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BETTING AND RACING ACT 1998 - SECT 33D
Appeals to Minister
33D Appeals to Minister
(1) A person may appeal to the Minister against any of the following decisions
of a relevant racing control body-- (a) a decision of the body to reject an
application by the person for a race field information use approval,
(b) a
decision of the body to impose a condition under section 33A(2) (other than a
condition relating to the payment of a fee or series of fees) on a race field
information use approval,
(c) a decision of the body to cancel a race field
information use approval held by the person,
(d) a decision of the body to
vary any term of a race field information use approval held by the person
(other than a term relating to the payment of a fee or series of fees).
(2)
An appellant must give notice to the following person and body of the grounds
of the appellant's appeal in the form and manner approved by the Minister from
time to time-- (a) the Minister,
(b) the relevant racing control body that
made the decision appealed against.
(3) The relevant racing control body that
made the decision appealed against is to be the respondent in the appeal.
(4)
A notice under subsection (2) must be given within 20 working days (or within
such longer period as the Minister may allow) after the date on which the
appellant was notified of the decision of the relevant racing control body
that is being appealed.
(5) In determining an appeal, the Minister may
appoint a person that the Minister considers has suitable qualifications to
act as an arbitrator (the
"arbitrator" ) to furnish a report to the Minister with respect to the appeal
containing-- (a) a recommendation as to whether the appeal should, in the
opinion of the arbitrator, be dismissed or allowed either unconditionally or
subject to such conditions as may be specified in the report, and
(b) the
reasons for the recommendation.
(6) The unsuccessful party to an appeal is to
pay the costs of any arbitrator appointed by the Minister under subsection
(5).
(7) The Minister, after considering any report that is furnished to the
Minister under subsection (5), may-- (a) dismiss the appeal, or
(b) allow the
appeal either unconditionally or subject to such conditions as the Minister
thinks proper to impose, or
(c) if the appeal is against the imposition of
conditions, refuse to approve the application for a race field information use
approval from the determination of which the appeal has been made, or
(d)
return the report to the arbitrator concerned and request further
consideration of the report.
Note : As the decision of the Minister in an
appeal under this section is a decision that is administratively reviewable by
the Civil and Administrative Tribunal in an application made under
section 33E, section 48 of the Administrative Decisions Review Act 1997
requires the Minister to give the appellant and respondent in the appeal
written notice of the decision on the appeal. Division 2 of Part 2 of Chapter
3 of that Act enables the appellant and respondent to request written reasons
for the Minister's decision.
(8) The decision of the Minister under
subsection (7) (other than a decision under subsection (7)(d)) has effect as
if it were a decision of the relevant racing control body from whose decision
the appeal is made.
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