Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (MISCELLANEOUS) ACT 2013 (NO. 77 OF 2013) - SECT 40

After section 5D of the Racing Act 1958 insert —

" Division 2B—Rules of Racing Victoria

        5E     Definitions

In this Division—

"Australian lawyer" has the same meaning as in the Legal Profession Act 2004 ;

"Rules of Racing "means the rules, for the time being in force, of Racing Victoria.

        5F     Rules of Racing Victoria binding on certain persons

    (1)     The Rules of Racing apply to and may be enforced against—

        (a)     a person who is the holder of a licence, registration, permit or other authority issued by Racing Victoria; or

        (b)     subject to subsection (2), a relevant person.

    (2)     In relation to a relevant person, the Rules of Racing must provide that, if there is to be an investigation or inquiry in relation to horse racing or wagering or both under the Rules of Racing in which the Rules of Racing may be applied to or enforced against a relevant person—
s. 40

        (a)     the investigation or inquiry must be initiated by a Steward; and

        (b)     in conducting the investigation or inquiry, the Steward must have reasonable grounds to suspect the relevant person—

              (i)     may have contravened the Rules of Racing; or

              (ii)     may be involved in a contravention of the Rules of Racing; or

              (iii)     may have knowledge or possession of information as to a contravention of the Rules of Racing—

because of—

              (iv)     the person's attendance at a race-meeting of horse racing in Victoria; or

              (v)     the person's participation in an activity in connection with or involving horse racing in Victoria or wagering on horse racing in Victoria.

        5G     Hearings of RV Racing Appeals and Disciplinary Board

The Rules of Racing must provide, in relation to the RV Racing Appeals and Disciplinary Board and proceedings before the RV Racing Appeals and Disciplinary Board under the Rules of Racing, for the following—

        (a)     that the Board—

              (i)     may, if the parties to a proceeding have been advised of the date, time and venue of the hearing, conduct the hearing in the presence of the parties or representatives of the parties, or with only some of the parties or representatives of the parties or without any of the parties or representatives of the parties;

              (ii)     may hear evidence by telephone, closed circuit television or video links;

              (iii)     may allow the evidence of a Steward or an investigator to be given on the notes of evidence taken by the Steward or investigator;

              (iv)     may conduct a proceeding on the case stated by the parties to the proceeding;

              (v)     may conduct the re-hearing of a matter by affidavit, statutory declaration or oral evidence;

              (vi)     is not required to conduct a hearing as a de novo hearing;

              (vii)     may conduct a proceeding in private if the Board considers that it is in the interests of justice, but must otherwise hold its hearing in public;

              (viii)     may review a decision being appealed in full including in circumstances where only part of the decision has been objected to, sought to be reviewed or appealed;

              (ix)     may make interim orders;

              (x)     must give reasons for any decision it makes;

              (xi)     is bound by the rules of natural justice;

              (xii)     may otherwise regulate its own procedure;

        (b)     that the Board may dismiss a proceeding without hearing if the Board is satisfied that the proceeding is frivolous, vexatious, misconceived or lacking substance;

        (c)     that a party to a proceeding before the Board is entitled to be represented by an Australian lawyer or any other person;

        (d)     that the Chairperson or Deputy Chairperson of the Board may give directions in relation to the operation or procedure of the Board;

        (e)     that directions referred to in paragraph (d) must not be inconsistent with this Act or the Rules of Racing.".