Tasmanian Numbered Acts

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RACING REGULATION ACT 2004 (NO. 62 OF 2004) - SECT 38

Race meeting permits
(1)  A person may apply to the Director for a permit to hold a race meeting for or on behalf of an association or other body of persons (other than a registered club).
(2)  The application –
(a) is to be in an approved form; and
(b) must be accompanied by the prescribed fee, if any; and
(c) must be supported by such information or evidence as the Director requires.
(3)  Subject to subsection (4) , the Director may –
(a) approve the application; or
(b) refuse the application.
(4)  The Director must refuse the application if the association or other body of persons for or on whose behalf the race meeting is proposed to be held is a proprietary body.
(5)  In deciding in any other case whether to approve the application, the Director may consider such matters as he or she thinks fit, including –
(a) whether the venue for the proposed race meeting is suitable for use as a racecourse; and
(b) whether adequate first-aid and veterinary facilities will be available at the proposed race meeting; and
(c) whether any necessary local government approvals have been obtained.
(6)  If the application is refused –
(a) the Director is to give the applicant notice of the refusal, with reasons, and may refund all or any part of the application fee; but
(b) the Director's decision is not appealable to the TRAB.
(7)  If the application is approved, the Director is to –
(a) give the applicant notice of the approval; and
(b) issue the applicant with the required permit.
(8)  The permit may be issued unconditionally or on such conditions as the Director determines.
(9)  Without limiting the Director's discretion, the permit may be issued on one or more of the following conditions:
(a) that no betting take place at or in respect of the proposed race meeting;
(b) that no images of any race of the proposed race meeting be transmitted, electronically or otherwise, for display anywhere outside the venue used for the race meeting;
(c) that no commentary of any race of the race meeting be broadcast by radio or other means.
(10)  The permit is to be in an approved form but it must –
(a) specify the conditions, if any, of the permit; and
(b) specify which racecourse is to be used for the proposed race meeting.
(11)  The permit is invalidated if any racecourse other than the one specified in the permit is used for the proposed race meeting.
(12)  The permit may, by notice to the Director, be surrendered at any time but it has no surrender value.
(13)  The permit is not renewable or transferable and if any attempt is made to transfer the benefit of the permit it is taken to have been cancelled on the date of the attempted transfer.
(14)  A person issued with a permit under this section must not –
(a) contravene a condition of the permit; or
(b) cause or allow another person to contravene a condition of the permit.
Penalty:  Fine not exceeding 20 penalty units.
(15)  A person must not knowingly contravene a condition of a permit issued to another person under this section.
Penalty:  Fine not exceeding 20 penalty units.


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