Western Australian Consolidated Acts

RACING PENALTIES (APPEALS) ACT 1990 - SECT 9

9 .         Relationship with Minister

        (1)         For parliamentary purposes or for the proper conduct of the Minister’s public business, the Minister is entitled to have information in the possession of the Tribunal and to have and retain copies of documents requested.

        (2)         For the purposes of subsection (1) the Minister may —

            (a)         request the Registrar to furnish information to the Minister; and

            (b)         request the Chairperson to ensure that the Minister is given access to information; and

            (c)         make use of any staff or facilities available to the Tribunal to obtain the information and to furnish it to the Minister.

        (3)         A request made under subsection (2) shall be complied with, and staff and facilities made available to the Minister for the purposes of that subsection.

        (4)         Prior to the submission of the annual report of operations required by the Financial Management Act 2006 , which shall include the text of any direction given under subsection (5), and at any other time the Minister so requests, the Chairperson shall furnish to the Minister a report on the activities of the Tribunal, during the then or preceding racing calendar year and not previously reported on, in terms of the conduct and consequence of any investigations, appeals, and other matters likely to affect the racing industry.

        (5)         The Minister may give directions in writing to the Tribunal with respect to its functions and administration, either generally or with respect to a particular matter (but not in relation to the conduct of any particular appeal) and the Chairperson shall ensure that effect is given to any such direction.

        (6)         For the purposes of this section —

        document includes any data that is recorded or stored mechanically, photographically, or electronically and any tape, disc or other device or medium on which it is recorded or stored;

        information means documents or other information relating to the functions of the Tribunal being information, as so defined, specified, or of a description specified, by the Minister; and

        parliamentary purposes means the purpose of —

            (a)         answering a question asked in a House of Parliament; or

            (b)         complying with a written law, or an order or resolution of a House of Parliament, that requires information to be furnished to a House of Parliament.

        [Section 9 amended by No. 77 of 2006 Sch. 1 cl. 143(1).]