[blml] Law 80 (Regulatory Authority) [SEC=UNOFFICIAL]

[Reg Busch]

Robert Geller wrote:

>Reg Busch writes:
>  
>
>>>Reg Busch: But the Tournament Organiser has to be recognised 
>>>      
>>>
>by the RA and is subject to the RA's requirements. If the RA is 
>exercising its powers illegally according to civil law, where 
>does that leave the Tournament Organiser?
>  
>
>>> 
>>>      
>>>
>
>The footnote to L93C3b says the following
>*************************************************
>* The Regulating Authority is responsible for compliance with 
>any
>national law that may affect its action.
>*************************************************
>It appears to me this should be a footnote to L80 or maybe 
>should be added as L80A4, as it should apply to all actions of
>the the RA, not just appeals.   
>
>In any case the answer to Reg's very apt question appears to be
>that the RA is not allowed to take actions that conflict with
>national law (for that matter, with State Law or municipal 
>ordinances either, maybe this should be added), and that if they
>are they should be told promptly to stop.
>
>-Bob 
>
>  
>
Reg:
But Bob this is not the answer. The footnote does not apply to Law 80, 
and it seems to me that the footnote refers to such things as the 
observation of rules of natural justice etc.
The fact is that, on June 1 in Australia, under the Laws of Bridge the 
ABF will be the sole RA in Australia, and the ABF intends to assume 
those powers.. If I believe that the ABF in accepting this power is 
acting ultra vires under the constitution, who is to, as you put it, 
promptly tell the ABF to stop? Or has the WBF forecd us into a position 
of having to chase this matter through the courts?
The WBF could have (and arguably should have) anticipated this problem. 
And it could still clear the air. All it needs is a rider to the effect 
that, should there be doubt as to the constitutionality of the NBO 
accepting sole rights as RA, then the NBO may make 'power sharing' 
arrangements with other stakeholders (clubs and states) so that they 
have RA rights in their own areas.  Assignment is not enough. The ABF 
has already decided to assign their rights s RA to the states, but only 
for a period of five years. The states hopefully will reassign rights to 
the clubs.  Assignment in perpetuity would relieve the problem, but not 
solve the actual legalities involved.
Reg



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