New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
Insert "and appeals from certain decisions under the Greyhound Racing Act 2009 and the Harness Racing Act 2009 " after " Thoroughbred Racing Act 1996 ".
Omit the definition of "assessor" from section 4 (1).
Insert in alphabetical order:
"GRNSW" means Greyhound Racing New South Wales constituted under the Greyhound Racing Act 2009 .
"HRNSW" means Harness Racing New South Wales constituted under the Harness Racing Act 2009 .
Omit the section.
Omit the section. Insert instead:
8A Expert advice The Tribunal may seek expert advice in connection with the hearing of an appeal from any person who, in its opinion, has special knowledge of, and experience in, the racing industry.
Omit the section.
Omit section 10 (b).
Omit the section. Insert instead:
12 Remuneration A person (not being a judge of any court) holding office as, or acting as, the Tribunal is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.
Omit "or a person holding office as an assessor" from section 13 (2).
Omit the paragraph.
Omit section 14 (1). Insert instead:
(1) The Public Sector Employment and Management Act 2002 does not apply to or in respect of the appointment of a person as, or to act as, the Tribunal and a person holding office as, or acting as, the Tribunal is not, as the Tribunal, subject to that Act.
Insert before section 15:
Division 1 Appeals relating to thoroughbred racing
Appeals relating to thoroughbred racing
Insert after section 15:
15A Appeals to Tribunal relating to greyhound racing(1) Any 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 a greyhound racing club (within the meaning of the Greyhound Racing Act 2009 ) or a steward of a greyhound racing club,(b) a decision of a steward of GRNSW.(2) Any of the following persons or bodies that are aggrieved by a decision of GRNSW may, in accordance with the regulations, appeal against the decision to the Tribunal:(a) any person,(b) a greyhound racing club (within the meaning of the Greyhound Racing Act 2009 ).
15B Appeals to Tribunal relating to harness racing(1) Any 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 a harness racing club (within the meaning of the Harness Racing Act 2009 ),(b) a decision of a steward of HRNSW.(2) Any of the following persons or bodies that are aggrieved by a decision of HRNSW may, in accordance with the regulations, appeal against the decision to the Tribunal:(a) any person,(b) a harness racing club (within the meaning of the Harness Racing Act 2009 ).
Insert "under section 15" after "appeal" where firstly occurring in section 17 (1).
Insert after section 17:
17A Determination of appeals relating to greyhound racing or harness racing(1) The Tribunal may do any of the following in respect of an appeal under section 15A or 15B:(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 steward, club or GRNSW or HRNSW (as the case requires),(c) 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 to be a decision of the person or body whose decision is the subject of the appeal.
Omit the section. Insert instead:
20 Expenses of Tribunal(1) Unless the Minister otherwise determines, the expenses (including remuneration payable to an expert under section 8A or payable under section 12) incurred by the Tribunal in the exercise of the functions of the Tribunal under this Act are to be met:(a) by Racing NSW in relation to an appeal to the Tribunal under section 15, or(b) by GRNSW in relation to an appeal to the Tribunal under section 15A, or(c) by HRNSW in relation to an appeal to the Tribunal under section 15B.(2) If Racing NSW, GRNSW or HRNSW 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, GRNSW or HRNSW (as the case may be) as a debt in any court of competent jurisdiction.
Insert before clause 1:
Part 1 General
General
Insert at the end of clause 1 (1):
Racing Legislation Amendment Act 2009
Insert before clause 2:
Part 2 Provisions consequent on enactment of Thoroughbred Racing Board Amendment Act 1998
Provisions consequent on enactment of Thoroughbred Racing Board Amendment Act 1998
Insert before clause 3:
Part 3 Provisions consequent on enactment of Thoroughbred Racing Legislation Amendment Act 2004
Provisions consequent on enactment of Thoroughbred Racing Legislation Amendment Act 2004
Insert after clause 3:
4 Definitions In this Part:
"former Act" means the Greyhound and Harness Racing Administration Act 2004 .
"former Authority" means the Greyhound and Harness Racing Regulatory Authority constituted by the former Act.
"former Tribunal" means the Greyhound and Harness Racing Appeals Tribunal constituted by the former Act.
5 Pending proceedings before former Tribunal(1) If proceedings were commenced but not heard by the former Tribunal before its dissolution, the proceedings are taken to have been duly commenced in the Racing Appeals Tribunal.(2) If the former Tribunal had commenced to hear (but had not determined) a matter before its dissolution, the person or persons hearing the matter:(a) are to continue to hear the matter, and to determine the matter, sitting as the Racing Appeals Tribunal, and(b) have and may exercise, while sitting as the Racing Appeals Tribunal under this clause, all the functions that the former Tribunal had immediately before its dissolution.(3) A reference in section 20:(a) to an appeal to the Tribunal under section 15A includes a reference to proceedings dealt with in accordance with this clause that relate to greyhound racing, and(b) to an appeal to the Tribunal under section 15B includes a reference to proceedings dealt with in accordance with this clause that relate to harness racing.(4) This clause applies despite any contrary provision of this Act.
6 Pending proceedings before Greyhound and Harness Racing Regulatory Authority If an appeal was made to the former Authority under section 19 of the former Act before the repeal of that section and was not determined by that Authority before its dissolution, the appeal is taken to have been made to the Racing Appeals Tribunal under this Act and is to be determined by that Tribunal in accordance with this Act.
7 Regulations relating to greyhound racing and harness racing appeals(1) The provisions of the Greyhound and Harness Racing Administration (Appeals) Regulation 2004 (as in force immediately before the repeal of section 19 of the former Act) are taken to apply to appeals relating to greyhound racing and harness racing dealt with by the Tribunal under this Act until regulations are made under this Act in relation to those appeals.(2) Despite subclause (1), those provisions apply with the following modifications:(a) clause 6 of that Regulation is taken to provide for an appeal to the Tribunal in relation to a decision specified in that clause,(b) a reference to the Tribunal is taken to be a reference to the Racing Appeals Tribunal,(c) a reference to a provision of the former Act is taken to be a reference to the corresponding provision of this Act (if any),(d) such other modifications as the Tribunal considers necessary.(3) This clause extends to proceedings referred to in clause 5.
8 Special inquiries under former Act A special inquiry that was commenced under section 24 of the former Act but was not completed before the repeal of that section is not to be continued after that repeal.
9 Orders(1) An order made under the former Act by the former Tribunal, being an order having effect immediately before the dissolution of the former Tribunal, is taken to be an order made by the Racing Appeals Tribunal under the corresponding provision of this Act.(2) Any application for an order made to the former Tribunal under the former Act and not determined before the dissolution of the former Tribunal is to continue to be dealt with as if made under this Act (but only if there is a corresponding provision of this Act under which the order could be made).
10 General savings If anything done or commenced under the former Act in relation to the former Tribunal before its dissolution and still having effect or not completed immediately before that dissolution is something that could be done or commenced under this Act:(a) the thing done continues to have effect, or(b) the thing commenced may be completed, as if it had been done or commenced under this Act.
11 Assessors On the repeal of section 8A by the Racing Legislation Amendment Act 2009 , any person who immediately before that repeal held the position of assessor ceases to hold that position. No remuneration or compensation is payable to any such person as a result of the operation of this clause.