50ZChairperson or Deputy Chairpersons may authorise a person to take evidence

50Z Chairperson or Deputy Chairpersons may authorise a person to take evidence (1) The Chairperson or a Deputy Chairperson may authorise, in writing, a person (whether or not that person is a member of the Victorian Racing Tribunal) to take evidence on behalf of the Victorian Racing Tribunal for the purposes of any proceeding. (2) A person may take evidence on behalf of the Victorian Racing Tribunal under this section outside Victoria if this is authorised by the Chairperson or a Deputy Chairperson. (3) The Chairperson or a Deputy Chairperson may give directions as to the taking of evidence under this section. (4) If a person who is not a member of the Victorian Racing Tribunal is authorised to take evidence under this section, the person has all of the powers a member of the Victorian Racing Tribunal has in relation to the taking of evidence. (5) Evidence taken under this section— (a) is deemed to be evidence given to the Victorian Racing Tribunal; and (b) in the case of evidence taken outside Victoria, is deemed to have been given in Victoria. S. 50ZA inserted by No. 37/2018 s. 14. 50ZA Retention of documents and exhibits (1) The Victorian Racing Tribunal may retain— (a) for a reasonable period and make copies of, or take extracts from, any document produced to the Victorian Racing Tribunal in the course of a hearing; or (b) for a reasonable period any exhibit or thing produced to the Victorian Racing Tribunal in the course of a hearing. (2) If— (a) the Victorian Racing Tribunal makes a copy of a document referred to in subsection (1)(a); and (b) a member of the Victorian Racing Tribunal certifies the copy to be a true copy of the original— the certified copy is admissible in evidence before any court, tribunal or other person acting judicially as if it were the original. S. 50ZB inserted by No. 37/2018 s. 14. 50ZB Protection of parties and members of Victorian Racing Tribunal (1) A member of the Victorian Racing Tribunal has, in respect of the performance of the member's functions as a member, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge. (2) A person legally representing a party in a proceeding before the Victorian Racing Tribunal has the same protection and immunity as an Australian lawyer has in representing a party in a proceeding in the Supreme Court. (3) A party to a proceeding before the Victorian Racing Tribunal has the same protection and immunity as a party has in a proceeding in the Supreme Court. (4) A person who gives information or evidence, or produces a document to the Victorian Racing Tribunal has the same protection and immunity as a witness has in a proceeding in the Supreme Court. (5) A person taking evidence on behalf of the Victorian Racing Tribunal under section 50Z has, in the performance of the person's functions under that section, the same protection and immunity as a member of the Victorian Racing Tribunal. (6) An expert who assists the Victorian Racing Tribunal has, in the performance of the expert's functions, the same protection and immunity as a member of the Victorian Racing Tribunal. S. 50ZC inserted by No. 37/2018 s. 14. 50ZC Service of documents by the Victorian Racing Tribunal (1) For the purposes of this Part, a document (other than a notice under section 50S or 50U) may be served on or given to— (a) a natural person— (i) by delivering it personally to the person; or (ii) by sending it to the person by post at the person's usual or last known residential or business address, by facsimile or by other electronic communication; or (iii) by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 18 years old and apparently residing or employed there; or (b) a body corporate— (i) by delivering it personally to the registered office of the body corporate; or (ii) by sending it by post, facsimile or other electronic communication to the registered office of the body corporate; or (iii) in any other way that service of documents may be effected on a body corporate; or (c) an incorporated association within the meaning of the **Associations Incorporation Reform Act 2012**, in accordance with section 217 of that Act; or (d) an unincorporated association— (i) by delivering it personally to the president, secretary or other similar officer of the association; or (ii) by sending it by post to the president, secretary or other similar officer of the association at that president's, secretary's or other officer's usual or last known residential or business address or by facsimile or other electronic communication; or (e) in any other case— (i) in a manner permitted by the rules; or (ii) in a manner directed by the Victorian Racing Tribunal. (2) Subsection (1)(b) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act. S. 50ZD inserted by No. 37/2018 s. 14. 50ZD When is service effected? (1) For the purposes of section 50ZC, a document is taken to have been served on, or given to, a natural person, body corporate, incorporated association or an unincorporated association— (a) in the case of a delivery in person—at the time the document is delivered; or (b) in the case of posting—2 business days after the day on which the document was posted; or (c) in the case of facsimile or other electronic communication—in accordance with the **Electronic Transactions (Victoria) Act 2000**. (2) If a facsimile or other electronic communication is received after 4.00 p.m. on any day, it is taken to have been received on the next business day. ***business day*** means a day other than— (a) a Saturday or Sunday; or (b) a day appointed under the **Public Holidays Act 1993** as a public holiday in the place where the document is sent or delivered. Division 4—Determinations of the Victorian Racing Tribunal S. 50ZE inserted by No. 37/2018 s. 14. 50ZE Determinations of the Victorian Racing Tribunal (1) In the determination of any matter before the Victorian Racing Tribunal, the Victorian Racing Tribunal may— (a) decide all questions of fact; and (b) make any decision or order that the Victorian Racing Tribunal considers is required in the interests of justice, including the imposition of any penalty under the rules. (2) In determining an appeal under section 50K, 50L or 50M, the Victorian Racing Tribunal may— (a) affirm, set aside or vary the decision that is the subject of the appeal; or (b) quash, set aside, mitigate, reduce, vary 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 that is the subject of the appeal. S. 50ZF inserted by No. 37/2018 s. 14. 50ZF Victorian Racing Tribunal to provide written statement of reasons for determinations on request (1) After the Victorian Racing Tribunal has made a determination under section 50ZE, a party to a proceeding may request that the Victorian Racing Tribunal provide a written statement of reasons for its determination. (2) A request under subsection (1) must be made within 28 days after the date of the Victorian Racing Tribunal's determination. (3) After receiving a request made under subsection (1), the Victorian Racing Tribunal must provide a written statement of reasons within 28 days of the request. (4) A written statement of reasons must set out— (a) the reasons for the Victorian Racing Tribunal's determination; and (b) the Victorian Racing Tribunal's findings on material questions of fact that led to the determination, referring to the evidence or other material on which those findings were based. (5) A written statement of reasons must form part of the record of the proceeding in respect of which the determination was made. Division 5—Offences S. 50ZG inserted by No. 37/2018 s. 14. 50ZG Offence to fail to comply with a notice to produce or attend A person who is duly served with a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal must not, without reasonable excuse, fail to comply with the notice. S. 50ZH inserted by No. 37/2018 s. 14. 50ZH Offence to fail to take oath, make affirmation or answer question A person who is duly served with a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal must not, without reasonable excuse— (a) refuse or fail to take an oath or make an affirmation when required to do so; or (b) refuse or fail to answer a question that the person is required to answer by the Victorian Racing Tribunal. S. 50ZI inserted by No. 37/2018 s. 14. 50ZI Offence to make false or misleading statements or produce false or misleading documents or other things (1) A person must not make a statement to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar that the person knows to be false or misleading in a material particular. (2) A person must not produce a document or other thing to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar that the person knows to be false or misleading in a material particular unless the person— (a) indicates to the Victorian Racing Tribunal or the Victorian Racing Tribunal Registrar the respect in which it is false or misleading; and (b) to the extent practicable, provides the correct information. S. 50ZJ inserted by No. 37/2018 s. 14. 50ZJ Privilege against self-incrimination does not apply (1) It is not a reasonable excuse for a person to refuse or fail to comply with a requirement under this Act to give information (including answering a question) or to produce a document to the Victorian Racing Tribunal on the ground that the information or document might tend to incriminate the person or make the person liable to a penalty. (2) If a person claims, before giving information or producing a document to the Victorian Racing Tribunal, that the information or document might tend to incriminate the person, the information or document is not admissible in evidence in any criminal proceeding, other than in a proceeding in respect of section 50ZI in relation to the falsity of the information given. S. 50ZK inserted by No. 37/2018 s. 14. 50ZK Contempt of the Victorian Racing Tribunal (1) A person must not— (a) insult, threaten or intimidate a member of the Victorian Racing Tribunal in the performance of functions or the exercise of powers as a member at a hearing before the Victorian Racing Tribunal; or (b) repeatedly interrupt a hearing before the Victorian Racing Tribunal; or (c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Victorian Racing Tribunal is conducting a hearing; or (d) do any other act that would, if the Victorian Racing Tribunal were the Supreme Court, constitute contempt of that Court. Penalty: 240 penalty units or imprisonment for 2 years or both. (2) Despite subsection (1), the Chairperson or a Deputy Chairperson may— (a) accept an apology for a contempt; and (b) remit any punishment for it either wholly or in part. S. 50ZL inserted by No. 37/2018 s. 14, repealed by No. 2/2022 s. 17. Pt 3 (Heading) amended by No. 8209 s. 21(1)(a)(ii). Part III—Greyhound racing No. 6070 s. 51. S. 51 amended by No. 45/2004 s. 8(2) (ILA s. 39B(1)).