Racing Act 1958

A person on whom a notice under section 50S in relation to a hearing of the Victorian Racing Tribunal has been served may make a claim to the Victorian Racing Tribunal—

that the person has or will have a reasonable excuse for failing to comply with the notice; or

in the case of a notice to produce, or a notice to attend and produce specified documents or things, that a document or other thing specified in the notice is not relevant to the subject matter of the hearing.

Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Victorian Racing Tribunal if the information—

is the subject of parliamentary privilege; or

is the subject of legal professional privilege; or

is the subject of public interest immunity; or

is prohibited from disclosure by a court order; or

is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to the Victorian Racing Tribunal; or

is prohibited from disclosure by a provision of another prescribed enactment.

If the Victorian Racing Tribunal is satisfied that the person's claim is made out, the Victorian Racing Tribunal, by further written notice served on the person, may vary or revoke the notice.

In addition to subsection (3), the Victorian Racing Tribunal, by further written notice served on a person may, at any time, vary or revoke a notice to produce or notice to attend served on the person.

A notice varying or revoking a notice to produce or notice to attend under subsection (3) or (4) must be served in accordance with section 50T.