45Membership of Appeal Panel

#### 45 Membership of Appeal Panel 45 Membership of Appeal Panel > > (1) Racing NSW is to appoint suitably qualified persons to be members of the Appeal Panel. A member of Racing NSW cannot be a member of the Appeal Panel. > > > (2) Racing NSW is (subject to this section) to determine the qualifications and disqualifications for membership of the Appeal Panel and for that purpose is to have particular regard to the need to minimise conflicts of interest, such as might arise from a person’s— > > > > > (a) ownership of horses currently in work, or > > > > > (b) professional involvement in race preparation, or > > > > > (c) professional or commercial dealings with any person who holds a licence issued by Racing NSW or by a racing association. > > > (3) At least one member of the Appeal Panel is to be an Australian lawyer of at least 7 years standing. > > > (4) A person is not eligible to be appointed as a member of the Appeal Panel if the person— > > > > > (a) holds a licence issued by Racing NSW or by a racing association, or > > > > > (b) is currently warned off or disqualified, or is a person whose name is currently on the Forfeits List, under the Australian Rules of Racing, or > > > > > (c) during the previous 10 years has been convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or > > > > > (d) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or > > > > > (e) is a mentally incapacitated person. > > > (5) A member of the Appeal Panel holds office for 4 years from appointment and is eligible (if otherwise qualified) to be reappointed. > > > (6) The office of a member of the Appeal Panel becomes vacant if the member— > > > > > (a) dies, or > > > > > (b) completes a term of office and is not reappointed, or > > > > > (c) resigns the office by instrument in writing addressed to Racing NSW, or > > > > > (d) is removed from office under subsection (7), or > > > > > (e) becomes a person who is not eligible to be a member of the Appeal Panel. > > > (7) The Governor may, on the recommendation of Racing NSW, remove a member of the Appeal Panel from office for incapacity, incompetence or misbehaviour. > > **s 45:** Am 1997 No 24, Sch 1 \[5\]; 1999 No 94, Sch 4.165; 2006 No 120, Sch 3.26.