79Procedure on appeals

79 Procedure on appeals

(1)  On the lodgment of an appeal, the secretary to the TRAB is to –

(a) request the chairperson to fix a time and place, as soon as practicable, for the hearing of the appeal; and

(b) give the parties to the appeal notice of that time and place; and

(c) give the respondent a copy of the notice of appeal; and

(d) give the parties to the appeal, as soon as practicable, a copy of the transcript, if any, of the proceedings at which the decision that is the object of the appeal was made; and

(e) in the case of an appeal under section 76(1)(b) , give the appellant, as soon as practicable, a copy of the race patrol film relating to the matter that is the object of the appeal.

(2)  For the purposes of subsection (1) , the chairperson is to make every endeavour to ensure that –

(a) a minor appeal is heard within 14 days of lodgment of the appeal; and

(b) a major appeal or an appeal under section 77 is heard within 28 days of the lodgment of the appeal.

(3)  Before an appeal is heard or consideration is given under section 85 to suspending the operation of a decision or a penalty, the appellant must pay the prescribed deposit, if any, to the secretary to the TRAB.

(4)  An appeal is not capable of being withdrawn or abandoned except by leave of the chairperson.

(5)  An application for leave to withdraw or abandon an appeal is to be –

(a) in a form approved by the TRAB; and

(b) lodged with the secretary to the TRAB.

(6)  At the hearing of an appeal, the TRAB may allow the appellant to amend the grounds of appeal if satisfied in the circumstances of the case that it would be just to do so.

(7)  In this section –

race patrol film means a visual recording of a horse race or greyhound race used by stewards in determining a matter under the Rules of Racing.