Racing Regulation and Integrity Act 2024

After hearing an appeal, the TRAB – may affirm, vary or quash the decision that was the object of the appeal or, if section 77(3)(a) applies, make the orders in settlement of the dispute that it thinks fit; or if the appeal is made under section 76(1)(b), may, if it considers it just to do so, refer the matter to the stewards for rehearing if the TRAB is satisfied that the appellant did not engage in the conduct that prompted the making of the decision but may have engaged in some other conduct that would have justified the respondent making another decision against the appellant.

Subject to subsection (3), if the decision that was the object of the appeal is affirmed or varied, the decision is to take effect immediately.

If the immediate implementation of the decision referred to in subsection (2) would have a detrimental effect in relation to the care and wellbeing of a horse or a greyhound, the TRAB may defer the implementation of the decision, or part of the decision, and any restrictions arising out of the decision or part of the decision for such period, not exceeding 5 days, as it thinks fit.

After hearing an appeal, or on the withdrawal or abandonment of an appeal, the TRAB must make an order regarding the disposal of the prescribed deposit, if any, lodged on appeal.

For the purposes of subsection (4), the TRAB must order that – if the decision that was the object of the appeal is affirmed, an amount of not less than 50% of the prescribed deposit is to be forfeited to the Secretary of the Department; or if an appeal is withdrawn or abandoned after consideration has been given under section 85 to suspending the operation of a decision or a penalty, an amount of not less than 50% of the prescribed deposit is to be forfeited to the Secretary of the Department; or if an appeal is withdrawn or abandoned and no consideration has been given under section 85 to suspending the operation of a decision or a penalty, the whole of the prescribed deposit is to be refunded to the appellant; or if the decision that was the object of the appeal is varied, an amount of not less than 25% of the prescribed deposit is to be forfeited to the Secretary of the Department; or if the decision that was the object of the appeal is quashed or referred to the stewards for rehearing under subsection (1)(b), the whole of the prescribed deposit is to be refunded to the appellant.

If the TRAB orders that an amount of more than 50% of the prescribed deposit is to be forfeited to the Secretary of the Department, it is to have regard to – whether the appeal appears to the TRAB to have been made in good faith or vexatiously; and whether the grounds of appeal appear to the TRAB to have been serious or frivolous; and whether the appellant appears to the TRAB to have been seeking genuine redress or merely a delay in the implementation of the decision under appeal; and whether, in the reasonable opinion of the TRAB, the appellant pursued the appeal with due diligence or was obstructive; and such other matters as the TRAB thinks reasonable and fair in the circumstances.

Any part of a prescribed deposit not forfeited to the Secretary of the Department is to be refunded to the appellant.

If the TRAB affirms or varies the decision that was the object of the appeal, the TRAB must make an order requiring the appellant to pay to the Secretary of the Department a percentage of the cost incurred in the preparation of the transcript referred to in section 79(1)(d).

For the purposes of subsection (8), the TRAB must order that – if the decision that was the object of the appeal is affirmed, an amount of not less than 50% of the cost referred to in that subsection is to be paid to the Secretary of the Department; or if an appeal is withdrawn or abandoned, an amount of not less than 50% of the cost referred to in that subsection is to be paid to the Secretary of the Department; or if the decision that was the object of the appeal is varied, an amount of not less than 25% of the cost referred to in that subsection is to be paid to the Secretary of the Department.

If the TRAB orders that an amount of more than 50% of the cost referred to in subsection (8) is to be paid to the Secretary of the Department, it is to have regard to – whether the appeal appears to the TRAB to have been made in good faith or vexatiously; and whether the grounds of appeal appear to the TRAB to have been serious or frivolous; and whether the appellant appears to the TRAB to have been seeking genuine redress or merely a delay in the implementation of the decision under appeal; and whether, in the reasonable opinion of the TRAB, the appellant pursued the appeal with due diligence or was obstructive; and such other matters as the TRAB thinks reasonable and fair in the circumstances.

If, after hearing an appeal under section 77(1) against a decision, the TRAB is satisfied that the appellant did not engage in the conduct that prompted the making of the decision but may have engaged in some other conduct that would have justified the respondent making another decision against the appellant, the TRAB may, if it considers it just to do so, make any decision that could have been made by the respondent in relation to the other conduct.

A registered bookmaker who, following the determination of an appeal under section 77(3)(a), is ordered by the TRAB to pay a bet must comply with that order. Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

The TRAB is to give the parties to an appeal notice of its determination in relation to the appeal.

A determination of the TRAB in relation to an appeal is final and, in the case of an appeal against a decision, is to be taken to be the decision of the respondent to which the determination relates.