Victorian Numbered Acts Victorian Numbered ActsAfter section 106 of the Racing Act 1958 insert —
"commencement day" means the day on which Part 3 of the 2018 Act comes into operation;
2018 Act means the Racing Amendment (Integrity and Disciplinary Structures) Act 2018 .
(1) This section applies if immediately before the commencement day—
(a) a person is charged with a serious offence under the rules and the serious offence—
(i) has been part heard by the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board and has not been determined by the relevant Board; or
(ii) has not been heard or determined by the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board; or
(b) a person has lodged an appeal against a Steward's decision with the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board and the appeal has not been heard or determined by the relevant Board; or
(c) any other proceeding has commenced with the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board and the proceeding has not been determined by the relevant Board.
(2) Despite the repeal of section 5G by the 2018 Act, the substitution of Part IIA by the 2018 Act and the repeal of Part IIIA by the 2018 Act, section 5G, Part IIA and Part IIIA as in force immediately before the commencement day continue to apply until the hearing, the appeal or the proceeding is completed by the relevant Board.
(3) For the purposes of this section, a member of the GRV Racing Appeals and Disciplinary Board, the HRV Racing Appeals and Disciplinary Board or the RV Racing Appeals and Disciplinary Board who held office as a member immediately before the commencement day continues in office as a member of the relevant Board on and after the commencement day until the hearing of the charge for the serious offence, the appeal or the proceeding is completed by the relevant Board.
(1) This section applies if immediately before the commencement day—
(a) a person whose interests are affected by a decision of a Racing Appeals and Disciplinary Board under section 83OH(1) proposes to apply to VCAT for a review of that decision; or
(b) a Steward proposes to apply to VCAT for a review of a decision made by a Racing Appeals and Disciplinary Board under section 83OH(2).
(2) Despite the substitution of section 83OH by the 2018 Act, the person or the Steward may apply to VCAT for review on and after the commencement day if the time limit for applying for a review under section 83OI as in force immediately before the commencement day has not expired.
(3) Despite the substitution of section 83OH by the 2018 Act, VCAT may conduct the review under the Victorian Civil and Administrative Tribunal Act 1998 on and after the commencement day as if—
(a) section 83OH had not been substituted by the 2018 Act; and
(b) Part 16D of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 had not been enacted.
(1) This section applies if immediately before the commencement day—
(a) a person or a Steward has applied to VCAT for a review of a decision made by a Racing Appeals and Disciplinary Board under section 83OH; and
(b) the review has not been finalised by VCAT.
(2) Despite the substitution of section 83OH by the 2018 Act, VCAT may continue to conduct the review under the Victorian Civil and Administrative Tribunal Act 1998 on and after the commencement day as if—
(a) section 83OH had not been substituted by the 2018 Act; and
(b) Part 16D of Schedule 1 to the
Victorian Civil and Administrative Tribunal Act 1998 had not been enacted.".
Part 4—Greyhound racing