Australian Capital Territory

Racing Appeals Tribunal Appointment 
2012 (No 5)

Disallowable instrument DI2012-61

made under the 

Racing Act 1999, s 40 (Membership) and sch 1, s 1.1 (Tribunal
members ‑ appointment)

EXPLANATORY STATEMENT

Section 38 of the Racing Act 1999 (the Act) establishes the Racing Appeals Tribunal to hear and determine appeals from persons aggrieved by a decision of a controlling body, an approved racing organisation or another person conducting a race meeting in the ACT.

Section 40 of the Act provides that the Tribunal must consist of a president, a deputy president and 4 other members, and that the appointment and conditions of office of members of the Tribunal must be in accordance with schedule 1.

Schedule 1, subsection 1.1(1) of the Act provides that members of the Tribunal are to be appointed by the Minister.  Schedule 1, subsection (1.1)(3) provides that a person is not eligible to be a member of the tribunal if the person is:
•	an officer or employee of a controlling body;  
•	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
•	registered with or licensed by a corresponding body (otherwise than as the owner of a horse or dog that is so registered or licensed), if the registration or licence is of a kind recognised by a controlling body for the approved rules.
Schedule 1, section 1.3 of the Act provides that a member of the Tribunal must be appointed for a term not longer than three years.

The Minister has appointed Ms Dorothy Topfer as a member of the Racing Appeals Tribunal. 

Ms Topfer meets the eligibility requirements in relation to schedule 1, subsection (1.1)(3).

Under section 229 (Appointment is disallowable instrument) of the Legislation Act 2001 the instrument making the appointment is a disallowable instrument. 
The Standing Committee on Public Accounts has been consulted about this appointment in accordance with section 228 (Consultation with appropriate Assembly committee) of the Legislation Act 2001.  The Committee advised that it has no recommendation to make on the appointment.  

Ms Topfer is not a public servant. 

The appointment is for three years commencing the day after notification.