99Determination of appeals

99 Determination of appeals

(1)  After hearing an appeal, the TRAB –

(a) may affirm, vary or quash the decision that was the object of the appeal or, if section 77(3)(a) applies, make the orders in settlement of the dispute that it thinks fit; or

(b) if the appeal is made under section 76(1)(b) , may, if it considers it just to do so, refer the matter to the stewards for rehearing if the TRAB is satisfied that the appellant did not engage in the conduct that prompted the making of the decision but may have engaged in some other conduct that would have justified the respondent making another decision against the appellant.

(2)  Subject to subsection (3) , if the decision that was the object of the appeal is affirmed or varied, the decision is to take effect immediately.

(3)  If the immediate implementation of the decision referred to in subsection (2) would have a detrimental effect in relation to the care and wellbeing of a horse or a greyhound, the TRAB may defer the implementation of the decision, or part of the decision, and any restrictions arising out of the decision or part of the decision for such period, not exceeding 5 days, as it thinks fit.

(4)  After hearing an appeal, or on the withdrawal or abandonment of an appeal, the TRAB must make an order regarding the disposal of the prescribed deposit, if any, lodged on appeal.

(5)  For the purposes of subsection (4) , the TRAB must order that –

(a) if the decision that was the object of the appeal is affirmed, an amount of not less than 50% of the prescribed deposit is to be forfeited to the Secretary of the Department; or

(b) if an appeal is withdrawn or abandoned after consideration has been given under section 85 to suspending the operation of a decision or a penalty, an amount of not less than 50% of the prescribed deposit is to be forfeited to the Secretary of the Department; or

(c) if an appeal is withdrawn or abandoned and no consideration has been given under section 85 to suspending the operation of a decision or a penalty, the whole of the prescribed deposit is to be refunded to the appellant; or