104Hearing of appeal

104 Hearing of appeal (1) The Chair of the Tribunal may determine the procedures for the hearing of appeals by the Tribunal. (2) The hearing of an appeal is to be conducted by a panel of the Tribunal consisting of the following 3 members: (a) the Chair; (b) 2 other members chosen by the Chair. The Deputy Chair has the power and functions of the Chair when the Chair is unable to conduct a hearing under section 96(3). (3) The members of the panel must be knowledgeable of the racing industry that is the subject of the appeal.

Racing and Wagering Act 2024 51 (4) If both the Chair and Deputy Chair are unable to conduct a hearing: (a) the Chair must choose the 3 members to sit on the panel; and (b) the Chair must appoint one of the 3 members as acting Deputy Chair to preside for the hearing. (5) An appeal is to be heard at a date, time and place determined by the Chair. (6) Unless the panel determines otherwise, the hearing of an appeal is open to the public. (7) If, during the hearing of an appeal, a member of the panel is unable or unavailable to exercise the powers or perform the functions of a member, or the member's appointment is terminated, the remaining members of the panel may continue to hear the appeal. (8) The panel may exercise the powers and must perform the functions of the Tribunal for the purposes of the hearing.