TOTALISATOR LICENSING AND REGULATION (ARBITRATION) REGULATIONS 2000

NORTHERN TERRITORY OF AUSTRALIA TOTALISATOR LICENSING AND REGULATION (ARBITRATION) REGULATIONS 2000 As in force at 14 April 2020 Table of provisions 1 Citation ............................................................................................ 1 2 Definitions ........................................................................................ 1 3 Commencement of arbitration ......................................................... 1 4 Preliminary investigation .................................................................. 2 5 Arbitration ........................................................................................ 2 6 Resolution by agreement ................................................................. 2 7 Determination by arbitrator .............................................................. 3 8 Costs of parties................................................................................ 3 9 Arbitrator: powers ............................................................................ 3 10 Arbitrator: costs and assistance....................................................... 4 11 Procedural fairness.......................................................................... 4 12 Informality of procedures ................................................................. 4 13 Representation of parties ................................................................ 4 14 Proceedings not open to public ....................................................... 4 15 Offences relating to provision of information.................................... 5 16 Offences relating to obstruction etc. of arbitrator ............................. 5 17 Preservation of confidentiality .......................................................... 6 ENDNOTES -- 1 of 10 -- -- 2 of 10 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 14 April 2020 ____________________ TOTALISATOR LICENSING AND REGULATION (ARBITRATION) REGULATIONS 2000 Regulations under the Totalisator Licensing and Regulation Act 2000 1 Citation These Regulations may be cited as the Totalisator Licensing and Regulation (Arbitration) Regulations 2000. 2 Definitions In these Regulations, unless the contrary intention appears: arbitrator, in relation to an arbitration proceeding, means the person appointed under section 76 of the Act to be the arbitrator of the dispute the subject of the arbitration. party, in relation to an arbitration proceeding, means the Director or the licensee with whom the dispute the subject of the arbitration arises. President of the Law Society means the President of the Law Society Northern Territory as established by section 635 of the Legal Profession Act 2006. 3 Commencement of arbitration (1) If a dispute as to what constitutes compliance with a term or condition of the licensee's licence arises between the Director and the licensee and the Director or the licensee requires that the dispute be resolved by arbitration, the Director or licensee must in writing: (a) notify the other party of the requirement; and (b) request, in writing, the President of the Law Society to appoint an arbitrator. (2) On receiving the request, the President of the Law Society must appoint a person who in the opinion of the President is qualified to conduct arbitration proceedings to be the arbitrator of the dispute between the Director and the licensee and give written notification -- 3 of 10 -- Totalisator Licensing and Regulation (Arbitration) Regulations 2000 2 of the appointment to the parties of the arbitration. 4 Preliminary investigation (1) Within 14 days of the date of notification of the appointment of the arbitrator under regulation 3, each party must give the arbitrator a written statement setting out the nature of the dispute. (2) The written statement is to identify the issues that are to be resolved and include facts and evidence relied on to substantiate the party's position. (3) As soon as possible after receiving the statements of both parties, the arbitrator must set the time and date when and the place where the arbitration proceedings will be held. (4) The arbitrator must notify the parties of the time and date when and the place where the arbitration proceedings will be held. (5) In notifying the parties under subregulation (4), the arbitrator must give each party at least 14 days notice of the time and date when the arbitration proceedings will be held. 5 Arbitration (1) Each party is to present its case by making oral submissions in respect of the dispute based on the statement given to the arbitrator under regulation 4. (2) Unless the arbitrator agrees otherwise, the party who requested the appointment of the arbitrator is to present its case first. (3) The arbitrator may adjourn arbitration proceedings until another time and, if appropriate, another date. (4) The arbitrator may commence and conduct proceedings in the absence of a party who was given notice of the proceedings under regulation 4 but fails to attend without reasonable excuse. 6 Resolution by agreement (1) If a dispute that is being arbitrated is resolved or partly resolved by an agreement made between the parties before the determination of the arbitration, the parties must inform the arbitrator without delay. (2) On being informed of the agreement, the arbitrator must record the terms of the agreement, have the agreement signed by the parties and ensure that each party receives a copy of the agreement. -- 4 of 10 -- Totalisator Licensing and Regulation (Arbitration) Regulations 2000 3 (3) If the effect of the agreement is to resolve the dispute, the arbitration ceases on the parties signing the agreement. (4) If the effect of the agreement is to resolve only some of the issues of the dispute, on the parties signing the agreement the arbitration continues in respect of the issues of the dispute that have not been resolved. 7 Determination by arbitrator (1) The arbitrator must complete his or her determination of the arbitration of a dispute and give a copy of his or her determination to each party within 28 days after the conclusion of the arbitration proceedings. (2) The Director must retain a record of the determination. (3) The determination is not to be made available to a member of the public to read or copy. 8 Costs of parties Each party to a dispute must pay its own costs in respect of the arbitration of the dispute. 9 Arbitrator: powers The arbitrator may: (a) request in writing a person (who may or may not be a party) to attend arbitration proceedings; or (b) request a person (who may or may not be a party) to answer truthfully questions put by him or her or a party or to make submissions that are relevant to the resolution of the dispute; or (c) request a person mentioned in paragraph (b) to take an oath to answer truthfully all such questions; or (d) request a person (who may or may not be a party) to produce a specified document or provide specified information in writing to the arbitrator relevant to the resolution of the dispute; or (e) request a person referred to in paragraph (d) to produce a document or provide information within a specified time; or -- 5 of 10 -- Totalisator Licensing and Regulation (Arbitration) Regulations 2000 4 (f) copy or take extracts from a document or information referred to in paragraph (d) and retain possession of the document or information for as long as is reasonably necessary to do so. 10 Arbitrator: costs and assistance (1) The costs of the arbitrator are to be paid by the parties of the arbitration in equal shares. (2) The Agency administering the Act must provide the arbitrator with the assistance of an administrative nature as he or she requires in conducting the arbitration. (3) A person who assists the arbitrator is subject to the direction of the arbitrator. 11 Procedural fairness In arbitrating a dispute, an arbitrator is to have regard to the principles of procedural fairness. 12 Informality of procedures In arbitrating a dispute, an arbitrator: (a) must proceed with as little formality and technicality and as expeditiously as the requirements of these Regulations and the proper consideration of the dispute permits; and (b) is not bound by the rules of evidence but may inform himself or herself of any matter in any manner that he or she considers appropriate. 13 Representation of parties A party to an arbitration may: (a) attend before the arbitrator personally; (b) if a body corporate – be represented before the arbitrator by a director, officer, member or employee; or (c) with the agreement of the arbitrator – be represented before the arbitrator by another person (who may be a legal practitioner). 14 Proceedings not open to public A person who is not: (a) a party to an arbitration; -- 6 of 10 -- Totalisator Licensing and Regulation (Arbitration) Regulations 2000 5 (b) a person representing a party to an arbitration; (c) a person, who the arbitrator has requested to attend and to answer questions put by the Director or by a party to the hearing, while being questioned; (d) a person, who the arbitrator has requested to produce a document or provide information, in writing while producing the document or providing the information; (e) the arbitrator; or (f) a person assisting the arbitrator, may not be present at any of the proceedings of an arbitration. 15 Offences relating to provision of information A person must, in the absence of reasonable excuse (proof of which lies on the person), comply with a request of the arbitrator that the person: (a) attend before him or her; or (b) take an oath to answer truthfully all questions relevant to the resolution of the dispute put by the arbitrator or a party; or (c) answer truthfully questions put by the arbitrator or a party that are relevant to the resolution of the dispute; or (d) produce a specified document or provide specified information in writing to the arbitrator relevant to the resolution of the dispute; or (e) produce a document or provide information referred to in paragraph (d) within a specified time. Maximum penalty: 50 penalty units. 16 Offences relating to obstruction etc. of arbitrator A person must not without reasonable excuse (proof of which lies on the person) obstruct, hinder, resist or improperly influence an arbitrator when exercising a power or performing a function for the purposes of the arbitration of a dispute. Maximum penalty: 100 penalty units. -- 7 of 10 -- Totalisator Licensing and Regulation (Arbitration) Regulations 2000 6 17 Preservation of confidentiality A person must not record, disclose or use information about another person's affairs gained by the person in the course of arbitration proceedings under these Regulations or because of an opportunity provided by being involved in the administration of these Regulations unless for the purposes of the Act, regulations made under the Act or the Rules. Maximum penalty: 100 penalty units. -- 8 of 10 -- ENDNOTES Totalisator Licensing and Regulation (Arbitration) Regulations 2000 7 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Totalisator Licensing and Regulation (Arbitration) Regulations (SL No. 28, 2000) Notified 16 June 2000 Commenced 16 June 2000 Statute Law Revision Act 2002 (Act No. 18, 2002) Assent date 7 June 2002 Commenced 7 June 2002 Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007) Assent date 17 May 2007 Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3); rem: 17 May 2007 Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010) Assent date 18 November 2010 Commenced 1 February 2011 (Gaz S6, 1 February 2011) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014) Assent date 5 December 2014 Commenced 1 January 2015 (Gaz S130, 19 December 2014, p 2) Licensing (Director-General) Repeal Act 2020 (Act No. 4, 2020) Assent date 9 March 2020 Commenced 14 April 2020 (Gaz G13, 1 April 2020, p 2) -- 9 of 10 -- ENDNOTES Totalisator Licensing and Regulation (Arbitration) Regulations 2000 8 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2. 4 LIST OF AMENDMENTS r 2 amd Act No. 18, 2002, s 7; Act No. 7, 2007, s 16; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 3 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 7 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 9 amd Act No. 40, 2010, s 202 r 14 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 15 amd Act No. 38, 2010, s 3; Act No. 40, 2010, s 202 rr 16 – 17 amd Act No. 38, 2010, s 3 -- 10 of 10 --