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PARLIAMENT OF VICTORIA
Racing Legislation Amendment (Racing Integrity
Assurance) Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
PART 2--RACING INTEGRITY COMMISSIONER 3
4 Definitions 3
5 New Part IA inserted 3
PART IA--THE RACING INTEGRITY COMMISSIONER 3
37A Racing Integrity Commissioner 3
37B Functions of the Racing Integrity Commissioner 4
37C Powers of the Racing Integrity Commissioner 7
37D Staff 8
37E Disclosure of information 8
37F Annual report 10
PART 3--RACING APPEALS AND DISCIPLINARY BOARDS 11
Division 1--Racing Appeals and Disciplinary Boards 11
6 Definitions 11
Division 2--HRV Racing Appeals and Disciplinary Board 12
7 New Part IIA inserted 12
PART IIA--RACING APPEALS AND DISCIPLINARY
BOARD FOR HARNESS RACING VICTORIA 12
50A Definitions 12
50B Establishment of the HRV Racing Appeals and
Disciplinary Board 13
50C Functions of HRV Racing Appeals and Disciplinary
Board 14
561383B.I-28/7/2009 i BILL LA INTRODUCTION 28/7/2009
Clause Page
50D Members of the HRV Racing Appeals and Disciplinary
Board 14
50E Chairperson of the HRV Racing Appeals and
Disciplinary Board 15
50F Deputy Chairperson of the HRV Racing Appeals and
Disciplinary Board 17
50G Acting appointments 19
50H Removal from office 19
50I Constitution of HRV Racing Appeals and Disciplinary
Board for hearing appeals 20
50J Appeals to HRV Racing Appeals and Disciplinary
Board 20
50K Racing Integrity Commissioner may direct that certain
appeals be heard 21
50L HRV Racing Appeals and Disciplinary Board may
grant an extension of time 23
50M Hearing of serious offences by HRV Racing Appeals
and Disciplinary Board 23
50N Hearings of HRV Racing Appeals and Disciplinary
Board 24
50O Decisions of HRV Racing Appeals and Disciplinary
Board 26
50P Reasons for decision 26
50Q Contempt of HRV Racing Appeals and Disciplinary
Board 27
50R Regulations 28
Division 3--GRV Racing Appeals and Disciplinary Board 28
8 New Part IIIA inserted 28
PART IIIA--RACING APPEALS AND DISCIPLINARY
BOARD FOR GREYHOUND RACING VICTORIA 28
83A Definitions 28
83B Establishment of the GRV Racing Appeals and
Disciplinary Board 30
83C Functions of GRV Racing Appeals and Disciplinary
Board 30
83D Members of the GRV Racing Appeals and
Disciplinary Board 31
83E Chairperson of the GRV Racing Appeals and
Disciplinary Board 32
83F Deputy Chairperson of the GRV Racing Appeals
and Disciplinary Board 33
83G Acting appointments 35
83H Removal from office 36
83I Constitution of GRV Racing Appeals and
Disciplinary Board for hearing appeals 36
561383B.I-28/7/2009 ii BILL LA INTRODUCTION 28/7/2009
Clause Page
83J Appeals to GRV Racing Appeals and Disciplinary
Board 37
83K Racing Integrity Commissioner may direct that
certain appeals be heard 38
83L GRV Racing Appeals and Disciplinary Board may
grant an extension of time 39
83M Hearing of serious offences by GRV Racing Appeals
and Disciplinary Board 39
83N Hearings of GRV Racing Appeals and Disciplinary
Board 40
83O Decisions of GRV Racing Appeals and Disciplinary
Board 42
83OA Reasons for decision 42
83OB Contempt of GRV Racing Appeals and Disciplinary
Board 43
83OC Regulations 44
Division 4--Boards Registrar for Racing Appeals and Disciplinary
Boards and VCAT appeals 44
9 Part IIIB substituted 44
PART IIIB--COMMON BOARDS REGISTRAR FOR ALL
RACING APPEALS AND DISCIPLINARY BOARDS 44
83OD Definitions 44
83OE Boards Registrar 45
83OF Functions of Boards Registrar 45
83OG Regulations 46
PART IIIBA--REVIEW BY VCAT--DECISIONS OF
RACING APPEALS AND DISCIPLINARY BOARDS 46
83OH Review by VCAT of decisions of Racing Appeals
and Disciplinary Boards 46
83OI Time limit for applying for review 47
10 Transitional provisions 47
96D Transitional provision for Racing Appeals Tribunal
proceedings--Racing Legislation Amendment
(Racing Integrity Assurance) Act 2009 47
PART 4--CONSEQUENTIAL AMENDMENTS AND REPEALS 49
11 Repeal of provisions relating to appeals to HRV Board 49
12 Repeal of provisions relating to appeals to GRV Board 49
13 Repeal of definition 49
14 Amendment of heading to Part IIIC 49
15 Consequential amendment 49
561383B.I-28/7/2009 iii BILL LA INTRODUCTION 28/7/2009
Clause Page
PART 5--AMENDMENT OF OTHER ACTS 50
16 Amendment of Gambling Regulation Act 2003 50
17 Amendment of Confiscation Act 1997--consequential
amendment 50
PART 6--REPEAL OF AMENDING ACT 51
18 Repeal of amending Act 51
ENDNOTES 52
561383B.I-28/7/2009 iv BILL LA INTRODUCTION 28/7/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Racing Legislation Amendment (Racing
Integrity Assurance) Bill 2009
A Bill for an Act to amend the Racing Act 1958 and the Gambling
Regulation Act 2003 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Racing Act 1958--
5 (i) to provide for the Racing Integrity
Commissioner;
(ii) to establish Racing Appeals and
Disciplinary Boards for Greyhound
Racing Victoria and Harness Racing
10 Victoria;
561383B.I-28/7/2009 1 BILL LA INTRODUCTION 28/7/2009
Racing Legislation Amendment (Racing Integrity Assurance) Bill 2009
Part 1--Preliminary
s. 2
(iii) to repeal Part IIIB of the Racing Act
1958 which relates to the Racing
Appeals Tribunal;
(b) to repeal provisions of the Gambling
5 Regulation Act 2003 banning the
transmission of betting odds from
racecourses during a race meeting.
2 Commencement
(1) Subject to subsection (2), this Act comes into
10 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 September 2010, it comes into
operation on that day.
3 Principal Act
15 See: In this Act, the Racing Act 1958 is called the
Act No.
6353. Principal Act.
Reprint No. 13
as at
31 December
2005
and
amending
Act Nos
45/2003,
40/2006,
80/2006,
18/2007,
12/2008,
71/2008,
73/2008 and
3/2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
561383B.I-28/7/2009 2 BILL LA INTRODUCTION 28/7/2009
Racing Legislation Amendment (Racing Integrity Assurance) Bill 2009
Part 2--Racing Integrity Commissioner
s. 4
PART 2--RACING INTEGRITY COMMISSIONER
4 Definitions
In section 3(1) of the Principal Act--
(a) insert the following definitions--
5 "Racing Integrity Commissioner means the
Racing Integrity Commissioner
appointed under section 37A;";
(b) for the definition of controlling body
substitute--
10 "controlling body means--
(a) in the case of horse racing, Racing
Victoria;
(b) in the case of harness racing,
Harness Racing Victoria;
15 (c) in the case of greyhound racing,
Greyhound Racing Victoria;";
(c) for the definition of steward substitute--
"Steward means a person appointed as such
in accordance with the rules of a
20 controlling body or a person so
appointed as a Deputy Steward;".
5 New Part IA inserted
After Part I of the Principal Act insert--
"PART IA--THE RACING INTEGRITY
25 COMMISSIONER
37A Racing Integrity Commissioner
(1) There is to be a Racing Integrity
Commissioner.
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Part 2--Racing Integrity Commissioner
s. 5
(2) The Racing Integrity Commissioner is
appointed by the Governor in Council on the
recommendation of the Minister.
(3) The Racing Integrity Commissioner--
5 (a) is to hold office for a term, not
exceeding 5 years, specified in the
instrument of his or her appointment;
and
(b) is eligible for re-appointment.
10 (4) The Racing Integrity Commissioner is
entitled to receive any remuneration or
allowances from time to time fixed by the
Governor in Council.
(5) The appointment of the Racing Integrity
15 Commissioner is on the terms and conditions
determined by the Governor in Council.
(6) The Public Administration Act 2004 (other
than Part 3 of that Act) applies to the Racing
Integrity Commissioner in respect of the
20 office of Commissioner.
37B Functions of the Racing Integrity
Commissioner
(1) The functions of the Racing Integrity
Commissioner are to--
25 (a) conduct annual audits of the internal
integrity processes and systems, in
whole or in part, of each controlling
body in areas identified--
(i) by the Racing Integrity
30 Commissioner; or
(ii) by the Racing Integrity
Commissioner in consultation
with each controlling body;
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Part 2--Racing Integrity Commissioner
s. 5
(b) conduct audits outside the subject
matter of the annual audit if a
controlling body requests that such an
audit be conducted;
5 (c) investigate complaints made about the
integrity processes and systems of a
controlling body;
(d) refer complaints to--
(i) if the complaint relates to a
10 criminal matter, Victoria Police;
(ii) if the complaint relates to an
alleged or apparent contravention
of the rules of a controlling body,
the relevant controlling body;
15 (iii) if the complaint relates to an
alleged or apparent contravention
of the Gambling Regulation Act
2003, the Commission;
(iv) if the complaint relates to an
20 alleged or apparent contravention
of any Act or subordinate
instrument in connection with the
integrity of racing, the relevant
government agency;
25 (v) if the complaint relates to an
internal integrity matter, the
integrity sub-committee of the
Board of the relevant controlling
body;
30 (e) investigate matters referred by the
Minister or a controlling body;
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Part 2--Racing Integrity Commissioner
s. 5
(f) report the findings of any investigations
conducted into complaints that have not
been referred to other bodies to--
(i) the person that made the
5 complaint; and
(ii) with or without identifying the
person that made the complaint or
the person that is the subject of the
complaint, the Minister or the
10 relevant controlling body (as the
Racing Integrity Commissioner
considers appropriate);
(g) conduct own motion inquiries that do
not relate to any specific complaint and
15 may include an investigation into
systemic issues in racing;
(h) make recommendations (if appropriate)
following the investigation of any
complaint, inquiry or matter to (as the
20 Racing Integrity Commissioner
considers appropriate)--
(i) the Minister; or
(ii) the relevant controlling body;
(i) direct a Racing Appeals and
25 Disciplinary Board to hear and
determine an appeal made by a person
against a penalty imposed on the person
under the rules of a controlling body
if--
30 (i) the penalty imposed is a fine of
not more than $250; and
(ii) the Racing Integrity
Commissioner considers that it is
in the public interest for the appeal
35 to be heard;
561383B.I-28/7/2009 6 BILL LA INTRODUCTION 28/7/2009
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Part 2--Racing Integrity Commissioner
s. 5
(j) perform any other functions conferred
on the Racing Integrity Commissioner
under this Act.
(2) The Racing Integrity Commissioner may
5 advise the Minister of any failure by a
controlling body to implement or act on a
recommendation made by the Racing
Integrity Commissioner to that controlling
body under subsection (1)(h) if--
10 (a) before advising the Minister, the
Racing Integrity Commissioner notifies
the controlling body of the
Commissioner's intention to advise the
Minister of the failure by the
15 controlling body to implement or act on
the recommendation; and
(b) the Racing Integrity Commissioner
advises the controlling body that the
controlling body may, within 14 days
20 of receiving the notification made
under paragraph (a), respond in writing
to the Commissioner in respect of that
notification.
(3) The Racing Integrity Commissioner must
25 provide the Minister with any written
response made by the controlling body under
subsection (2)(b).
37C Powers of the Racing Integrity
Commissioner
30 For the purposes of his or her functions, the
Racing Integrity Commissioner--
(a) has such powers as are conferred on
him or her by this Act; and
561383B.I-28/7/2009 7 BILL LA INTRODUCTION 28/7/2009
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Part 2--Racing Integrity Commissioner
s. 5
(b) may do all other things necessary or
convenient to be done for or in
connection with, or as incidental to, the
performance of his or her functions.
5 37D Staff
There may be employed under Part 3 of the
Public Administration Act 2004 any
employees that are necessary to enable the
Racing Integrity Commissioner to perform
10 his or her functions and exercise his or her
powers.
37E Disclosure of information
(1) The Racing Integrity Commissioner may
disclose integrity related information to, as
15 appropriate--
(a) a controlling body including its
integrity sub-committee and Stewards;
or
(b) the Commission; or
20 (c) a Racing Appeals and Disciplinary
Board; or
(d) the Chief Commissioner of Police or a
member of the police force authorised
in writing by the Chief Commissioner
25 of Police; or
(e) the Commissioner of the Australian
Federal Police or a member of the
Australian Federal Police authorised in
writing by the Commissioner of the
30 Australian Federal Police; or
(f) the Minister; or
561383B.I-28/7/2009 8 BILL LA INTRODUCTION 28/7/2009
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Part 2--Racing Integrity Commissioner
s. 5
(g) a person or body that, in the opinion of
the controlling body, controls,
organises or administers an approved
betting event; or
5 (h) the Australian Transaction Reports and
Analysis Centre; or
(i) the Commissioner of Taxation of the
Commonwealth; or
(j) a person or body that--
10 (i) has any regulatory or
administrative functions in respect
of racing, bookmaking or betting
in Victoria or in another State or a
Territory of the Commonwealth;
15 and
(ii) is specified by the Minister, by
Order published in the
Government Gazette, for the
purposes of this section.
20 (2) In this section--
integrity related information is information
the Racing Integrity Commissioner has
collected or been given in the
performance of his or her functions and
25 includes, but is not limited to,
information in relation to--
(a) the contravention, or the alleged
contravention, of the rules of a
controlling body;
30 (b) the identity of persons alleged to
have contravened the rules of a
controlling body;
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Part 2--Racing Integrity Commissioner
s. 5
(c) complaints investigated under this
Part;
(d) audits conducted under this Part.
37F Annual report
5 (1) On or before 31 August each year, the
Racing Integrity Commissioner must submit
to the Minister, for the year ending on
30 June that year, a report on--
(a) the performance of his or her functions
10 or the exercise of his or her powers; and
(b) any integrity-related issue he or she
determines is in the public interest.
(2) The Minister must cause each annual report
submitted to him or her under this section to
15 be laid before each House of Parliament
within 7 sitting days after receiving it.
__________________".
__________________
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Racing Legislation Amendment (Racing Integrity Assurance) Bill 2009
Part 3--Racing Appeals and Disciplinary Boards
s. 6
PART 3--RACING APPEALS AND DISCIPLINARY BOARDS
Division 1--Racing Appeals and Disciplinary Boards
6 Definitions
Insert the following definitions in section 3(1) of
5 the Principal Act--
"GRV Racing Appeals and Disciplinary Board
has the same meaning as it has in
section 83A;
HRV Racing Appeals and Disciplinary Board
10 has the same meaning as it has in
section 50A;
RV Racing Appeals and Disciplinary Board
means the Racing Appeals and Disciplinary
Board established under the rules of Racing
15 Victoria;
Racing Appeals and Disciplinary Board
means--
(a) in the case of hearings and appeals
relating to harness racing, the
20 HRV Racing Appeals and Disciplinary
Board; and
(b) in the case of hearings and appeals
relating to greyhound racing, the
GRV Racing Appeals and Disciplinary
25 Board; and
(c) in the case of hearings and appeals
relating to horse racing, the RV Racing
Appeals and Disciplinary Board;".
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Part 3--Racing Appeals and Disciplinary Boards
s. 7
Division 2--HRV Racing Appeals and Disciplinary Board
7 New Part IIA inserted
After section 50 of the Principal Act insert--
"PART IIA--RACING APPEALS AND
5 DISCIPLINARY BOARD FOR HARNESS
RACING VICTORIA
50A Definitions
(1) In this Part--
Australian lawyer has the same meaning as
10 in the Legal Profession Act 2004;
Boards Registrar means the Boards
Registrar referred to in section 83OE;
Chairperson means the Chairperson of the
HRV Racing Appeals and Disciplinary
15 Board appointed under section 50E;
Deputy Chairperson means the Deputy
Chairperson of the HRV Racing
Appeals and Disciplinary Board
appointed under section 50F;
20 Harness Racing Victoria has the same
meaning as Board has in section 38;
HRV Racing Appeals and Disciplinary
Board means the Racing Appeals and
Disciplinary Board for Harness Racing
25 Victoria established under section 50B;
investigator means a person appointed under
the rules by Harness Racing Victoria to
investigate matters in respect of the
enforcement of, and compliance with,
30 the rules;
561383B.I-28/7/2009 12 BILL LA INTRODUCTION 28/7/2009
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Part 3--Racing Appeals and Disciplinary Boards
s. 7
penalty means--
(a) the imposition of any fine under
the rules relating to any
participation in racing in any
5 capacity; or
(b) any--
(i) suspension; or
(ii) disqualification; or
(iii) warning off--
10 imposed under the rules from
participating in racing in any
capacity;
rules has the same meaning as it has in
section 38;
15 serious offence means an offence under the
rules that is specified in the rules to be
a serious offence.
(2) In this Part, a reference to a member of the
HRV Racing Appeals and Disciplinary
20 Board includes a reference to the
Chairperson and the Deputy Chairperson,
unless the contrary intention appears.
50B Establishment of the HRV Racing
Appeals and Disciplinary Board
25 There is established a Board to be known as
the Racing Appeals and Disciplinary Board
for Harness Racing Victoria.
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Part 3--Racing Appeals and Disciplinary Boards
s. 7
50C Functions of HRV Racing Appeals and
Disciplinary Board
The functions of the HRV Racing Appeals
and Disciplinary Board are to--
5 (a) hear and determine appeals made under
section 50J in relation to decisions
made under the rules to impose
penalties on persons;
(b) hear and determine charges made
10 against persons for serious offences;
(c) hear and determine appeals in relation
to decisions made under the rules
following a direction made by the
Racing Integrity Commissioner under
15 section 50K;
(d) hear and determine any matter referred
to the HRV Racing Appeals and
Disciplinary Board by Harness Racing
Victoria--
20 (i) on Harness Racing Victoria's own
motion; or
(ii) on the recommendation of the
Stewards.
50D Members of the HRV Racing Appeals and
25 Disciplinary Board
(1) The HRV Racing Appeals and Disciplinary
Board consists of a Chairperson, Deputy
Chairperson and not less than 5, and not
more than 15, other members.
30 (2) A member of the HRV Racing Appeals and
Disciplinary Board, other than the
Chairperson and Deputy Chairperson, is to
be appointed by Harness Racing Victoria.
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Part 3--Racing Appeals and Disciplinary Boards
s. 7
(3) Harness Racing Victoria must not appoint a
person to be a member of the HRV Racing
Appeals and Disciplinary Board under
subsection (2) if the person holds an office
5 in--
(a) Racing Victoria; or
(b) Harness Racing Victoria; or
(c) Greyhound Racing Victoria.
(4) A member of the HRV Racing Appeals
10 and Disciplinary Board, other than the
Chairperson or Deputy Chairperson, must
be appointed for a period, not exceeding
3 years, specified in his or her instrument
of appointment and is eligible for
15 re-appointment.
(5) A member of the HRV Racing Appeals and
Disciplinary Board, other than the
Chairperson and Deputy Chairperson, may
resign from office by delivering a signed
20 letter of resignation to the Chairperson of
Harness Racing Victoria.
(6) A member of the HRV Racing Appeals and
Disciplinary Board is entitled to the
remuneration and allowance fixed in respect
25 of the member by the Governor in Council.
50E Chairperson of the HRV Racing Appeals
and Disciplinary Board
(1) The Minister must appoint an eligible person
to be Chairperson of the HRV Racing
30 Appeals and Disciplinary Board.
(2) A person is an eligible person under
subsection (1) if he or she--
(a) is an Australian lawyer of no less than
7 years standing; and
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Part 3--Racing Appeals and Disciplinary Boards
s. 7
(b) is not registered as a licensed person
under the rules of a controlling body;
and
(c) does not have a financial or proprietary
5 interest in a racehorse or greyhound;
and
(d) does not hold an office in--
(i) Racing Victoria; or
(ii) Harness Racing Victoria; or
10 (iii) Greyhound Racing Victoria; or
(iv) any racing club; or
(v) any organisation that may, in the
opinion of the Minister, give rise
to a conflict of interest.
15 (3) The Chairperson--
(a) holds office for the period, not
exceeding 3 years, specified in the
instrument of his or her appointment;
and
20 (b) is eligible for re-appointment.
(4) The Chairperson may resign from office by
delivering a signed letter of resignation to the
Minister.
(5) The Chairperson must resign from office
25 if--
(a) he or she obtains a financial or
proprietary interest in a racehorse or
greyhound;
(b) he or she becomes registered as a
30 licensed person under the rules;
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s. 7
(c) he or she accepts an office in--
(i) Racing Victoria; or
(ii) Harness Racing Victoria; or
(iii) Greyhound Racing Victoria; or
5 (iv) any racing club; or
(v) any organisation that may, in the
opinion of the Minister, give rise
to a conflict of interest.
Note
10 The Minister may remove a Chairperson from office in
accordance with section 50H.
50F Deputy Chairperson of the HRV Racing
Appeals and Disciplinary Board
(1) The Minister, on the recommendation of
15 Harness Racing Victoria, must appoint an
eligible person to be the Deputy Chairperson
of the HRV Racing Appeals and Disciplinary
Board.
(2) A person is an eligible person under
20 subsection (1) if he or she--
(a) is an Australian lawyer of no less than
7 years standing; and
(b) is not registered as a licensed person
under the rules of a controlling body;
25 and
(c) does not have a financial or proprietary
interest in a racehorse or greyhound;
and
(d) does not hold an office in--
30 (i) Racing Victoria; or
(ii) Harness Racing Victoria; or
(iii) Greyhound Racing Victoria; or
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Part 3--Racing Appeals and Disciplinary Boards
s. 7
(iv) any racing club; or
(v) any organisation that may, in the
opinion of the Minister, give rise
to a conflict of interest.
5 (3) The Deputy Chairperson--
(a) holds office for the period, not
exceeding 3 years, specified in the
instrument of his or her appointment;
and
10 (b) is eligible for re-appointment.
(4) The Deputy Chairperson may resign from
office by delivering a signed letter of
resignation to the Minister.
(5) The Deputy Chairperson must resign from
15 office if--
(a) he or she obtains a financial or
proprietary interest in a racehorse or
greyhound;
(b) he or she becomes registered as a
20 licensed person under the rules;
(c) he or she accepts an office in--
(i) Racing Victoria; or
(ii) Harness Racing Victoria; or
(iii) Greyhound Racing Victoria; or
25 (iv) any racing club; or
(v) any organisation that may, in the
opinion of the Minister, give rise
to a conflict of interest.
Note
30 The Minister may remove a Deputy Chairperson from office
in accordance with section 50H.
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50G Acting appointments
(1) The Deputy Chairperson must act as
Chairperson if--
(a) the office of Chairperson is vacant; or
5 (b) the Chairperson is absent from Victoria
or is unable, for any reason, to perform
the duties of the office.
(2) While the Deputy Chairperson is acting as
Chairperson, he or she has and may exercise
10 all the powers, and must perform all the
duties, of the Chairperson.
(3) The Minister may appoint a member of the
HRV Racing Appeals and Disciplinary
Board to act as Deputy Chairperson--
15 (a) during a vacancy in the office of
Deputy Chairperson; or
(b) during any period, or during all periods,
when the Deputy Chairperson is acting
as Chairperson or is unable, for any
20 reason, to perform the duties of the
Deputy Chairperson.
(4) Harness Racing Victoria may appoint a
person to be a member of the HRV Racing
Appeals and Disciplinary Board (other than
25 the Chairperson or Deputy Chairperson)
during any period, or during all periods,
when a member is acting as Deputy
Chairperson or is unable, for any reason, to
perform the duties of office.
30 50H Removal from office
The Minister may remove a member of the
HRV Racing Appeals and Disciplinary
Board from office as a member if the
Minister is satisfied that the member--
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s. 7
(a) is not acting in his or her office
responsibly; or
(b) is not avoiding any conflicts of interest;
or
5 (c) is not mentally or physically capable of
satisfactorily performing the functions
of the office; or
(d) has become an insolvent under
administration.
10 50I Constitution of HRV Racing Appeals and
Disciplinary Board for hearing appeals
For the purposes of hearing and determining
a matter under section 50C, the HRV Racing
Appeals and Disciplinary Board is to be
15 constituted by--
(a) the Chairperson and up to 4 other
members of the HRV Racing Appeals
and Disciplinary Board selected by, and
at the discretion of, the Chairperson; or
20 (b) the Deputy Chairperson and up to
4 other members of the HRV Racing
Appeals and Disciplinary Board
selected by, and at the discretion of, the
Chairperson.
25 50J Appeals to HRV Racing Appeals and
Disciplinary Board
(1) A person may appeal to the HRV Racing
Appeals and Disciplinary Board against a
decision made under the rules to impose a
30 penalty on the person if--
(a) the penalty is a suspension,
disqualification or warning off; or
(b) the penalty is a fine of more
than $250.00.
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(2) An appeal made by a person under
subsection (1) must--
(a) be in the prescribed form; and
(b) be lodged with the Boards Registrar
5 by 5.00 p.m. on the day after the day
the appellant receives notice of the
decision that the appellant is appealing.
(3) The Boards Registrar must give the
Chairperson a copy of an appeal lodged
10 under subsection (2) as soon as reasonably
practicable.
(4) The HRV Racing Appeals and Disciplinary
Board must hear an appeal made by a person
under this section.
15 (5) As soon as is reasonably practicable after the
Chairperson receives a copy of an appeal
under subsection (3), the HRV Racing
Appeals and Disciplinary Board must advise,
in writing, the appellant and the person or
20 body that imposed the penalty in respect of
which the appeal is being made, of--
(a) the date and time of the hearing of the
appeal; and
(b) the venue at which the hearing will be
25 held.
50K Racing Integrity Commissioner may
direct that certain appeals be heard
(1) This section applies to a person in respect of
whom a decision has been made under the
30 rules to impose a penalty that is a fine of not
more than $250.00.
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(2) A person to whom this section applies may
apply, in writing, to the Racing Integrity
Commissioner requesting that the
Commissioner consider directing the
5 HRV Racing Appeals and Disciplinary
Board to hear an appeal made by the person
against a decision made under the rules
despite the fact that the decision relates to
the imposition of a fine of not more
10 than $250.00.
(3) An application made by a person under
subsection (2) must be made by 5.00 p.m. on
the day after the day the person receives
notice of the decision that the person would
15 like to appeal.
(4) If the Racing Integrity Commissioner
considers that it is in the public interest for
an appeal to be heard in respect of a decision
made against a person who has applied under
20 subsection (2), the Commissioner may direct
the HRV Racing Appeals and Disciplinary
Board to hear and determine that appeal.
(5) The HRV Racing Appeals and Disciplinary
Board must hear an appeal made in respect
25 of a decision to impose a penalty that is a
fine of not more than $250.00 if the Racing
Integrity Commissioner makes a direction
under subsection (4).
(6) As soon as is reasonably practicable after the
30 Racing Integrity Commissioner makes a
direction under subsection (4), the
HRV Racing Appeals and Disciplinary
Board must advise, in writing, the appellant
and the person or body that made the
35 decision in respect of which the appeal is
being made, of--
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(a) the date and time of the hearing of the
appeal; and
(b) the venue at which the hearing will be
held.
5 50L HRV Racing Appeals and Disciplinary
Board may grant an extension of time
The HRV Racing Appeals and Disciplinary
Board may grant leave to appeal out of time
under section 50J(2) if the Board--
10 (a) is of the opinion that the applicant has
provided a satisfactory explanation for
his or her failure to institute the appeal
within the period specified in section
50J(2); and
15 (b) considers that it would be unjust to
refuse leave to appeal out of time.
50M Hearing of serious offences by
HRV Racing Appeals and Disciplinary
Board
20 (1) If a person has been charged with a serious
offence under the rules, the HRV Racing
Appeals and Disciplinary Board must hear
and determine the serious offence.
(2) The person who, or body that, has charged a
25 person with a serious offence must provide
the Boards Registrar with prescribed details
of the charge not more than 2 days after the
person charged has been given those
prescribed details.
30 (3) The Boards Registrar must give the
Chairperson a copy of the prescribed details
of the charge as soon as reasonably
practicable.
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(4) As soon as is reasonably practicable after the
Chairperson receives the prescribed details
of the charge, the HRV Racing Appeals and
Disciplinary Board must advise, in writing,
5 the person charged with a serious offence
and the person or body that charged the
person, of--
(a) the date and time of the hearing of the
charge; and
10 (b) the venue at which the hearing will be
held.
50N Hearings of HRV Racing Appeals and
Disciplinary Board
(1) Subject to this Part, the HRV Racing
15 Appeals and Disciplinary Board--
(a) may, if the parties have been advised of
the date, time and venue of the hearing,
conduct the hearing in the presence of
the parties or representatives of the
20 parties, or with only some of the parties
or representatives of the parties or
without any of the parties or
representatives of the parties; and
(b) may hear evidence by telephone, closed
25 circuit television or video links; and
(c) may allow the evidence of a Steward or
an investigator to be given on the notes
of evidence taken by the Steward or
investigator; and
30 (d) may conduct a proceeding on the case
stated by the parties to the proceeding;
and
(e) may conduct the re-hearing of a matter
by affidavit, statutory declaration or
35 oral evidence; and
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(f) is not required to conduct a hearing as a
de novo hearing; and
(g) may conduct a proceeding in private if
the HRV Racing Appeals and
5 Disciplinary Board considers that it is
in the public interest or in the interests
of justice, but must otherwise hold its
hearing in public; and
(h) may review a decision being appealed
10 in full including in circumstances
where only part of the decision has
been objected to, sought to be reviewed
or appealed; and
(i) may make interim orders; and
15 (j) must give reasons for any decision it
makes; and
(k) is bound by the rules of natural justice;
and
(l) may otherwise regulate its own
20 procedure.
(2) The HRV Racing Appeals and Disciplinary
Board may dismiss a proceeding without
hearing if the Board is satisfied that the
proceeding is frivolous, vexatious,
25 misconceived or lacking in substance.
(3) A party to a proceeding before the
HRV Racing Appeals and Disciplinary
Board is entitled to be represented by an
Australian lawyer or any other person.
30 (4) The Chairperson or Deputy Chairperson may
give directions in relation to the operation or
procedure of the HRV Racing Appeals and
Disciplinary Board.
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(5) Directions made under subsection (4) must
not be inconsistent with this Act, regulations
or the rules.
50O Decisions of HRV Racing Appeals and
5 Disciplinary Board
(1) In the determination of any matter before the
HRV Racing Appeals and Disciplinary
Board, the Board may--
(a) decide all questions of fact; and
10 (b) make any decision or order that the
Board considers is required in the
interests of justice, including the
imposition of any penalty under the
rules.
15 (2) In determining an appeal the HRV Racing
Appeals and Disciplinary Board may--
(a) affirm, set aside or vary the decision
appealed against; or
(b) quash, set aside, mitigate, reduce, vary
20 or increase the penalty imposed on the
appellant under the rules; or
(c) refer the matter back for
reconsideration by the person who, or
body that, made the decision appealed
25 against.
50P Reasons for decision
(1) The reasons for decision made by the
HRV Racing Appeals and Disciplinary
Board--
30 (a) may be given in writing or orally; and
(b) form part of the record of the
proceeding in respect of which the
decision was made.
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(2) If the HRV Racing Appeals and Disciplinary
Board gives its reasons orally, a party to the
proceeding may, within 28 days of the
decision being given, request the
5 HRV Racing Appeals and Disciplinary
Board to give written reasons for the
decision.
(3) If a request is made by a party under
subsection (2), the HRV Racing Appeals and
10 Disciplinary Board must provide written
reasons for its decision within 28 days of the
request.
50Q Contempt of HRV Racing Appeals and
Disciplinary Board
15 A person must not--
(a) insult, threaten or intimidate a member
of the HRV Racing Appeals and
Disciplinary Board in the performance
of functions or the exercise of powers
20 as a member at a proceeding before the
HRV Racing Appeals and Disciplinary
Board; or
(b) repeatedly interrupt a proceeding before
the HRV Racing Appeals and
25 Disciplinary Board; or
(c) create a disturbance, or take part in
creating or continuing a disturbance, in
or near a place where the HRV Racing
Appeals and Disciplinary Board is
30 conducting a proceeding; or
(d) do any other act that would, if the
HRV Racing Appeals and Disciplinary
Board were the Supreme Court,
constitute contempt of that court.
35 Penalty: 10 penalty units.
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50R Regulations
The Governor in Council may make
regulations for or with respect to
prescribing--
5 (a) forms for the purposes of this Part; and
(b) generally prescribing any other matter
or thing required or permitted by this
Part to be prescribed or necessary to be
prescribed to give effect to this Part.
10 __________________".
Division 3--GRV Racing Appeals and Disciplinary Board
8 New Part IIIA inserted
After section 83 of the Principal Act insert--
"PART IIIA--RACING APPEALS AND
15 DISCIPLINARY BOARD FOR GREYHOUND
RACING VICTORIA
83A Definitions
(1) In this Part--
Australian lawyer has the same meaning as
20 in the Legal Profession Act 2004;
Boards Registrar means the Boards
Registrar referred to in section 83OE;
Chairperson means the Chairperson of the
GRV Racing Appeals and Disciplinary
25 Board appointed under section 83E;
Deputy Chairperson means the Deputy
Chairperson of the GRV Racing
Appeals and Disciplinary Board
appointed under section 83F;
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Greyhound Racing Victoria has the same
meaning as Board has in section 51;
GRV Racing Appeals and Disciplinary
Board means the Racing Appeals and
5 Disciplinary Board for Greyhound
Racing Victoria established under
section 83B;
investigator means a person appointed under
the rules by the Greyhound Racing
10 Victoria to investigate matters in
respect of the enforcement of, and
compliance with, the rules;
penalty means--
(a) the imposition of any fine under
15 the rules relating to any
participation in racing in any
capacity; or
(b) any--
(i) suspension; or
20 (ii) disqualification; or
(iii) warning off--
imposed under the rules from
participating in racing in any
capacity;
25 rules has the same meaning as it has in
section 51;
serious offence means an offence under the
rules that is specified in the rules to be
a serious offence.
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(2) In this Part, a reference to a member of the
GRV Racing Appeals and Disciplinary
Board includes a reference to the
Chairperson and the Deputy Chairperson of
5 the Board, unless the contrary intention
appears.
83B Establishment of the GRV Racing
Appeals and Disciplinary Board
There is established a Board to be known as
10 the Racing Appeals and Disciplinary Board
for Greyhound Racing Victoria.
83C Functions of GRV Racing Appeals and
Disciplinary Board
The functions of the GRV Racing Appeals
15 and Disciplinary Board are to--
(a) hear and determine appeals made under
section 83J in relation to decisions
made under the rules to impose
penalties on persons;
20 (b) hear and determine charges made
against persons for serious offences;
(c) hear and determine appeals in relation
to decisions made under the rules
following a direction made by the
25 Racing Integrity Commissioner under
section 83K;
(d) hear and determine any matter referred
to the GRV Racing Appeals and
Disciplinary Board by Greyhound
30 Racing Victoria--
(i) on Greyhound Racing Victoria's
own motion; or
(ii) on the recommendation of the
Stewards.
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83D Members of the GRV Racing Appeals and
Disciplinary Board
(1) The GRV Racing Appeals and Disciplinary
Board consists of a Chairperson, Deputy
5 Chairperson and not less than 5, and not
more than 15, other members.
(2) A member of the GRV Racing Appeals and
Disciplinary Board, other than the
Chairperson and Deputy Chairperson, is to
10 be appointed by Greyhound Racing Victoria.
(3) Greyhound Racing Victoria must not appoint
a person to be a member of the GRV Racing
Appeals and Disciplinary Board under
subsection (2) if the person holds an office
15 in--
(a) Racing Victoria; or
(b) Harness Racing Victoria; or
(c) Greyhound Racing Victoria.
(4) A member of the GRV Racing Appeals and
20 Disciplinary Board, other than the
Chairperson or Deputy Chairperson, must be
appointed for a period, not exceeding
3 years, specified in his or her instrument of
appointment and is eligible for re-
25 appointment.
(5) A member of the GRV Racing Appeals and
Disciplinary Board, other than the
Chairperson and Deputy Chairperson, may
resign from office by delivering a signed
30 letter of resignation to the Chairperson of
Greyhound Racing Victoria.
(6) A member of the GRV Racing Appeals and
Disciplinary Board is entitled to the
remuneration and allowance fixed in respect
35 of the member by the Governor in Council.
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83E Chairperson of the GRV Racing Appeals
and Disciplinary Board
(1) The Minister must appoint an eligible person
to be Chairperson of the GRV Racing
5 Appeals and Disciplinary Board.
(2) A person is an eligible person under
subsection (1) if he or she--
(a) is an Australian lawyer of no less than
7 years standing; and
10 (b) is not registered as a licensed person
under the rules of a controlling body;
and
(c) does not have a financial or proprietary
interest in a greyhound or racehorse;
15 and
(d) does not hold an office in--
(i) Racing Victoria; or
(ii) Harness Racing Victoria; or
(iii) Greyhound Racing Victoria; or
20 (iv) any racing club; or
(v) any organisation that may, in the
opinion of the Minister, give rise
to a conflict of interest.
(3) The Chairperson--
25 (a) holds office for the period, not
exceeding 3 years, specified in the
instrument of his or her appointment;
and
(b) is eligible for re-appointment.
30 (4) The Chairperson may resign from office by
delivering a signed letter of resignation to the
Minister.
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(5) The Chairperson must resign from office
if--
(a) he or she obtains a financial or
proprietary interest in a greyhound or
5 racehorse;
(b) he or she becomes registered as a
licensed person under the rules;
(c) he or she accepts an office in--
(i) Racing Victoria; or
10 (ii) Harness Racing Victoria; or
(iii) Greyhound Racing Victoria; or
(iv) any racing club; or
(v) any organisation that may, in the
opinion of the Minister, give rise
15 to a conflict of interest.
Note
The Minister may remove a Chairperson from office in
accordance with section 83H.
83F Deputy Chairperson of the GRV Racing
20 Appeals and Disciplinary Board
(1) The Minister, on the recommendation of
Greyhound Racing Victoria, must appoint an
eligible person to be the Deputy Chairperson
of the GRV Racing Appeals and Disciplinary
25 Board.
(2) A person is an eligible person under
subsection (1) if he or she--
(a) is an Australian lawyer of no less than
7 years standing; and
30 (b) is not registered as a licensed person
under the rules of a controlling body;
and
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(c) does not have a financial or proprietary
interest in a greyhound or racehorse;
and
(d) does not hold an office in--
5 (i) Racing Victoria; or
(ii) Harness Racing Victoria; or
(iii) Greyhound Racing Victoria; or
(iv) any racing club; or
(v) any organisation that may, in the
10 opinion of the Minister, give rise
to a conflict of interest.
(3) The Deputy Chairperson--
(a) holds office for the period, not
exceeding 3 years, specified in the
15 instrument of his or her appointment;
and
(b) is eligible for re-appointment.
(4) The Deputy Chairperson may resign from
office by delivering a signed letter of
20 resignation to the Minister.
(5) The Deputy Chairperson must resign from
office if--
(a) he or she obtains a financial or
proprietary interest in a racehorse or
25 greyhound;
(b) he or she becomes registered as a
licensed person under the rules;
(c) he or she accepts an office in--
(i) Racing Victoria; or
30 (ii) Harness Racing Victoria; or
(iii) Greyhound Racing Victoria; or
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(iv) any racing club; or
(v) any organisation that may, in the
opinion of the Minister, give rise
to a conflict of interest.
5 Note
The Minister may remove a Deputy Chairperson from office
in accordance with section 83H.
83G Acting appointments
(1) The Deputy Chairperson must act as
10 Chairperson if--
(a) the office of Chairperson is vacant; or
(b) the Chairperson is absent from Victoria
or is unable, for any reason, to perform
the duties of the office.
15 (2) While the Deputy Chairperson is acting as
Chairperson, he or she has and may exercise
all the powers, and must perform all the
duties, of the Chairperson.
(3) The Minister may appoint a member of the
20 GRV Racing Appeals and Disciplinary
Board to act as Deputy Chairperson--
(a) during a vacancy in the office of
Deputy Chairperson; or
(b) during any period, or during all periods,
25 when the Deputy Chairperson is acting
as Chairperson or is unable, for any
reason, to perform the duties of the
Deputy Chairperson.
(4) Greyhound Racing Victoria may appoint a
30 person to be a member of the GRV Racing
Appeals and Disciplinary Board (other than
the Chairperson or Deputy Chairperson)
during any period, or during all periods,
when a member is acting as Deputy
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Chairperson or is unable, for any reason, to
perform the duties of office.
83H Removal from office
The Minister may remove a member of the
5 GRV Racing Appeals and Disciplinary
Board from office as a member if the
Minister is satisfied that the member--
(a) is not acting in his or her office
responsibly; or
10 (b) is not avoiding any conflicts of interest;
or
(c) is not mentally or physically capable of
satisfactorily performing the functions
of the office; or
15 (d) has become an insolvent under
administration.
83I Constitution of GRV Racing Appeals and
Disciplinary Board for hearing appeals
For the purposes of hearing and determining
20 a matter under section 83C, the GRV Racing
Appeals and Disciplinary Board is to be
constituted by--
(a) the Chairperson and up to 4 other
members of the GRV Racing Appeals
25 and Disciplinary Board selected by, and
at the discretion of, the Chairperson; or
(b) the Deputy Chairperson and up to
4 other members of the GRV Racing
Appeals and Disciplinary Board
30 selected by, and at the discretion of, the
Chairperson.
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83J Appeals to GRV Racing Appeals and
Disciplinary Board
(1) A person may appeal to the GRV Racing
Appeals and Disciplinary Board against a
5 decision made under the rules to impose a
penalty on the person if--
(a) the penalty is a suspension,
disqualification or warning off; or
(b) the penalty is a fine of more
10 than $250.00.
(2) An appeal made by a person under
subsection (1) must--
(a) be in the prescribed form; and
(b) be lodged with the Boards Registrar
15 by 5.00 p.m. on the day after the day
the appellant receives notice of the
decision that the appellant is appealing.
(3) The Boards Registrar must give the
Chairperson a copy of an appeal lodged
20 under subsection (2) as soon as reasonably
practicable.
(4) The GRV Racing Appeals and Disciplinary
Board must hear an appeal made by a person
under this section.
25 (5) As soon as is reasonably practicable after the
Chairperson receives a copy of an appeal, the
GRV Racing Appeals and Disciplinary
Board must advise, in writing, the appellant
and the person or body that imposed the
30 penalty in respect of which the appeal is
being made, of--
(a) the date and time of the hearing of the
appeal; and
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(b) the venue at which the hearing will be
held.
83K Racing Integrity Commissioner may
direct that certain appeals be heard
5 (1) This section applies to a person in respect of
whom a decision has been made under the
rules to impose a penalty that is a fine of not
more than $250.00.
(2) A person to whom this section applies may
10 apply, in writing, to the Racing Integrity
Commissioner requesting that the
Commissioner consider directing the
GRV Racing Appeals and Disciplinary
Board to hear an appeal made by the person
15 against a decision made under the rules
despite the fact that the decision relates to
the imposition of a fine of not more
than $250.00.
(3) An application made by a person under
20 subsection (2) must be made by 5.00 p.m. on
the day after the day the person receives
notice of the decision that the person would
like to appeal.
(4) If the Racing Integrity Commissioner
25 considers that it is in the public interest for
an appeal to be heard in respect of a decision
made against a person who has applied under
subsection (2), the Commissioner may direct
the GRV Racing Appeals and Disciplinary
30 Board to hear and determine that appeal.
(5) The GRV Racing Appeals and Disciplinary
Board must hear an appeal made in respect
of a decision to impose a penalty that is a
fine of not more than $250.00 if the Racing
35 Integrity Commissioner makes a direction
under subsection (4).
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(6) As soon as is reasonably practicable after the
Racing Integrity Commissioner makes a
direction under subsection (4), the
GRV Racing Appeals and Disciplinary
5 Board must advise, in writing, the appellant
and the person or body that made the
decision in respect of which the appeal is
being made, of--
(a) the date and time of the hearing of the
10 appeal; and
(b) the venue at which the hearing will be
held.
83L GRV Racing Appeals and Disciplinary
Board may grant an extension of time
15 The GRV Racing Appeals and Disciplinary
Board may grant leave to appeal out of time
under section 83J(2) if the Board--
(a) is of the opinion that the applicant has
provided a satisfactory explanation for
20 his or her failure to institute the appeal
within the period specified in
section 83J(2); and
(b) considers that it would be unjust to
refuse leave to appeal out of time.
25 83M Hearing of serious offences by
GRV Racing Appeals and Disciplinary
Board
(1) If a person has been charged with a serious
offence under the rules, the GRV Racing
30 Appeals and Disciplinary Board must hear
and determine the serious offence.
(2) The person who or body that has charged a
person with a serious offence must provide
the Boards Registrar with prescribed details
35 of the charge not more than 2 days after the
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person charged has been provided those
prescribed details.
(3) The Boards Registrar must give the
Chairperson a copy of the prescribed details
5 of the charge as soon as reasonably
practicable.
(4) As soon as is reasonably practicable after
Chairperson receives the prescribed details
of the charge, the GRV Racing Appeals and
10 Disciplinary Board must advise, in writing,
the person charged with a serious offence
and the person or body that charged the
person, of--
(a) the date and time of the hearing of the
15 charge; and
(b) the venue at which the hearing will be
held.
83N Hearings of GRV Racing Appeals and
Disciplinary Board
20 (1) Subject to this Part, the GRV Racing
Appeals and Disciplinary Board--
(a) may, if the parties have been advised of
the date, time and venue of the hearing,
conduct the hearing in the presence of
25 the parties or representatives of the
parties, or with only some of the parties
or representatives of the parties or
without any of the parties or
representatives of the parties; and
30 (b) may hear evidence by telephone, closed
circuit television or video links; and
(c) may allow the evidence of a Steward or
an investigator to be given on the notes
of evidence taken by the Steward or
35 investigator; and
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(d) may conduct a proceeding on the case
stated by the parties to the proceeding;
and
(e) may conduct the re-hearing of a matter
5 by affidavit, statutory declaration or
oral evidence; and
(f) is not required to conduct a hearing as a
de novo hearing; and
(g) may conduct a proceeding in private if
10 the Board considers that it is in the
public interest or in the interests of
justice, but must otherwise hold its
hearing in public; and
(h) may review a decision being appealed
15 in full including in circumstances
where only part of the decision has
been objected to, sought to be reviewed
or appealed; and
(i) may make interim orders; and
20 (j) must give reasons for any decision it
makes; and
(k) is bound by the rules of natural justice;
and
(l) may otherwise regulate its own
25 procedure.
(2) The GRV Racing Appeals and Disciplinary
Board may dismiss a proceeding without
hearing if the Board is satisfied that the
proceeding is frivolous, vexatious,
30 misconceived or lacking in substance.
(3) A party to a proceeding before the
GRV Racing Appeals and Disciplinary
Board is entitled to be represented by an
Australian lawyer or any other person.
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s. 8
(4) The Chairperson or Deputy Chairperson may
give directions in relation to the operation or
procedure of the GRV Racing Appeals and
Disciplinary Board.
5 (5) Directions made under subsection (4) must
not be inconsistent with this Act, regulations
or the rules.
83O Decisions of GRV Racing Appeals and
Disciplinary Board
10 (1) In the determination of any matter before the
GRV Racing Appeals and Disciplinary
Board, the Board may--
(a) decide all questions of fact; and
(b) make any decision or order that the
15 Board considers is required in the
interests of justice, including the
imposition of any penalty under the
rules.
(2) In determining an appeal the GRV Racing
20 Appeals and Disciplinary Board may--
(a) affirm, set aside or vary the decision
appealed against; or
(b) quash, set aside, mitigate, reduce, vary
or increase the penalty imposed on the
25 appellant under the rules; or
(c) refer the matter back for
reconsideration by the person who, or
body that, made the decision appealed
against.
30 83OA Reasons for decision
(1) The reasons for a decision made by the
GRV Racing Appeals and Disciplinary
Board--
(a) may be given in writing or orally; and
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s. 8
(b) form part of the record of the
proceeding in respect of which the
decision was made.
(2) If the GRV Racing Appeals and Disciplinary
5 Board gives its reasons orally, a party to the
proceeding may, within 28 days of the
decision being given orally, request the
GRV Racing Appeals and Disciplinary
Board to give written reasons for the
10 decision.
(3) If a request is made by a party under
subsection (2), the HRV Racing Appeals and
Disciplinary Board must provide written
reasons for its decision within 28 days of the
15 request.
83OB Contempt of GRV Racing Appeals and
Disciplinary Board
A person must not--
(a) insult, threaten or intimidate a member
20 of the GRV Racing Appeals and
Disciplinary Board in the performance
of functions or the exercise of powers
as a member at a proceeding before the
GRV Racing Appeals and Disciplinary
25 Board; or
(b) repeatedly interrupt a proceeding before
the GRV Racing Appeals and
Disciplinary Board; or
(c) create a disturbance, or take part in
30 creating or continuing a disturbance, in
or near a place where the GRV Racing
Appeals and Disciplinary Board is
conducting a proceeding; or
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Part 3--Racing Appeals and Disciplinary Boards
s. 9
(d) do any other act that would, if the
GRV Racing Appeals and Disciplinary
Board were the Supreme Court,
constitute contempt of that court.
5 Penalty: 10 penalty units.
83OC Regulations
The Governor in Council may make
regulations for or with respect to
prescribing--
10 (a) forms for the purposes of this Part; and
(b) generally prescribing any other matter
or thing required or permitted by this
Part to be prescribed or necessary to be
prescribed to give effect to this Part.
15 __________________".
Division 4--Boards Registrar for Racing Appeals and
Disciplinary Boards and VCAT appeals
9 Part IIIB substituted
For Part IIIB of the Principal Act substitute--
20 "PART IIIB--COMMON BOARDS REGISTRAR
FOR ALL RACING APPEALS AND
DISCIPLINARY BOARDS
83OD Definitions
In this Part--
25 serious offence means an offence that is--
(a) a serious offence within the
meaning of the rules of Racing
Victoria;
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Part 3--Racing Appeals and Disciplinary Boards
s. 9
(b) a serious offence within the
meaning of section 50A; or
(c) a serious offence within the
meaning of section 83A.
5 83OE Boards Registrar
(1) For the purposes of assisting in the
administration of the Racing Appeals and
Disciplinary Boards there is to be appointed
a Boards Registrar.
10 (2) The Boards Registrar is to be appointed by a
controlling body on the agreement of the
controlling bodies.
83OF Functions of Boards Registrar
(1) The Boards Registrar must--
15 (a) keep a register in the prescribed form
containing the prescribed particulars
of--
(i) appeals lodged with the Racing
Appeals and Disciplinary Boards;
20 and
(ii) serious offences to be heard and
determined by the Racing Appeals
and Disciplinary Boards; and
(iii) determinations made by the
25 Racing Appeals and Disciplinary
Boards as a result of any hearings;
(b) issue summonses, in the prescribed
form, to witnesses and other process as
directed by the Racing Appeals and
30 Disciplinary Boards;
(c) perform any other functions as directed
by the Racing Appeals and Disciplinary
Boards.
561383B.I-28/7/2009 45 BILL LA INTRODUCTION 28/7/2009
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Part 3--Racing Appeals and Disciplinary Boards
s. 9
(2) The Boards Registrar must keep and make
available for inspection any prescribed forms
or any prescribed documents.
(3) As soon as practicable after the end of each
5 quarter, the Boards Registrar must give to
the Racing Integrity Commissioner, a report
setting out the details recorded in the register
kept by the Registrar under subsection (1)(a).
83OG Regulations
10 The Governor in Council may make
regulations for or with respect to
prescribing--
(a) forms (including the form of a
summons) for the purposes of this Part;
15 and
(b) the form and content of the register;
and
(c) generally prescribing any other matter
or thing required or permitted by this
20 Part to be prescribed or necessary to be
prescribed to give effect to this Part.
__________________
PART IIIBA--REVIEW BY VCAT--DECISIONS
OF RACING APPEALS AND DISCIPLINARY
25 BOARDS
83OH Review by VCAT of decisions of Racing
Appeals and Disciplinary Boards
(1) A person whose interests are affected by a
decision made by a Racing Appeals and
30 Disciplinary Board may apply to VCAT for
review of that decision.
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Part 3--Racing Appeals and Disciplinary Boards
s. 10
(2) A Steward may apply to VCAT for review of
a decision made by a Racing Appeals and
Disciplinary Board if that decision was in
respect of a penalty originally imposed by
5 the Steward.
83OI Time limit for applying for review
An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
10 or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
15 which the statement of reasons is given
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be given.
__________________".
20 10 Transitional provisions
After section 96C of the Principal Act insert--
"96D Transitional provision for Racing Appeals
Tribunal proceedings--Racing Legislation
Amendment (Racing Integrity Assurance)
25 Act 2009
(1) In this section--
commencement day means the day on which
section 9 of the Racing Legislation
Amendment (Racing Integrity
30 Assurance) Act 2009 comes into
operation.
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s. 10
(2) If a hearing of an appeal by the Racing
Appeals Tribunal under Part IIIB has begun
and is not completed before the
commencement day, on and after that day,
5 Part IIIB is to continue to apply with respect
to that appeal as if Part IIIB had not been
repealed by section 9 of the Racing
Legislation Amendment (Racing Integrity
Assurance) Act 2009.
10 (3) If an appeal has been made to the Racing
Appeals Tribunal under Part IIIB before the
commencement day, and the hearing of that
appeal has not commenced before that day,
on and after that day, the appeal is taken to
15 be an application for review by VCAT under
Part IIIBA.".
__________________
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Racing Legislation Amendment (Racing Integrity Assurance) Bill 2009
Part 4--Consequential Amendments and Repeals
s. 11
PART 4--CONSEQUENTIAL AMENDMENTS AND REPEALS
11 Repeal of provisions relating to appeals to
HRV Board
Sections 49A, 49B, 49C and 50(1)(a) of the
5 Principal Act are repealed.
12 Repeal of provisions relating to appeals to
GRV Board
Sections 80, 81, 81A and 83(1)(c) of the Principal
Act are repealed.
10 13 Repeal of definition
In sections 83P and 84 of the Principal Act, the
definition of controlling body is repealed.
14 Amendment of heading to Part IIIC
In the heading to Part IIIC of the Principal Act, for
15 "VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL" substitute
"VCAT--OCCUPATIONAL RACING AND
BOOKMAKING LICENCES".
15 Consequential amendment
20 In sections 83Q and 83R of the Principal Act, for
"the Victorian Civil and Administrative Tribunal"
(wherever occurring) substitute "VCAT".
__________________
561383B.I-28/7/2009 49 BILL LA INTRODUCTION 28/7/2009
Racing Legislation Amendment (Racing Integrity Assurance) Bill 2009
Part 5--Amendment of Other Acts
s. 16
PART 5--AMENDMENT OF OTHER ACTS
16 Amendment of Gambling Regulation Act 2003
Section 2.5.18 of the Gambling Regulation Act
2003 is repealed.
5 17 Amendment of Confiscation Act 1997--
consequential amendment
Item 10(j) of Schedule 1 to the Confiscation Act
1997 is repealed.
__________________
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Racing Legislation Amendment (Racing Integrity Assurance) Bill 2009
Part 6--Repeal of Amending Act
s. 18
PART 6--REPEAL OF AMENDING ACT
18 Repeal of amending Act
This Act is repealed on 1 September 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561383B.I-28/7/2009 52 BILL LA INTRODUCTION 28/7/2009
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