QLDIn ForceAct
Racing Act 2002
sec.120Direction to licensed club to rectify matter
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### sec.120 Direction to licensed club to rectify matter
This section applies if, after considering the accepted representations for a show cause notice, the control body—
still believes a ground exists to suspend or cancel the licensed club’s licence; and
believes a matter relating to the ground to suspend or cancel the licence is capable of being rectified and it is appropriate to give the club an opportunity to rectify the matter.
The control body may direct the club to rectify the matter.
The direction can be effected only by the control body giving the club an information notice about the control body’s decision to give the direction to it, including the period for rectifying the matter.
The period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified.
A licensed club must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse.
Maximum penalty—400 penalty units.
The licensed club can not be prosecuted, or have its licence suspended or cancelled, for the ground giving rise to the information notice unless the club—
fails to comply with the notice within the period stated in the notice as the period for rectifying the matter; and
does not have a reasonable excuse for failing to comply with the notice.
A control body’s power to give a direction to a licensed club under another provision of this Act is not limited by the control body’s power to give a direction under this section.
(sec.120-ssec.1) This section applies if, after considering the accepted representations for a show cause notice, the control body— still believes a ground exists to suspend or cancel the licensed club’s licence; and believes a matter relating to the ground to suspend or cancel the licence is capable of being rectified and it is appropriate to give the club an opportunity to rectify the matter.
(sec.120-ssec.2) The control body may direct the club to rectify the matter.
(sec.120-ssec.3) The direction can be effected only by the control body giving the club an information notice about the control body’s decision to give the direction to it, including the period for rectifying the matter.
(sec.120-ssec.4) The period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified.
(sec.120-ssec.5) A licensed club must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse. Maximum penalty—400 penalty units.
(sec.120-ssec.6) The licensed club can not be prosecuted, or have its licence suspended or cancelled, for the ground giving rise to the information notice unless the club— fails to comply with the notice within the period stated in the notice as the period for rectifying the matter; and does not have a reasonable excuse for failing to comply with the notice.
(sec.120-ssec.7) A control body’s power to give a direction to a licensed club under another provision of this Act is not limited by the control body’s power to give a direction under this section.
- (a) still believes a ground exists to suspend or cancel the licensed club’s licence; and
- (b) believes a matter relating to the ground to suspend or cancel the licence is capable of being rectified and it is appropriate to give the club an opportunity to rectify the matter.
- (a) fails to comply with the notice within the period stated in the notice as the period for rectifying the matter; and
- (b) does not have a reasonable excuse for failing to comply with the notice.