or Racing NSW (as the case requires),(c) refer any matter relating to the decision appealed against to the Appeal Panel, the racing association or Racing NSW for rehearing (in accordance with directions given by the Tribunal),(d) make such other order in relation to the disposal of the appeal as the Tribunal thinks fit.(2) The decision of the Tribunal is final and is taken (except for the purposes of an appeal against the decision under this Act or the Thoroughbred Racing Act 1996) to be the decision of the Appeal Panel, the racing association or Racing NSW (as the case requires).s 17: Subst 1996 No 37, Sch 2.5 [6]; 2004 No 23, Sch 2.1 [7].
18 Regulations respecting appeals
(1) The regulations may make provision for or with respect to appeals to the Tribunal under this Act and, in particular, for or with respect to:(a) the procedures to be followed at or in connection with any appeals under this Act,(b) the suspension of a decision appealed against under this Act pending the determination of the appeal,(c) the payment of fees and costs in respect of appeals under this Act, and(d) any matters incidental to or connected with appeals under this Act.(2) Without affecting the generality of subsection (1), 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.
Part 4 Miscellaneous
19 Staff to assist Tribunal
(1) For the purposes of this Act, the Tribunal may, with the approval of the Minister, make use of the services of:(a) any officers or servants of Racing NSW, or(b) any officers or temporary employees of a Department administered by the Minister.(2) The Minister may, by order in writing, direct Racing NSW to make available for the use of the Tribunal, in such manner as may be specified in the order, the services of any officers or servants of Racing NSW.(3) Racing NSW shall not fail or refuse to comply with an order under subsection (2).Maximum penalty (subsection (3)): 5 penalty units.s 19: Am 1992 No 112, Sch 1; 1996 No 37, Sch 2.5 [7]–[9]; 1997 No 24, Sch 2.4 [8]; 2004 No 23, Sch 2.1 [8].
20 Expenses of Tribunal
(1) Unless the Minister otherwise determines, the expenses (including remuneration payable under section 12) incurred by the Tribunal in the exercise of the functions of the Tribunal under this Act shall be met by Racing NSW.(2) If Racing NSW fails to meet any expenses it is required to meet under subsection (1), the Minister may recover the amount of those expenses from Racing NSW as a debt in any court of competent jurisdiction.s 20: Am 1997 No 24, Sch 2.4 [8]; 2004 No 23, Sch 2.1 [8].
21 Service of instruments
Any instrument to be served on any person under this Act or the regulations may be served:(a) personally, or(b) by leaving it, at the place of residence or business of the person last known to the person serving the instrument, with some other person apparently over the age of 16 years, or(c) by post addressed to the person at the place of residence or business of the person last known to the person serving the instrument.s 21: Rep 1985 No 35, Sch 1 (9). Ins 2004 No 23, Sch 2.1 [9].
22 Proceedings for offences
Proceedings for an offence against this Act or the regulations may be taken before a Local Court constituted by a Magistrate sitting alone.s 22: Am 1985 No 35, Sch 1 (10).
23 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) A regulation may impose a penalty not exceeding 5 penalty units for any contravention thereof.(3) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, oror may do any combination of those things.(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,s 23: Am 1992 No 112, Sch 1.
24 Savings and transitional provisions
Schedule 1 has effect.s 24: Ins 1998 No 66, Sch 2 [2].
Schedule 1 Savings and transitional provisions
(Section 24)
1 Savings and transitional regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:(2) A provision of a regulation authorised by this clause may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.(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.
2 Pending appeals
The amendment made by Schedule 2 [1] to the Thoroughbred Racing Board Amendment Act 1998 applies to decisions that the Board makes before or after the commencement of that amendment, other than those in respect of which an appeal is pending immediately before the commencement.
3 Amendments made by Thoroughbred Racing Legislation Amendment Act 2004
(1) Section 15, as in force immediately before its substitution by the Thoroughbred Racing Legislation Amendment Act 2004, continues to apply in respect of decisions referred to in that section that were made before that substitution.(2) The provisions of Part 3 of this Act, and the regulations made under Part 3, continue to apply in respect of an appeal made to the Tribunal before the commencement of an amendment made to those provisions by the Thoroughbred Racing Legislation Amendment Act 2004 as if the amendment had not been enacted.(3) The amendments made to clause 1 of this Schedule by the Thoroughbred Racing Legislation Amendment Act 2004 do not affect the operation of any regulations made under that clause before the commencement of those amendments.
sch 1: Ins 1998 No 66, Sch 2 [3]. Am 2004 No 23, Sch 2.1 [10]–[12].