Western Australian Current Acts Western Australian Current Acts[s. 4(4)]
[Heading amended: No. 19 of 2010 s. 4.]
1 . Public service officer may be member of a
Tribunal
(1) An officer of the
Public Service may be appointed to be a member of a Tribunal.
(2) The provisions of
Part 3 of the Public Sector Management Act 1994 do not apply to or in respect
of —
(a) the
appointment of a person to the panel established under section 6(3); or
(b) the
selection of a person from that panel to be a member of a Tribunal; or
(c) a
member of a Tribunal, in that capacity.
(3) A member of the
Tribunal who is an officer of the Public Service is entitled to be paid from
the funds of the Tribunal such travelling and subsistence allowances as the
Minister, after consultation with the Public Sector Commissioner, may from
time to time determine.
[Clause 1 amended: No. 32 of 1994 s. 19; No. 39 of
2010 s. 89.]
A person who is
appointed as Chairperson or to a panel established under section 6(3) (other
than a person who is an officer of the Public Service) is entitled to be paid
from the funds of the Tribunal such remuneration (if any) and allowances as
the Minister, after consultation with the Public Sector Commissioner, may from
time to time determine.
[Clause 2 amended: No. 39 of 2010 s. 89.]
3 . Eligibility for, and vacation of, office and
conditions of appointment
[(1) deleted]
(2) A person is not
eligible for appointment as, and shall cease to be eligible to hold the office
of, Chairperson or a member if the person is or becomes —
(a) a
bookmaker or a bookmaker’s clerk; or
(b) the
trainer of a greyhound, thoroughbred or pacer; or
(c)
whether professionally or not, a rider in races for thoroughbreds or a driver
in races for pacers; or
(d) a
director of RWWA or a member of staff of RWWA.
(3) A person who holds
office as the Chairperson or is appointed to the panel established under
section 6(3) shall cease to hold that office —
(a) when
the term for which that person was appointed expires; or
(b) when
that person dies; or
(c) if
that person is not, or ceases to be, eligible to hold office as a member; or
(d) if
removed from office by the Minister under clause 4.
(4) Where a person who
holds office as Chairperson or who is appointed to the panel —
(a) by
the operation of this Schedule, ceases to hold that office; or
(b) by
notice in writing delivered to the Minister, resigns that office,
the office becomes
vacant.
(5) Subject to
subclause (4), a person who is appointed to be the Chairperson, or to the
panel established under section 6(3), shall hold that office for such term not
exceeding 3 years as is, and in accordance with such conditions as are,
specified in the instrument of appointment and, upon expiration of that term,
is eligible for reappointment.
[Clause 3 amended: No. 42 of 1997 s. 8; No. 23 of
1998 s. 20; No. 35 of 2003 s. 192.]
The Minister may
remove the Chairperson or a person eligible to be a member from that office
—
(a) if,
in the opinion of the Minister, that person —
(i)
has contravened section 7(1) or (2) or a condition
specified in the instrument of appointment; or
(ii)
is or becomes ineligible to hold the office; or
(iii)
is guilty of —
(A) incompetence; or
(B) misconduct;
or
(iv)
is, by reason of impairment within the meaning of Part
IVA of the Equal Opportunity Act 1984 , unable to carry out satisfactorily the
duties of the office;
or
(b) if
the person is, according to the Interpretation Act 1984 section 13D, a
bankrupt or a person whose affairs are under insolvency laws; or
(c) if
the person was absent from 3 consecutive meetings of a Tribunal, being a
Tribunal in relation to which reasonable notice of the appointment or
selection of that person as a member had been given to that person, either
personally or in the ordinary course of post, and that person had not
requested from, and been granted by, the Minister leave of absence.
[Clause 4 amended: No. 18 of 2009 s. 72.]
5 . Validity of proceedings etc.
(1) No act or
proceeding of a Tribunal, or of any person acting pursuant to any direction of
a Tribunal, is, invalidated or prejudiced by reason only —
(a) that
as at the time the Tribunal was constituted —
(i)
there was a defect in the appointment of any member of
that Tribunal; or
(ii)
a member of the Tribunal was a person who was
disqualified from acting as, or was incapable of being, a member of that
Tribunal;
or
(b) that
after the Tribunal was constituted a vacancy occurred in the membership of the
Tribunal,
and effect shall be
given to any such act or proceeding as if the Tribunal had been properly
constituted.
In any proceedings
before or in relation to the Tribunal, unless evidence is given to the
contrary, no proof shall be required of —
(a) the
constitution of the Tribunal; or
(b) any
resolution of the Tribunal; or
(c) the
appointment of any member of the Tribunal.
This is a compilation of the Racing Penalties (Appeals) Act 1990 and includes
amendments made by other written laws. For provisions that have come into
operation, and for information about any reprints, see the compilation table.
For provisions that have not yet come into operation see the uncommenced
provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
46 of 1990 |
26 Nov 1990 |
s. 1 and 2: 26 Nov 1990; | |
|
Acts Amendment and Repeal (Betting) Act 1992 Pt. 6 |
11 of 1992 |
16 Jun 1992 |
31 Jul 1992 (see s. 2(1) and Gazette 31 Jul 1992 p. 3735) |
|
Acts Amendment (Public Sector Management) Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
|
Statutes (Repeals and Minor Amendments) Act 1994 s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Financial Legislation Amendment Act 1996 s. 59 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Equal Opportunity Amendment Act (No. 3) 1997 s. 8 |
42 of 1997 |
9 Dec 1997 |
6 Jan 1998 (see s. 2(1)) |
|
Western Australian Greyhound Racing Association Amendment Act 1998 s. 20 |
23 of 1998 |
30 Jun 1998 |
1 Aug 1998 (see s. 3 and Gazette 21 Jul 1998 p. 3825) |
|
Statutes (Repeals and Minor Amendments) Act 2000 s. 37 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Reprint of the Racing Penalties (Appeals) Act 1990 as at 19 Oct 2001
(includes amendments listed above) | |||
|
Racing and Gambling Legislation Amendment and Repeal Act 2003 Pt. 11 1, 2 |
35 of 2003 |
26 Jun 2003 |
s. 179, 180(1)(a), (b), (d)-(g) and 181-194: 1 Aug 2003 (see s. 2 and Gazette
29 Jul 2003 p. 3259); s. 180(1)(c) and (2): 30 Jan 2004 (see s. 2 and Gazette
30 Jan 2004 p. 397) |
|
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 58 and 116 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) |
|
Courts Legislation Amendment and Repeal Act 2004 s. 142 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 16 Div. 3 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
|
Reprint 2: The Racing Penalties (Appeals) Act 1990 as at 18 Aug 2006
(includes amendments listed above) | |||
|
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 143 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Racing and Wagering Legislation Amendment Act 2007 Pt. 3 |
2 of 2007 |
28 Mar 2007 |
1 Jul 2007 (see s. 2) |
|
Legal Profession Act 2008 s. 695 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Acts Amendment (Bankruptcy) Act 2009 s. 72 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Standardisation of Formatting Act 2010 s. 4 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Reprint 3: The Racing Penalties (Appeals) Act 1990 as at 24 Sep 2010
(includes amendments listed above) | |||
|
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
|
Betting Tax Assessment Act 2018 Pt. 8 Div 2 Subdiv. 4 |
37 of 2018 |
12 Dec 2018 |
1 Feb 2019 (see s. 2(b) and Gazette 25 Jan 2019 p. 193) |
|
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
TAB (Disposal) Act 2019 s. 154 |
21 of 2019 |
18 Sep 2019 |
To be proclaimed (see s. 2(1)(b)(xiii)) |
1 The Racing and Gambling Legislation Amendment
and Repeal Act 2003 s. 19 reads as follows:
19. Power to amend regulations
(1) The Governor, on
the recommendation of the Minister, may make regulations amending subsidiary
legislation made under any Act.
(2) The Minister may
make a recommendation under subsection (1) only if the Minister considers that
each amendment proposed to be made by the regulations is necessary or
desirable as a consequence of the enactment of the RWWA Act or this Act.
(3) Nothing in this
section prevents subsidiary legislation from being amended in accordance with
the Act under which it was made.
2 The Racing and Gambling Legislation Amendment
and Repeal Act 2003 Pt. 11 Div. 2 are transitional provisions that are of no
further effect.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
appellant
13(1)
bet 3(1)
bookmaker
3(1)
Chairperson 3(1)
determination 3(1)
document
9(6)
horse 3(1)
information
9(6)
member 3(1)
owner
3(1)
pacer 3(1)
parliamentary
purposes 9(6)
race
3(1)
race meeting 3(1)
racecourse
3(1)
racing 3(1)
Registrar
3(1)
runner 3(1)
RWWA
3(1)
RWWA Act 3(1)
steward
3(1)
thoroughbred 3(1)
trial 3(1)
Tribunal
3(1)