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Racing Act 1999
Sch 1Members of the tribunal
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Schedule 1 Members of the tribunal
Section 1.7
page 46 Racing Act 1999
Effective: 26/11/25
R24
26/11/25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(3) As far as is reasonably possible, the tribunal must be constituted or
reconstituted for the hearing so that the member concerned is not
involved.
(4) If circumstances require the member to be, or remain, on the tribunal
as constituted for the hearing—
(a) the member must disclose the interest to the parties; and
(b) the member must not take part in the hearing, or exercise any
powers in relation to it, except with the consent of all the parties.
Assessors of the tribunal Schedule 2
Section 2.1
R24
26/11/25
Racing Act 1999
Effective: 26/11/25
page 47
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Schedule 2 Assessors of the tribunal
(see s 42)
2.1 Assessors—appointment
Assessors are to be appointed by the Minister from among people
who the Minister is satisfied have special knowledge of or experience
in the racing industry.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see Legislation Act, s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly
committee and are disallowable (see Legislation Act, div 19.3.3).
2.2 Assessors—term
An assessor must be appointed for a term not longer than 3 years.
Note A person may be reappointed to a position if the person is eligible to be
appointed to the position (see Legislation Act, s 208 and dict, pt 1, def
appoint).
2.3 Assessors—ending of appointments
(1) The Minister must end the appointment of an assessor if the assessor
fails to disclose an interest as required by section 2.5.
(2) The Minister may end the appointment of an assessor for
misbehaviour or physical or mental incapacity.
Note A person’s appointment also ends if the person resigns (see Legislation
Act, s 210).