29CSanctions for non-compliance by race club with conditions, minimum standards and directions

29C Sanctions for non-compliance by race club with conditions, minimum standards and directions

29C Sanctions for non-compliance by race club with conditions, minimum standards and directions

(1) Racing NSW may impose any sanction authorised by this section on a registered race club that Racing NSW is satisfied has—

(a) failed without reasonable excuse to comply with a minimum standard set under section 29A, or

(b) failed without reasonable excuse to comply with a direction given to the race club under section 29B, or

(c) failed without reasonable excuse to comply with a condition of the registration of the race club (other than a minimum standard set under section 29A).

(2) Each of the following sanctions is a sanction that Racing NSW may impose under this section—

(a) a public admonishment of the race club,

(b) a requirement that the race club pay to Racing NSW a civil penalty of up to 50 penalty units (or up to 100 penalty units if the contravention or failure is the second or a subsequent contravention or failure for which a civil penalty has been imposed on the race club under this section),

(c) suspension or cancellation of the race club’s registration.

(3) Racing NSW is not to impose a sanction under this section without first giving the registered race club concerned notice in writing of the proposed sanction and a reasonable opportunity to be heard and to make submissions about the matter.

(4) Subsection (3) does not apply in respect of the imposition of a sanction if Racing NSW is satisfied that the sanction must be imposed as a matter of urgency because the contravention or failure concerned poses a significant threat—

(a) to public health or safety, or

(b) to the financial wellbeing of the horse racing industry as a whole in New South Wales.

(5) A sanction is imposed by giving notice in writing of the decision to impose the sanction to the race club concerned.

(6) A civil penalty imposed under this section may be recovered by Racing NSW as a debt.

s 29C: Ins 2008 No 63, Sch 1 [28]. Am 2013 No 21, Sch 1 [2].