New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Amendment Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
(a) to amend the Thoroughbred Racing Board Act 1996 to clarify that the
NSW Thoroughbred Racing Board has a discretion in deciding
whether to conduct proceedings in respect of its inquiries in public or
in private.
(b) to amend the Thoroughbred Racing Board Act 1996 and the Racing
Appeals Tribunal Act 1983 to provide a right of direct appeal to the
Racing Appeals Tribunal from certain decisions of the Board (relating
to disciplinary matters such as disqualification or warning off,
revocation or suspension of licence, and imposition of a penalty), and
to remove the present right of appeal from such decisions to the
Appeal Panel,
* Amended in committee--see table at end of volume.
(c)
to amend the Defamation Act 1974 to clarify that certain defences
(including absolute privilege) are available in defamation actions that
concern publications in the course of proceedings with respect to
inquiries conducted by the Board, and reports published in respect of
such inquiries.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Thoroughbred Racing Board Act 1996 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to the
Racing Appeals Tribunal Act 1983 set out in Schedule 2.
Clause 5 is a formal provision giving effect to the amendments to the
Defamation Act 1974 set out in Schedule 3.
Schedule 1
Amendment of Thoroughbred Racing Board
Act 1996
Schedule 1 [l] amends section 19 of the Thoroughbred Racing Board Act
1996 to clarify that the Board has a discretion to decide whether to conduct
its inquiries in public or in private, or partly in public and partly in private.
Schedule 1 [2] amends section 42 of the Act to remove the right of appeal to
the Appeal Panel that currently lies from certain decisions of the Board. This
amendment is consequential on Schedule 2 [1] to the proposed Act which
provides for a right of direct appeal to the Racing Appeal Tribunal from such
decisions.
Schedule 1 [3] enables regulations of a savings and transitional nature to be
made as a consequence of the amendments made by the proposed Act.
Schedule 1 [4] inserts a savings and transitional provision (relating to
pending appeals) as a consequence of the amendments made by the proposed
Act.
Explanatory note page 2
Schedule 2 Amendment of Racing Appeals Tribunal Act
1983
Schedule 2 [1] amends section 15 of the Racing Appeals Tribunal Act 1983
to provide for a direct appeal to the Tribunal from decisions of the Board.
The Racing Appeals Tribunal Regulation 1994 currently provides that the
Tribunal may hear an appeal only in respect of certain decisions (being
decisions that relate to specified disciplinary matters such as disqualification
or warning off, revocation or suspension of licence, or imposition of a
penalty).
Schedule 2 [2] inserts a formal provision giving effect to proposed Schedule
1.
Schedule 2 [3] inserts Schedule 1 into the Act. Clause 1 of that Schedule
enables regulations of a savings or transitional nature to be made as a
consequence of the amendments made by the proposed Act. Clause 2 of that
Schedule is a savings and transitional provision (relating to pending appeals)
that is consequential on the amendments made by the proposed Act.
Schedule 3 Amendment of Defamation Act 1974
Schedule 3 [1] inserts section 17DB into the Defamation Act 1974 to clarify
that a defence of absolute privilege is available to a claim for defamation
involving:
(a) a publication in the course of proceedings in respect of an inquiry the
Board conducts, or
(b) publication by the Board of a report it makes in respect of such an
inquiry.
Currently, a publication may occur by reports, articles, letters, notes, pictures,
spoken words, or any other thing, to any recipient.
Schedule 3 [2] amends clause 2 of Schedule 2 to the Act to include
proceedings at an inquiry conducted by the Board in the definition of
protected report. The Act provides a defence to a claim for defamation in
relation to the fair publication of such a report. The defence extends to the
later publication of a copy of the report and an extract or summary of the
report.
Explanatory note page 3