New South Wales Consolidated Acts

RACING ADMINISTRATION ACT 1998 - SECT 33D

33D Appeals to Minister

(1) A person may appeal to the Minister against any of the following decisions of a relevant racing control body:

(a) a decision of the body to reject an application by the person for a race field information use approval,

(b) a decision of the body to impose a condition under section 33A (2) (other than a condition relating to the payment of a fee or series of fees) on a race field information use approval,

(c) a decision of the body to cancel a race field information use approval held by the person,

(d) a decision of the body to vary any term of a race field information use approval held by the person (other than a term relating to the payment of a fee or series of fees).

(2) An appellant must give notice to the following person and body of the grounds of the appellant’s appeal in the form and manner approved by the Minister from time to time:

(a) the Minister,

(b) the relevant racing control body that made the decision appealed against.

(3) The relevant racing control body that made the decision appealed against is to be the respondent in the appeal.

(4) A notice under subsection (2) must be given within 20 working days (or within such longer period as the Minister may allow) after the date on which the appellant was notified of the decision of the relevant racing control body that is being appealed.

(5) In determining an appeal, the Minister may appoint a person that the Minister considers has suitable qualifications to act as an arbitrator (the "arbitrator") to furnish a report to the Minister with respect to the appeal containing:

(a) a recommendation as to whether the appeal should, in the opinion of the arbitrator, be dismissed or allowed either unconditionally or subject to such conditions as may be specified in the report, and

(b) the reasons for the recommendation.

(6) The unsuccessful party to an appeal is to pay the costs of any arbitrator appointed by the Minister under subsection (5).

(7) The Minister, after considering any report that is furnished to the Minister under subsection (5), may:

(a) dismiss the appeal, or

(b) allow the appeal either unconditionally or subject to such conditions as the Minister thinks proper to impose, or

(c) if the appeal is against the imposition of conditions, refuse to approve the application for a race field information use approval from the determination of which the appeal has been made, or

(d) return the report to the arbitrator concerned and request further consideration of the report.

Note: As the decision of the Minister in an appeal under this section is a decision that is reviewable by the Administrative Decisions Tribunal under section 33E, section 48 of the Administrative Decisions Tribunal Act 1997 requires the Minister to give the appellant and respondent in the appeal written notice of the decision on the appeal. Division 2 of Part 2 of Chapter 5 of that Act enables the appellant and respondent to request written reasons for the Minister’s decision.

(8) The decision of the Minister under subsection (7) (other than a decision under subsection (7) (d)) has effect as if it were a decision of the relevant racing control body from whose decision the appeal is made.