121Appointment, &c., of club officers

121 Appointment, &c., of club officers

(1)  Despite any law or Rules of Racing to the contrary, the appointment or dismissal of a prescribed officer of a registered club is subject to the approval of Tasracing.

(2)  Where application is made to Tasracing to approve the appointment or dismissal of a person as a prescribed officer of a registered club, Tasracing, in its absolute discretion, may approve or refuse to approve the appointment or dismissal.

(3)  If Tasracing reasonably considers that a person is not a fit and proper person to remain as a prescribed officer of a registered club, Tasracing may direct the club to dismiss the person.

(4)  A registered club must comply with a direction under subsection (3) within such time as is specified in the direction.

(5)  No action lies against Tasracing or a registered club for or in respect of any damage or loss sustained or alleged to have been sustained by a person by reason of –

(a) the refusal of Tasracing to approve the appointment of that person as a prescribed officer of that registered club; or

(b) the person's dismissal as a prescribed officer of that registered club in accordance with this section.

(6)  A registered club may pay its officers such remuneration, invest them with such powers and assign them such functions as the club considers appropriate.

(7)  A person holding an appointment as an officer of a registered club is not subject to the State Service Act 2000 .

(8)  For the avoidance of doubt, this section does not apply to the appointment of stipendiary stewards or their dismissal.