Western Australian Current Acts

RACING PENALTIES (APPEALS) ACT 1990 - SECT 13

13 .         Appeals which shall be heard by Tribunal

        (1)         A person (in this Part referred to as the appellant ) who is aggrieved by a determination, or a finding comprised in or related to a determination, of RWWA, of a steward, of a racing club, or of a committee —

            (a)         imposing any suspension or disqualification, whether of a runner or of a person; or

            (b)         imposing a fine; or

            (c)         which results, or may result, in the giving of a notice of the kind commonly referred to as a warning-off; or

            (d)         in relation to any other matter, where the Tribunal gives leave to appeal,

                may, within 14 days after the making of the determination, or in the case of a notice of warning-off the giving of the notice, appeal to the Tribunal.

        (2)         An appeal —

            (a)         that by reason of section 12 would not lie to the Tribunal were it not for this subsection, but is an appeal that in the opinion of the Chairperson may arise out of the same incident, or incidents, as an appeal which could have been or has been made to the Tribunal; or

            (b)         that by reason of the public interest, the Chairperson has determined may be an appeal to which this subsection should apply,

                may be made to and heard by the Tribunal, by leave of the Tribunal.

        (3)         An application, to refer to the Chairperson any question as to whether or not an appeal which would otherwise not lie to the Tribunal is an appeal to which subsection (1)(d) or subsection (2) applies, may be made to the Registrar —

            (a)         if the case is one of urgency, ex parte on affidavit; and

            (b)         in any other case, in such manner and on giving such notice, as the Registrar may require,

                and shall be determined in the first instance by the Chairperson, and if the Chairperson is of the opinion that the leave of the Tribunal should be sought may be heard by the Tribunal by way of preliminary argument.

        (4)         On an application made under subsection (3), the Chairperson may give directions as to the further proceedings in the matter, including directions of a kind to which section 17(7) refers or as to the effect to be given to any determination, and effect shall be given to any such direction by any person to whom the direction applies.

        [Section 13 amended: No. 35 of 2003 s. 183.]