42Right of appeal

#### 42 Right of appeal 42 Right of appeal > > (1) A person aggrieved by any of the following decisions of a racing authority has a right of appeal against the decision to the Appeal Panel— > > > > > (a) a decision to disqualify or warn off any person, > > > > > (b) a decision to disqualify any horse, > > > > > (c) a decision to revoke the licence or registration of any person or suspend (for any period) any such licence or registration, > > > > > (d) a decision to fine any person a sum of $10 or more, > > > > > (e) a decision that Racing NSW determines, by order published in the racing calendar published by Racing NSW, to be a decision that may be appealed against to the Appeal Panel. > > > (1A) Racing NSW has a right of appeal to the Appeal Panel against the following decisions of a racing authority— > > > > > (a) a decision referred to in subsection (1)(a)–(d), > > > > > (b) a decision to dismiss a charge against a person for contravention of the Rules of Racing. > > > (2) A racing authority means— > > > > > (a) the stewards of Racing NSW, > > > > > (b) (Repealed) > > > > > (c) the committee or stewards of any race club or race meeting registered by Racing NSW under the Rules of Racing, > > > > > (d) a racing association. > > > (3) Racing NSW may delegate to a racing association the function of hearing and determining appeals against decisions of the committee or stewards of any club over which the association has jurisdiction. Any such delegation may be general or limited to a particular class or classes of appeals. > > > (4) If an appeal against a decision can be heard by a racing association by virtue of such a delegation, an appellant against the decision has the choice of appealing to the Appeal Panel or to the racing association (but cannot appeal to both). > > > (5) A decision of a racing association on an appeal heard by the racing association by virtue of a delegation under this section, or on an appeal under the Rules of Racing, cannot be appealed against to the Appeal Panel. > > > (6) If the Rules of Racing confer on a person a right of appeal against a decision to the principal club for New South Wales, or the committee of the principal club, and the person has a right of appeal against the decision under this section, the person does not have a right of appeal to Racing NSW (despite the provisions of the Rules of Racing). The function of hearing and determining appeals against decisions that may be appealed against under this section is to be exercised by the Appeal Panel or by a racing association to which that function is delegated under this section, and not by Racing NSW. > > > (7) An appeal is to be made in accordance with the local rules of racing of Racing NSW. > > **s 42:** Am 1997 No 24, Sch 1 \[5\] \[13\] \[14\]; 1998 No 66, Sch 1 \[2\]; 2004 No 23, Sch 1 \[14\].