What is an original decision
240 What is an original decision
An original decision is a decision to do any of the following—
refuse to grant or renew a licence;
take disciplinary action relating to a licence;
censure the holder of a licence;
take an exclusion action against a person;
impose a monetary penalty on a person;
impose any other non-monetary penalty on a person;
seize, under this Act or a warrant, an animal or other thing, unless the seizure was in a circumstance mentioned in section 184(1)(a) or (b);
forfeit, under section 187(1), an animal or other thing;
give an animal welfare direction;
another decision prescribed by regulation.
However, the following decisions are not original decisions—
a decision relating to the eligibility of an animal to race or the conditions under which an animal can race;Example—the commission’s decision requiring an animal to pass a stated examination or test before being allowed to race
a decision cancelling or suspending a licence for an animal, unless the cancellation or suspension relates to—
a decision to take disciplinary action relating to the licence of a licence holder; or
a decision to take an exclusion action, under the control body’s rules of racing, against a person;
a decision about a protest or objection against placed animals relating to an incident that happened during a race or trial;
a decision relating to a dispute between a racing bookmaker and a person who placed a bet with the bookmaker for a race;
a decision to stop, restart, rerun, postpone or abandon a race;
another decision that is—
a racing decision of a steward reviewable under part 4, division 2; or
a decision of the Racing Appeals Panel.
In this section—exclusion action, relating to a person, see the Racing Act, schedule 1.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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