Racing Integrity Act 2016
sec.240What is an original decision
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sec.240 What is an original decision
An original decision is a decision to do any of the following— refuse to grant or renew a licence; take disciplinary action relating to a licence; censure the holder of a licence; take an exclusion action against a person; impose a monetary penalty on a person; impose any other non-monetary penalty on a person; seize, under this Act or a warrant, an animal or other thing, unless the seizure was in a circumstance mentioned in section 184 (1) (a) or (b) ; forfeit, under section 187 (1) , an animal or other thing; give an animal welfare direction; another decision prescribed by regulation. However, the following decisions are not original decisions— a decision relating to the eligibility of an animal to race or the conditions under which an animal can race; the commission’s decision requiring an animal to pass a stated examination or test before being allowed to race a decision cancelling or suspending a licence for an animal, unless the cancellation or suspension relates to— a decision to take disciplinary action relating to the licence of a licence holder; or a decision to take an exclusion action, under the control body’s rules of racing, against a person; a decision about a protest or objection against placed animals relating to an incident that happened during a race or trial; a decision relating to a dispute between a racing bookmaker and a person who placed a bet with the bookmaker for a race; a decision to stop, restart, rerun, postpone or abandon a race; another decision that is— a racing decision of a steward reviewable under part 4 , division 2 ; or a decision of the Racing Appeals Panel. In this section— exclusion action , relating to a person, see the Racing Act , schedule 1 . s 240 amd 2022 No. 24 s 23 (sec.240-ssec.1) An original decision is a decision to do any of the following— refuse to grant or renew a licence; take disciplinary action relating to a licence; censure the holder of a licence; take an exclusion action against a person; impose a monetary penalty on a person; impose any other non-monetary penalty on a person; seize, under this Act or a warrant, an animal or other thing, unless the seizure was in a circumstance mentioned in section 184 (1) (a) or (b) ; forfeit, under section 187 (1) , an animal or other thing; give an animal welfare direction; another decision prescribed by regulation. (sec.240-ssec.2) However, the following decisions are not original decisions— a decision relating to the eligibility of an animal to race or the conditions under which an animal can race; the commission’s decision requiring an animal to pass a stated examination or test before being allowed to race a decision cancelling or suspending a licence for an animal, unless the cancellation or suspension relates to— a decision to take disciplinary action relating to the licence of a licence holder; or a decision to take an exclusion action, under the control body’s rules of racing, against a person; a decision about a protest or objection against placed animals relating to an incident that happened during a race or trial; a decision relating to a dispute between a racing bookmaker and a person who placed a bet with the bookmaker for a race; a decision to stop, restart, rerun, postpone or abandon a race; another decision that is— a racing decision of a steward reviewable under part 4 , division 2 ; or a decision of the Racing Appeals Panel. (sec.240-ssec.3) In this section— exclusion action , relating to a person, see the Racing Act , schedule 1 .