Racing (Racing Integrity Assurance) Regulations 2010

i Racing (Racing Integrity Assurance) Regulations 2010 S.R. No. 12/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 2 4 Revocation 2 5 Definition 2 6 Appeal to Racing Appeals and Disciplinary Board 2 7 Details in respect of serious offence charges 2 8 The register 3 9 Summons 4 __________________ SCHEDULE 1 5 Form 1—Appeal to the Racing Appeals and Disciplinary Board 5 Form 2—Summons to Appear 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2010 S.R. No. 12/2010 Racing Act 1958 Racing (Racing Integrity Assurance) Regulations 2010 The Governor in Council makes the following Regulations: Dated: 23 February 2010 Responsible Minister: ROB HULLS Minister for Racing TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these regulations is to— (a) prescribe forms for the purposes of racing appeals and disciplinary hearings; (b) prescribe particulars of appeals lodged with, and offences heard by, the Racing Appeals and Disciplinary Boards that are to be recorded in the register; (c) prescribe any other matters required for the purposes of Parts IIA to IIIBA of the Racing Act 1958. 2 Authorising provisions These Regulations are made under sections 50R, 83OC and 83OG of the Racing Act 1958. -- 2 of 9 -- S.R. No. 12/2010 Racing (Racing Integrity Assurance) Regulations 2010 2 3 Commencement These Regulations come into operation on 1 March 2010. 4 Revocation The following Regulations are revoked— (a) the Racing (Racing Appeals Tribunal) Regulations 2005 1 ; (b) the Racing (Racing Appeals Tribunal) (Amendment) Regulations 2006 2 . 5 Definition In these Regulations— the Act means the Racing Act 1958. 6 Appeal to Racing Appeals and Disciplinary Board For the purposes of sections 50J and 83J of the Act, the prescribed form of appeal is Form 1 in Schedule 1. 7 Details in respect of serious offence charges For the purposes of sections 50M and 83M of the Act, a person charged with a serious offence under the rules must be given the following prescribed details in respect of the charge— (a) the name of the person who is charged; (b) whether the appeal relates to harness racing or greyhound racing; (c) the charge number, if there is more than one charge; (d) the number and details of the rule setting out the serious offence under which the charge is laid; r. 3 -- 3 of 9 -- S.R. No. 12/2010 Racing (Racing Integrity Assurance) Regulations 2010 3 (e) the particulars of the charge; (f) whether the charge will be heard by the HRV Racing Appeals and Disciplinary Board or the GRV Racing Appeals and Disciplinary Board; (g) the date the person was charged; (h) the signature, name and authority of the person that charged the person with a serious offence. 8 The register For the purposes of section 83OF(1)(a) of the Act, the register is in the prescribed form if it contains the following particulars— (a) in respect of appeals lodged with and determined by the Racing Appeals and Disciplinary Boards— (i) the hearing number and year of appeal; (ii) the dates of the appeal hearing; (iii) whether the appeal relates to harness racing, greyhound racing or horse racing; (iv) the name of the appellant; (v) the rules under which the penalty being appealed was imposed; (vi) the particulars of the charge; (vii) the penalty imposed on the person; (viii) the grounds of appeal; (ix) the determination made by the relevant Racing Appeals and Disciplinary Board; r. 8 -- 4 of 9 -- S.R. No. 12/2010 Racing (Racing Integrity Assurance) Regulations 2010 4 (b) in respect of serious offences heard and determined by the Racing Appeals and Disciplinary Boards— (i) the hearing number and year of appeal; (ii) the dates of the hearing; (iii) whether the hearing relates to harness racing, greyhound racing or horse racing; (iv) the name of the person charged; (v) the rules under which the person was charged with a serious offence; (vi) the particulars of the charge; (vii) the determination made by the relevant Racing Appeals and Disciplinary Board. 9 Summons For the purposes of section 83OF(1)(b) of the Act, the prescribed form of summons is Form 2 in Schedule 1. __________________ r. 9 -- 5 of 9 -- S.R. No. 12/2010 Racing (Racing Integrity Assurance) Regulations 2010 5 SCHEDULE 1 FORM 1 APPEAL TO THE RACING APPEALS AND DISCIPLINARY BOARD Regulation 6 Appeals to be lodged with: FAX: PHONE: Boards Registrar EMAIL: Address: Appeal notices must be lodged by 5 p.m. on the third day after the day the appellant receives notice of the decision Name of appellant: Address: Telephone: Fax: I give notice that I appeal against the decision and/or penalty imposed under the Rules of: *Harness Racing Victoria *Greyhound Racing Victoria On [date of decision] in Race No. [if applicable] at [racetrack/meeting] I [name] was found guilty under rule [rule under which penalty imposed] of a charge of [particulars of charge] And the following penalty was imposed: *fine of $ *AND/*OR *suspension/*disqualification of my licence for *days *weeks *months *years Commencing [date] and expiring [date] *AND/*OR *warning off Sch. 1 -- 6 of 9 -- S.R. No. 12/2010 Racing (Racing Integrity Assurance) Regulations 2010 6 I am appealing against the: *decision to impose a penalty and severity of the penalty *severity of the penalty and the grounds for my appeal are: *I do not wish to apply for a stay of the penalty imposed *I wish to apply for a stay of the penalty imposed on the following grounds Please note: Engagements booked for race meetings after the hearing date of an appeal are made on the understanding that suspensions, disqualifications or warnings off may take effect immediately should the appeal be unsuccessful and the appellant will be unable to fulfil the engagement. *I will be representing myself at the appeal *I will be represented at the appeal by: Name Address Telephone Signature of Appellant Date *Strike out whichever is inapplicable __________________ Sch. 1 -- 7 of 9 -- S.R. No. 12/2010 Racing (Racing Integrity Assurance) Regulations 2010 7 FORM 2 RACING APPEALS AND DISCIPLINARY BOARD SUMMONS TO APPEAR Regulation 9 To: Take notice that you are summoned to appear before the Racing Appeals and Disciplinary Board of: *Racing Victoria Limited *Harness Racing Victoria *Greyhound Racing Victoria in the *appeal/*hearing in the matter of: [name] at [address] on [date] at [time] a.m./p.m. Note: Failure to comply with a summons may result in a penalty. STATEMENT OF SERVICE I [name] declare that at [place] on [date] at [time] a.m./p.m. I served a true copy of this summons on [name of person being summoned] By [manner of service] Signed: Dated: *Strike out whichever is inapplicable ═══════════════ Sch. 1 -- 8 of 9 -- S.R. No. 12/2010 Racing (Racing Integrity Assurance) Regulations 2010 8 ENDNOTES 1 Reg. 4(a): S.R. No. 20/2005 as amended by S.R. No. 11/2006. 2 Reg. 4(b): S.R. No. 11/2006. Endnotes -- 9 of 9 --