Harness Racing Act 2009

HRNSW may impose any sanction authorised by this section on a harness racing club that HRNSW is satisfied has—

failed without reasonable excuse to comply with a minimum standard set under section 28, or

failed without reasonable excuse to comply with a direction given to the harness racing club under section 29.

Each of the following sanctions is a sanction that HRNSW may impose under this section—

a public admonishment of the harness racing club,

a requirement that the harness racing club pay to HRNSW a civil penalty of up to 50 penalty units (or up to 100 penalty units if the contravention or failure is the second or a subsequent contravention or failure for which a civil penalty has been imposed on the club under this section),

suspension or cancellation of the harness racing club’s registration.

HRNSW is not to impose a sanction under this section without first giving the harness racing club concerned notice in writing of the proposed sanction and a reasonable opportunity to be heard and to make submissions about the matter.

Subsection (3) does not apply in respect of the imposition of a sanction if HRNSW is satisfied that the sanction must be imposed as a matter of urgency because the contravention or failure concerned poses a significant threat—

to public health or safety, or

to the financial wellbeing of the harness racing industry as a whole in New South Wales.

A sanction is imposed by giving notice in writing of the decision to impose the sanction to the harness racing club concerned.

A civil penalty imposed under this section may be recovered by HRNSW as a debt.