Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001

i 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 ═══════════════ ENDNOTES 12 -- 1 of 13 -- 1 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. -- 2 of 13 -- S.R. No. 61/2001 Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 2 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.". r. 3 -- 3 of 13 -- S.R. No. 61/2001 Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 3 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) the decision of the controlling body on the appeal to that body against the penalty originally 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 r. 7 -- 4 of 13 -- S.R. No. 61/2001 Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 4 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 r. 10 -- 5 of 13 -- S.R. No. 61/2001 Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 5 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 r. 12 -- 6 of 13 -- S.R. No. 61/2001 Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 6 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 r. 14 -- 7 of 13 -- S.R. No. 61/2001 Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 7 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 r. 15 -- 8 of 13 -- S.R. No. 61/2001 Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 8 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)— -- 9 of 13 -- S.R. No. 61/2001 Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 9 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 r. 15 -- 10 of 13 -- S.R. No. 61/2001 Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 10 (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 Stewards and the offence/charge to which the penalty 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: r. 15 -- 11 of 13 -- S.R. No. 61/2001 Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 11 on (Steward) (date) will be heard by the Tribunal— at: (Place of Hearing) on: (date) at: (time) Dated: REGISTRAR.". ═══════════════ r. 15 -- 12 of 13 -- S.R. No. 61/2001 Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001 12 ENDNOTES 1 Reg. 4: S.R. No. 62/1994. Endnotes -- 13 of 13 --