Warning off
72 Warning off
If RWWA is of the opinion that the attendance of a person at a racecourse may be prejudicial to the proper conduct or control of racing or any other lawful activity carried on at a racecourse, RWWA may exercise its powers under section 44(1)(e) of the Act against the person by giving a notice (a warning off notice) to the person.
Before giving a warning off notice to a person, RWWA must comply with subregulations (3) to (5).
RWWA must give the person a notice (a show cause notice) setting out —
that RWWA proposes to exercise its powers under section 44(1)(e) of the Act against the person; and
the grounds upon which RWWA proposes to exercise those powers against the person; and
that the person may be heard by RWWA as to why RWWA should not exercise those powers against the person, if the person requests a hearing within 14 days of receiving the notice.
If a person given a show cause notice requests a hearing by RWWA, RWWA must hear that person within 28 days of receiving the person’s request.
RWWA must take into account any matter raised by the person at the hearing.
The person may be represented at the hearing by another person and that person may be a legal practitioner.
Nothing in this regulation is to be taken to prevent RWWA delegating any function under this regulation.
[Regulation 72 inserted: Gazette 5 Nov 2004 p. 4984‑5.]
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