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Racing Act 1999
43Powers in relation to witnesses etc
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43 Powers in relation to witnesses etc
(1) The president, the deputy president or the registrar, may, by written
notice given to a person, require the person to appear before the
tribunal at a hearing, at a stated time and place, to do either or both of
the following:
(a) to give evidence;
(b) to produce a stated document or other thing relevant to the
hearing.
(2) The member presiding at a hearing of the tribunal may require a
witness appearing before the tribunal to give evidence to do 1 or more
of the following:
(a) to take an oath;
(b) to answer a question relevant to the hearing;
The Racing Appeals Tribunal Part 5
The tribunal Division 5.1
Section 44
R24
26/11/25
Racing Act 1999
Effective: 26/11/25
page 19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(c) to produce a stated document or other thing relevant to the
hearing.
Note 1 Oath includes affirmation and take an oath includes make an affirmation
(see Legislation Act, dict, pt 1).
Note 2 The Legislation Act, s 170 and s 171 deal with the application of the
privilege against self-incrimination and client legal privilege.
(3) The tribunal may inspect or make copies of any document or other
thing produced before the tribunal and keep it for the reasonable
period it considers appropriate.
44 Application of Criminal Code, ch 7
An appeal before the tribunal is a legal proceeding for the Criminal
Code, chapter 7 (Administration of justice offences).
Note That chapter includes offences (eg perjury, falsifying evidence, failing to
attend and refusing to be sworn) applying in relation to tribunal
proceedings.