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1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
The Bill also makes consequential amendments to other Acts.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of
assent.
Clause 3 is a formal provision giving effect to the amendments to the AJC
Principal Club Act 1996 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to other Acts
set out in Schedule 2.
Schedule 1
Amendment of AJC Principal Club Act 1996
Change of name of AJC Principal Club
The name of the AJC Principal Club (or AJCPC) is changed to the NSW
Thoroughbred Racing Board (Schedule 1 [7]). The name of the AJC
Principal Club Act 1996 is changed consequentially to the Thoroughbred
Racing Board Act 1996. (Schedule 1 [2])
Schedule 1 [l], [3]-[6], [23] and [24] make consequential amendments.
Membership of Board, appointment of deputies and election
and removal of Chairperson and Deputy Chairperson
Schedule 1 [8] adds to the list of persons who are not eligible to be members
of the Board. A person who is registered by or with the Greyhound Racing
Authority (NSW) or Harness Racing New South Wales (for example, a
person registered as a trainer) will not be eligible for membership of the
Board. Schedule 1 [23] makes a transitional amendment.
Schedule l [9] amends a provision of the Act that allows members of the
Board to appoint deputies to ensure that deputies are subject to the same
eligibility criteria as the members who appoint them.
Schedule 1 [12] changes the method in which the Chairperson and Deputy
Chairperson of the Board are elected and removed. At present, a simple
majority of members present and voting at a meeting of the Board at which a
quorum is present may elect or remove the Chairperson or Deputy
Chairperson. An additional requirement is inserted so that a Chairperson or
Deputy Chairperson cannot be elected or removed without the support of
nominees from at least 3 of the groups which are entitled to nominate
members of the Board (that is, the AJC, the Sydney Turf Club, the Provincial
Association of New South Wales, the Board of Directors of the Country
Racing Council Limited and the Racing Industry Participants Advisory
Committee).
Explanatory note page 2
Appeals
Section 42 of the Act is amended by adding to the list of decisions that may
be appealed against to the Appeal Panel under the Act. Decisions that may be
appealed against under the amendments include decisions of the Board
exercising the powers of the stewards and decisions of a racing association
(other than a decision on an appeal). The Board will be able to determine
other types of decisions that may be appealed against to the Appeal Panel, by
order published in the racing calendar that is published by the Board.
(Schedule 1 [13], [14] and [16])
The requirement that a person exercise his or her appeal rights under the
Rules of Racing before appealing to the Appeal Panel is removed. (Schedule
1 [13])
Schedule l [14] also makes it clear that the Rules of Racing do not confer on
any person a right to appeal to the Board against a decision, if the person has
a right of appeal against the decision to the Appeal Panel under the Act. In
such a case the appeal is to be heard and determined by the Appeal Panel,
and not by the Board.
Schedule 1[17], [18] and [19] amend section 47 of the Act to transfer the
functions of establishing an Appeal Panel to hear an appeal and appointing a
substitute convenor of an Appeal Panel from the Chief Executive of the
Board to the Principal Member of the Appeal Panel. Those functions are to
be exercised in consultation with the Chief Executive. The Chief Executive is
given the power to exercise those functions if the Principal Member is
unavailable (for example, because of absence or incapacity).
A transitional provision is inserted to make it clear that appeals made to the
Australian Jockey Club or the Racing Appeals Tribunal before the Board
assumes its functions under Part 4 of the Act are to be determined on the
basis of the law applicable to those appeals before the principal Act
commenced. (Schedule
[23])
Amendments made by Schedule 1 [14], [15] and [20] give the Board power
to make rules with respect to appeals, including the manner in which an
appeal is to be made and the procedure for hearing and determining an
appeal.
Functions of Board
At present, section 13 of the Act provides that the AJC Principal Club is to
have all the functions of the principal club for New South Wales under the
Australian Rules of Racing. The Australian Rules of Racing also confer
functions on the committee of the principal club. The Act is amended to
make it clear that the Board is also to exercise those functions. (Schedule 1
[10], [11] and [23])
Explanatory note page 3
Savings and transitional provisions
Schedule 1 [21], [22] and [23] insert savings and transitional provisions,
including provision to enable the making of savings and transitional
regulations consequent on the enactment of the proposed Act.
Schedule 2
Consequential amendment of other Acts
Schedule 2 contains amendments to other Acts that are consequential to the
alteration of the names of the AJC Principal Club and the AJC Principal Club
Act 1996.
Explanatory note page 4