Racing (Integrity and Disciplinary Structures) Regulations 2019
S.R. No. 66/2019
Version as at
1 August 2019
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provisions 1
3 Commencement 1
4 Definition 1
5 Appeals to Victorian Racing Tribunal 2
6 Appeals in respect of approvals for approved off‑course premises 2
7 Appeals in respect of Trainer User Agreements 2
8 Details in respect of serious offence charges 2
9 The register 3
Schedule 1—Forms 5
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Endnotes 11
1 General information 11
2 Table of Amendments 13
3 Amendments Not in Operation 14
4 Explanatory details 15
Version No.001
Racing (Integrity and Disciplinary Structures) Regulations 2019
S.R. No. 66/2019
Version as at
1 August 2019
1 Objectives
The objectives of these Regulations are—
(a) to prescribe forms for the purposes of racing appeals and disciplinary hearings; and
(b) to prescribe details of charges for serious offences to be given to the Victorian Racing Tribunal Registrar; and
(c) to prescribe the form of register to be kept by the Victorian Racing Tribunal Registrar; and
(d) to prescribe particulars of appeals lodged with, and offences heard by, the Victorian Racing Tribunal that are to be recorded in the register.
2 Authorising provisions
These Regulations are made under sections 50ZL and 83OG of the Racing Act 1958.
3 Commencement
These Regulations come into operation on 1 August 2019.
4 Definition
In these Regulations—
the Act means the Racing Act 1958.
5 Appeals to Victorian Racing Tribunal
For the purposes of section 50K(2)(a) of the Act, the prescribed form of appeal is set out in Form 1 of Schedule 1.
6 Appeals in respect of approvals for approved off‑course premises
For the purposes of section 50M(2)(a) of the Act, the prescribed form of appeal is set out in Form 2 of Schedule 1.
7 Appeals in respect of Trainer User Agreements
An appeal to the Victorian Racing Tribunal in respect of a Trainer User Agreement must be in the form of Form 3 of Schedule 1.
8 Details in respect of serious offence charges
For the purposes of section 50O(2) of the Act, the following details are prescribed in respect of each charge—
(a) the name of the person who is charged;
(b) whether the charge relates to greyhound racing, harness racing or thoroughbred racing;
(c) the charge number, if there is more than one charge;
(d) the number and details of the rule setting out the serious offence under which the charge is laid;
(e) the particulars of the charge;
(f) the date the person was charged;
(g) the signature, name and authority of the person that charged the person with a serious offence.
9 The register
(1) For the purposes of section 83OF(1)(a) of the Act, the register is in the prescribed form if it is wholly or partly in an electronic form or a documentary form.
(2) For the purposes of section 83OF(1)(a) of the Act, the following particulars are prescribed—
(a) in respect of appeals lodged with the Victorian Racing Tribunal—
(i) the number and year of the hearing of the appeal; and
(ii) the dates of the appeal hearing; and
(iii) whether the appeal relates to greyhound racing, harness racing or thoroughbred racing; and
(iv) the name of the appellant; and
(v) the rules under which the penalty being appealed was imposed; and
(vi) the particulars of the charge for which the penalty was imposed, or the particulars of the decision being appealed; and
(vii) the penalty imposed on the person; and
(viii) the grounds of appeal; and
(ix) the determination made by the Tribunal in respect of the appeal;
(b) in respect of serious offences to be heard by the Victorian Racing Tribunal—
(i) the hearing number and year of hearing; and
(ii) the dates of the hearing; and
(iii) whether the hearing relates to greyhound racing, harness racing or thoroughbred racing; and
(iv) the name of the person charged; and
(v) the rules under which the person was charged with a serious offence; and
(vi) the particulars of the charge; and
(vii) the determination made by the Tribunal.
Schedule 1—Forms
Form 1
Section 50K Appeal to the Victorian Racing tribunal
Regulation 5
Appeals to be lodged with: FAX: PHONE:
Tribunal Registrar EMAIL:
Address:
Appeal notices must be lodged by 5 p.m. on the third day after the day the appellant receives notice of the decision.An appellant may lodge an appeal out of time with the leave of the Victorian Racing Tribunal.
Name of appellant:
Address:
Address for service:
Telephone: Fax:
Email:
I give notice that I appeal against the decision to impose a penalty under the Rules of:
*Greyhound Racing Victoria *Harness Racing Victoria
*Racing Victoria Limited
On [date of decision] in Race No. [if applicable]
at [racetrack/meeting]
I [name] was found guilty under rule [rule under which penalty imposed] of a charge of [particulars of charge]
The following penalty was imposed:
*fine of $
*suspension/*disqualification of my licence for *days *weeks
*months *years
*meetings
Commencing [date] and expiring [date]
*warning off
The grounds for my appeal are:
*If leave to lodge appeal out of time has been granted, the date on which leave was granted (attach evidence of the grant).
*I do not intend to apply for a stay of the penalty imposed.
*I intend to apply for a stay of the penalty imposed on the following grounds.
Please note: Engagements booked for race meetings after the hearing date of an appeal are made on the understanding that suspensions, disqualifications or warnings off may take effect immediately should the appeal be unsuccessful and the appellant will be unable to fulfil the engagement.
*I will be representing myself at the hearing of the appeal
*I will be represented at the hearing of the appeal by:
Name:
Address: Telephone:
Email: Fax:
Signature of Appellant Date:
*Delete if inapplicable
Form 2
Section 50M Appeal to the Victorian Racing tribunal
Regulation 6
Appeals to be lodged with: FAX: PHONE:
Tribunal Registrar EMAIL:
Address of premises to which decision relates:
Appeal notices must be lodged by 5 p.m. on the third day after the day the appellant receives notice of the decision and a copy of the decision must be submitted with this form. An appellant may lodge an appeal out of time with the leave of the Victorian Racing Tribunal.
Name of appellant:
Licence number of appellant:
Address:
Address for service:
Telephone: Fax:
Email:
I give notice that I appeal against the decision of:
*Greyhound Racing Victoria *Harness Racing Victoria
*Racing Victoria Limited
*made under section 4C of the Racing Act 1958 to refuse my application for approval of off-course premises
*made under section 4D of the Racing Act 1958 to *cancel/*suspend my approval of off-course premises granted under that section
*made under section 4D of the Racing Act 1958 to *vary/*refuse to vary the conditions of my approval of off-course premises granted under section 4C of that Act
On [date of decision]
The grounds for my appeal are:
*If leave to lodge appeal out of time has been granted, the date on which leave was granted (attach evidence of the grant).
*I will be representing myself at the hearing of the appeal.
*I will be represented at the hearing of the appeal by:
Name:
Address: Telephone:
Email: Fax:
Signature of Appellant: Date:
*Delete if inapplicable
Form 3
Section 50C(f) Appeal to the Victorian Racing tribunal
Regulation 7
Appeals to be lodged with: FAX: PHONE:
Tribunal Registrar: EMAIL:
Details of parties to Trainer User Agreement to which decision relates (please attach a copy of the agreement):
Date of the Trainer User Agreement:
Address of premises to which decision relates:
Appeal notices must be lodged by 5 p.m. on the third day after the day the appellant receives notice of the decision and a copy of the decision must be submitted with this form. An appellant may lodge an appeal out of time with the leave of the Victorian Racing Tribunal.
Name of appellant:
Licence number of appellant (if known):
Address:
Address for service:
Telephone: Fax:
Email:
I give notice that I appeal against the decision of:
*Greyhound Racing Victoria *Harness Racing Victoria
*Racing Victoria Limited
On [date of decision]
And the following was imposed:
The grounds for my appeal are:
*If leave to lodge appeal out of time has been granted, the date on which leave was granted (attach evidence of the grant).
*I will be representing myself at the hearing of the appeal.
*I will be represented at the hearing of the appeal by:
Name:
Address: Telephone:
Email: Fax:
Signature of Appellant: Date:
*Delete if inapplicable
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Racing (Integrity and Disciplinary Structures) Regulations 2019, S.R. No. 66/2019 were made on 30 July 2019 by the Governor in Council under sections 50ZL and 83OG of the Racing Act 1958, No. 6353/1958 and came into operation on 1 August 2019: regulation 3.
The Racing (Integrity and Disciplinary Structures) Regulations 2019 will sunset 10 years after the day of making on 30 July 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Racing (Integrity and Disciplinary Structures) Regulations 2019 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.