AUSTRALIAN CAPITAL TERRITORY

Racing Act 1999
No. 1 of 1999
TABLE OF PROVISIONS

Section
PART I—PRELIMINARY
	1.	Short title
	2.	Commencement
	3.	Interpretation
	PART II—CONTROL OF RACES FOR THE PURPOSE OF BETTING
Division 1—Race meetings
	4.	Restriction on races for the purpose of betting
	5.	Licensed racecourses
	6.	Approval of betting at certain race meetings
	7.	Schedules of race meetings
	8.	Race meetings to be conducted in compliance with conditions
	9.	Phantom meetings
Division 2—Approved Rules
	10.	Application of Approved Rules of a controlling body
	11.	Application of Approved Rules of an ARO
	12.	Approval of special Rules for race meetings
	13.	Special Rules to be made available before a race meeting
	14.	Application of special Rules
PART III—CONTROLLING BODIES
Division 1—Controlling body for thoroughbred racing
	15.	Racing Club is the controlling body for thoroughbred racing
	16.	Functions of the Racing Club
	17.	Delegation
	18.	Reports and accounts
	19.	Rules of Thoroughbred Racing
	20.	Minister may appoint administrator where necessary
Division 2—Controlling body for harness racing
	21.	Harness Club is the controlling body for harness racing
	22.	Functions of the Harness Club
	23.	Delegation
	24.	Reports and accounts
	25.	Rules of Harness Racing
	26.	Minister may appoint administrator where necessary
Division 3—Controlling body for greyhound racing
	27.	Greyhound Club is the controlling body for greyhound racing
	28.	Functions of the Greyhound Club
	29.	Delegation
	30.	Reports and accounts
	31.	Rules of Greyhound Racing
	32.	Minister may appoint administrator where necessary
PART IV—APPROVED RACING ORGANISATIONS
	33.	Approved Racing Organisations
	34.	Applications
	35.	Variation of conditions or approved rules
	36.	Revocation of approval of AROs
	37.	AROs must provide reports
PART V—THE RACING APPEALS TRIBUNAL
Division 1—The Tribunal
	38.	Establishment
	39.	Functions
	40.	Membership
	41.	Constitution for appeals
	42.	Assessors
	43.	Powers
	44.	Offences
	45.	Rules of the Tribunal
	46.	Registrar
Division 2—Hearing of appeals
	47.	Jurisdiction
	48.	Lodging of appeals
	49.	Suspension of decision pending hearing of the appeal
	50.	Parties
	51.	Notice of hearing
	52.	Representation
	53.	Bond
	54.	Hearings to be in public
	55.	Adjournments
	56.	Record of proceedings
	57.	Evidence
	58.	Procedure for decision by the Tribunal
	59.	Principles upon which decisions made
	60.	Orders etc. that may be made by the Tribunal
	61.	Decisions of the Tribunal final and binding
PART VI—MISCELLANEOUS
	62.	Immunity from liability
	63.	Appeal to the Administrative Appeals Tribunal
	64.	Annual report
	65.	Fees
	66.	Regulations
	67.	Delegation
	68.	Repeal
	69.	Consequential amendments of other Acts
schedule 1
members of the tribunal
schedule 2
assessors of the tribunal
schedule 3
consequential amendments of other acts

AUSTRALIAN CAPITAL TERRITORY

Racing Act 1999
No. 1 of 1999
	
An Act to regulate thoroughbred racing, harness racing and greyhound racing conducted for the purpose of betting, and for related purposes
	[Notified in ACT Gazette S7: 26 February 1999]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
part i—preliminary
1. 	Short title 
	This Act may be cited as the Racing Act 1999.
2. 	Commencement
(1) 	Section 1 and this section commence on the day on which this Act is notified in the Gazette. 
(2) 	The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
3. 	Interpretation
	In this Act, unless the contrary intention appears—
“Approved Rules” means—
	(a)	in relation to the Racing Club—the Rules of Thoroughbred Racing;
	(b)	in relation to the Harness Club—the Rules of Harness Racing;
	(c)	in relation to the Greyhound Club—the Rules of Greyhound Racing; and
	(d)	in relation to an ARO—the rules approved under subsection 34 (4) in relation to the ARO, or as later varied under subsection 35 (2);
“ARO” means an Approved Racing Organisation approved under section 33;
“authorised race meeting” means a race meeting—
	(a)	conducted by a controlling body or an ARO in accordance with this Act; or
	(b)	approved by the Minister under section 6;
	and listed in a schedule published in accordance with section 7;
“controlling body” means—
	(a)	the Racing Club;
	(b)	the Harness Racing Club; or
	(c)	the Greyhound Racing Club;
“corresponding body” means a body in another jurisdiction, within or outside Australia, that performs functions similar to those of a controlling body;
“Deputy President” means the Deputy President of the Tribunal referred to in section 40;
“director”, in relation to a controlling body, means a person occupying or acting in the position of a director of the body, by whatever name called;
“Greyhound Club” means the Canberra Greyhound Racing Club Inc. referred to in section 27;
“Harness Club” means the Canberra Harness Racing Club Inc. referred to in section 21;
“licensed racecourse” has the meaning given by section 5;
“penalty unit” means—
	(a)	in relation to an offence committed by an individual—the amount set by section 33AA of the Interpretation Act 1967; and
	(b)	in relation to an offence committed by a corporation—5 times the amount set by that section;
“President” means the President of the Tribunal referred to in section 40;
“race” means—
	(a)	a thoroughbred race;
	(b)	a harness race;
	(c)	a greyhound race; or
	(d)	a race of a kind prescribed in the regulations; 
“race meeting” means an event at which races are conducted;
“Racing Club” means the Australian Capital Territory Racing Club Inc. referred to in section 15;
“Registrar” means the Registrar of the Tribunal appointed under section 46;
“Rules of Greyhound Racing” means the rules made under section 31;
“Rules of Harness Racing” means the rules made under section 25;
“Rules of the Tribunal” means the rules of procedure made under section 45;
“Rules of Thoroughbred Racing” means the rules made or adopted under section 19;
“special Rules” means rules of racing or betting approved under section 12; 
“Tribunal” means the Racing Appeals Tribunal established under Part V.
Part iI—Control of races for the purpose of betting
Division 1—Race meetings
4. 	Restriction on races for the purpose of betting
(1) 	A person shall not conduct a race for the purpose of betting, except at an authorised race meeting.
Penalty:	100 penalty units.
(2) 	A person shall not participate in a race conducted for the purpose of betting, except at an authorised race meeting, as—
	(a)	rider or driver of an animal;
	(b)	trainer;
	(c)	owner; or
	(d)	in a capacity prescribed in the regulations.
Penalty:	100 penalty units.
(3) 	It is a defence to a charge for an offence against subsection (2) that the person did not know, and had no reason to suppose, that the race was being conducted for the purpose of betting.
5. 	Licensed racecourses
(1) 	A racecourse is a licensed racecourse in relation to a controlling body or an ARO if approved as such by the Minister on an application by the body or ARO.
(2) 	A racecourse is deemed to have been approved as a licensed racecourse in relation to a controlling body if—
	(a)	it was a licensed racecourse for the purposes of the Racecourses Act 1935 immediately before the repeal of that Act; and
	(b)	the licence was held by the controlling body.
(3) 	A racecourse that was nominated by the ARO under subparagraph 34 (1) (c) (ii) is approved as a licensed racecourse in relation to the ARO.
(4) 	The Minister may revoke approval of a licensed racecourse in relation to a controlling body or an ARO—
	(a)	at the request of the controlling body or ARO concerned; or
	(b)	after satisfying himself or herself that the approval should be revoked.
6. 	Approval of betting at certain race meetings
(1) 	The Minister may approve race meetings for the purposes of betting, in accordance with this section.
(2) 	A controlling body may propose for approval by the Minister a race meeting for the purpose of betting that is to be held at a licensed racecourse of the body by another person.
(3) 	In proposing such a race meeting, the controlling body may attach such conditions as it thinks appropriate.
7. 	Schedules of race meetings
(1) 	A controlling body or an ARO shall publish from time to time a schedule of race meetings to be held by the body or ARO.
(2) 	The Minister may require schedules to be published at times and in a form approved by the Minister.
(3) 	A schedule shall specify for each authorised race meeting—
	(a)	the day on which it is to be held;
	(b)	the racecourse at which it is to be held;
	(c)	the person or body who will conduct the meeting; and
	(d)	where any race at the race meeting will be subject to special Rules as to racing or betting—
	(i)	the rules under which the race will be held;
	(ii)	the rules under which any betting on the race will be conducted; and
	(iii)	an address where members of the public may obtain copies of the rules before the day of the race meeting.
8. 	Race meetings to be conducted in compliance with conditions
	A person conducting a race meeting shall comply with this Act and with any conditions set under subsection 6 (3) or 34 (3).
Penalty:	50 penalty units.
9. 	Phantom meetings
	A person shall not conduct a race meeting for the purpose of betting without running races at the meeting, other than with the approval in writing of the Minister, unless—
	(a)	the meeting is an authorised race meeting;
	(b)	races were scheduled to be run at the meeting and nominations called for;
	(c)	sufficient nominations were received for races to be run at the meeting;
	(d)	the races were cancelled only because of unforeseen circumstances; and
	(e)	those circumstances did not permit the cancellation to be made more than 2 business days before the meeting.
Division 2—Approved Rules
10. 	Application of Approved Rules of a controlling body
	The Approved Rules of a controlling body apply in relation to—
	(a)	a person registered with or licensed by—
	(i)	the controlling body; or
	(ii)	where the registration or licence is of a kind recognised by the controlling body for the purposes of the Rules—a corresponding body that deals with racing of the same kind;
		(in this section called an “affected person”);
	(b)	an animal registered with or licensed by a body referred to in subparagraph (a) (i) or (ii);
	(c)	a person who was formerly an affected person—
	(i)	whose registration or licence is under suspension; or
	(ii)	insofar as the Rules relate to the dealings of the person with an affected person—whose registration or licence is cancelled;
	(d)	subject to any approval by the Minister of special Rules—a race meeting conducted by the controlling body; and
	(e)	any premises owned or occupied by the controlling body.
11. 	Application of Approved Rules of an ARO
	The Approved Rules of an ARO apply in relation to—
	(a)	a person registered with or licensed by the ARO (in this section called an “affected person”);
	(b)	an animal registered with or licensed by the ARO;
	(c)	a person who was formerly an affected person—
	(i)	whose registration or licence is under suspension; or
	(ii)	insofar as the Rules relate to the dealings of the person with an affected person—whose registration or licence is cancelled; 
	(d)	subject to any approval by the Minister of special Rules—any authorised race meeting conducted by the ARO; and
	(e)	any premises owned or occupied by the ARO.
12. 	Approval of special Rules for race meetings
	The Minister may approve, on the application of a controlling body or  an ARO, Rules other than the Approved Rules for a race meeting, or for some races at a race meeting.
13. 	Special Rules to be made available before a race meeting
	A person conducting a race meeting at which special Rules will apply shall ensure that any member of the public is able to obtain a copy of the Rules—
	(a)	from the time of publication of the relevant schedule under section 7—at the address specified in the  schedule;  and
	(b)	on the day of the meeting—at the racecourse.
Penalty:	 50 penalty units.
14. 	Application of special Rules
(1) 	Special Rules apply in relation to—
	(a)	the races or race meeting in relation to which they were approved; and
	(b)	a person or animal participating in a race in relation to which they were approved.
(2) 	For the purposes of this section, where special Rules are approved in relation to a race meeting, they are approved in relation to each race at that meeting.
Part Iii—controlling bodies
Division 1—Controlling body for thoroughbred racing
15. 	Racing Club is the controlling body for thoroughbred racing
(1) 	The Australian Capital Territory Racing Club Inc. (in this Act called the “Racing Club”), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to thoroughbred racing for the purposes of this Act.
(2) 	The Racing Club shall not amend its constitution without giving the Minister 14 days notice in writing.
(3) 	The constitution of the Racing Club shall be consistent with this Act and shall give it the necessary capacity to fulfil its functions under this Act.
16. 	Functions of the Racing Club 
(1) 	The functions of the Racing Club are— 
	(a)	to conduct thoroughbred race meetings and thoroughbred races within the Territory;
	(b)	to participate in the national body co-ordinating thoroughbred racing in Australia;
	(c)	to make or adopt rules to govern the conduct of thoroughbred racing and betting conducted at race meetings;
	(d)	to prepare and implement plans and strategies for the management of the financial affairs of the thoroughbred racing code and for the development, promotion and marketing of the code;
	(e)	to approve race meetings to be conducted by other persons, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and
	(f)	to advise and inform the Minister as he or she requires. 
(2) 	The Racing Club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body with respect to—
	(a)	the registration of animals;
	(b)	the endorsement and recognition of disqualifications, licences, permits and defaulters; or
	(c)	any other matter relating to the administration and control of racing.
(3) 	The Racing Club has the powers necessary to perform the functions given to it by or under this or any other Act.
17. 	Delegation 
(1) 	The Racing Club may delegate to any member, officer or employee of the Racing Club any of its powers or functions under this Act, except this power of delegation. 
(2) 	A delegation under this section may be revoked at any time and does not derogate from the power of the Racing Club to act itself in any matter.
18. 	Reports and accounts 
	The Racing Club shall give the Minister a copy of each report and statement of accounts that it gives to its members.
19. 	Rules of Thoroughbred Racing
(1) 	The Racing Club may adopt the Australian Rules of Racing (as adopted by the Australian Racing Board and in force from time to time).
(2) 	Subject to this Act, the Racing Club may make local rules in accordance with the Australian Rules of Racing.
(3) 	Rules made or adopted by the Racing Club under this section are not subordinate laws for the purposes of the Subordinate Laws Act 1989.
20. 	Minister may appoint administrator where necessary
(1) 	The Minister may, if satisfied that unusual circumstances make it necessary, suspend the appointments of the directors of the Racing Club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution.
(2) 	Where the Minister acts under this section, he or she shall ensure that—
	(a)	the Legislative Assembly is informed of the action; and
	(b)	a statement of the circumstances that make the action necessary is laid before the Assembly;
within 7 sitting days after the action.
Division 2—Controlling body for harness racing 
21. 	Harness Club is the controlling body for harness racing
(1) 	The Canberra Harness Racing Club Inc. (in this Act called the “Harness Club”), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to harness racing for the purposes of this Act.
(2) 	The Harness Club shall not amend its constitution without giving the Minister 14 days notice in writing.
(3) 	The constitution of the Harness Club shall be consistent with this Act and shall give it the necessary capacity to fulfil its functions under this Act.
22. 	Functions of the Harness Club 
(1) 	The functions of the Harness Club are—
	(a)	to conduct harness race meetings and harness races within the Territory;
	(b)	to participate in the national body co-ordinating harness racing in Australia;
	(c)	to make or adopt rules to govern the conduct of harness racing and betting conducted at race meetings;
	(d)	to prepare and implement plans and strategies for the management of the financial affairs of the harness racing code and for the development, promotion and marketing of the code;
	(e)	to approve race meetings to be conducted by other persons, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and
	(f)	to advise and inform the Minister as he or she requires. 
(2) 	The Harness Club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body with respect to—
	(a)	the registration of animals;
	(b)	the endorsement and recognition of disqualifications, licences, permits and defaulters; or
	(c)	any other matter relating to the administration and control of racing.
(3) 	The Harness Club has the powers necessary to perform the functions given to it by or under this or any other Act.
23. 	Delegation 
(1) 	The Harness Club may delegate to any member, officer or employee of the Harness Club any of its powers or functions under this Act, except this power of delegation. 
(2) 	A delegation under this section may be revoked at any time and does not derogate from the power of the Harness Club to act itself in any matter.
24. 	Reports and accounts 
	The Harness Club shall give the Minister a copy of each report and statement of accounts that it gives to its members.
25. 	Rules of Harness Racing
(1) 	Subject to this Act, the Harness Club may make rules for—
	(a)	the regulation, control and promotion of the sport of harness racing;
	(b)	the conduct of harness race meetings and harness races within the Territory; and
	(c)	betting conducted at harness race meetings.
(2) 	The Harness Club may make rules consistent with those made by corresponding bodies in Australia with respect to harness racing.
(3) 	Rules made by the Harness Club under this section are not subordinate laws for the purposes of the Subordinate Laws Act 1989.
26. 	Minister may appoint administrator where necessary
(1) 	The Minister may, if satisfied that unusual circumstances make it necessary, suspend the appointments of the directors of the Harness Club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution.
(2) 	Where the Minister acts under this section, he or she shall ensure that—
	(a)	the Legislative Assembly is informed of the action; and
	(b)	a statement of the circumstances that make the action necessary is laid before the Assembly;
within 7 sitting days after the action.
Division 3—Controlling body for greyhound racing 
27. 	Greyhound Club is the controlling body for greyhound racing
(1) 	The Canberra Greyhound Racing Club Inc. (in this Act called the “Greyhound Club”), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to greyhound racing for the purposes of this Act.
(2) 	The Greyhound Club shall not amend its constitution without giving the Minister 14 days notice in writing.
(3) 	The constitution of the Greyhound Club shall be consistent with this Act and shall give it the necessary capacity to fulfil its functions under this Act.
28. 	Functions of the Greyhound Club 
(1) 	The functions of the Greyhound Club are—
	(a)	to conduct greyhound race meetings and greyhound races within the Territory;
	(b)	to participate in the national body co-ordinating greyhound racing in Australia;
	(c)	to make or adopt rules to govern the conduct of greyhound racing and betting conducted at race meetings;
	(d)	to prepare and implement plans and strategies for the management of the financial affairs of the greyhound racing code and for the development, promotion and marketing of the code;
	(e)	to approve race meetings to be conducted by other persons, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and
	(f)	to advise and inform the Minister as he or she requires. 
(2) 	The Greyhound Club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body with respect to—
	(a)	the registration of animals;
	(b)	the endorsement and recognition of disqualifications, licences, permits and defaulters; or
	(c)	any other matter relating to the administration and control of racing.
(3) 	The Greyhound Club has the powers necessary to perform the functions given to it by or under this or any other Act.
29. 	Delegation 
(1) 	The Greyhound Club may delegate to any member, officer or employee of the Greyhound Club any of its powers or functions under this Act, except this power of delegation. 
(2) 	A delegation under this section may be revoked at any time and does not derogate from the power of the Greyhound Club to act itself in any matter.
30. 	Reports and accounts 
	The Greyhound Club shall give the Minister a copy of each report and statement of accounts that it gives to its members.
31. 	Rules of Greyhound Racing
(1) 	Subject to this Act, the Greyhound Club may make rules for—
	(a)	the regulation, control and promotion of the sport of greyhound racing;
	(b)	the conduct of greyhound race meetings and greyhound races within the Territory; and
	(c)	betting conducted at greyhound race meetings.
(2) 	The Greyhound Club may make rules consistent with those made by corresponding bodies in Australia with respect to greyhound racing.
(3) 	Rules made by the Greyhound Club under this section are not subordinate laws for the purposes of the Subordinate Laws Act 1989.
32. 	Minister may appoint administrator where necessary
(1) 	The Minister may, if satisfied that unusual circumstances make it necessary, suspend the appointments of the directors of the Greyhound Club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution.
(2) 	Where the Minister acts under this section, he or she shall ensure that—
	(a)	the Legislative Assembly is informed of the action; and
	(b)	a statement of the circumstances that make the action necessary is laid before the Assembly;
within 7 sitting days after the action.
Part Iv—Approved Racing Organisations
33. 	Approved Racing Organisations
(1) 	The Minister may approve, in accordance with this Part, a racing organisation to be an Approved Racing Organisation (in this Act called an “ARO”).
(2) 	An ARO may conduct race meetings consisting of races of the kinds specified in its instrument of approval for the purposes of betting.
(3) 	The Minister shall not approve an ARO to conduct race meetings that include thoroughbred races.
34. 	Applications
(1) 	An applicant for approval to be an ARO shall—
	(a)	be a body corporate;
	(b)	have the capacity—
	(i)	to conduct and control race meetings for the purpose of betting; and
	(ii)	ensure that races conducted by it will be conducted honestly and free from criminal influence; and
	(c)	provide to the Minister—
	(i)	a copy of the rules under which it proposes to conduct race meetings (including a specification of the kinds of races);
	(ii)	the particulars of the racecourse or racecourses on which it proposes to conduct race meetings; and
	(iii)	such other information as the Minister requires for the purpose of evaluating the application.
(2) 	Where the Minister is satisfied that—
	(a)	the applicant satisfies paragraphs (1) (a) and (b); and
	(b)	the rules referred to in subparagraph (1) (c) (i) are satisfactory;
the Minister shall approve an application unless he or she is satisfied that it would be against the public interest to do so.
(3) 	An approval may be subject to such conditions as the Minister thinks appropriate.
(4) 	An approval under this section includes an approval of the rules referred to in subparagraph (1) (c) (i).
(5) 	Where the Minister refuses an application, he or she shall give the reasons for the decision in writing.
35. 	Variation of conditions or approved rules
(1) 	The Minister may, on his or her own initiative or on the application of an ARO, add to or vary any conditions of approval under subsection 34 (3).
(2) 	The Minister may, on the application of an ARO, approve a change to the rules approved under subsection 34 (4).
(3) 	In considering whether to act under this section, the Minister shall satisfy himself or herself as to the matters referred to in subsection 34 (2), and may require the ARO to provide such information as he or she requires for that purpose.
36. 	Revocation of approval of AROs
	Where the Minister is satisfied that an ARO no longer satisfies paragraph 34 (1) (a) or (b), or has contravened a provision of this Act, he or she may revoke the organisation’s approval.
37. 	AROs must provide reports
	An ARO shall provide the Minister with a copy of each report or statement of accounts of the organisation provided to members or shareholders of the organisation.
PART V—The RACING Appeals TRIBUNAL
Division 1—The Tribunal
38. 	Establishment
	The Racing Appeals Tribunal is established.
39. 	Functions
	The functions of the Tribunal are—
	(a)	to hear and determine appeals; and
	(b)	to perform such other functions as are conferred on the Tribunal by or under this or another Act.
40. 	Membership
(1) 	The Tribunal shall consist of—
	(a)	a President;
	(b)	a Deputy President; and
	(c)	4 other members.
(2) 	The appointment and conditions of office of members of the Tribunal shall be in accordance with Schedule 1.
41. 	Constitution for appeals
(1) 	For the purpose of hearing an appeal, the Tribunal shall be constituted, subject to subsection (2), by 3 members, of which 1 shall be the President or Deputy President.
(2) 	Where the President is satisfied that an appeal for hearing is of a sufficiently minor nature, the Tribunal shall be constituted as determined by the President.
(3) 	The Tribunal, separately constituted under this section, may sit simultaneously to determine separate matters.
42. 	Assessors
(1) 	The Tribunal may have assessors.
(2) 	The President may direct that the Tribunal, in hearing an appeal, shall be assisted by 1 or more assessors.
(3) 	An assessor assisting the Tribunal may assist and advise the Tribunal on any matter before it, but shall not adjudicate on any matter.
(4) 	The appointment and conditions of office of assessors shall be in accordance with Schedule 2.
43. 	Powers
(1) 	The Tribunal may—
	(a)	by summons signed by the President, the Deputy President or the Registrar—
	(i)	require any person to attend before the Tribunal; or
	(ii)	require any document or other thing to be produced before the Tribunal; and
	(b)	inspect or make copies of any document or other thing produced before the Tribunal, and retain it for such reasonable period as it thinks appropriate.
(2) 	The Tribunal may take evidence on oath or affirmation and, for that purpose, a member of the Tribunal may—
	(a)	require a person attending before the Tribunal to take an oath or make an affirmation; and
	(b)	administer an oath or affirmation to such a person.
(3) 	The Tribunal has power to do all other things necessary or convenient to be done in connection with the performance of its functions.
44. 	Offences
	A person shall not, without reasonable excuse—
	(a)	fail to attend before the Tribunal when summoned;
	(b)	fail to produce a document or thing before the Tribunal when required to do so;
	(c)	fail to make an oath or affirmation when required to do so by the Tribunal; 
	(d)	fail to answer a relevant question when directed to do so by the Tribunal; or
	(e)	misbehave before the Tribunal or interrupt its proceedings.
Penalty:	 20 penalty units.
45. 	Rules of the Tribunal
(1) 	The Tribunal may make rules (in this Act called the “Rules of the Tribunal”) for the procedure of the Tribunal.
(2) 	Rules made under this section constitute a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
46. 	Registrar
(1) 	There shall be a Registrar of the Tribunal. 
(2) 	The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of the Tribunal.
(3) 	The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
Division 2—Hearing of appeals
47. 	Jurisdiction
(1) 	The Tribunal has jurisdiction to hear and determine an appeal from a person aggrieved by a decision of a controlling body, an ARO or another person conducting a race meeting where—
	(a)	the decision was made, or purported to be made, under the relevant Approved Rules or special Rules; and
	(b)	the decision—
	(i)	disqualified or suspended a person or animal from participating in events governed by those rules in any particular capacity; or 
	(ii)	imposed a fine.
(2) 	The Tribunal has jurisdiction to hear and determine an appeal from a person aggrieved by a decision of a controlling body or an ARO that requires a person not to enter a racecourse or training track.
48. 	Lodging of appeals
	Unless the Tribunal allows an extension of time, an appeal under this Part shall be lodged with the Registrar within 7 days after the appellant is informed of the decision.
49. 	Suspension of decision pending hearing of the appeal
	The President or the Deputy President of the Tribunal may, if satisfied that it is appropriate to do so, order that the operation of the decision appealed against be suspended until the Tribunal determines otherwise.
50. 	Parties
	The parties to an appeal are—
	(a)	the appellant;
	(b)	the controlling body, ARO or other person whose decision is being appealed against; and
	(c)	any other person who satisfies the Tribunal that the person is directly affected by or interested in the subject matter of the appeal.
51. 	Notice of hearing
(1) 	The Tribunal shall give a party to an appeal reasonable notice of the time and place at which it intends to hear the appeal.
(2) 	If a party fails to appear at a hearing, in person or by a representative, the Tribunal may hear the appeal in that party’s absence. 
52. 	Representation
	A party to an appeal may be represented—
	(a)	by a legal practitioner; or
	(b)	with the leave of the Tribunal—by some other representative. 
53. 	Bond
(1) 	An appeal shall not be heard by the Tribunal unless the appellant has first lodged with the Registrar any bond required under the Rules of the Tribunal.
(2) 	A bond paid by an appellant shall not be refunded unless—
	(a)	the Tribunal allows the appeal in whole or in part; or 
	(b)	the appellant satisfies the Tribunal that the appeal was genuinely instituted on reasonable grounds and not for the purpose of delaying the operation of the decision or order under appeal. 
54. 	Hearings to be in public
	An appeal to the Tribunal shall be heard in public unless the Tribunal, for good reason, determines otherwise. 
55. 	Adjournments
	The Tribunal may at any time adjourn the hearing of an appeal as it thinks appropriate.
56. 	Record of proceedings
	The Tribunal shall keep a record of its proceedings.
57. 	Evidence
(1) 	Except as otherwise determined by the Tribunal, an appeal shall be conducted by way of rehearing upon the evidence at the original hearing, but the Tribunal may receive fresh evidence given orally or, if the Tribunal so determines, by statutory declaration.
(2) 	The Tribunal may inform itself in any way it thinks appropriate.
(3) 	The Tribunal shall give each party to an appeal a reasonable opportunity to make submissions to the Tribunal, to give evidence and to call, examine or cross-examine witnesses.
58. 	Procedure for decision by the Tribunal 
(1) 	A decision by the Tribunal shall be made by a majority of the members present, with the senior member having a casting vote where there is no majority.
(2) 	For the purposes of this section, the President shall determine the order of seniority of members of the Tribunal.
59. 	Principles upon which decisions made 
(1) 	The Tribunal must act according to equity and good conscience and the substantial merits of the case without regard to technicalities and legal forms. 
(2) 	The Tribunal is not bound by the rules of evidence and may inform itself on any matter as it thinks appropriate.
60. 	Orders etc. that may be made by the Tribunal 
(1) 	The Tribunal may, on the hearing of an appeal—
	(a)	affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, any decision or order that could have been made by the original decision-maker; 
	(b)	remit the subject matter of the appeal to the person or body that made the decision for further hearing or consideration; or
	(c)	subject to subsection (2), make any other order that the case requires. 
(2) 	The Tribunal may make an order as to costs if it considers that it would be unjust for each party to bear its own costs.
61. 	Decisions of the Tribunal final and binding 
	A decision of the Tribunal on an appeal is final and binding on the persons and bodies affected.
Part vi—Miscellaneous
62. 	Immunity from liability 
	No liability attaches to a member of the Tribunal for an act or omission done in good faith in the exercise or performance, or purported exercise or performance, of powers or functions under this Act.
63. 	Appeal to the Administrative Appeals Tribunal
	Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Minister—
	(a)	under section 6, refusing approval of a race meeting for the purpose of betting;
	(b)	under section 7, setting requirements for the publication of schedules;
	(c)	under section 9, refusing approval for a phantom race; or
	(d)	under section 12, refusing approval of special Rules.
64. 	Annual report
	The Tribunal is a public authority for the purposes of the Annual Reports (Government Agencies) Act 1995.
65. 	Fees
	The Minister may determine fees for receiving applications or giving licences or approvals under this Act.
66. 	Regulations
(1) 	The Executive may make regulations for the purposes of this Act.
(2) 	The regulations may—
	(a)	specify the manner in which a controlling body is to fulfil its functions under this Act;
	(b)	provide in relation to the operations and functions of the Tribunal; and
	(c)	limit the jurisdiction of the Tribunal in relation to any of the Approved or special Rules by excluding appeals in relation to—
	(i)	fines of less than an amount specified; or
	(ii)	suspensions shorter than a length of time specified.
67. 	Delegation
	The Minister may delegate to another person any power under this Act apart from those given under subsection 5 (4), and sections 20, 26, 32 and 35.
68. 	Repeal
	The following Acts are repealed:
	(a)	the Racecourses Act 1935;
	(b)	the Racecourses  Act 1945;
	(c)	the Racecourses  Act 1946;
	(d)	the Racecourses  Act 1970;
	(e)	the Racecourses  (Amendment) Act 1976;
	(f)	the Racecourses  (Amendment) Act 1983.
69. 	Consequential amendments of other Acts
	The Acts specified in Schedule 3 are amended as set out in that Schedule.

	SCHEDULE 1  	Section 40
Members of the tribunal
1. 	Appointment of members
(1) 	Members of the Tribunal shall be appointed by the Minister.
(2) 	The President and Deputy President shall be legal practitioners of not less than 5 years standing.
(3) 	A person is not eligible to be a member of the Tribunal if the person is—
	(a)	an officer or employee of a controlling body;  
	(b)	registered with or licensed by a controlling body under the Approved Rules (otherwise than as the owner of a horse or dog that is so registered or licensed); or
	(c)	registered with or licensed by a corresponding body (otherwise than as the owner of a horse or dog that is so registered or licensed), where the registration or licence is of a kind recognised by a controlling body for the purposes of the Approved Rules.
(4) 	A member whose term has expired is eligible for re-appointment. 
2. 	Acting appointments
(1) 	The Deputy President of the Tribunal shall act as President if the President is for any reason unable or unavailable to act.
(2) 	Subject to this clause, the Minister may appoint a qualified person to act in the place of a member when the member is for any reason unable or unavailable to act in that member’s capacity.
(3) 	An appointment under subclause (2) shall not authorise a person to act for a continuous period of more than 6 months.
(4) 	Anything done by or in relation to a person purporting to act under this clause is not invalid merely because—
	(a)	the occasion to act had not arisen or had ceased;
	(b)	there was a defect or irregularity in an appointment; or
	(c)	the appointment had ceased to have effect.

3. 	Term of office
	A member of the Tribunal is appointed for the term of office, not exceeding 3 years, specified in the instrument of appointment.
4. 	Removal of members
(1) 	The Minister shall terminate the appointment of a member of the Tribunal if the member—
	(a)	resigns by giving written notice to the Minister;
	(b)	ceases to be eligible for membership in the relevant capacity;
	(c)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of remuneration for their benefit; or
	(d)	fails to disclose an interest as required by clause 7.
(2) 	The Minister may terminate the appointment of a member of the Tribunal for misbehaviour or physical or mental incapacity.
5. 	Remuneration and allowances
(1) 	A member of the Tribunal shall be paid such remuneration and allowances as are prescribed in the regulations.
(2) 	Subclause (1) does not apply—
	(a)	in relation to remuneration—if there is a subsisting determination relating to the remuneration to be paid to a member; or
	(b)	in relation to an allowance of a particular kind—if there is a subsisting determination relating to an allowance of that kind to be paid to a member.
(3) 	In this clause—
“determination” means a determination under the Remuneration Tribunal Act 1995.

6. 	Leave of absence
	The Minister may grant a member of the Tribunal leave of absence on such terms and conditions as to remuneration and otherwise as the Minister determines.
7. 	Disclosure of interests
(1) 	This clause applies where a member has or acquires an interest that could conflict with the member’s proper performance of his or her functions as a member of the Tribunal as constituted for a hearing.
(2) 	A member shall inform the President when it becomes apparent that this clause applies in relation to the member.
(3) 	As far as is reasonably possible, the Tribunal shall be constituted or reconstituted for the hearing so that the member concerned is not involved.
(4) 	Where circumstances require the member to be, or remain, on the Tribunal as constituted for the hearing—
	(a)	the member shall disclose the interest to the parties; and
	(b)	the member shall not take part in the hearing, or exercise any powers in relation to it, except with the consent of all the parties.

	SCHEDULE 2 	Section 42 
assessors of the tribunal
1. 	Appointment of assessors
	Assessors shall be appointed by the Minister from among persons who the Minister is satisfied have special knowledge of or experience in the racing industry.
2. 	Term of office
	An assessor is appointed for the term of office, not exceeding 3 years, specified in the instrument of appointment, and is eligible for re-appointment.
3. 	Removal of assessors
(1) 	The Minister shall terminate the appointment of an assessor if the assessor—
	(a)	resigns by giving written notice to the Minister; or
	(b)	fails to disclose an interest as required by clause 5.
(2) 	The Minister may terminate the appointment of an assessor for misbehaviour or physical or mental incapacity.
4. 	Remuneration and allowances
(1) 	An assessor shall be paid such remuneration and allowances as are prescribed in the regulations.
(2) 	Subclause (1) does not apply—
	(a)	in relation to remuneration—if there is a subsisting determination relating to the remuneration to be paid to an assessor; or
	(b)	in relation to an allowance of a particular kind—if there is a subsisting determination relating to an allowance of that kind to be paid to an assessor.
(3) 	In this clause—
“determination” means a determination under the Remuneration Tribunal Act 1995.

5. 	Disclosure of interests
	An assessor—
	(a)	shall inform the President when it becomes apparent that the assessor has or has acquired an interest that could conflict with the assessor’s proper performance of his or her functions as assessor of the Tribunal in a hearing; and
	(b)	shall not take part in the hearing.

SCHEDULE 3  	Section 69  
consequential amendments of other acts
Betting (ACTTAB Limited) Act 1964
Paragraph 44 (1) (d)—
	Omit “in respect of which a licence issued under section 7 of the Racecourses Act 1935 has ceased to be in force”, substitute “that has ceased to be a licensed racecourse for the purposes of the Racing Act 1999”.
	Gaming and Betting Act 1906 of the State of New South Wales in its application to the Territory
Section 2 (definition of “racecourse”)—
	Omit the definition, substitute the following definition:
“ ‘racecourse’ means a licensed racecourse for the purposes of the Racing Act 1999;”.
National Exhibition Centre Trust Act 1976
Section 30—
	Omit “Racecourses Act 1935”, substitute “Racing Act 1999”.
[Presentation speech made in Assembly on 10 December 1998]

©  Australian Capital Territory 1999