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RACING ACT 1999 (NO. 1 OF 1999) - SCHEDULE 2

    SCHEDULE 2     Section 42

ASSESSORS OF THE TRIBUNAL

1.     Appointment of assessors

    Assessors shall be appointed by the Minister from among persons who the Minister is satisfied have special knowledge of or experience in the racing industry.

2.     Term of office

    An assessor is appointed for the term of office, not exceeding 3 years, specified in the instrument of appointment, and is eligible for re-appointment.

3.     Removal of assessors

(1)     The Minister shall terminate the appointment of an assessor if the assessor—

        (a)     resigns by giving written notice to the Minister; or

        (b)     fails to disclose an interest as required by clause 5.

(2)     The Minister may terminate the appointment of an assessor for misbehaviour or physical or mental incapacity.

4.     Remuneration and allowances

(1)     An assessor shall be paid such remuneration and allowances as are prescribed in the regulations.

(2)     Subclause (1) does not apply—

        (a)     in relation to remuneration—if there is a subsisting determination relating to the remuneration to be paid to an assessor; or

        (b)     in relation to an allowance of a particular kind—if there is a subsisting determination relating to an allowance of that kind to be paid to an assessor.

(3)     In this clause—

“determination” means a determination under the Remuneration Tribunal Act 1995 .

5.     Disclosure of interests

    An assessor—

        (a)     shall inform the President when it becomes apparent that the assessor has or has acquired an interest that could conflict with the assessor's proper performance of his or her functions as assessor of the Tribunal in a hearing; and

        (b)     shall not take part in the hearing.



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