Version No. 003
Racing (Racing Appeals Tribunal) Regulations 1994
S.R. No. 62/1994
Version incorporating amendments as at 27 April 2004
table of provisions
RegulationPage
1
RegulationPage
1.Objectives
2.Authorising provision
3.Definition
4.Notices of Appeal
5.Exceptional circumstances
6.Content of Register of Appeals
7.Hearing of Appeal
8.Supply of transcript or records of hearing of Stewards and/or controlling body
9.Notices of Hearing
10.Summons to appear—Form C
11.Stays of execution pending determination of appeals
12.Revoked5
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FORMS
Form A—Notice of Appeal
Form B—Notice of Hearing
Form C—Summons to Appear
Form D—Stay of Execution
Form E—Notice of Appeal by a Steward
Form F—Stay of Execution—Appeal by a Steward
Form G—Notice of Hearing of Appeal by a Steward
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endNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 003
Racing (Racing Appeals Tribunal) Regulations 1994
S.R. No. 62/1994
Version incorporating amendments as at 27 April 2004
1
S.R. No. 62/1994
Racing (Racing Appeals Tribunal) Regulations 1994
1.Objectives
The objectives of these Regulations are to prescribe the remuneration and allowances for the Chairman and the Deputy Chairman, the form and content of the register of appeals and the forms and procedures for appeals to the Racing Appeals Tribunal consequent on the revocation of the Racing (Racing Appeals Tribunal) Regulations 1983[1].
2.Authorising provision
These Regulations are made under section 83O of the Racing Act 1958.
3.Definition
In these Regulations—
Reg. 3 def. of "appellant" inserted by S.R. No. 61/2001 reg.5.
"appellant" includes a Steward if the appeal is under section 83KA of the Act;
Reg. 3 def. of "person affected" inserted by S.R. No. 61/2001 reg.5.
"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;
"the Act" means the Racing Act 1958.
Reg. 4 (Heading) inserted by S.R. No. 61/2001 reg.6(1).
Reg. 4 amended by S.R. No. 61/2001 reg.6(2) (ILA s.39B(2)).
4.Notices of Appeal
r. 4
(1)An appeal under section 83K(1) or (2) of the Act must be by Notice of Appeal and must be—
(a)in Form A; and
(b)subject to regulation 5, delivered or sent by post to the Registrar; and
(c)accompanied by the sum of $250.
Reg. 4(2) inserted by S.R. No. 61/2001 reg.6(2).
(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.
5.Exceptional circumstances
(1)On being satisfied that exceptional circumstances exist, the Chairman or a Deputy Chairman may authorise an appellant to deliver or send a Notice of Appeal to the appropriate controlling body.
(2)The controlling body must, after receiving the Notice of Appeal, inform the Registrar of the fact and deliver or send the Notice of Appeal to the Registrar.
6.Content of Register of Appeals
For the purposes of section 83J(2)(a) of the Act, the register is in the prescribed form if it sets out the following matters—
(a)the number of the appeal;
(b)date of receipt of Notice of Appeal;
(c)name of the appellant;
Reg. 6(d) amended by S.R. No. 61/2001 reg.7(a).
(d)penalty appealed against;
(e)date of hearing of the appeal by the Tribunal;
(f)determination of the appeal by the Tribunal;
(g)any direction of the Tribunal as to the sum of money lodged by the appellant;
Reg. 6(h) amended by S.R. No. 61/2001 reg.7(b).
(h)any order of the Tribunal as to costs;
Reg. 6(i) inserted by S.R. No. 61/2001 reg.7(c).
(i)if the appeal is by a Steward under section83KA 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.
7.Hearing of Appeal
r. 7
(1)Subject to sub-regulation (2) the Tribunal is to commence the hearing of an appeal as soon as practicable within 28 days of the date of receipt by the Registrar of Notice of Appeal.
(2)The Chairman may in a particular case extend the period of time prescribed by sub-regulation (1) if in his or her opinion there is good cause to do so.
8.Supply of transcript or records of hearing of Stewards and/or controlling body
(1)As soon as practicable after receiving Notice of Appeal the Registrar must request the Chairman of Stewards or the appropriate controlling body (or both) to provide the Registrar with 2 copies of the transcripts or other record of any hearings either or both of them may have held in relation to the appeal.
(2)A person of whom a request is made under sub-regulation (1) must comply with that request.
Reg. 8(3) amended by S.R. No. 61/2001 reg.8.
(3)On being provided with copies of any transcript or other record the Registrar shall forward one copy to the appellant and, if the appellant is a Steward, one copy to the person affected.
Reg. 9 substituted by S.R. No. 61/2001 reg.9.
9.Notices of Hearing
r. 9
(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 Hearing of Appeal by a Steward in Form G.
10.Summons to appear—Form C
(1)A summons to appear issued by the Registrar must be in Form C.
(2)On service of a copy of a summons the person effecting service must complete a declaration of service endorsed on the original.
Reg. 11 (Heading) inserted by S.R. No. 61/2001 reg.10(1).
Reg. 11 amended by S.R. No. 61/2001 reg.10(2) (ILA s.39B(2)).
11.Stays of execution pending determination of appeals
(1)Where an order is made under section 83K(7) of the Act, the Registrar must deliver or send by post to the Chairman of Stewards or the appropriate controlling body a notice in Form D.
Reg. 11(2) inserted by S.R. No. 61/2001 reg.10(2).
(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.
r. 11
Reg. 12 revoked by S.R. No. 61/2001 reg.11.
*****
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FORMS
Form A substituted by S.R. No. 61/2001 reg.12.
FORM A
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
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
Form A
Signed: (Appellant) Dated:
______
Form B substituted by S.R. No. 61/2001 reg.13.
FORM B
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.
______
FORM C
Form C
Regulation 10
Summons to Appear
To
(Name of person to whom summons is issued)
Take notice that you are summoned to appear before the Racing Appeals Tribunal in the appeal by
(name)
at
(address)
onata.m./p.m.
(date)(time)
Note—Failure to answer this Summons may result in the imposition of a penalty of $500.
DECLARATION OF SERVICE
I declare that at
(name)(place)
onata.m./p.m.
(date)(time)
I served a true copy of this summons on
(name of person being summoned)
by
(manner of service)
Dated:Signed:
______
Form D substituted by S.R. No. 61/2001 reg.14.
FORM D
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 theexecution 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.
______
Form E inserted by S.R. No. 61/2001 reg.15.
FORM E
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)—
1.
2.
3.
I do/do not* seek a stay of execution of the decision made by the controlling body.
Form E
*Delete whichever is not applicable
Signed: (Steward) Dated:
______
Form F inserted by S.R. No. 61/2001 reg.15.
FORM F
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
(Steward)
a stay of theexecution 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 inserted by S.R. No. 61/2001 reg.15.
FORM G
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:
on
(Steward) (date)
will be heard by the Tribunal—
at:
(Place of Hearing)
on:
(date)
at:
(time)
Dated:
REGISTRAR.
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endNOTES
1.General Information
Endnotes
The Racing (Racing Appeals Tribunal) Regulations 1994, S.R.No.62/1994 were made on 3 May 1994 by the Governor in Council under section 83O of the Racing Act 1958, No.6353/1958 and came into operation on 3 May 1994.
The Racing (Racing Appeals Tribunal) Regulations 1994 will sunset on 2May 2005: see the Subordinate Legislation (Racing (Racing Appeals Tribunal Regulations 1994 - Extension of Operation) Regulations 2004, S.R.No. 31/2004.
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the Racing (Racing Appeals Tribunal) Regulations 1994 by statutory rules, subordinate instruments and Acts.
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Racing (Racing Appeals Tribunal) (Amendment) Regulations 2001, S.R. No. 61/2001
Date of Making: / 27.6.01Date of Commencement: / 1.7.01: reg 3
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3.Explanatory Details
Endnotes
1
[1] Reg. 1: S.R. No. 425/1983 as amended by S.R. Nos 40/1984, 150/1984, 128/1985, 381/1985, 207/1986, 139/1987, 379/1988, 81/1989, 296/1989, 394/1989, 166/1990, 229/1990, 337/1991 and 75/1993. These Regulations are revoked by virtue of section 3A of the Subordinate Legislation Act 1962.